Union City City Council
October 24, 2023

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, October 24, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing October 2023 As Domestic Violence Awareness Month

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a City Council/RSA Agenda 1 Tuesday, October 24, 2023
speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve The Minutes Of The City Council Meetings Held On September 26, 2023 and October 10, 2023

5.c. Adopt A Resolution Authorizing Submittal Of A Grant Application To CalRecycle For SB 1383 Funds For Which The City Is
Eligible

5.d. Adopt A Resolution Authorizing The City Manager To Enter Into A Single Source, Five-Year Subscription Agreement With Axon Enterprise, Inc., In The Amount Of $121,703.20, For A Data Management System

5.e. Adopt A Resolution Approving The Union City Transit ZeroEmission Bus Fleet Roll-Out Plan (ROP) In Compliance With The California Air Resources Board (CARB) Innovative Clean Transit Regulation

5.f. Adopt A Resolution To Amend the Authorized Positions List For The Police Department To Add One Community Oriented
Policing And Problem Solving (COPPS) Sergeant And
Eliminate One Vacant COPPS Officer Position, And Add Two Community Service Aide (CSA) Positions, And Eliminate Two Vacant Public Services Officer (PSO) II Positions

5.g. Adopt A Resolution Amending Conflict Of Interest Code Of Non-Elected Officials And Designated Employees Of The City Of Union City

5.h. Adopt A Resolution Approving Amendment No. 3 To Contract No. 5774, The Post-Retirement Employment Agreement With Retired Annuitant Lola Tapia

5.i. Adopt A Resolution To Accept Completion Of The Old Alvarado/Cesar Chavez Parks Improvement Project, City
Project 21-13

5.j. Adopt A Resolution Accepting $396,818 From The California Department of Transportation (Caltrans), Clean California Local Grant Program (State) To Fund Union City's Bus Shelter
City Council/RSA Agenda 2 Tuesday, October 24, 2023
Expansion Project, City Project No. 23-07, Amending The FY 2023-2024 Capital Project Funds Budget, Transferring $37,576 In Previously Received California State Transit AssistanceState Of Good Repair Funds In The Paratransit Fund To The Capital Projects Fund, And Authorizing The City Manager To Sign The Required Grant Funding Agreements, In A Form
Approved By The City Attorney

6. PUBLIC HEARINGS

6.a. Public Hearing And Adoption Of Ordinance Approving Zoning Text Amendment, AT-23-005, Amending Chapter 18.08,
“Definitions”, Chapter 18.26, “Marketplace Mixed Use (MMU) District”, Chapter 18.35, “Corridor Mixed Use Commercial (CMU) District”, Chapter 18.36 “Commercial Districts” And Chapter 18.40 “Industrial Districts,” Of The Union City Municipal Code To Repeal The Prohibition Of Alcohol Sales At Self Service Stations Exempt From Environmental Review Pursuant To CEQA Guidelines Section 15061(B)(3)

7. CITY MANAGER REPORTS

7.a. Adopt a Resolution Authorizing the Acceptance of the Homeless Housing, Assistance and Prevention (HHAP) Grant, in the Amount of $626,469, from the State of California, Homeless Coordinating and Financing Council (HCFC), to
Address Immediate Homeless Challenges, to Provide East
County Safe Parking Operating Subsidies and Services, and Amending the Fiscal Year 2023-2024 HHAP Grant Fund
Budget

7.b. Adopt A Resolution Amending City Council General Meeting Rules of Procedure Policy

7.c. Provide Policy Direction Regarding Appointments To The National League Of Cities And Amendment To The City Council Travel & Training Budget

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT
City Council/RSA Agenda 3 Tuesday, October 24, 2023

MEETING INFORMATION
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.

Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impair.

ADDRESSING THE CITY COUNCIL
In Person Public Comment: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Members who wish to speak are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card nor identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments will be e-mailed to the City Council and made publicly available.

City Council/RSA Agenda 4 Tuesday, October 24, 2023
Public Comment via Zoom: As indicated above, the public cannot address the Council via Zoom unless the City is required to provide such opportunity pursuant to AB 2449. In the event that members of the public are allow to participate via Zoom pursuant to AB 2449, the Mayor will make an announcement at the beginning of the meeting. Raise your virtual hand to notify the host that you would like to speak during the item that you wish to speak on.

CITY COUNCIL NORMS AND GUIDELINES (Resolution No. 6129-23; Adopted May 23, 2023) The City Council of the City of Union City comply with the following norms:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.

6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.

7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.

10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary City Council/RSA Agenda 5 Tuesday, October 24, 2023
circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.

City Council/RSA Agenda 6 Tuesday, October 24, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proc - Domestic ViolenceAwareness Attachment
City Council/RSA Agenda 7 Tuesday, October 24, 2023

CITY OF UNION CITY

PROCLAMATION

Recognizing October 2023 as Domestic Violence Awareness Month

WHEREAS, one in four women, one in eight men, an nearly half of transgender individuals in the United States is a victim of emotional, verbal, financial, sexual, physical, or other forms of domestic violence perpetrated by a current or former intimate partner; and
WHEREAS, one in ten seniors, one in three teens, and more than half of children living in a home with a violent adult experience domestic violence; and
WHEREAS, domestic violence knows no boundaries and can impact anyone regardless of age, economic status, faith, race, ethnicity, gender identity, sexual orientation, level of education, ability, language spoken, or geographic location; and
WHEREAS, domestic violence is a serious threat to the well-being of the parties involved and to our community, significantly impacts mental health and medical resources, personal and public safety, and work productivity; and
WHEREAS, providing compassionate and inclusive support through programs and services such as: emergency safe houses and other housing supports; 24-hour crisis hotlines; adult, child, family, and group counseling; and police department and court-based victim advocacy services; and WHEREAS, providing community education and outreach is critical to raising awareness of and recognizing signs of domestic violence, preventing abuse from occurring, and modeling positive relationship traits; and WHEREAS, during Domestic Violence Awareness Month, we recognize the tremendous progress made by SAVE in reducing domestic violence, and we recommit that everyone has the right to a safe and healthy relationship and to live free of abuse.

NOW,THEREFORE, the City Council of the City of Union City does hereby proclaim October, 2023 Domestic Violence Awareness Month throughout Union City, and urges all citizens to work toward ending domestic violence by empowering and assisting individuals and families to access the information and supportive services they need, instituting effective awareness, intervention, and prevention policies within our community, and engaging one another in safe discussions about domestic violence so that domestic violence, a crime that thrives on secrecy, is ended.

DATED this 24th day of October 2023
______________________________________
CAROL DUTRA-VERNACI, Mayor
______________________________________
GARY SINGH, Vice Mayor
______________________________________
JAIME PATIÑO, Councilmember
______________________________________
SCOTT SAKAKIHARA, Councilmember
______________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 8 Tuesday, October 24, 2023
Agenda Item
ATTACHMENTS:

Description Type
Draft Minutes 09262023 Attachment
Draft Minutes 10102023sp Attachment
Draft Minutes 10102023 Attachment
City Council/RSA Agenda 9 Tuesday, October 24, 2023

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, September 26, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci called the meeting to order at 7:03 p.m.

1.b. Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci

Absent: None

2. UNFINISHED BUSINESS – None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing October As Filipino American History Month Mayor Dutra-Vernaci-read the proclamation aloud and presented it to Linda Canlas and representatives from the Filipino American National Historical Society and James Logan High School.

City Council/RSA Agenda 10 Tuesday, October 24, 2023

4. ORAL COMMUNICATIONS
Public comment was given by Craig Roberts and Wendy Huang.

5. CONSENT CALENDAR
Mayor Dutra-Vernaci pulled Item 5.b. for additional discussion.

It was moved by Vice Mayor Singh and seconded by Councilmember Sakakihara to adopt consent calendar items 5.a. and 5.c. through 5.h. The motion was carried unanimously.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.c. Second Reading And Adoption Of Ordinance 917-23 For Zoning Text Amendment, AT-23-004, To Amend Title 18, Zoning, Of The Union City Municipal Code To Update Chapter 18.04 General Provisions; Chapter 18.08 Definitions; Chapter 18.24 General Development Regulations; Chapter 18.26 Marketplace Mixed Use (MMU) District; Chapter 18.27 Village Mixed Use (VMU) District; Chapter 18.28 Off-Street Parking And Loading; Chapter 18.32 Residential Districts; Chapter 18.35 Corridor Mixed Use Commercial (CMU) District; Chapter 18.36 Commercial Districts; Chapter 18.37 Station East Mixed Use Residential (SEMU-R) District; Chapter 18.38 Station Mixed Use Commercial (CSMU) District; And Chapter 18.100 511 Area District To Establish Objective Development Standards And Related Updates For Consistency And Find That The Amendments Are Exempt From The California Environmental Quality Act (CEQA) In Accordance With CEQA Guidelines Section 15061(B)(3).

5.d. Adopted Resolution 6202-23 Authorizing The City Manager To Execute A Consulting Services Agreement With Cal-West Lighting And Signal Maintenance, Inc., In The Amount Of $400,000, For A Twenty-Two Month Period, For Traffic Signal Maintenance, On-Call Support And Emergency Repair Services, City Project No. 23-20, And Appropriating $100,000 From The Unassigned Fund Balance Of The Measure F Vehicle Registration Fee Fund

5.e. Adopted Resolution 6203-23 Authorizing The City Manager To Execute A Service Agreement With The Professional Tree Care Company, In The Amount Of $310,250, For The Annual Tree Pruning & Removal Project, City Project No. 24-10, And Approving A Contract Amount Up To $365,000, Which Includes Contingency Of $54,750, For Fiscal Year 2023-2024; And Authorizing The City Manager, In Her Sole Discretion, To Extend The Agreement For A Second Year, For An Additional Amount Up To $365,000, For Fiscal Year 2024-2025

5.f. Adopted Resolution 6204-23 Authorizing The City Manager To Execute A Grant Of Water Line Easement To Alameda County Water District (ACWD) In Association With The Nuvera Homes Development (Tract Map 7728) By Turk Island Ventures, LLC
City Council/RSA Agenda 11 Tuesday, October 24, 2023

5.g. Adopted Resolution 6205-23 Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Park Engineering, In The Amount Of $100,000, For Inspection Services, For A Total Contract Amount Of $174,000

5.h. Adopted Resolution 6206-23 Approving An Amendment To The Classification And Compensation Plan To Update The Class Specification For The Classifications Of Transit Planner – Assistant, Transit Planner – Associate, And Vehicle Heavy Equipment Mechanic
Discussion of Item 5.b.

5.b. Approve The Minutes Of The City Council Meeting Held On September 12, 2023
Mayor Dutra-Vernaci pulled the item due to not attending the September 12, 2023 City Council Meeting.

It was moved by Councilmember Sakakihara and seconded by Councilmember Patiño to approve Item 5.b.

AYES: Councilmembers Patiño, Sakakihara, Wang, and Vice Mayor Singh
NOES: None
ABSENT: None
ABSTAIN: Mayor Dutra-Vernaci

6. PUBLIC HEARINGS

6.a. Conducted A Public Hearing And Adopt A Resolution Approving The 2022-2023 Community Development Block Grant (CDBG) Consolidated Annual Performance And Evaluation Report (CAPER) And Authorizing The City Manager To Submit The 2022-2023 CDBG CAPER To The U.S. Department Of Housing And Urban Development
Housing and Community Development Manager Francisco Gomez presented the staff report providing a review of Community Development Block Grant (CDBG) goals, accomplishments, and comprehensive accounting of how funds were spent.

Staff recommended that the City Council hold the public hearing and adopt a resolution approving the 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager to submit the CAPER to HUD. Staff responded to questions from Council.

Mayor Dutra-Vernaci opened the public hearing.

Oral public comment was given by Wendy Huang.

Mayor Dutra-Vernaci closed the public hearing.

City Council/RSA Agenda 12 Tuesday, October 24, 2023
Housing Manager Gomez and Community and Recreation Services Director Corina Hahn responded to questions from Council regarding the CAREavan program. Councilmembers provided additional comment.

It was moved by Vice Mayor Singh and seconded by Councilmember Sakakihara to hold the public hearing and adopt Resolution 6207-23 approving the 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager to submit the CAPER to HUD.

AYES: Councilmembers Patiño, Sakakihara, Wang,
Vice Mayor Singh, Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None

7. CITY MANAGER REPORTS

7.a. Adopted A Resolution Approving The Strategic Plan Final Update And City Council Priorities For Fiscal Years 2023-24 And 2024-25, And Approve The Meeting Minutes Of The City Council’s Strategic Planning Workshop Of July 28, 2023
City Manager Joan Malloy presented the staff report reviewing Strategic Plan goals, key accomplishments, top priorities, and capacity.

Oral public comment was given by Wendy Huang.

Councilmember Sakakihara proposed moving Goal D. (Environmental Sustainability and Infrastructure), Item 8 (Update the Climate Action Plan and also include regional goals in the plan) to be included in the list of top Council priorities.

City Manager Malloy and Public Works Director Marilou Ayupan responded to questions from Council.

It was moved by Councilmember Sakakihara and seconded by Councilmember Wang to adopt Resolution 6208-23 Approving The Strategic Plan Final Update And City Council Priorities For Fiscal Years 2023-24 And 2024-25, with the addition of Goal D8 (Update the Climate Action Plan and also include regional goals in the plan) to the list of top Council priorities, and Approve The Meeting Minutes Of The City Council’s Strategic Planning Workshop Of July 28, 2023
AYES: Councilmembers Patiño, Sakakihara, Wang,
Vice Mayor Singh, Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None
City Council/RSA Agenda 13 Tuesday, October 24, 2023

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL
Councilmember Wang reported on his attendance of the following:
 StopWaste Recycling Board meeting
 Potential Revenue Measures Adhoc Subcommittee meeting Vice Mayor Singh reported on his attendance of the following:
 Union City Kabbadi Cup
 District Policing Meeting
 Reopening of the Veterans’ Park Tennis Courts
 Moon Festival at Kennedy Park
Councilmember Sakakihara reported on his attendance of the following:
 Housing Commission meeting
 Park and Recreation Commission meeting
 Joint Committee meeting with New Haven Unified School District (NHUSD) Councilmember Patino reported on his attendance of the following:
 East Bay Community Energy Board of Directors meeting
 League of California Cities Annual Conference
Mayor Dutra- Vernaci reported on her attendance of the following:
 Metropolitan Transportation Commission (MTC) meetings  Bay Area Infrastructure Financing Authority (BAIFA) meetings  Alameda County Transportation Commission (ACTC) meeting with Executive Director Tess Lengyel and Deputy Executive Director of Projects Gary Huisingh and ACTC subcommittee meetings
 Potential Revenue Measures Adhoc Subcommittee meeting

13. GOOD OF THE ORDER
Councilmember Wang reported on his attendance of the following:
 League of California Cities Annual Conference
 Union City Kabbadi Cup
 Reopening of the Veterans’ Park Tennis Courts
 Moon Festival at Kennedy Park
 District Policing Meeting
Councilmember Sakakihara reported on his attendance of the following:
 League of California Cities Annual Conference
 District Policing Meeting
Councilmember Sakakihara commended UCPD and staff for the new district policing model.

Vice Mayor Singh provided comment on an automated library book checkout model without staff after meeting Riverside County Library officials at the League of California City Council/RSA Agenda 14 Tuesday, October 24, 2023
Cities Annual Conference, and stated he will share ideas regarding city-run vs. countyrun libraries with City Manager Malloy.

Vice Mayor Singh commended City Manager Malloy and Police Chief Jared Rinetti for the removal of illegal barbecue vendors on Alvarado-Niles Road.

Councilmember Patino reported on his attendance of the following events:
 Latino Art Showcase at Studio 11
 City of San Leandro “Okdroberfest”
Councilmember Patino noted Our Lady of the Rosary (OLR) Church Annual International Festival will be held on October 7 – 8, 2023.

Mayor Dutra-Vernaci denounced the recent rise in racist and antisemitic public comments made by anonymous callers via Zoom during City Council meetings throughout the Bay Area, but acknowledged that they are allowed to speak due to the First Amendment. Mayor Dutra-Vernaci read an excerpt from material received during a recent visit to Mauthausen Concentration Camp Memorial in Austria, to warn against the dangers of antisemitic rhetoric.

Vice Mayor Singh provided comment regarding shortening the length of time allotted for public comment in response to the rise of racist and antisemitic public comments.

14. CLOSED SESSION – None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:42 p.m.

Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 15 Tuesday, October 24, 2023

MINUTES

CITY COUNCIL

SPECIAL MEETING
Tuesday, October 10, 2023
6:30 PM
City Council Conference Room
34009 Alvarado-Niles Road Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:30 p.m.

1.a Roll Call

Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci

Absent: None

2. ORAL COMMUNICATIONS - None

3. CITY MANAGER REPORTS

3.a. Discussion Regarding Public Comment Process
City Attorney Kristopher Kokotaylo gave an oral report on recent events in which neighboring jurisdictions and regional bodies have been subjected to racist and antisemitic rhetoric by anonymous callers during virtual public comments via Zoom.

City Attorney Kokotaylo recommended disabling virtual public comments via Zoom as a means of preventing disruptive behavior that may otherwise hinder the ability to conduct city business and maintain meeting decorum. He confirmed that removing the remote comment option would not violate the Brown Act or infringe on a person’s ability to provide public comment, as there are still opportunities to provide public comment in person and writing. Staff responded to questions from Council.

City Council/RSA Agenda 16 Tuesday, October 24, 2023
Council unanimously agreed to removing the remote public comment option beginning October 24, 2023. It was noted that members of the public will not have the ability to provide comment via Zoom except under limited circumstances when it is required pursuant to AB 2449.

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:55 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 17 Tuesday, October 24, 2023

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, October 10, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:05 p.m.

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the salute to the flag.

1.b. Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor DutraVernaci

Absent: None
Mayor Dutra-Vernaci read the conduct of business and with concurrence of the Council, Mayor Dutra-Vernaci changed the order of business. Items will be heard in the following order:

1. Oral Communications

2. Consent Calendar

3. Unfinished Business

4. Proclamations and Presentations

5. Public Hearings

6. City Manager Reports
City Council/RSA Agenda 18 Tuesday, October 24, 2023
Mayor Dutra-Vernaci requested that attendees via Zoom and in the Council Chambers let it be known if they wish to speak under Oral Communications. The Mayor stated she will not take additional speakers once Oral Communications has been closed.

2. UNFINISHED BUSINESS – None

3. ORAL COMMUNICATIONS

3.a Submitted Written Comment - Wallace (Attachment A)
Victor Lopez provided public comment via zoom.

The following individuals were present in the Council Chambers and provided public comments: Mario Garcia, Wendy Huang, and David Lo.

Mayor Dutra-Vernaci closed Oral Communications.

4. CONSENT CALENDAR
It was moved by Vice Mayor Singh and seconded by Councilmember Wang to approve Consent Calendar items 4.a. through 4.f. The motion was carried by a unanimous roll call vote.

4.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

4.b. Adopted Resolution No. 6209-23 Setting The 2024 Calendar Year City Council Meeting Schedule

4.c. Adopted Resolution No. 6210-23 Approving Amendments To The Classification And Compensation Plan To Revise The Salary Schedule In Conformance With California Code Of Regulations, Title 2, Section 570.5 And The Compensation And Benefit Plan For Unrepresented Employees Regarding Unrepresented Police Classifications

4.d. Adopted Resolution No. 6211-23 Authorizing The City Manager To Execute The Clipper BayPass Pilot Program Participation Agreement, In A Form Approved By The City Attorney

4.e. Adopted Resolution No. 6212-23 Authorizing The City Manager To Approve A Purchase Order, In The Amount Of $373,000, To Purchase, When Available, Five (5) Replacement Vehicles From National Auto Fleet Group Of Watsonville, And Appropriating $73,000 To The Garage Equipment Replacement Fund

4.f. Adopted Resolution No. 6213-23 Authorizing The Acceptance Of Office Of Traffic Safety (OTS) Selective Traffic Enforcement Program Grant Funds, In The Amount Of $120,000, For Fiscal Year 2023-2024, And Amending The Fiscal Year 2023-2024 OTS Fund Budget

5. PROCLAMATIONS AND PRESENTATIONS

5.a. Presentation On Cyber Security Awareness Month
City Council/RSA Agenda 19 Tuesday, October 24, 2023
Cybersecurity Manager Dwayne Thaele gave the presentation highlighting the reason for the awareness month, the City’s new cyber security page and the City’s cyber security accomplishments and requests.

6. PUBLIC HEARINGS – None

7. CITY MANAGER REPORTS

7.a. Introduction Of Ordinance Approving Zoning Text Amendment, AT-23-005, Amending Chapter 18.08, “Definitions”, Chapter 18.26, “Marketplace Mixed Use (MMU) District”, Chapter 18.35, “Corridor Mixed Use Commercial (CMU) District”, Chapter 18.36 “Commercial Districts” And Chapter 18.40 “Industrial Districts,” Of The Union City Municipal Code To Repeal The Prohibition Of Alcohol Sales At Self Service Stations Exempt From Environmental Review Pursuant To CEQA Guidelines Section 15061(B)(3)
City Attorney Kris Kokotaylo and Associate Planner Natalie Dean presented the staff report providing detail on proposed zoning text amendments that repeal the prohibition of beer and wine sales only, which would align the City’s Municipal Code with California law. Staff responded to questions from City Council. Councilmembers provided comment.

It was moved by Councilmember Patiño and seconded by Vice Mayor Singh, to introduce an Ordinance Approving Zoning Text Amendment, AT-23-005, Amending Chapter 18.08, “Definitions”, Chapter 18.26, “Marketplace Mixed Use (MMU) District”, Chapter 18.35, “Corridor Mixed Use Commercial (CMU) District”, Chapter 18.36 “Commercial Districts” And Chapter 18.40 “Industrial Districts,” Of The Union City Municipal Code To Repeal The Prohibition Of Alcohol Sales At Self Service Stations Exempt From Environmental Review Pursuant To CEQA Guidelines Section 15061(B)(3). The motion was carried by a unanimous roll call vote.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY – None

9. AUTHORITIES AND AGENCIES – None

10. CITY COMMISSION / COMMITTEE REPORTS – None

11. SCHEDULED ORAL COMMUNICATION – None

12. ITEMS REFERRED BY COUNCIL
Councilmember Wang reported on his attendance of a meeting of the Waste Management Authority.

Vice Mayor Singh reported on his attendance of the District 1 and 2 Policing meeting.

Councilmember Sakakihara reported on his attendance of the District 4 Policing meeting led by Lt. Shansab.

Councilmember Patiño reported on his attendance of the District 2 and 4 Policing meetings. Councilmember Patiño thanked Paul Roman of Public Works for his presentation for District 2.

Mayor Dutra-Vernaci reported on her attendance of the Metropolitan Transportation Committee meeting for the Bay Area Housing Finance Authority.

City Council/RSA Agenda 20 Tuesday, October 24, 2023

13. GOOD OF THE ORDER
Councilmember Patiño reported on his participation in the following activities:
 Walk and Roll events for both Searles and Guy Emanuelle Elementary Schools
 Coffee with Cops at Union Landing
 New Haven Schools Foundation Mutt Strut
 Filipino History Month celebration at Itliong-Vera Cruz Middle School Councilmember Patiño expressed his gratitude for the policing work done in relation to the tragic events at the Tropics Mobile Home Park.

Councilmember Sakakihara reported on his attendance of the following:
 virtual Alameda County Housing Collaborative Decision Maker Training  New Haven Schools Foundation Mutt Strut
 Filipino History Month celebration at Itliong-Vera Cruz Middle School Vice Mayor Singh reported on some lighting issues within the City and asked if there can be information posted on the website.

Councilmember Wang reported on his attendance of the following events:
 Coffee with Cops at Union Landing
 Filipino History Month celebration at Itliong-Vera Cruz Middle School Mayor Dutra-Vernaci reported on her attendance of the following:
 Walk and Roll Day at Alvarado Elementary.
 District Policing events throughout the community
 New Haven Schools Foundation Mutt Strut
 Filipino History Month celebration at Itliong-Vera Cruz Middle School In remembrance of the late Senator, Mayor Dutra-Vernaci shared a story about Senator Dianne Feinstein and her fondness of Union City.

14. CLOSED SESSION – None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:01 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 21 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JENNIFER PHAN, DEPUTY CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO CALRECYCLE FOR SB 1383 FUNDS FOR WHICH THE CITY

IS ELIGIBLE
Staff recommends that the City Council adopt a Resolution authorizing submittal of a grant application to CalRecycle for SB 1383 funding for which the City is eligible.

CalRecycle has recently solicited grant applications from California jurisdictions to assist with funding activities related to implementation of the Short-Lived Climate Pollutants Act of 2016 (SB 1383) regulations. A grant application to obtain the estimated allocation to Union City of $128,780 will be submitted by the November 15, 2023 deadline.

CalRecycle regulations requires the City Council to adopt a Resolution supporting the submittal of this grant application.

STRATEGIC PLAN ALIGNMENT
Strategic Plan Goal D: Strategy 12, Explore additional opportunities to exceed State Waste Reduction targets.

BACKGROUND
The Short-lived Climate Pollutants Act of 2016 (SB 1383) establishes methane reduction targets as part of a larger Statewide strategy to combat climate change and reduce greenhouse gas (GHG) emissions. The goal of SB 1383 is to reduce Short-lived Climate Pollutants (SLCPs), primarily methane emissions created by landfills, dairies, and livestock, as wellas organic waste.

The law establishes a mandated target to achieve a Statewide 75 percent reduction in disposal of organic waste and a 20 percent increase in edible food recovery for human consumption by 2025. The law requires jurisdictions to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.

The current CalRecycle SB 1383 grant expenditure criteria is broad in scope and the application deadline for the current grant funding cycle is November 15, 2023. The grant application to be submitted by the City allocates the grant City Council/RSA Agenda 22 Tuesday, October 24, 2023
current grant funding cycle is November 15, 2023. The grant application to be submitted by the City allocates the grant to primarily fund equipment and activities associated with providing Compost collection service to underserved Multifamily and Commercial accounts and to deploy compost at City facilities. The City is mandated to expand Compost service delivery to these underserved customers and to significantly increase its usage of compost at City facilities per the SB 1383 Regulations.

DISCUSSION
A Resolution approved by the City’s governing body is required for submittal of applications for grant funds made available by CalRecycle. The current CalRecycle SB 1383 grant funding is allocated across jurisdictions statewide based on a formula that uses population as a primary factor. The estimated amount allocated to Union City is $128,780. However, this amount is subject to change based on the number of jurisdictions that submit grant applications statewide. For example, the City was originally allocated $96,476 for the previous CalRecycle grant cycle, but was awarded $103,597 when the grant was approved.

To be eligible to receive CalRecycle grant funds, jurisdictions are required to submit an application by November 15, 2023 that includes an accompanying Resolution authorizing submittal of the grant application to CalRecycle.

The funds will primarily be used to supplement the City’s staff resources to expand Compost collection service to currently underserved customers including Non-parcelized Multi-family properties, Parcelized Multi-family properties, and Commercial accounts, by funding two (2) limited duration part-time interns to assist staff with the roll-out of Compost collection service to customers. In addition, the grant funds will be used to purchase equipment needed by the Public Works Department to deploy compost on City properties and to purchase compost for deployment at City facilities and the City’s Compost Hub (currently under development). Table 1 below provides a summary of the expenditures included in the grant application.

Table 1. CalRecycle SB 1383 Grant Application Expenditures Summary After CalRecycle awards the grant to Union City, staff will bring forward a Resolution seeking authorization to accept the grant and to appropriate the specific amount of grant funds awarded for the programs identified in the grant application.

FISCAL IMPACT
City Council/RSA Agenda 23 Tuesday, October 24, 2023

FISCAL IMPACT
Submittal of a grant application to CalRecycle seeking an estimated $128,780 or the CalRecycle recalculated amount for which the City is eligible to receive to fund programs to implement SB 1383 will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution authorizing submittal of a grant application to CalRecycle for SB 1383 grant funds for which the City is eligible.

Prepared by:

Cliff Feldman, Solid Waste & Recycling Program Manager
Submitted by:

Cliff Feldman, Solid Waste & Recycling Program Manager
ATTACHMENTS:

Description Type
Attachment 1 – Resolution Resolution
City Council/RSA Agenda 24 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING SUBMITTAL OF AN APPLICATION TO CALRECYCLE FOR SB 1383 GRANT FUNDS FOR WHICH THE CITY OF UNION CITY IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Union City does hereby authorize the submittal of applications to CalRecycle for SB 1383 grant funds for which the City of Union City is eligible.

NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Union City does hereby authorize the City Manager, or his/her designee, to execute in the name of the City of Union City all CalRecycle SB 1383 grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.

NOW THEREFORE, BE IT FURTHER RESOLVED, that these authorizations are effective for five years from the date of adoption.

City Council/RSA Agenda 25 Tuesday, October 24, 2023
Resolution No. XXXX-23

PASSED AND ADOPTED by the City Council of the City of Union City at a regular meeting duly held on the 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 26 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JARED RINETTI, POLICE CHIEF
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

ENTER INTO A SINGLE SOURCE, FIVE-YEAR SUBSCRIPTION
AGREEMENT WITHAXON ENTERPRISE, INC., IN THE AMOUNT OF
$121,703.20, FOR A DATA MANAGEMENT SYSTEM
Staff recommends that the City Council adopt a resolution authorizing the City Manager to enter into a single source, five-year subscription agreement with Axon Enterprise, Inc., in the amount of $121,703.20, for a data management system.

STRATEGIC PLAN ALIGNMENT
Goal C.: Institute forward-thinking, business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 13: Align public safety services with community needs based on a data driven decision-making approach (i.e., emergency medical services, restoration of terminated police programs, etc.)

BACKGROUND
The Police Department has employed small Unmanned Aerial Systems (UAS) to aid in safely resolving a variety of incidents. The ability to observe locations from an elevated and/or distant position provides officers time to plan, deescalate tense situations, and identify dangerous conditions. However, the Police Department does not have a way to easily share the video footage from the UAS to officers, supervisors, and other key employees. Currently, the UAS operator must view the footage and communicate what is seen or use a hard-wired connection to a screen at a command post. Each of these options degrades the ability to rapidly disseminate critical and time-sensitive information for officers engaged in resolving dangerous incidents.

During the past budget cycle, the Police Department planned for the need to acquire a data management City Council/RSA Agenda 27 Tuesday, October 24, 2023
system to support the UAS.

DISCUSSION
The Police Department researched and tested various options to share video footage from UAS cameras.

Among the systems evaluated was Axon Air from Axon Enterprises, Inc. In addition to providing a conduit to securely share video, Axon Air can integrate seamlessly with our evidence management system, which is also an Axon product, and allows automatic download and storage of video evidence from UAS operations.

In addition to the video functions provided by Axon Air, the system provides a complete management platform for UAS operations. Flight logs, hardware maintenance records, and pilot records are automated, maintained, and tracked in the system. Axon Air can also help with flight planning and communicating required information to the Federal Aviation Administration to aid compliance with regulations and providing timely notice to other aircraft in the NationalAirspace System.

No other system could provide all the functionality provided by Axon Air. Axon Air also provided the most reliable video through a secure system, which is accessible for those who are provided access. In summary, Axon Air was the best option to reliably stream video and provides several features that can increase the effectiveness and efficiency of UAS operations.

FISCAL IMPACT
The total cost of the Axon five-year subscription agreement is $121,703.20, which consists of annual payments in the amount of $23,840.64 each. There is an additional cost of $2,500.00 in the first year for training in the use of the system. Funding for Axon Air has been included in the approved Biennial Budget for FiscalYear 2023-2024 and FiscalYear 2024-2025 in Account Number 1110-1701-17001-54111.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to enter into a single source, five-year subscription agreement with Axon Enterprise, Inc., in the total amount of $121,703.20, for a data management system.

Prepared by:

Michael L. Mahaney, Lieutenant
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
City Council/RSA Agenda 28 Tuesday, October 24, 2023
Resolution -Axon Enterprises, Inc. Resolution
Exhibit A - Axon AIRScope of Services Exhibit
Exhibit A -Axon AIRSubscription Exhibit
City Council/RSA Agenda 29 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING

THE CITY MANAGER TO ENTER INTO A SINGLE SOURCE, FIVE-YEAR SUBSCRIPTION AGREEMENT WITH AXON ENTERPRISE, INC., IN A TOTAL AMOUNT OF $121,703.20, PAID ANNUALLY, FOR A DATA MANAGEMENT SYSTEM, AND

APPROVING BUDGET APPROPRIATIONS FOR THE AGREEMENT
WHEREAS, Goal C of the City of Union City’s Strategic plan is to “Institute forwardthinking, business, land use development, housing, social services, and public safety strategies that promote community growth and innovation”; and
WHEREAS, Strategy 13, under Goal C, of the City of Union is to “Align public safety services with community needs based on a data driven decision-making approach (i.e., emergency medical services, restoration of terminated police programs, etc.)”; and WHEREAS, the use of Unmanned Aerial Systems (UAS) provides an ability to gather critical information, while reducing risks, so that officers can resolve incidents based on increased understanding of the dynamics, terrain, and dangers; and WHEREAS, by acquiring Axon Air UAS data management system, the Police Department will gain the ability to share video footage with employees to increase their ability to rapidly understand dangerous incidents and make decisions better informed by real-time information; and
WHEREAS, Axon Air provides several additional benefits that will reduce workload and increase efficiency.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to enter into a single source, five-year subscription agreement with Axon Enterprises, Inc. for Axon Air UAS data management system, as identified in Exhibit A; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the commitment of a total of $121,703.20, with annual payments, from Account Number 1110- 1701-17001-54111, to be included in the biennial operating budget.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

City Council/RSA Agenda 30 Tuesday, October 24, 2023
Resolution No. XXXX-23

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 31 Tuesday, October 24, 2023

9/6/2023
To: Union City Police Department - CA
Re: Sole Source Letter for Axon Enterprise, Inc.’s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions1 and DJI & Skydio drones A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only available by Axon Enterprise’s Axon Air application and DJI & Skydio drones, and are only available for purchase through the authorized distributor listed below.

Axon Digital Evidence Solution Description
Axon Air System
 Purpose-built solution for law enforcement UAV programs  Supported applications on iOS and Android
 Automated tracking of pilot, aircraft, and flight logs  Unlimited Storage of UAV data in Axon Evidence (Evidence.com)  In application ingestion of data in Axon Evidence (Evidence.com)  Axon Aware integration for live streaming and situational awareness  Compatible with most drones used in public safety
 High-bandwidth wireless data transfer
 Live streaming with the Axon View application
 Axon takes control of the streaming information after it starts  Criminal Justice Information Services (CJIS) data compliance  Axon Air live stream is viewed through the Axon Respond operations platform  Axon Air is the only application for viewing streaming with Axon Respond  Any smart device can be used to view live streaming via the Axon Evidence ecosystem
Axon Evidence Data Management System
 Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed  SaaS model reduces security and administration by local IT staff: no local installation required
 Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
 Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control  Controlled access to evidence based on pre-defined roles and permissions and predefined individuals  Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
 Automated category-based evidence retention policies assists with efficient database management

1 Axon is also the sole developer and offeror of the Evidence.com data management services.

Evidence.com is both a division of Axon and a data management product solution offered by Axon.

Evidence.com is not a separate corporate entity.

City Council/RSA Agenda 32 Tuesday, October 24, 2023

 Ability to recover deleted evidence within seven days of deletion  Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc.  Requires NO proprietary file formats
 Ability to upload files directly from the computer to Axon Evidence via an Internet browser
 Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage
 Security Testing: Independent security firms perform in-depth security and penetration testing
 Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States  Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff  Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure  Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability  Application and data protected by a CJIS and ISO 27001 compliant information security program
 Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities  Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files

SOLE AUTHORIZED DISTRIBUTOR FOR

AXON BRAND PRODUCTS

SOLE AUTHORIZED REPAIR FACILITY

FOR AXON BRAND PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.

Sincerely,
Josh Isner
Chief Revenue Officer
Axon Enterprise, Inc.

Android is a trademark of Google, Inc., DJI is a trademark of DJI, Skydio is a trademark of Skydio, Inc., iOS is a trademark of Cisco, and ISO is a trademark of the International Organization for Standardization and. , AXON, Axon, Axon Air, and Axon Evidence are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2022 Axon Enterprise, Inc.

City Council/RSA Agenda 33 Tuesday, October 24, 2023

Q-499966-45175.372TS
Issued: 09/06/2023
Quote Expiration: 09/30/2023
Estimated Contract Start Date: 10/01/2023
Account Number: 112513
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
34009 Alvarado Niles Rd
34009 Alvarado Niles Rd
Union City,
CA
94587-4452
USA
Union City Police Department - CA
34009 Alvarado Niles Rd
Union City
CA
94587-4452
USA
Email: [email protected]
Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Manuel Leon
Phone: 510-471-1365
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $0.00 TOTAL COST $121,703.20
ESTIMATED TOTAL W/ TAX $121,703.20 TOTAL SAVINGS $0.00
Payment Summary
Date Subtotal Tax Total
Oct 2023 $26,340.64 $0.00 $26,340.64
Oct 2024 $23,840.64 $0.00 $23,840.64
Oct 2025 $23,840.64 $0.00 $23,840.64
Oct 2026 $23,840.64 $0.00 $23,840.64
Oct 2027 $23,840.64 $0.00 $23,840.64
Total $121,703.20 $0.00 $121,703.20
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
City Council/RSA Agenda 34 Tuesday, October 24, 2023

Quote Unbundled Price: $121,703.20
Quote List Price: $121,703.20
Quote Subtotal: $121,703.20
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 7 60 $183.34 $183.34 $183.34 $77,002.80 $0.00 $77,002.80 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 60 $116.67 $116.67 $116.67 $14,000.40 $0.00 $14,000.40 A la Carte Software
12024 AXON AIR, MOBILE STREAMING LICENSE 1 60 $200.00 $200.00 $12,000.00 $0.00 $12,000.00 100112 AXON AIR, E.COM PILOT DATA LIC 9 60 $30.00 $30.00 $16,200.00 $0.00 $16,200.00 A la Carte Services
12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $2,500.00 $2,500.00 $2,500.00 $0.00 $2,500.00 Total $121,703.20 $0.00 $121,703.20
City Council/RSA Agenda 35 Tuesday, October 24, 2023

Firearms and Ammunition Excise Tax
Item Description Taxable Amount FAET Rate FAET Amount
Total 0
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS 1 UAS BUNDLE 100579 AXON AIR, UAS LICENSE (CLASS 1) 7 10/01/2023 09/30/2028 AXON AIR, CLASS 1 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 7 10/01/2023 09/30/2028 AXON AIR, CLASS 1 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 7 10/01/2023 09/30/2028 AXON AIR, CLASS M UAS BUNDLE 100582 AXON AIR, UAS LICENSE (CLASS M) 2 10/01/2023 09/30/2028 AXON AIR, CLASS M UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 2 10/01/2023 09/30/2028 AXON AIR, CLASS M UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 2 10/01/2023 09/30/2028 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 9 10/01/2023 09/30/2028 A la Carte 12024 AXON AIR, MOBILE STREAMING LICENSE 1 10/01/2023 09/30/2028 Services
Bundle Item Description QTY
A la Carte 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 City Council/RSA Agenda 36 Tuesday, October 24, 2023

Payment Details
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Training 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $2,500.00 $0.00 $2,500.00 Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 9 $3,240.00 $0.00 $3,240.00 Year 1 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,400.00 $0.00 $2,400.00 Year 1 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 7 $15,400.56 $0.00 $15,400.56 Year 1 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Total $26,340.64 $0.00 $26,340.64
Oct 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 9 $3,240.00 $0.00 $3,240.00 Year 2 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,400.00 $0.00 $2,400.00 Year 2 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 7 $15,400.56 $0.00 $15,400.56 Year 2 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Total $23,840.64 $0.00 $23,840.64
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 9 $3,240.00 $0.00 $3,240.00 Year 3 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,400.00 $0.00 $2,400.00 Year 3 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 7 $15,400.56 $0.00 $15,400.56 Year 3 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Total $23,840.64 $0.00 $23,840.64
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 9 $3,240.00 $0.00 $3,240.00 Year 4 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,400.00 $0.00 $2,400.00 Year 4 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 7 $15,400.56 $0.00 $15,400.56 Year 4 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Total $23,840.64 $0.00 $23,840.64
Oct 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 9 $3,240.00 $0.00 $3,240.00 Year 5 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,400.00 $0.00 $2,400.00 Year 5 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 7 $15,400.56 $0.00 $15,400.56 Year 5 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Total $23,840.64 $0.00 $23,840.64
City Council/RSA Agenda 37 Tuesday, October 24, 2023

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

City Council/RSA Agenda 38 Tuesday, October 24, 2023

\s1\ \d1\
Signature Date Signed
9/6/2023
City Council/RSA Agenda 39 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE UNION CITY TRANSIT ZEROEMISSION BUS FLEET ROLL-OUT PLAN (ROP) IN COMPLIANCE WITH

THE CALIFORNIA AIR RESOURCES BOARD (CARB) INNOVATIVE

CLEAN TRANSIT REGULATION
Staff recommends that the City Council adopt a resolution approving the Union City Transit Zero-Emission Bus Fleet Roll-Out Plan (ROP) in compliance with the California Air Resources Board (CARB) Innovative Clean Transportation regulation.

STRATEGIC PLAN ALIGNMENT
Goal D - Strategy 8: Convert the UC Transit fleet to electric.

BACKGROUND
As of December 14, 2018, the CARB implemented the Innovative Clean Transit regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies. The Innovative Clean Transit regulation requires transit agencies to begin purchasing zero-emission buses as soon as 2023, with the goal of gradually transitioning all transit buses in the state of California to zero-emission buses by 2040.

The regulation requires the City to do the following:

Individual Zero-Emission Bus Fleet Rollout Plans: The regulation requires transit agencies to develop and submit a Zero-Emission Bus Fleet Rollout Plan by July 1, 2020, for large transit agencies and by July 1, 2023, for small transit agencies.

Zero-Emission Bus Purchase Mandate: The regulation requires transit agencies to acquire a minimum number of zero-emission buses at the time of new bus purchases, based on the following schedule for small transit agencies, such as Union City Transit:

City Council/RSA Agenda 40 Tuesday, October 24, 2023
2023: No vehicles required
2026: 25 percent of fixed-route fleet required
2029 and after: 100 percent of fixed-route fleet required The regulation will not require the purchase of zero-emission articulated or cutaway buses or over-the-road coaches untilat least 2026. Additionally, transit agencies seeking state incentive funding, such as the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, will only be available to zero-emission buses purchased before, or in excess of, the requirements established by the Innovative Clean Transit regulation.

DISCUSSION
On February 25, 2020, the City Council approved Resolution No. 5568-20, committing to the procurement of zero-emission Union City Transit fixed-route vehicles.

On January 10, 2023, the City Councilapproved Resolution No. 6067-23, awarding a contract to Gillig for the purchase of fourteen (14) battery-electric fixed-route buses after the Federal Transit Administration (FTA) awarded Union City Transit a FiscalYear 2022 Low or No Emission Vehicle Grant (Low-No).

As part of the Low-No grant process, Union City Transit was assisted by the Center for Transportation and the Environment to develop a Zero-Emission Fleet Transition Plan that complied with the FTA requirements.

The FTA Zero-Emission Fleet Transition Plan provided the framework for the CARB Zero-Emission Bus Fleet ROP that Union City Transit has now developed. The FTA Plan is attached as Attachment 1 as reference.

Staff will submit the CARB Zero-Emission Bus Fleet ROP once the City Council approves the Plan (see Exhibit A). The ROP is expected to be a living document that will be updated periodically depending on, but not limited to: service planning, ridership, vehicle technology, and/or funding opportunities.

A Zero-Emission Bus Fleet ROP is a requirement of the CARB Innovative Clean Transit regulation for all large and small transit operators as they transition to from diesel, compressed natural gas (CNG), propane, or gasoline to fuel their transit vehicle fleets. A CARB ROP has nine (9) required categories identifying:

The transit agency;
When the transit agency expects to complete its transition to zero-emission; the technology selected to achieve the transition;
The status of the current fleet;
The fleet on order, and future fleets;
The types of facilities to house and fuel the zero-emission fleets; The general impact the transition will have on disadvantaged communities; Identify how the existing and future workforce will learn about the technology; Identify how the transit agency has funded existing zero-emission vehicles and how it plans to fund future vehicles; and
What challenges have already been experienced or are expected in the path to implementing zeroemission vehicles.

FISCAL IMPACT
There will be no impact to Union City Transit funding.

There will be no impact on the General Fund.

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RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Union City Transit Zero-Emission Bus Fleet ROP in compliance with the CARB Innovative Clean Transit regulation.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - UCTransit FTA Zero-Emission Fleet Transition Plan Attachment Resolution Resolution
Exhibit A - UCTransit CARBZero-Emission Bus Fleet ROP Exhibit City Council/RSA Agenda 42 Tuesday, October 24, 2023
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Union City Transit:

FTA Zero-Emission Fleet Transition Plan
Table of Contents
INTRODUCTION............................................................................................................................................................................2 ELEMENT 1: FLEET ASSESSMENT .........................................................................................................................................2 FLEET ASSESSMENT OVERVIEW .......................................................................................................................................................................2 KEY RESULTS ........................................................................................................................................................................................................4 COST ASSUMPTIONS ............................................................................................................................................................................................5 CONCLUSION.........................................................................................................................................................................................................6 ELEMENT 2: FUNDING NEEDS ASSESSMENT......................................................................................................................6 FUNDING ASSESSMENT OVERVIEW..................................................................................................................................................................6 UNION CITY TRANSIT FUNDING NEEDS ..........................................................................................................................................................7 AVAILABLE FUNDING RESOURCES & RESULTING FUNDING SHORTFALLS ...............................................................................................7 ELEMENT 3: POLICY ASSESSMENT........................................................................................................................................8 POLICY ASSESSMENT OVERVIEW......................................................................................................................................................................8 ALIGNMENT WITH FEDERAL PRIORITIES AND POLICIES..............................................................................................................................8 CALIFORNIA POLICIES & GOALS .......................................................................................................................................................................9 SUPPORT FOR LOCAL POLICY GOALS ...............................................................................................................................................................9 ELEMENT 4: FACILITIES ASSESSMENT..............................................................................................................................10 FACILITIES ASSESSMENT PROJECTS ..............................................................................................................................................................10 UNION CITY TRANSIT’S CURRENT FACILITIES............................................................................................................................................10 BATTERY ELECTRIC BUS FACILITIES ASSESSMENT OVERVIEW ..............................................................................................................10 Battery Electric Bus Infrastructure Cost Summary .................................................................................................................11 ELEMENT 5: PARTNERSHIP ASSESSMENT ......................................................................................................................13 Battery Electric Bus Partnership .....................................................................................................................................................13 ELEMENT 6: WORKFORCE ANALYSIS................................................................................................................................14 WORKFORCE ANALYSIS OVERVIEW ..............................................................................................................................................................14 COMPLETED TRAININGS ..................................................................................................................................................................................15 IDENTIFIED TRAINING NEEDS ........................................................................................................................................................................15 RESOURCES AND STRATEGIES TO MEET IDENTIFIED NEEDS...................................................................................................................17 WORKFORCE DEVELOPMENT TIMELINE......................................................................................................................................................17 City Council/RSA Agenda 43 Tuesday, October 24, 2023
Union City Transit 2
Introduction
Union City Transit developed this Zero-Emission Fleet Transition Plan to meet the requirements of 49 U.S.C. 5339(c)(3)(D) for applicants to the FY2022 Low or No Emission Grant Program (Low-No) and the Grants for Buses and Bus Facilities Competitive Program (B&BF). This fleet transition plan was developed specifically for this application and includes reference to the project(s) requesting FY22 funding.

The plan is divided into six sections, addressing each of the following elements outlined by Federal Transit Administration (FTA):

1. Fleet Assessment: Demonstrate a long-term fleet management plan with a strategy for how the applicant intends to use the current request for resources and future acquisitions.

2. Funding Needs Assessment: Address the availability of current and future resources to meet costs for the transition and implementation.

3. Policy Assessment: Consider policy and legislation impacting relevant technologies.

4. Facilities Assessment: Include an evaluation of existing and future facilities and their relationship to the technology transition.

5. Partnership Assessment: Describe the partnership of the applicant with the utility or alternative fuel provider.

6. Workforce Analysis: Examine the impact of the transition on the applicant's current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero-emission vehicles and related infrastructure and avoid displacement of the existing workforce.

Element 1: Fleet Assessment
Fleet Assessment Overview
The Fleet Assessment determines a projected timeline for replacing existing buses with zeroemission buses (ZEB) that stays consistent with Union City Transit’s current fleet replacement plan.

This assessment also includes a projection of vehicle capital costs over the transition timeline.

City of Union City – Union City Transit adopted the alternative fuel path in 2000 with the California Air Resources Board (CARB). As part of this adoption, Union City Transit chose to transition to compressed natural gas (CNG) with an initial implementation deadline of December 31, 2012.

Union City Transit met this deadline. Union City Paratransit was fully transitioned to CNG in 2009 only to later find out that gasoline was considered a clean fuel several years later.

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Union City Transit is budgeted for eighteen (18) fixed-route buses with a peak pull of up to fourteen (14) buses prior to the Covid-19 pandemic; all eighteen (18) are/were low-floor CNG vehicles ranging in model years from 2008, 2010, 2012, and 2016. Union City Paratransit is budgeted for seven (7) vehicles with a peak pull of six (6) vehicles prior to the pandemic, but the vehicle fleet is actually budgeted for eleven (11) with four (4) vehicles used in a program Union City participates in only administered by the neighboring City of Fremont; the vehicles are a mix of seven (7) gasoline and four (4) electric unibody and cutaway vans ranging in model years 2019, 2020, 2021, and 2022 with two (2) of the aforementioned four (4) electric vehicles planned for delivery later in 2022. Union City Fleet (microtransit) is currently budgeted for three (3) vehicles with two (2) in current peak service; all three (3) vehicles are gasoline unibody vans from model year 2021.

The remaining four (4) CNG fixed-route buses due for replacement in 2016 may not get replaced by buses and may instead require smaller microtransit vehicles to replace them.

The first step in the Fleet Assessment is determining the schedule for replacing Union City Transit’s current fleet with ZEBs. For the purpose of the FY22 Low-No and Buses and Bus Facilities applications and based on Union City Transit’s goals and current fleet replacement plan, Union City Transit developed the following Annual ZEB Purchase Schedule presented below in Table 1.

Table 1: Annual ZEB Purchase Schedule
In this schedule, a vehicle is replaced with a Battery Electric Vehicle if the replacement vehicle has come to the end of its scheduled useful life. This assessment assumes that the fleet will remain the same size throughout the period of transition to a zero-emission fleet.

Year 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Number of Buses
Scheduled to
Enter Service
1 10 6 0 2 8 0 5 2 6 0 0 5 16 7 0 2 6 0
Number of ZEBs
Scheduled to
Enter Service
1 10 6 0 2 8 0 5 2 6 0 0 5 16 7 0 2 6 0
ZEB Percentage of
New Buses
100% 100% 100% 0% 100% 100% 0% 100% 100% 100% 0% 0% 100% 100% 100% 0% 100% 100% 0% City Council/RSA Agenda 45 Tuesday, October 24, 2023
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Based on the Annual ZEB Purchase Schedule, Union City Transit will procure the agency’s first ZEBs in 2022, purchase ten (10) ZEBs in 2023 (eight [8] 35’ transit buses and two [2] paratransit vehicles), six (6) in 2024, and fifteen (15) in 2025-2029 to complete the transition to zeroemissions before 2030. Union City Transit’s FY22 Low-No and Buses and Bus Facilities projects are reflected in the 2023 and 2024 procurement years.

Key Results
Figure 1 shows Union City Transit’s projected purchases by year including the number and type of bus propulsion through 2040. The proposed 14 battery electric buses as part of FY22 Low-No and Buses and Bus Facilities project(s) are reflected in Figure 1, with Union City Transit procuring eight (8) in 2023 and six (6) in 2024. Note that two (2) electric paratransit vehicles are shown as 2023 procurements and are already funded separately from the FY2022 Low-No request. By following the vehicle procurement cycles for each of Union City Transit’s 32 vehicles and only purchasing ZEBs from 2022 on, Union City Transit plans to reach a full fleet of 100% ZEBs by 2029 when the last fossil fueled vehicle is replaced.

Figure 2 depicts Union City Transit’s proposed annual fleet composition through 2040 as it phases out previous vehicle propulsion technologies for ZEBs. By 2029, the agency’s fleet reaches 100% ZEBs.

Figure 1: Projected Bus Purchases
1 10
6 2
8 5
2 6
5 16
7 2
6 0
2 4
6 8
10 12
14 16
18 20220232024202520262027202820292030203120322032034203520362037203820392040 Number of Buses Purchased
Year
Annual Bus Purchases
Hydrogen
Electric Gas CNG
Diesel
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Figure 2: Annual Fleet Composition
Cost Assumptions
Key assumptions for vehicle costs for the Zero-Emission Fleet Transition Plan are as follows:
• Vehicle costs are based on the agency’s most recent procurement price for standard vehicle propulsion technologies and industry averages for zero-emission technologies; • Vehicle costs are inclusive of estimates for configurable options and taxes; • Vehicle cost includes estimate for extended battery warranty, allowing for a mid-life battery replacement;
• Vehicle costs do not include inflation.

Figure 3 shows the annual capital costs for vehicles purchased in a given year through 2040. The projected transition to ZEBs is completed with the 2029 replacements so data through 2040 shows replacements of some ZEBs with new ZEBs. The estimated total cost for vehicles over the designated transition period is $25.6M through 2029 when the fleet reaches 100% ZEBs. The total cost through 2040, which includes some replacements of ZEBs, is $51.1M. Costs are incurred from the annual ZEB purchases laid out in the fleet replacement plan. 20 10
4 4 4 4 4
10 10
10 10
8 2
12 18 18
20 28 28
32 32 32 32 32 32 32 32 32 32 32 32
0 5
10 15
20 25
30 35
202202320242025
202620272028202920302031203220320342035203620372038
20392040
Number of Buses In Fleet
Year
Fleet Composition
Hydrogen
Electric Gas CNG
Diesel
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Figure 3 – Annual Capital Costs
Conclusion
Union City Transit is expected to complete transitioning to a zero-emission fleet by 2029. The expected total capital cost of vehicles for the transition to a ZEB fleet is estimated at $25.6M (the cost of replacements through 2029).

Element 2: Funding Needs Assessment
Funding Assessment Overview
Union City Transit allocates funds based on an established procurement timeline determined by the useful life of its buses. Transitioning to a zero-emission bus fleet increases overall fleet costs because of the incremental cost of zero-emission buses, the installation of new infrastructure, and required modifications to maintenance facilities. The current market cost of zero-emission buses is between $750,000 and $1,200,000, which is approximately $250,000 to $700,000 more expensive than diesel buses. Additionally, the necessary infrastructure to support these zero-emission buses adds to the financial burden of transitioning to a zero-emission fleet.

For the purposes of the Zero-Emission Fleet Transition Plan, vehicle costs and infrastructure costs are assessed individually in the Fleet and Facilities Assessments. The results of those cost assessments are compiled here as total costs and then compared to Union City Transit’s budget to better understand funding gaps and needs.

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Union City Transit Funding Needs
Over the course of the eight-year transition period, Union City Transit plans to deploy thirty-two (32) Battery Electric Buses, consisting of eighteen (18) full size transit buses and fourteen (14) paratransit cutaway or unibody style vehicle. Through 2022, there are already three (3) paratransit vehicles funded without charging infrastructure; these vehicles share other public charging stations not dedicated to transit fleet use.

To meet the goal of a zero-emission vehicle transition by 2029 and move toward a successful deployment of zero-emission buses, Union City Transit projects will require $25.6M in capital costs for BEBs and $4.1M for charging infrastructure, totaling procurement expenditures of $29.7M. This cost estimate includes the necessary costs for the transition, as determined via the cost analyses completed for the Fleet and Facilities Assessments.

Available Funding Resources & Resulting Funding Shortfalls Based on the funding needs identified above and an assessment of Union City Transit’s current projections, Union City Transit has identified resources that can cover this funding gap. Six different local, state, and federal programs are being pursued to fund for zero-emission vehicle transition procurements:
• Secured California State Low Carbon Transit Operations Program (LCTOP) funding as part of annual regional allocation from the Metropolitan Planning Organization (MPO), locally Metropolitan Transportation Commission (MTC); annual allocations fluctuate between $95K and $160K and have four years of roll over. Funds have been requested for EV vans and EV charging infrastructure.
• Semi-secured discretionary regional funds from the Alameda County Transportation Commission (ACTC) through the Transportation for Clean Air Fund (TFCA) and Vehicle Registration Fees (VRF) in an amount not to exceed $1.5 Million for EV charging infrastructure.
• Secured FTA 5307 funds for two (2) EV paratransit vans and the majority of eight (8) EV buses in an amount around $5.1 Million. Would like to defer funds to pay for buses in 2024. • Semi-secured State Bridge Toll Revenues (AB664) as local match for FTA funds in an amount around $343K.
• Semi-secured Regional Funds from Regional Transportation Plan/Long Range Plan (RTPLRP) as local match for FTA funds in the amount of $2.8 Million, programmed for 2025. • Secured local funds through Transportation Development Act (TDA) capital funds with a reserve balance in excess of $10 Million for combined operations and capital needs.

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Beyond traditional formula funding and the other programs outlined above, Union City Transit will need additional funding for future onsite energy generation and storage to supplement demand as fleet grows. Union City Transit is prepared to pursue funding opportunities at the federal, state, and local levels, as necessary and as available.

Element 3: Policy Assessment
Policy Assessment Overview
Policies and regulations supporting the transition to zero-emission are proliferating as the efforts to decarbonize the transportation sector expand. Union City Transit is monitoring the implementation of relevant policies and legislation. While relevant funding programs are considered in the Funding Needs Assessment above, policies and regulations that direct aspects of zero-emission transit deployments beyond funding are considered in this section. Union City Transit will thoroughly assess all relevant policies and legislation throughout the fleet transition.

Alignment with Federal Priorities and Policies
With the passage of the Bipartisan Infrastructure Law and Executive Order 14008: Tackling the Climate Crisis at Home and Abroad, the federal government has set a renewed focus on zeroemission transit. Union City Transit’s goal to deploy a fully zero-emission vehicle transit fleet by 2029 supports the federal administration priorities of safety, modernization, climate, and equity for public transportation. Union City Transit’s primary intent is to use any federal discretionary funding through the FTA to assist with modernizing its fleet with new features and functions to improve maintenance, drivability, and the customer experience. Union City Transit’s secondary intent is to use any federal discretionary funding through the FTA to assist with meeting local and state climate goals to reduced localized and regional emissions for the health and comfort of the residents of Union City and the customers of Union City Transit. Union City Transit has always prioritized ensuring safety within the service for the workers and customers while also ensuring that the service is available to as many residents as possible City Council/RSA Agenda 50 Tuesday, October 24, 2023
Union City Transit 9
California Policies & Goals
Union City Transit is subject to the California Air Resources Board (CARB) Innovative Clean Transit (ICT) Regulation, but has a deferred implementation because it is a small fleet. Union City Transit has been pursuing fleet electrification since 2018 to take advantage of available funding opportunities with minimal success.

Electric transit vehicle procurements have been hampered by a lack of consistent cost for the vehicle and technology. In the region’s Transit Capital Priorities (TCP) Program, EV and Hydrogen bus prices along with their infrastructure costs have been absent from the program until recently after some operators in the region were successful in getting early grant funding to convert. This has made acquiring FTA funding in sufficient amounts challenging because an entity can only request up to the most expensive vehicle in the program (for Union City that was a diesel hybrid bus).

CARB recently announced an accelerated plan to transition to zero-emission vehicles (ZEV) by making it a requirement that 35% of all new vehicles sold in 2026 need to be ZEVs. There is also a goal set by the Governor of California to switch municipal fleets to ZEVs by 2030 or 2035.

Support for Local Policy Goals
The City of Union City included Union City Transit in its 2010 Climate Action Plan as a way to reduce localized greenhouse gas emissions. At the time, the suggestion was to convert to diesel-hybrid buses when the service was already operating compressed natural gas (CNG). This policy was revisited in 2020 when City of Union City included Union City Transit fleet electrification as one of its strategic goals in the 2020 Strategic Plan. Including the transit fleet in the 2020 plan reaffirmed this with a resolution of commitment to electrifying Union City Transit. The City of Union City prefers not to work with volatile fuels like Hydrogen due to an incident with an Air Liquide facility several years ago; the City supports Battery Electric Buses as an alternative.

The City of Union City is located in Alameda County, CA; the Environmental Protection Agency (USEPA) considers Alameda County a non-attainment area.

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Element 4: Facilities Assessment
Facilities Assessment Projects
The following section introduces the timeline and cost estimates for the infrastructure associated with Union City Transit’s transition to battery electric buses.

Union City Transit’s Current Facilities
Union City Transit currently parks, fuels, and washes its vehicles at the Union City Public Works Maintenance Facility (Corporation Yard) where dedicated reinforced concrete bus pads were installed to accommodate the weight of the fixed-route buses. The Corporation Yard has onsite capabilities to fuel the current compressed natural gas (CNG) fleet. Because the bus pads are already reinforced for the fleet of eighteen (18) buses, the bus stalls are expected to be restriped to accommodate chargers in between every other bus to reuse the existing infrastructure effectively.

There are no current plans to build new facilities for Union City Transit; instead, existing facilities will be upgraded to support the ZEB fleet transition.

Battery Electric Bus Facilities Assessment Overview
Scaling to a fleetwide battery electric bus deployment requires substantial infrastructure upgrades and a significantly different approach to charging compared to smaller deployments. With initial deployments, charging requirements are met relatively easily with a limited number of plug-in pedestal chargers and minimal infrastructure investment.

Full fleet deployments of battery electric buses, however, require installation of a significant number of charging stations and improvements to existing electrical infrastructure. These improvements may include upgrades to switchgear or service connections. Planning and design work, including development of detailed electrical and construction drawings required for permitting, is also necessary once specific charging equipment has been selected.

To determine the installation timeline and costs for charging equipment, this assessment breaks the infrastructure scope of work into three key project types: planning, power upgrades, and charging equipment (charger and dispensers) installation. Estimated costs associated with each project type are included in Table 2.

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Table 2: Battery Electric Bus Infrastructure Project Cost Assumptions Project Estimate
Metrics
Cost Estimate Source
Infrastructure
Planning
Infrastructure
Design and
Planning
$200k per project Engineer’s estimate
Power Upgrade
Projects
Design,
Construction, &
Equipment
Variable ($200k-$400k)
per project dependent on
capacity added
Engineer’s estimate, includes
20% contingency
Charging
Installation
Projects
Charging
Equipment &
Installation
$132k per 150 kW charger
$12k per dispenser
Quotes and estimates,
includes 20% contingency
Key assumptions applied in the agency’s Facilities Assessment are as follows:
• One plug-in dispenser per bus;
• Two buses per 150 kW charger;
• Two charge windows, i.e., no more than half the buses charge at any given moment; • Incremental power requirements are met over time. Power upgrades are consolidated to occur in selected years, in accordance with the required demand; and • Dispenser capacity to serve up to 80% of the fleet at a time; no movement of buses overnight.

Battery Electric Bus Infrastructure Cost Summary
Figure 4 summarizes all costs for charging infrastructure for Union City Transit’s transition to a battery electric bus fleet. The estimated total infrastructure costs are approximately $4.1M. This total cost includes power upgrade projects, charger and dispenser installations, planning projects, design-engineering costs, and a 20% contingency on all costs.

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Figure 4: Depot Only Annual Costs, Infrastructure
The total number of each infrastructure type included in this cost analysis is included in Table 3.

Table 3: Infrastructure Summary
Infrastructure Element Total Quantity Required (2022 – <FINAL PROCURMENT YEAR>)
Planning and Design 1
Chargers 16
Dispensers 32
Added Service Capacity 3000kW
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Element 5: Partnership Assessment
Battery Electric Bus Partnership
Establishing and maintaining a partnership with the local electric utility is critical to successfully deploying zero-emission vehicles and maintaining operations. With the addition of battery electric buses to a fleet, a transit agency may likely become a utility’s largest customer with added implications for grid-side infrastructure and agency operational costs. Early coordination and discussions can avoid costly delays and misaligned operational strategies while also revealing opportunities for lower operational costs and smart investments. Fortunately, electric utilities are beginning to develop electric vehicle rates and streamlined processes for charging infrastructure interconnections that can support successful zero-emission fleet deployments.

Union City Transit is aware that taking advantage of these benefits and ensuring a successful battery electric bus deployment requires close, ongoing coordination with the electric utility provider, Pacific Gas and Electric (PG&E). Union City Transit’s discussion of short- and long-term fleet goals with PG&E ensures that PG&E can properly plan grid-side electrical infrastructure upgrades and that Union City Transit can adequately upgrade behind-the-meter equipment to support battery electric buses. Once the infrastructure upgrade needs are established, Union City Transit will incorporate the design and construction timelines into the overall transition plan timeline.

Union City Transit recognizes PG&E as a critical partner in electrification and will continue to partner with PG&E after the planning stages, so that charge management strategies and fleet expansion efforts can be coordinated effectively. Union City Transit is already enrolled in PG&E’s EV Fleet Ready program and is working with an engineer assigned to assist in the infrastructure needs to support a ZEV transition.

The City of Union City is a member of the Joint Powers Agency (JPA) that governs the not-for-profit public agency that provides Community Choice Energy service in Alameda County, known as East Bay Clean Energy (EBCE). Union City Transit is working with EBCE to provide Charging as a Service (CaaS) since they are assisting other municipalities in Alameda County transition their municipal fleets to zero-emissions through CaaS. The agreement for EBCE to provide CaaS to Union City includes design, engineering, and installation of the charging equipment along with operations and maintenance, reduced charging rates, ongoing fleet analysis, and necessary reporting. Union City Transit received their letter of commitment to offer CaaS to support Southern Alameda County’s only public municipal transit operator and can be found in Attachment I.

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Element 6: Workforce Analysis
Union City Transit, located in Union City, CA, operates a fleet of 32 buses, including two (2) current battery electric buses. The agency is a leader in transitioning to ZEBs and has committed to transitioning to 100% ZEBs by 2034. This includes purchases of unibody paratransit vans in 2021 and 2022, electric cutaway paratransit vans in 2022, adding eight (8) or more full-size electric buses in 2023, adding BEB Charging Infrastructure to the depot in 2023, and adding on-route charging infrastructure for the full-size electric buses at a future date. In order to support ZEB operations at this scale, Union City Transit has identified opportunities ensure the current and future workforce is prepared to manage its full fleet of more than 32 future ZEBs. This Workforce Development Plan focuses on ZEB operations and maintenance.

In alignment with FTA’s requirements under the Workforce Development for the 2022 Low No program, Union City Transit will build a ZEB workforce program in consultation with labor representatives through its operations and maintenance contractor. Together, Union City Transit and the contactor will determine how to best reskill and upskill the current workforce to meet the needs of Union City Transit’s future operational and maintenance needs.

Workforce Analysis Overview
Developing and training the workforce required to operate and maintain zero-emission buses requires significant investment and planning. Union City Transit’s operations and maintenance contractor is experienced in recruiting, hiring, training, and integrating new staff to ensure that employees are qualified to provide quality services to our riders. The level of training that Union City Transit’s contracted staff engage in upon hiring is dependent upon their level of experience at that time. Union City Transit recognizes that a trained ZEB workforce is not readily available and the transit industry must address the shortage of technicians and mechanics together. Union City Transit currently supports the contractor’s organized machinists with ad hoc training of new City owned equipment through either the original equipment manufacturer (OEM), the qualified vehicle modifier (QVM) of the OEM, or both depending on how the QVM’s equipment interacts with the OEM.

Union City Transit plans to develop and maintain a qualified ZEB staff by requiring the operations and maintenance contractor to hire qualified new staff and retrain existing staff who have previously worked with internal combustion engine (ICE) systems. Meaningful investment is required to upskill maintenance staff and bus operators that were originally trained in diesel vehicle maintenance and fossil fuel fueling infrastructure. Transitioning to zero-emission vehicles is a paradigm shift for all aspects of transit operations including but not limited to scheduling, maintenance, and yard operations. Union City Transit’s workforce development activities will address the identified skills and tools needed for each relevant team.

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Completed Trainings
Union City Transit received a Ford Transit T-350EL unibody van upfitted by QVM Lightning eMotors in 2021. Lightning eMotors, as part of the procurement of the vehicle, came to the maintenance shop to provide hands-on training regarding the diagnosis and maintenance of the propulsion system they installed, training on the battery and how to work on the vehicle whether energized or de-energized, and also when to contact Lightning eMotors if the system fails or becomes unserviceable. The Lightning eMotors system is on the underside of the vehicle, so technicians have been able to service the vehicles through the normal jack system to date. Union City plans to continue this type of training for QVM systems of other OEM products because each version tends to be slightly different.

As has been standard practice with all prior heavy-duty transit bus procurements, Union City Transit makes sure that the drivers, supervisors, managers, and maintenance teams all get appropriate in-class and hands-on training for the new equipment Union City Transit provides.

Union City Transit typically waits until the vehicle is in production before asking what types of specialized equipment or tools it needs to invest in for the contractor’s staff because each production typically comes with slight variations depending on how much time passes between them. Once the build is finalized for production, Union City Transit starts working with the contractor to obtain all the recommended or required equipment and tools to service the vehicle in advance of its arrival. This also prepares the facility and technicians to be ready for the OEM trainer when they arrive onsite.

Union City Transit requires the contractor to document all the trainings and certifications received by maintenance staff both at the maintenance facility and with the contractor’s Safety and Training Manager. At this time, Union City Transit is still gaining expertise in the electrified vehicle space and will leverage the heavy-duty transit vehicle OEM to prepare the agency and staff for the delivery of their vehicles. In the meantime, Union City Transit’s current contractor, MV Transit, has created a division dedicated to electrified fleet transitioning and will be relying on them to provide the necessary groundwork in advance of specific requirements for its employees.

Identified Training Needs
Several training needs have been identified by Union City Transit staff in order to support their transition to a 100% ZEB fleet. Union City Transit is committed to ensuring new training and technologies do not displace current workers and has placed a priority on training existing staff through partnerships with manufacturers of procured electrified vehicles. The identified training needs are anticipated to evolve as Union City Transit’s fleet expands. As such, the following training plans are intended to provide a framework.

Many procurement contracts include train-the-trainer courses through which small numbers of agency and contracted staff are trained and subsequently train agency colleagues. This method City Council/RSA Agenda 57 Tuesday, October 24, 2023
Union City Transit 16
provides a cost-efficient opportunity to minimize the need for external training while maintaining institutional knowledge and providing widespread agency training on new equipment and technologies. Union City Transit currently relies on OEM training but has a desire to use a train-thetrainer program to maintain knowledge expertise in-house. Third party resources will continue to be used as needed.

Union City Transit plans to take advantage of trainings from the bus manufacturers and infrastructure suppliers, including maintenance and operations training, maintenance and safety, first responder training, and other trainings that may be offered by the providers. OEM trainings provide critical information on operations and maintenance aspects specific to the equipment model procured. Union City Transit training staff will work closely with the OEMs providing vehicles to ensure all mechanics, service employees, and bus operators complete necessary training prior to deploying ZEB technology. Union City Transit staff will also be able to bring up any issues or questions they may have about their training with their trainers. Additionally, trainers will observe classes periodically to determine if any staff would benefit from further training. Union City Transit expects staff to receive training from the following OEMs and service providers:
• GILLIG
• Lightning eMotors
• East Bay Clean Energy (EBCE)
• Pacific Gas & Electric (PG&E)
• Selected electric vehicle supply equipment (EVSE) provider(s) • Selected tool and equipment providers
• Current contractor, MV Transit, or future contractor, to be determined As more ZEBs are procured, Union City Transit aims to continue working with the above list of OEMs and partners to stay up-to-date on new tools and training needed for their workforce.

Union City Transit also plans to use National Training Institute (NTI) training courses specific to ZEBs. As the technology develops and ZEBs are procured, Union City Transit will periodically reevaluate what courses are available and how they apply to their fleet plans, in order to leverage them for Workforce Development.

City Council/RSA Agenda 58 Tuesday, October 24, 2023
Union City Transit 17
Resources and Strategies to Meet Identified Needs
In order to incorporate the above training needs, Union City Transit envisions using following resources and strategies. To achieve these goals and ensure a successful deployment of zeroemission buses, Union City Transit will require $590,125 in funding to cover the workforce development initiatives identified. FY2022 Low-No funding will ensure the workforce development plan can be implemented in parallel with deployment of vehicles and infrastructure. Table 4 identifies the preliminary training resources Union City Transit is budgeting the workforce development portion of the FY2022 Low-No application toward.

Table 4: Training Resources
Training Resource/Strategy FY2022 Low-No
Budget
National Training Institute (NTI) No Cost
Bus OEM Operator, Maintenance, & First Responder Training $100,000 Infrastructure Training $15,000
PPE, Tools, and Equipment $225,125
Training Aids, Simulators, Components, and Equipment $250,000 Workforce Development Timeline
Demand for skilled and experienced workers will increase rapidly as new clean transportation policies and programs take effect and as numerous agencies begin fleet transitions. Aligning workforce development activities with the fleet transition timeline ensures that a qualified workforce is ready and available to support a successful deployment. Based on Union City Transit’s fleet transition plan of 100% ZEBs by 2029, the graphic below shows the anticipated progression.

Union City Transit has one (1) electric paratransit vehicle already, procured two (2) more to arrive in 2023, expects to exceed 50% ZEBs among all vehicles by 2025, and expects to reach a 100% ZEB fleet with 2029 procurements. Operators and maintenance technicians are trained for the paratransit vehicle currently in the fleet. As new and different types on ZEBs are procured, including full-size transit ZEBs, Union City will continue providing resources and training to keep the workforce current. As a result, the effort to reach 100% ZEB Trained Mechanics is ongoing and is tied to procurement of new types of vehicles, not a specific year. Figure 5 shows snapshots of Union City Transit’s Fleet Composition and Workforce ZEB Readiness in 2022, 2025, and when full ZEB composition is reached in 2030.

City Council/RSA Agenda 59 Tuesday, October 24, 2023
Union City Transit 18
Workforce development is an ongoing process that must continue as fleets scale up and deploy additional zero-emission vehicles. To ensure that the workforce scales efficiently and costeffectively, Union City Transit will employ training strategies that support additional zero-emission vehicle deployments in the future. In addition to using NTI resources and OEM Training, Union City Transit anticipates specific training provided by infrastructure partners, new PPE, Tools and Equipment specific to working on high-voltage vehicles with unique components, and Training Aids, Components and Equipment to support a ZEB-ready workforce. As procurement of ZEBs moves forward, Union City Transit will continue re-evaluating the most cost-effective long-term methods and resources to meet the goal of a zero-emission bus fleet by 2030. 2022 2025 2030
6% BEB
94% CNG
56% BEB
44% CNG
100% BEB
100% (includes expanded staff)
Figure 5: ZEB Fleet & Mechanic Transition Plan
ZEB Fleet
ZEB Trained
Mechanics Year
City Council/RSA Agenda 60 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING THE UNION CITY TRANSIT ZERO-EMISSION BUS FLEET

ROLL-OUT PLAN (ROP) IN COMPLIANCE WITH THE CALIFORNIA AIR

RESOURCES BOARD (CARB) INNOVATIVE CLEAN TRANSIT

REGULATION
WHEREAS, on December 14, 2018, the California Air Resources Board (CARB) implemented the Innovative Clean Transit (ICT) regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies; and WHEREAS, on February 25, 2020, the City Council approved Resolution No. 5568-20 committing to the procurement of zero-emission Union City Transit fixed-route vehicles; and
WHEREAS, on January 10, 2023, the City Council approved Resolution No. 6067-23, awarding a contract to Gillig for the purchase of fourteen (14) battery-electric fixed-route buses after the Federal Transit Administration (FTA) awarded Union City Transit a Fiscal Year 2022 Low or No Emission Vehicle Grant (Low-No); and WHEREAS, as part of the Low-No Grant process, Union City Transit was assisted by the Center for Transportation and the Environment to develop a Zero-Emission Fleet Transition Plan that complied with the FTA requirements; and WHEREAS, the Union City Transit Bus Fleet Roll-Out Plan (ROP) was submitted to the California Air Resources Board (CARB) by July 1, 2023; and WHEREAS, CARB requested amendments to the Union City Union City Transit Bus Fleet Roll-Out Plan ROP to simplify the Plan.

NOW THEREFORE, BE IT RESOLVED, that the City Council adopt a resolution approving the Union City Transit Zero-Emission Bus Fleet Roll-Out Plan (ROP), as attached in Exhibit A, in compliance with the California Air Resources Board (CARB) Innovative Clean Transportation regulation.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of October 2023, by the following vote:

AYES:

City Council/RSA Agenda 61 Tuesday, October 24, 2023
Resolution XXXX-23

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ____________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 62 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 1
Union City Transit Innovative Clean Transit (ICT)
Regulation Zero-Emission Bus (ZEB) Small
Transit Fleet Rollout Plan (ROP)
Section A: Transit Agency Information
Addresses
Official:

City of Union City Public Works Department Transit Division (d.b.a. Union City Transit) 34009 Alvarado-Niles Road
Union City, CA 94587
Physical Location:

Union City Public Works Maintenance Facility (Corporation Yard) 34650 Seventh Street
Union City, CA 94587
Background
The City of Union City is unique in the Bay Area, providing transit service within the City limits through a municipal transit system. The transit agency began operations in 1974 with the opening of the Union City Bay Area Rapid Transit (BART) Station. The service currently provides five (5) regular fixed-routes, required Americans with Disabilities Act (ADA) complementary paratransit service, non-ADA paratransit service, and microtransit service. The system offers local service which complements the regional services, connecting passengers from neighborhoods to major employment centers, schools and shopping areas in town as well as connecting passengers to BART, Alameda-Contra Costa Transit District (AC Transit), and the Dumbarton Express for destinations beyond Union City.

Contact
Primary:

Steve Adams
Transit Manager
34650 Seventh Street
Union City, CA 94587
510.675.5446
[email protected]
Secondary:

Marilou Ayupan
Public Works Director
34009 Alvarado-Niles Road
Union City, CA 94587
510.675.5306
[email protected]
City Council/RSA Agenda 63 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 2
Zero-Emission Bus Group
Union City Transit is not part of a Joint Zero-Emission Bus Group.

Section B: Transition Plan General Information
General Information
Union City Transit’s rollout plan will transition the agency’s fixed-route bus fleet and demandresponse vehicle fleet to 100% zero-emission by 2040 per ICT regulation. The plan directs Union City Transit to procure heavy-duty battery electric buses in 2022 to replace heavy-duty compressed natural gas (CNG) buses that have met or exceeded their useful lives; the demand-response fleet has already had battery electric vehicles introduced and more will replace vehicles that have met or exceeded their useful lives as technology improves. No vehicles are planned for early retirement to comply with the ICT regulation. This plan is intended to be a living document that is subject to change as zero-emission vehicle technology and infrastructure technology matures.

Adoption
This ROP was adopted by the City of Union City City Council on October 24th, 2023. A copy of the resolution is included in Appendix A.

Contact
For additional information regarding the ROP, please contact:

Steve Adams
Transit Manager
34650 Seventh Street
Union City, CA 94587
510.675.5446
[email protected]
Section C: Technology Portfolio
Vehicle Deployment
Union City Transit plans to deploy battery electric buses (BEBs) and battery electric vehicles (BEVs) as the fleet transitions to 100% zero-emission. This decision is based on the daily operating requirements of the current fleet and how equipment is deployed. Union City’s service area is relatively flat to the west with steep terrain to the east; the steep terrain has always been inaccessible to fixed-route service and is only served by demand-response vehicles. Union City City Council/RSA Agenda 64 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 3
Transit believes that a one-to-one replacement of existing vehicles with a BEB or BEV is possible.

Hydrogen is currently not being considered until all CNG facilities have been decommissioned; Union City Transit is a user of the current on-site CNG facilities but does not determine when the facility will be decommissioned. The composition of the fleet will be eighteen (18) heavy-duty transit buses and fifteen (15) demand-response vehicles.

Infrastructure Deployment
Union City Transit is currently developing a Charging-as-a-Service (CaaS) plan with East Bay Community Energy (EBCE) that will provide individual stall charging for each of the upcoming vehicles on order. The plan includes six (6) Level 2 chargers for the demand response fleet and fourteen (14) DC fast chargers for fixed-route fleet; the design includes two (2) additional DC fastchargers for redundancy in the event of failure or repair of another charger. The charging infrastructure will expand with the fleet and address the latest charging standards in place.

Section D: Current & Future Bus Purchases
Current Fleet
The City of Union City – Union City Transit adopted the alternative fuel path in 2000 with the California Air Resources Board (CARB). As part of this adoption, Union City Transit chose to transition to compressed natural gas (CNG) with an initial implementation deadline of December 31, 2012. Union City Transit barely met this deadline. Union City Paratransit was fully transitioned to CNG in 2009 only to later find out that gasoline was considered a clean fuel several years later and has since purchased gasoline and electric vehicles.

Union City Transit is budgeted for eighteen (18) fixed-route buses with a peak pull of up to seventeen (17) during the morning peak period. All eighteen (18) are/were low-floor CNG vehicles ranging in model years from 2008, 2010, 2012, and 2016. Union City Demand Response (Paratransit, Wheelchair Accessible Van, Microtransit) is budgeted for fifteen (15) vehicles with a peak pull of twelve (12) vehicles: seven (7) paratransit, four (4) Wheelchair Accessible Vehicle (WAV), and one (1) microtransit (with spare microtransit vehicles used for paratransit). The vehicles are a mix of ten (10) gasoline and two (2) electric unibody and cutaway vans ranging in model years 2019, 2020, 2021, and 2022.

Table 1: Current Union City Transit Fixed-Route Fleet
Number of
Vehicles
Vehicle
Model Year Manufacturer Model Name Vehicle Type Fuel
1 2008 Orion VII 35’ Low-Floor Bus CNG
6 2010 Orion VII 35’ Low-Floor Bus CNG
6 2012 GILLIG G27B102N4 35’ Low-Floor Bus CNG
4 2016 GILLIG G27B102N4 35’ Low-Floor Bus CNG
18*
*One (1) 2008 Bus Retired
City Council/RSA Agenda 65 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 4
Table 2: Current Union City Transit Demand Response Fleet Number of
Vehicles
Vehicle
Model Year Manufacturer Model Name Vehicle Type Fuel
2 2019 Nor Cal Vans Transit 350EL Unibody Van Gas
2 2019 Starcraft Allstar Cutaway Van Gas
6 2020 Nor Cal Vans Transit 350EL Unibody Van Gas
2 2021
Nor Cal Vans
/Lightning Transit 350EL Unibody Van Electric
12 Current Replacement Fleet Ordered
Union City Transit currently has fourteen (14) battery-electric thirty-five-foot (35’) buses on order for delivery in late 2024 and early 2025. These buses will replace the 2008, 2010, and 2012 compressed natural gas (CNG) buses that have met or exceeded their useful life of twelve (12) years or 500,000 miles.

Table 3: Ordered Battery-Electric Buses (BEBs) for Union City Transit Fixed-Route Fleet Number of
Vehicles
Vehicle
Model Year Manufacturer Model Name Vehicle Type Fuel
14 2024/25 GILLIG Unknown 35’ Low-Floor Bus EV
14 Future Replacement Fleet Not Ordered
Union City Transit has three (3) demand-response vehicles it needs to procure to reach the budgeted number of fifteen (15) vehicles and it expects to procure those in late 2023 or early 2024 off of the California Association for Coordinated Transportation (CalACT) consortium procurement; these vehicles may be gas or electric depending on the pricing and if the vehicles meet Federal Transit Administration (FTA) Buy America requirements. All additional sixteen (16) vehicles are replacement vehicles for ones that have not met their useful lives yet.

Table 4: Future Vehicle Planned Orders for All Union City Transit Fleets Number of
Vehicles
Vehicle
Model Year Manufacturer Model Name Vehicle Type Fuel
3 2024/25 TBD TBD Unibody/Cutaway Gas/EV
4 2025/26 TBD TBD Unibody/Cutaway EV
6 2026/27 TBD TBD Unibody/Cutaway EV
4 2028/29 TBD TBD 35’ Low-Floor Bus EV
2 2028/29 TBD TBD Unibody/Cutaway EV
19 City Council/RSA Agenda 66 Tuesday, October 24, 2023 Union City Transit: ICT Reg. ZEB ROP 2023 5
Section E:Facilities & Infrastructure
Primary Charging Facility
Union City Transit currently parks, fuels, and washes its vehicles at the Union City Public Works Maintenance Facility (Corporation Yard/CorpYard) located at 34650 Seventh Street, Union City, CA 94587 where dedicated reinforced concrete bus pads were installed to accommodate the weight of the fixed-route buses. The CorpYard has onsite capabilities to fuel the current compressed natural gas (CNG) fleet. Because the bus pads are already reinforced for the fleet heavy-duty buses, the bus stalls are expected to be restriped to accommodate chargers in between every other bus to reuse the existing infrastructure effectively. There are no current plans to build new primary charging facilities for Union City Transit; instead, existing facilities will be upgraded to support the ZEB fleet transition.

Charging at the CorpYard is being designed as Charging as a Service (CaaS) through an agreement with East Bay Community Energy (EBCE) who does the design work, installation, and maintenance of the charging infrastructure. The design includes redundant fast chargers in case there is a problem with one of the chargers in a dedicated stall so that buses can still have an opportunity to “fuel”.

Planned Secondary Charging Facility
Union City Transit is looking into adding dedicated overhead charging facilities as part of a future remodel of its Union Landing Transit Center located at 32080 Union Landing Blvd, Union City, CA, 94587. The current fourteen (14) buses on order will all come equipped with charging rails on the roof designed for an inverted pantograph to connect and provide an opportunity charge. This is currently in a very preliminary stage and may not happen, but the thought is to keep the vehicles out in service as long as possible with short charging sessions as part of a scheduled operator break.

Additionally, the Union City Bay Area Rapid Transit District (BART) Intermodal Station East Plaza Bus Loop is being looked at for a possible dedicated overhead charging facility once the proposed intercity rail station is built. This is currently in a very preliminary stage and may not happen, but the thought is to keep the vehicles out in service as long as possible with short charging sessions as part of a scheduled operator break.

Section F:Disadvantaged Communities
SB 535 Disadvantaged Community
The City of Union City has only one (1) SB 5353 Disadvantaged Community according to CalEnviroScreen. Fortunately, all five (5) of Union City Transit’s routes along with microtransit currently serve it. Two (2) bus routes serve an SB 535 Disadvantaged Community in Hayward because the routes are on the border between the two (2) cities.

City Council/RSA Agenda 67 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 6
Figure 5: Bus Routes in or on the edge of SB 535 Disadvantaged Community Section G: Workforce Training
Funding Assessment Overview
Union City Transit will be employing multiple methods for workforce development as it transitions to battery-electric vehicles (BEVs). The first method is taking advantage of all Original Equipment Manufacturer (OEM) training for maintenance, driving, and first responders. The second method is to have our CaaS partner EBCE train the mechanics, drivers, and staff located at the CorpYard how to properly connect and disconnect the charging equipment along with minor maintenance and when the system needs to be shutdown and to call for immediate assistance (either 911 or EBCE).

The third method utilizes our contractor, MV Transportation (MV Transit), who has developed an electric vehicle training regimen for all its divisions since the majority of them are transitioning to zero-emission vehicles (primarily battery-electric) to train their employees at all levels on how to drive the vehicles efficiently, how to charge the vehicles, how to service the vehicles, and what the limitations of the vehicles are. The fourth method will take advantage of free training from the National Transit Institute (NTI) who offers free courses to FTA grantees on a variety of topics. The fifth method is to have CTE come and teach their ZEB 101 training course that encompasses regulations and industry best practices, some of which they have written. Lastly, the sixth method is procuring the proper equipment, tools, personal protective equipment (PPE), training aids, City Council/RSA Agenda 68 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 7
simulators, and training rigs to ensure all staff involved in the process have a safe work environment with the correct equipment.

Funding
The above methods of training are all funded either through the 2022 Section 5339(c) Low or No Emission Bus (Low-No) FTA grant that Union City Transit received, are already built into existing contracts for service, or are free to transit agencies receiving certain types of funding.

Section H: Funding
Existing Vehicles
Union City Transit currently has two (2) battery-electric unibody vans in service. These vans were both funded through a combination of local funds and Low-Carbon Transit Operations Program (LCTOP) funds. Each vehicle was over $200,000 and fortunately can charge at the CorpYard using existing infrastructure.

Existing Vehicles on Order
Union City Transit currently has fourteen (14) battery-electric thirty-five-foot (35’) buses on order with Gillig. These buses are funded through a combination of local funds, regional funds, FTA Section 5307 formula funds, and FTA Section 5339(c) Low-No Competitive funds. Each vehicle costs approximately $1,180,000 and will require charging infrastructure to be installed prior to their arrival.

Future Immediate Vehicles
Union City Transit currently has three (3) unibody or cutaway vans it needs to order in late 2024 or early 2025. These vans will be funded through a combination of local funds and FTA Section 5307 formula funds that have already been secured but may be insufficient to procure battery-electric vehicles using the CalACT consortium procurement. Each vehicle is estimated to cost $250,000 in battery-electric form or $120,000 in gasoline form. The battery-electric version of the vehicles would require dedicated charging infrastructure to be built similar to the Gillig buses on order.

Future Non-Immediate Vehicles
Union City Transit expects all non-immediate future vehicles to be funded through a combination of local funds and FTA Section 5307 formula funds because they will be replacement vehicles for ones that have not met their useful lives. Each battery-electric van is estimated to cost between $250,000 and $275,000 while each battery-electric thirty-five-foot (35’) bus is expected to cost $1,250,000.

City Council/RSA Agenda 69 Tuesday, October 24, 2023
Union City Transit: ICT Reg. ZEB ROP 2023 8
Section I: Start-Up & Scale-Up Challenges
Union City Transit has already been encountering some issues from vehicle production delays to issues with the utility company. Union City Transit originally expected to take delivery of two (2) buses in the first half of calendar year 2024, but the Buy America compliant battery supplier is having supply issues that moved the production schedule for all vehicles to the last quarter of calendar year 2024 pushing vehicles that have already exceeded their useful lives with scarce parts very difficult to maintain and very expensive to keep in service. Union City Transit is also having difficulty with its utility company and their program to assist fleets with installations and upgrades; Union City Transit is worried that even with the delays in vehicle production, the utility company will now take years to make their upgrades to supply power.

City Council/RSA Agenda 70 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JARED RINETTI, POLICE CHIEF
SUBJECT: ADOPT A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS

LIST FOR THE POLICE DEPARTMENT TO ADD ONE COMMUNITY

ORIENTED POLICING AND PROBLEM SOLVING (COPPS) SERGEANT

AND ELIMINATE ONE VACANT COPPS OFFICER POSITION, AND ADD

TWO COMMUNITY SERVICE AIDE (CSA) POSITIONS, AND ELIMINATE

TWO VACANT PUBLIC SERVICES OFFICER (PSO) II POSITIONS
Staff recommends that the City Council adopt a resolution authorizing amendments to the Union City Authorized Positions List for the Police Department to add one (1) Community Oriented Policing and Problem Solving (COPPS) Sergeant and two (2) Community Service Aide positions. This recommendation would not change the total number of currently authorized sworn and non-sworn staff as three (3) positions are also being recommended for elimination, including one (1) COPPS Officer position and two (2) Public Services Officer II positions.

STRATEGIC PLAN ALIGNMENT
Goal B: Governance and Organization Effectiveness of the strategic plan in aligning critical city services with current staffing levels.

Goal C: Institute forward-thinking, business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 13: Align public safety services with community needs based on a data driven decision-making approach (i.e., emergency medical services, restoration of terminated police programs, etc.).

BACKGROUND
The Union City Police Department is currently authorized to have one hundred and four (104) full-time positions. These authorized positions include eighty-one (81) sworn positions and twenty-three (23) nonCity Council/RSA Agenda 71 Tuesday, October 24, 2023 sworn positions.

Authorized, full-time, budgeted sworn positions include: Fifty-eight (58) Officers, (three (3) of which are designated as COPPS Officers); thirteen (13) Sergeants; six (6) Lieutenants; two (2) Captains; one (1) Deputy Chief; and one (1) Police Chief.

Authorized, full-time, budgeted non-sworn positions include: One (1) Police Records Supervisor, one (1) Personnel and Training Supervisor, one (1) Property and Evidence Supervisor, one (1) Crime Analyst, three (3) Community Service Aides, one (1) Community Resources Coordinator, two (2) Property and Evidence Specialists, six (6) Police Office Assistants, three (3) Public Services Officer IIs, one (1) Police Department Office Coordinator, two (2) Confidential Operations Assistants, and one (1) Executive Assistant to the Police Chief.

Additionally, the department is authorized to fill 4.78 full-time Police Cadet positions, allowing for upwards of nine (9) part-time Police Cadets to be employed.

This staff report was authored after review and consideration of the most efficient staffing and service models to meet the growing needs of our community, specifically in response to a noted increase in community requests for parking enforcement, traffic enforcement, animal control services, and a commensurate decrease in demand for custodial issues. Additionally, the recommendations in this staff report will help the police department to develop and build upon community programs, improve law enforcement and community relationships, and start working towards long-term crime reduction strategies. As such, this report focuses on three (3) COPPS Officer positions, three (3) Public Services Officer (PSO) II positions, and three (3) Community Service Aide (CSA) positions, all of which are included in the City’s Authorized Positions List for FYs 2023-2024 and 2024-2025, approved by City Council during the budget building process, and included in the approved Biennial Budget.

DISCUSSION
In preparation for reestablishing a COPPS Unit, three (3) COPPS Officer positions were authorized and built into the prior Biennial Budget. These COPPS Officer positions were funded to support Union City Police Department reestablishing a COPPS Unit after the unit was disbanded several years ago. The primary goals of the COPPS Unit are to assume the central role of engaging the community to work on long-term strategies to reduce crime, resolve neighborhood complaints, and improve the quality of life in Union City. The COPPS Unit is designed to develop, maintain, and support programs and relationships in our community to maintain highly effective and coordinated efforts in responding to the needs of our community.

Although the COPPS Unit is budgeted for three (3) Officer positions, the police department does not currently have supervisory staff to support officers being placed into the COPPS Unit. In considering options and current staffing challenges, the police department is confident that it could begin to develop and build upon community programs, improve law enforcement and community relationships, and start working towards long-term crime reduction strategies if the COPPS Unit was staffed with a sergeant.

The expertise of a Police Sergeant would provide the department with a unique opportunity to address key community quality-of-life issues and to take the first step in reestablishing a COPPS Unit now, rather than waiting for what would be a year or more to fully staff a COPPS Unit.

In consideration of our community needs, the Union City Police Department proposes to add one (1) COPPS Unit Sergeant, increasing the total number of authorized sergeant positions from thirteen (13) to fourteen (14). To offset the cost of adding this additional sergeant position, staff recommends eliminating one (1) of the three (3) vacant budgeted COPPS Officer positions, thereby reducing the number of City Council/RSA Agenda 72 Tuesday, October 24, 2023
authorized COPPS Officer positions from three (3) to two (2). The COPPS Unit would maintain three (3) positions: one Sergeant and two Officer positions. The City would continue realizing cost savings associated with two (2) budgeted and unfilled COPPS Officer positions as further short-term, costsaving measures related to this change.

Additionally, Union City Police Department is budgeted for three (3) Public Services Officer (PSO) II positions and three (3) Community Service Aide positions. The police department has intentionally not filled two (2) of the three (3) authorized Public Services Officer II positions in anticipation and support of this request to add two (2) additional Community Service Aide positions, increasing the total number of authorized Community Service Aide positions from three (3) to five (5). To offset the cost of adding these two (2) additional Community Service Aide positions, staff recommends eliminating two (2) vacant Public Services Officer II positions, thereby reducing the number of authorized Public Services Officer II positions from three (3) to one (1).

This request to increase the number of Community Service Aide positions and reduce the number of Public Services Officer II positions is in alignment with trending community and custodial issues, as the Union City Police Department has noted an increase in community requests for parking enforcement, traffic enforcement, and animalcontrol, and a commensurate decrease in demand for custodial issues.

If approved, these changes would maintain the same previously budgeted and approved total number of eighty-one (81) authorized sworn positions and twenty-three (23) non-sworn full-time positions.

FISCAL IMPACT
The net fiscal impact of the request to eliminate one (1) COPPS Officer position and add one (1) COPPS Sergeant position is a cost of $45,000 annually.

The net fiscal impact of the request to eliminate two (2) Public Services Officer II positions and add two (2) Community Service Aide positions is a savings of $23,000 annually.

The combination of a net cost increase of $45,000 associated with the addition of one (1) COPPS Sergeant and the elimination of one (1) COPPS Officer and the cost savings of $23,000 associated with the addition of two (2) Community Service Aide positions and the elimination of two (2) Public Services Officer II positions, is an annual net increase of $22,000 to the police department’s budget. The net increase of $22,000 will be funded by salary savings from other vacant positions in the police department.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the Union City Police Department to add one (1) Community Oriented Policing and Problem Solving (COPPS) Sergeant and eliminate one (1) vacant COPPS Officer position, and to add two (2) Community Service Aide (CSA) positions and eliminate two (2) vacant Public Services Officer (PSO) II positions.

Prepared by:

Travis Souza, Police Captain
City Council/RSA Agenda 73 Tuesday, October 24, 2023
Submitted by:

Travis Souza, Police Captain
ATTACHMENTS:

Description Type
Resolution -Amend Authorized Positions List Resolution
City Council/RSA Agenda 74 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

ADOPT A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR

THE POLICE DEPARTMENT TO ADD ONE COMMUNITY ORIENTED POLICING

AND PROBLEM SOLVING (COPPS) SERGEANT AND ELIMINATE ONE VACANT

COPPS OFFICER POSITION, AND ADD TWO COMMUNITY SERVICE AIDE (CSA)

POSITIONS, AND ELIMINATE TWO VACANT PUBLIC SERVICES OFFICER (PSO)

II POSITIONS
WHEREAS, the City Council of the City of Union City approved the Union City Police Department to maintain one hundred and four (104) full-time positions, to include 81 sworn positions and 23 non-sworn positions; and
WHEREAS, the City Council of the City of Union City previously approved the Union City Police Department to staff a Community Oriented Policing and Problem Solving (COPPS) Unit with three (3) police officers and to maintain a total of three (3) Community Service Aide positions; and
WHEREAS, the Union City Police Department recognizes the growing needs of the community to have dedicated personnel assigned to the Community Oriented Policing and Problem Solving (COPPS) Unit and the need to increase the number of Community Service Aide positions to work on long-term strategies to reduce crime, the fear of crime, and to resolve quality of life issues; and
WHEREAS, the Union City Police Department is confident that by assigning a sergeant to the COPPS Unit, and increasing the number of Community Service Aide positions, the Union City Police Department would be better equipped to respond to the evolving needs of the community; and
WHEREAS, the Union City Police Department proposes removing one (1) of the three (3) vacant and budgeted COPPS officer positions and reducing the number of budgeted and vacant Public Service Officer positions by two (2) in exchange for a COPPS Unit sergeant and two (2) additional Community Service Aide positions; and WHEREAS, this resolution would not change the total number of authorized Union City Police Department staff, only impacts vacant positions, and utilizes cost savings to minimize the fiscal impact to the City, while increasing the department’s ability to effectively respond to the changes needs of our community; and
City Council/RSA Agenda 75 Tuesday, October 24, 2023
Resolution No. XXXX-23

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby amends the Union City Authorized Positions List for the Police Department as follows:
 Add one (1) Community Oriented Policing and Problem Solving (COPPS) Sergeant,  Reduce the authorized COPPS Officer positions by one (1),  Add two (2) Community Service Aide positions, and
 Reduce Public Service Aide II positions by two (2).

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the additional annual net fiscal impact of $22,000 to the police department’s budget to add a COPPS Sergeant and two (2) Community Service Aide positions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 76 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION AMENDING CONFLICT OF INTEREST CODE OF

NON-ELECTED OFFICIALS AND DESIGNATED EMPLOYEES OF THE CITY

OF UNION CITY
Staff recommends that the City Council adopt the attached Resolution amending the Conflict of Interest Code of non-elected and designated employees of the City of Union City by amending Appendix B.

STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.

BACKGROUND
Under California Government Code Section 87306(a): Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision.

Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent; and There is a need to amend the Conflict of Interest Code Appendices, Designated Positions and Disclosure Categories, because of organizationalchanges that have occurred since the 2022 biennial review.

DISCUSSION
The review has been completed, and Senior Management Staff and the City Attorney have found that while the wording within the Code is in conformance with the Political Reform Act, there is a need to amend the attached Appendix B, Designated Positions, because of organizational changes that have occurred since the 2022 review. The changes are reflected in red font and the Appendix is attached to the proposed resolution.

City Council/RSA Agenda 77 Tuesday, October 24, 2023

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends that the City Council adopt the resolution amending the City’s Conflict of Interest Code, Appendix B, as submitted.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
AppendixB Attachment
City Council/RSA Agenda 78 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AMENDING CONFLICT OF INTEREST CODE OF NON-ELECTED OFFICIALS

AND DESIGNATED EMPLOYEES OF THE CITY OF UNION CITY

BY AMENDING APPENDIX B
WHEREAS, under California Government Code Section 87306(a): Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision; and
WHEREAS, amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent; and WHEREAS, there is a need to amend the Conflict of Interest Code Appendices, Designated Positions and Disclosure Categories, because of organizational changes that have occurred since the 2022 biennial review; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City, does hereby amend Appendix B, attached hereto and made a part hereof, of the Conflict of Interest Code of the non-elected officials and designated employees of the City of Union City.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council/RSA Agenda 79 Tuesday, October 24, 2023
2 APPENDIX “B”

DESIGNATED POSITIONS DISCLOSURE CATEGORY
City Attorney
City Attorney See Appendix “A”
Deputy/Assistant City Attorney 1, 2, 3, 4, 5, 6, 7, 8
City Council and Commissions
Arts & Culture Commissioners and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Bicycle Pedestrian Advisory Committee 1, 2, 3, 4, 5, 6. 7, 8 Economic Development Advisory Team 1, 2, 3, 4, 5, 6. 7, 8 City Council Members See Appendix “A”
Human Relations Commissioners and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Mayor See Appendix “A”
Park & Recreation Commissioner and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Planning Commissioners and Alternates See Appendix “A”
Sales Tax & Utilities Users Tax Oversight Committee 1, 2, 3, 4, 5, 6. 7, 8 Senior Citizens Commissioners and Alternates 1, 2, 3, 4, 5, 6. 7, 8 Station District Community Advisory Committee 1, 2, 3, 4, 5, 6. 7, 8 City Manager
Administrative Specialist – Confidential 1, 2, 3, 4, 5, 6, 7, 8 Assistant to the City Manager 1, 2, 3, 4, 5, 6, 7, 8
Assistant City Manager/Chief Financial Officer See Appendix "A" City Clerk 1, 2, 3, 4, 5, 6, 7, 8
City Manager See Appendix "A"
Deputy City Manager 1, 2, 3, 4, 5, 6, 7, 8
Emergency Services Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II/III 1, 2, 3, 4, 5, 6, 7, 8
Recycling and Solid Waste Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Recycling Programs Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Solid Waste/Recycling Coordinator 1, 2, 5, 6, 7, 8
Supervising Personnel Analyst 1, 2, 5, 6, 7, 8
Sustainability Analyst I/II 1, 2, 5, 6, 7, 8
Community and Recreation Services
Community and Recreation Services Director 1, 2, 3, 4, 5, 6, 7, 8 Community and Recreation Services Manager 1, 2, 5, 6, 7, 8 Homeless Program Coordinator/Case Manager 1, 2, 5, 6, 7, 8 Recreation Program Coordinator 1, 2, 5, 6, 7, 8
Senior Recreation Supervisor 1, 2, 5, 6, 7, 8
Recreation Supervisor 1, 2, 5, 6, 7, 8
Youth Employment Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Youth and Family Services Clinical Supervisor 1, 2, 3, 4, 5, 6, 7, 8 Youth and Family Services Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Economic and Community Development
Assistant Planner 1, 2, 3, 4, 5, 6, 7, 8
Associate Planner 1, 2, 3, 4, 5, 6, 7, 8
Building Code Compliance Coordinator 1, 2, 3, 4, 5, 6, 7, 8 Building Code Compliance Inspector 1, 2, 3, 4, 5, 6, 7, 8 Chief Building Official 1, 2, 3, 4, 5, 6, 7, 8
Economic & Community Development Director 1, 2, 3, 4, 5, 6, 7, 8 Economic Development Manager 1, 2, 3, 4, 5, 6, 7, 8
City Council/RSA Agenda 80 Tuesday, October 24, 2023
3 Environmental Programs Inspector 1, 2, 3, 4, 5, 6, 7, 8 Environmental Programs Manager 1, 2, 3, 4, 5, 6, 7, 8
Housing & Community Development Manager 1, 2, 3, 4, 5, 6, 7, 8 Planning Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Building Inspector 1, 2, 3, 4, 5, 6, 7, 8
Senior Planner 1, 2, 3, 4, 5, 6, 7, 8
Finance Department
Accountant 1, 2, 3, 4, 5, 6, 7, 8
Budget Manager/Purchasing Agent 1, 2, 3, 4, 5, 6, 7, 8
Finance Director See Appendix “A”
Management Analyst I/II/III 1, 2, 3, 4, 5, 6, 7, 8
Revenue Collections Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Accountant 1, 2, 3, 5, 6, 7, 8
Supervising Accountant 1, 2, 3, 5, 6, 7, 8
Human Resources (moved from CMO)
Chief Human Resources Officer 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Analyst I/II 1, 2, 5, 6, 7, 8
Human Resources Manager 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Director 1, 2, 3, 4, 5, 6, 7, 8
Information Technology (moved from CMO)
Cyber Security Manager 1, 2, 3, 4, 5, 6, 7, 8
Information Technology Director 1, 2, 3, 4, 5, 6, 7, 8
Senior Systems Analyst 1, 2, 3, 4, 5, 6, 7, 8
Web and Database Administrator 1, 2, 3, 4, 5, 6, 7, 8
Police
Deputy Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Captain 1, 2, 3, 4, 5, 6, 7, 8
Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Lieutenant 1, 2, 3, 4, 5, 6, 7, 8
Police Sergeant 1, 2, 5, 6, 7, 8
Public Works
City Engineer 1, 2, 3, 4, 5, 6, 7, 8
Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7, 8
Public Works Director 1, 2, 3, 4, 5, 6, 7, 8
Public Works Fleet Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Grounds Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Streets Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Superintendent 1, 2, 3, 4, 5, 6, 7, 8
Supervising Construction Inspector 1, 2, 3, 4, 5, 6, 7, 8 Transit Manager 1, 2, 5, 6, 7, 8
Successor Agency to the Community Redevelopment Agency
Chairperson 1, 2, 3, 4, 5, 6, 7, 8
Board Members 1, 2, 3, 4, 5, 6, 7, 8
Executive Director (City Manager) 1, 2, 3, 4, 5, 6, 7, 8 Secretary (City Clerk) 1, 2, 3, 4, 5, 6, 7, 8
Treasurer (Finance Director) 1, 2, 3, 4, 5, 6, 7, 8
City Council/RSA Agenda 81 Tuesday, October 24, 2023
4 Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written description of the consultant’s duties should be submitted to and reviewed by the City Manager and, based upon that description, the City Manager should determine in writing the extent of the particular consultant’s disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

City Council/RSA Agenda 82 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: RESOLUTION APPROVING AMENDMENT NO. 3 TO CONTRACT NO. 5774, THE POST-RETIREMENT EMPLOYMENT AGREEMENT WITH

RETIRED ANNUITANT LOLA TAPIA
Staff recommends that the City Counciladopt the attached resolution approving Amendment No. 3 to Contract No. 5774, the post-retirement employment agreement with retired annuitant Lola Tapia. This employment agreement allowed the City to hire retired annuitant Lola Tapia on a limited and temporary basis to perform services that require specialized skills while the City completes the transfer of information to current staff and the new Senior Accountants. This resolution approves an extension through December 31, 2024, and increases the hourly pay rate effective October 30, 2023, in conformance with the recently-approved equity salary adjustments. The resolution also authorizes the hourly rate for Ms. Tapia to be changed commensurately with any future salary changes to the position of Senior Accountant that may be approved by resolution of the City Council.

STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan.

BACKGROUND
On July 15, 2021, Lola Tapia, Senior Accountant, retired from the City of Union City's workforce, thus becoming a CalPERS retired annuitant. Ms. Tapia possesses specialized skills needed to perform certain work that the City must carry out as information is transferred to current and recently-hired employees. Ms. Tapia also possesses knowledge that will need to be documented and transferred to other staff related to payroll processing and other specific, detailed accounting functions.

The nature of Ms. Tapia's extension continues to be as an extra help retired annuitant. She will continue to assist current staff as needed to learn the complicated and detailed tasks associated with payroll processing and City Council/RSA Agenda 83 Tuesday, October 24, 2023
certain general ledger accounting work. Additionally, she will use her specialized skills to assist City staff in the conversion from the Tyler Eden system to the new Tyler Munis ERP. As a CalPERS extra help retired annuitant, she will perform work of limited duration (no more than 960 hours per fiscal year) including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, this limited term special project relates to the elimination of backlog, the transfer and documentation of knowledge related to the City’s payroll and accounting functions, and the conversion to the new Tyler Munis ERP, for which Ms. Tapia is the only person qualified.

DISCUSSION
Retired Annuitant Lola Tapia has been assisting City staff for the past two years with several special projects such as the restoration of the City’s electronic timesheet function which was compromised as a result of the ransomware attack, payrollaudits and other tasks. Now she is working with the two new Senior Accountants to help train them and transfer her extensive knowledge in payrolland other accounting tasks to them, as wellas helping the City prepare for and implement the new Munis ERP. City Council’s approval of the attached resolution willallow Ms. Tapia to continue to provide extra help to the City, as needed, through the end of calendar year 2024. The resolution also approves an increase in Ms. Tapia’s hourly rate from $58.99 to $64.89, effective October 30, 2023, in accordance with the current salary pay table for PEG positions. Additionally, this resolution authorizes future salary changes to be implemented automatically, commensurate with any changes to the salary range for the position of Senior Accountant that may be made during the period of October 30, 2023 through December 31, 2024 by resolution of the City Council, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
Funding for this Amendment No. 3 to Contract No. 5774 were included in the FY 2023-2024 and FY 2024- 2025 biennial budget.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution approving Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement with retired annuitant Lola Tapia.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Resolution Resolution
Amendment No. 3 to Contract No. 5774 Attachment
City Council/RSA Agenda 84 Tuesday, October 24, 2023
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 3 TO CONTRACT NO. 5774, THE POST- RETIREMENT

EMPLOYMENT AGREEMENT WITH RETIRED ANNUITANT LOLA TAPIA

WHEREAS, Lola Tapia retired from the City of Union City in the position of Senior Accountant on July 15, 2021; and
WHEREAS, on August 10, 2021, the City Council adopted Resolution No. 5818-21, appointing Lola Tapia as an extra help retired annuitant to perform the duties of the Extra Help Senior Accountant for the City of Union City under Government Code Section 21224, effective August 11, 2021; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement and to increase the salary rate, effective October 30, 2023, in accordance with the current PEG salary table; and
WHEREAS, the City desires to extend the term of said appointment through December 31, 2024, in order to allow Ms. Tapia to continue to assist with special projects, the conversion of the City’s financial accounting software to Tyler Munis, and the transfer of knowledge to the current Senior Accountants; and
WHEREAS, this Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement between Lola Tapia and the City of Union City (Attachment No. 1), has been reviewed by this body and is attached herein; and
WHEREAS, the continued employment shall be limited to 960 hours per fiscal year for all CalPERS employers for which retired annuitant Lola Tapia may work; and City Council/RSA Agenda 85 Tuesday, October 24, 2023
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and WHEREAS, the minimum base salary for this position or its equivalent is $9,255 per month, and the hourly equivalent is $53.39, and the maximum base salary for this position or its equivalent is $11,247 per month, and the hourly equivalent is $64.89; and WHEREAS, the hourly rate paid to Lola Tapia will be $64.89, effective October 30, 2023; and
WHEREAS, Lola Tapia has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed during the period of October 30, 2023 through December 31, 2024, a commensurate change to the pay for Annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, extending the term through December 31, 2024, and increasing the hourly rate to $64.89 in accordance with the current salary pay table for PEG positions which became effective on August 7, 2023.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 86 Tuesday, October 24, 2023
ATTESTED: APPROVED AS TO FORM:
_________________________ _____________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
.

City Council/RSA Agenda 87 Tuesday, October 24, 2023

AMENDMENT NO. 3 TO CONTRACT NO. 5774,

THE POST-RETIREMENT EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement (“Amendment”), is entered into this 24th day of October 2023, by and between the City of Union City (“City”) and Lola Tapia (“Lola Tapia” or “Annuitant”), collectively referred to as “Parties.”

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into a Post-Retirement Employment Agreement, Contract No. 5774 (Exhibit No.1), for Ms. Tapia to serve as an extra help retired annuitant; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774 (Exhibit No. 2), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774 (Exhibit No. 3), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement and to increase the salary rate in accordance with the current PEG salary table; and
WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed during the period of October 30, 2023 through December 31, 2024, a commensurate change to the pay for Annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position; and
WHEREAS, the Parties desire to enter into this Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2024.

City Council/RSA Agenda 88 Tuesday, October 24, 2023

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Sixty-Four Dollars and Eighty-Nine Cents ($64.89) per hour, effective October 30, 2023. Annuitant shall receive no other payment, benefit, or remuneration other than the hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

3. FUTURE COMPENSATION. If at any time between October 30, 2023, and December 31, 2024, the salary range for Senior Accountant is changed by resolution of the City Council, the pay for Annuitant Lola Tapia will be changed commensurately effective the same date as the effective date of such change in the salary range for the Senior Accountant position.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, to be executed on the dates hereinafter respectively set forth.

Annuitant:

Dated: _______________________ By: _____________________________ Lola Tapia
Retired Annuitant
City Manager:

Dated: _______________________ By: _____________________________ Joan Malloy
City Manager
Attested:
_____________________________
Anna M. Brown
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 89 Tuesday, October 24, 2023
City Council/RSA Agenda 90 Tuesday, October 24, 2023
City Council/RSA Agenda 91 Tuesday, October 24, 2023
City Council/RSA Agenda 92 Tuesday, October 24, 2023
City Council/RSA Agenda 93 Tuesday, October 24, 2023
City Council/RSA Agenda 94 Tuesday, October 24, 2023
City Council/RSA Agenda 95 Tuesday, October 24, 2023
City Council/RSA Agenda 96 Tuesday, October 24, 2023
City Council/RSA Agenda 97 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO ACCEPT COMPLETION OF THE OLD

ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY
PROJECT NO. 21-13
Staff recommends that the City Council adopt a resolution accepting completion of the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
On April 26, 2022, the City Council adopted Resolution No. 5924-22 awarding a construction contract to Guerra Construction Group, in the amount of $1,014,111, for the Old Alvarado/Cesar Chavez Parks Improvement Project. The contractor has completed the project in accordance with project plans and specifications, and on July 11, 2023, the City held a park ribbon-cutting and re-opening ceremony.

DISCUSSION
The Old Alvarado/Cesar Chavez Parks Improvement Project made several improvements that include:

1. ADA/handicap access to all park amenities and pathways.

2. New recreation areas -- half basketballcourt and full volleyballcourt.

3. New decorative lighting fixtures.

City Council/RSA Agenda 98 Tuesday, October 24, 2023

4. New age-appropriate playground equipment and sustainable surfacing.

5. Updated park picnic areas with new barbeques, shade sails, shade structure, tables, and benches.

The project was substantially complete in April 2023 and all final project punch-list items have been resolved with the contractor. The finalconstruction cost for the project is $1,148,812.32, which is $134,701.32 (13.28%) above the original construction contract amount. This increase is due to additional quantities in original bid items and one change order to address five dangerously deteriorated light post foundations that posed safety hazards to the public.

FISCAL IMPACT
Funding for the construction phase of this project was a combination of the funding shown below:

The 2022-2023 CDBG funding amount was understood to be a projection only, and Resolution No. 5924-22 provided for an alternate funding source should the actual CDBG award be less than projected. When the amount of FY 2022-2023 CDBG funds received was, in fact, less than projected and created a project funding shortfall of $132,820, the City Council approved Resolution No. 6055-22 on December 13, 2022, addressing the shortfall in the amount of $162,820. Subsequently, when unanticipated emergency repairs to the five deteriorated light posts necessitated Change Order No.1, the City Council approved Resolution No. 6090-23 on February 28, 2023, transferring additional funds in the amount of $87,180 to address the public safety issue.

Construction Contract Amount Invoiced 1,069,584.52
Change Orders 79,227.80
Total Construction Phase Cost $1,148,812.32
The overall cost of construction is within the final project construction budget and sufficient funds are available for the requested City Councilaction.

City Council/RSA Agenda 99 Tuesday, October 24, 2023

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, and authorizing the release of the retention payment, in the amount of $57,440.62, to Guerra Construction Group.

Prepared by:

Trieu Tran, Civil Engineer III
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A - Certificate of Completion Exhibit
Exhibit B- Notice of Completion Exhibit
City Council/RSA Agenda 100 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ACCEPTING COMPLETION OF THE OLD ALVARADO/CESAR CHAVEZ
PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13
WHEREAS, on April 26, 2022, the City Council adopted Resolution No. 5924- 22 awarding a construction contract to Guerra Construction Group of Santa Clara, California, in the amount of $1,014,111, for the Old Alvarado/Cesar Chavez Parks Improvement Project; and
WHEREAS, the Old Alvarado/Cesar Chavez Parks Improvement Project made several improvements that include:

1. ADA/handicap access to all park amenities and pathways.

2. New recreation areas with a half basketball court and full volleyball court.

3. Replacement of park lighting with new decorative lighting fixtures.

4. Removing and replacing aging playground equipment and surfaces (sand) with age-appropriate equipment and sustainable surfacing.

5. Improving the existing park picnic areas with new barbeques, shade sails, shade structure, tables, and benches; and
WHEREAS, the project was substantially complete in April 2023 and all final project punch-list items have been resolved with the contractor; and WHEREAS, The final construction contract cost for the project work is $1,148,812.32, which is $134,701.32 (13.28%) above the original contract amount. This increase was due to additional quantities in original bid items and one change order to address five existing light post foundations within the parks that were dangerously deteriorated, leading staff to recommend adding new foundations and all associated work so that the five posts and lighting fixtures were no longer safety hazards to the public; and City Council/RSA Agenda 101 Tuesday, October 24, 2023
Resolution XXXX-23

WHEREAS, the project was funded through a combination of funding shown below:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the improvements, in the final amount of $1,148,812.32, for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, as described in the Certificate of Completion, attached as Exhibit A; and BE IT FURTHER RESOLVED that the City Clerk of the City of Union City be directed to record the Notice of Completion, attached as Exhibit B, with the Office of the County Recorder of Alameda County, California; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorize the City to make a final retention payment, in the amount of $57,440.62, to Guerra Construction Group for the completion of improvements of City Project No. 21-13 in accordance with the plans and specifications on file at the Office of the Public Works Director.

Funding Source
2021-2022
CDBG
Funds
Special
Parks Fund
Prop 68
Grant
Funds
Prop 68
City Match
2022-2023
CDBG Funds
Transfer
from
Kennedy
Parking Lot
Rehab
Project
Grand Total
Construction
Budget
Account Number
(2310-3199-
99999-
54111)
(2550-3199-
92113-
54111)
(2550-3199-
92113-
54111)
(2550-3199-
92113-
54111)
(2310-3199-
99999-54111)
(2310-3199-
99999-54111)
Construction
Contract 2,144 250,000 222,820 52,180 486,967 1,014,111 Construction
Contingency 43,607 43,607
Design Support
Contingency 25,556 25,556
Subtotal prior to
Construction 2,144 250,000 222,820 52,180 556,130 1,083,274 2022-203 CDBG
Fund Shortall (132,820) (132,820)
Resolution 6055-22
162,820 162,820
Resolution 6090-23
87,180 87,180
Grand Total
Construction
Budget 2,144 250,000 222,820 52,180 423,310 250,000 $1,200,454 City Council/RSA Agenda 102 Tuesday, October 24, 2023
Resolution XXXX-23

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 103 Tuesday, October 24, 2023

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT

PROJECT,
CITY PROJECT NO. 21-13
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That the project consisted of improving ADA/handicap access to the parks, upgrading park amenities, and replacing aging playgrounds and play surfaces; and b. That the contract agreement was approved by the City Council on April 26, 2022, in the amount of $1, 014,111; and
c. That the adopted and approved plans and specifications have been changed in the following respects:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Project Total Invoiced $ 1,069,584.52
1 Change order items (light post foundations, 5) $ 79,227.80 Total Construction Contract Cost to City $ 1,148,812.32 d. That the work performed has been done in accordance with such plans and specifications. e. That Guerra Construction Group, performed the work at a total cost of $1,148,812.32, including the above noted contract change description.
f. That the Final retention amount of $57,440.62 will be released after 35 days from the project’s acceptance.

Dated: ___________________________________
MARILOU AYUPAN, P.E.

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 104 Tuesday, October 24, 2023
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)

NOTICE OF COMPLETION

AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT
PROJECT, CITY PROJECT NO. 21-13
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 24th day of October, 2023, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to Guerra Construction Group of Santa Clara, CA and entered into on April 26, 2022, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City.

That said park access improvements and new playgrounds and picnic amenities installed at Old Alvarado Park and Cesar Chavez Park were accepted by the Public Works Director of the City of Union City on the 24th day of October, 2023, and that the name of the surety on the Contractor's bond for labor and materials on said contract is The Gray Insurance Company.

That the following work has been completed: Old Alvarado/Cesar Chavez Parks Improvement Project, consisting of ADA/disabled access improvements, picnic area upgrades, playground and play surface replacement, installation of new park amenities, and construction of two new recreation sports areas.

Dated: , 2023. ___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

The City of Union City
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
WHEN RECORDED MAIL TO:

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 105 Tuesday, October 24, 2023
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (GOVT. CODE 27361.6 )

STATE OF CALIFORNIA )
)

COUNTY OF ALAMEDA )
MARILOU AYUPAN, being first duly sworn, deposes and says:

That she is the duly appointed Public Works Director of the City of Union City, California; that she has read the foregoing Notice of Completion and Notice of Acceptance and knows the contents thereof, and that the same is true of her own knowledge except as to the matters therein stated on her own information and belief, and as to those matters that she believes it to be true. ___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR
Subscribed and sworn to before me
this day of __________, 2023.
____________________________________________
Notary Public in and for the City of Union City,
County of Alameda, State of California
City Council/RSA Agenda 106 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING $396,818 FROM CALIFORNIA

DEPARTMENT OF TRANSPORTATION (CALTRANS), CLEAN

CALIFORNIA LOCAL GRANT PROGRAM (STATE) TO FUND UNION
CITY TRANSIT’S BUS SHELTER EXPANSION PROJECT, CITY PROJECT NO. 23-07, AMENDING THE FY 2023-2024 CAPITAL PROJECT FUNDS BUDGET, TRANSFERRING $37,576 IN PREVIOUSLY RECEIVED

CALIFORNIA STATE TRANSIT ASSISTANCE-STATE OF GOOD REPAIR

FUNDS IN THE PARATRANSIT FUND TO THE CAPITAL PROJECTS

FUND, AND AUTHORIZING THE CITY MANAGER TO SIGN THE

REQUIRED GRANT FUNDING AGREEMENTS, IN A FORM APPROVED

BY THE CITYATTORNEY
Staff recommends that the City Council adopt a resolution accepting $396,818 from California Department of Transportation (Caltrans), Clean California Local Grant Program (State) to fund Bus Shelter Expansion Project, City Project No. 23-07, amending the FY 2023-2024 Capital Project Funds budget, transferring $37,576 in previously received California State Transit Assistance-State of Good Repair funds in the Paratransit Fund to the Capital Projects Fund, and authorizing the City Manager to sign the required grant funding agreements, in a form approved by the City Attorney.

STRATEGIC PLAN ALIGNMENT
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
On August 15, 2023, the California Department of Transportation (Caltrans) District 4 (San Francisco Bay Area) Office of Local Assistance reached out to all the transit agencies within its jurisdiction advising of a quick built grant opportunity through the Clean California (Clean CA) Transit Initiative. Applications were due City Council/RSA Agenda 107 Tuesday, October 24, 2023
to Caltrans, District 4, by August 31, 2023, for consideration with an initialaward announcement scheduled for September 11, 2023.

The primary objectives of the grant opportunity are to:

Enhance the cleanliness and appeal of railand bus stations, elevating various public transit systems.

Provide improvements such as art installations, landscaping, and other enhancements that contribute to creating a more positive and attractive commuting environment.

Foster more inviting transit facilities with the aim of increasing public transit usage, accessibility, and climate-friendly transportation options.

In addition to the primary objectives, proposals that focus on implementing the objectives in SB 535 Disadvantaged Communities would receive closer review. In Union City, Union City Transit’s five (5) bus routes all serve Union City’s only SB 535 Disadvantaged Community.

The grant requires the awarded project be implemented and constructed by December 31, 2024.

DISCUSSION
Union City Transit submitted a proposal by the August 31, 2023, deadline with the following project description:

Install seventeen (17) new bus pads and bus shelters (including bench & trash can) equipped with solar lights and solar powered real-time arrival information signs at bus stops that currently only have a bus stop sign and no amenities.

Twelve (12) of the new locations are all within or along the edge of Union City’s SB 535 Disadvantaged Community boundary; the other five (5) are along the primary route serving Union City’s SB 535 Disadvantaged Community northern boundary.

An additional six (6) real-time arrival information displays are to be installed at existing shelters in Union City’s SB 535 Disadvantaged Community southern boundary.

Seven (7) static information display signs are to be installed at existing shelters in Union City’s SB 535 Disadvantaged Community southern and northern boundary.

Bus shelter installations would serve all five (5) of Union City Transit’s bus lines and its microtransit service, the Union City Flea (Flexible, Local, Easy, Access).

The original submitted proposal was in the amount of $396,656 using unit prices for bus shelters, electronic signs, and related amenities from the California Association for Coordinated Transportation (CalACT) consortium procurement 21-01 through the Morongo Basin Transit Authority (MBTA/Basin Transit).

On October 9, 2023, Union City Transit was informed that they would be receiving a grant award in the amount of $396,818 and was provided a Caltrans Restrictive Grant Agreement (RGA), Agreement Number 04-TRANSIT-15, to be executed by the City of Union City in order to proceed with receiving the funding.

No matching funds are required as part of receiving this grant. However, Union City Transit has received California State Transit Assistance – State of Good Repair (STA-SGR) funds in Fiscal Years 2019-2020 and 2021-2022 (FY 19-20 & FY 21-22) for the purpose of bus stop improvements in the amount of $37,576.

City Council/RSA Agenda 108 Tuesday, October 24, 2023
These funds are insufficient to make significant bus shelter improvements, but, when combined with the Clean California Funding, will allow Union City Transit to make significant improvements. These funds have already been programmed to Union City Transit by the Metropolitan Transportation Commission (MTC).

FISCAL IMPACT
Union City Transit’s Bus Shelter Expansion Project, City Project No. 23-07, totaling $434,394, will be funded with $396,818 from the California Department of Transportation (Caltrans), Clean California Local Grant Program Funds, and $37,576 from the California State Transit Assistance – State of Good Repair (STASGR) funds, which has already been programmed to Union City Transit for bus shelter improvements by the Metropolitan Transportation Commission (MTC).

There is no matching requirements for these State funds.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:

1. Accepting $396,818 from the California Department of Transportation (Caltrans), Clean California Local Grant Program (State), to fund the Bus Shelter Expansion Project, City Project No. 23-07; and

2. Amending the FY 2023-2024 Capital Projects Fund revenue budget by increasing the revenue projections in Account Number 4100-92307-44171 (Capital Projects Fund – Bus Shelter Expansion Project – Miscellaneous State Grants (Caltrans Clean California Program) by $396,818; and

3. Transferring $37,576 of California State Transit Assistance - State of Good Repair funds from Fund 5120 to Fund 4100 for the Bus Shelter Expansion Project, City Project No. 23-07; and

4. Amending the FY 2023-2024 Capital Projects Fund expenditure budget by appropriating $434,394 to Account Number 4100-3141-92307-54111 (Capital Projects Fund – Transit – Bus Shelter Expansion Project – Contractual Services); and

5. Authorizing the City Manager to sign the required grant funding agreements, in a form approved by the City Attorney.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Clean CA Grant Application Attachment
Resolution Resolution
Exhibit A - Clean CA Grant Agreement Exhibit
City Council/RSA Agenda 109 Tuesday, October 24, 2023

CLEAN CA TRANSIT PROJECT PROPOSAL
1 PROJECT DESCRIPTION

1.1 PROJECT INFORMATION

CALTRANS

DISTRICT

PROJECT TITLE AGENCY NAME AGENCY

CONTACT
NAME
PHONE
NUMBER

EMAIL ADDRESS
4 Bus Shelter
Expansion
City of Union City
– Union City Transit
Steve Adams,
Transit Mgr.
510.675.5446 [email protected]

1.2 PROJECT DESCRIPTION
Install seventeen (17) new bus pads and bus shelters (including bench & trash can) equipped with solar lights and solar powered real-time arrival information signs at bus stops that currently only have a bus stop sign and no amenities. Twelve (12) of the new locations are all within or along the edge of Union City’s SB 535 Disadvantaged Community boundary; the other five (5) are along the primary route serving Union City’s SB 535 Disadvantaged Community northern boundary. An additional six (6) real-time arrival information displays are to be installed at existing shelters in Union City’s SB 535 Disadvantaged Community southern boundary. A further additional seven (7) static information displays are to be installed at existing shelters in Union City’s SB 535 Disadvantaged Community southern and northern boundary. Bus shelter installations would serve all five (5) of Union City Transit’s bus lines and its microtransit service, the Union City Flea (Flexible, Local, Easy, Access).

1.3 PURPOSE AND NEED
Union City Transit repeatedly puts in its Short Range Transit Plans (Attachment E) that it will install bus shelters around its service area to increase the visibility of the service and offer shelter to its regular riders. Unfortunately, funding has always been an issue and increases in operating costs along with increased costs to procure electric transit vehicles is impacting Union City Transit’s ability to deliver. On July 1, 2024, Union City Transit will be celebrating its 50th Anniversary, later in the year it is scheduled to take delivery of its first electric fixed-route buses, and it would be a great gesture to the customers to start providing new shelters with lighting and real-time information as well.

See Attachment B for a photo of each bus stop included as part of this project funding request.

1.4 MAP
See Attachment A for two (2) maps depicting Union City Transit’s service area and where the bus routes intersect the SB 535 Disadvantaged Community.

1.5 COST
Project Phase Estimated Cost (x1,000)

ENVIRONMENTAL
DESIGN
R/W
CONSTRUCTION $396.6
TOTAL $396.6
City Council/RSA Agenda 110 Tuesday, October 24, 2023

1.6 SCHEDULE
Milestone Completion Date
R/W Clearance (If Applicable)
Environmental Clearance (If Applicable)
Advertise Contract(s)
Contract Award(s) October 24, 2023
Project Completion September 27, 2024
Project Close-out October 22, 2024
End Project November 29, 2024

1.7 KNOWN CONCERNS OR RISKS
Known environmental concerns or risks
No
Yes
Known right-of-way concerns or risks
No
Yes
2 EVALUATION CRITERIA ALIGNMENT

2.1 EVALUATION CRITERIA ALIGNMENT
Union City Transit believes it is meeting multiple categories in the evaluation criteria by placing shelters along its high usage corridors within its SB 5353 Disadvantaged Community with waste receptacles at each stop. Each stop will be higher visibility because of the real-time information displays and the selection of new colors from Union City’s uniform branding guide from 2016. Union City Transit also believes that it is fulfilling overdue goals of providing bus shelter cleanliness and improved amenities as outlined in its last Short Range Transit Plan (Attachment E) that were based on rider feedback.
3 COMMUNITY ENGAGEMENT

3.1 COMMUNITY ENGAGEMENT INFLUENCE
Union City Transit also believes that it is fulfilling overdue goals of providing bus shelter cleanliness and improved amenities as outlined in its last Short Range Transit Plan (Attachment E) that were based on rider feedback. No current community feedback has been solicited as Union City Transit has been ramping up to start a new Short Range Transit Plan, but has been short-staffed to begin the process.

City Council/RSA Agenda 111 Tuesday, October 24, 2023

4 UNDERSERVED or HISTORICALLY EXCLUDED COMMUNITIES

4.1 ANALYSIS
Is the project located in an underserved or
historically excluded community?
Yes
No
partially located in an underserved community
List the communities:
• Underserved Community
What was the basis for determining if any part of project is located in an historically excluded community: (only check a box if in or partially in an historically excluded community) a. Median Household Income
b. CalEnviroScreen 4.0
c. Free or Reduced-Price School Meals
d. Healthy Places Index
e. Native American Tribal Lands
f. Other

4.2 BENEFITS TO UNDERSERVED or HISTORICALLY EXCLUDED COMMUNITY Twelve (12) of the requested complete bus shelter locations are all located in Union City’s SB 535 Disadvantaged Community. Five (5) of the six (6) additional real-time information displays are located in Union City’s SB 535 Disadvantaged Community. Four (4) of the seven (7) additional static information displays are located in Union City’s SB 535 Disadvantaged Community. The emphasis on Union City’s SB 535 Disadvantaged Community is the result of all five (5) bus routes serving the area.
5 LETTER OF SUPPORT

5.1 LETTER OF SUPPORT
See Attachment C.
6 ADDITIONAL ATTACHMENTS

6.1 SUPPLEMENTAL MATERIALS
Attachment A: Project Location Map
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-13) Attachment C: Letter of Support
Attachment D: Budget Estimate (Revised 2023-09-13)
Attachment E: Short Range Transit Plan (Focus on Sections 2 and 7) City Council/RSA Agenda 112 Tuesday, October 24, 2023

Prepared by:

Steve Adams
Transit Manager
City of Union City –
Union City Transit
Date
Approval Recommended by:

District Clean California
Coordinator
Date
Approved by:

Clean California Program Director Date
09/15/2023
City Council/RSA Agenda 113 Tuesday, October 24, 2023
Attachment A: Project Location Map
Bus Routes and Microtransit Service
City Council/RSA Agenda 114 Tuesday, October 24, 2023
Attachment A: Project Location Map

Bus Routes in or on the edge of SB 535 Disadvantaged Community City Council/RSA Agenda 115 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)
Bus Stops in or on the edge of SB 535 Disadvantaged Community Westbound/OB – Alvarado-Niles Road (ANR)

1. ANR & CENTRAL (Far Side, Currently AC Transit stop)

2. ANR & USPS (Mid-Block, Currently a concrete bench)
City Council/RSA Agenda 116 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

3. ANR & DOWE (Far Side, Currently landscaping)

4. ANR & MEDALLION (Far Side, Currently a bench in the dirt) City Council/RSA Agenda 117 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Eastbound/IB – Alvarado-Niles Road (ANR)

5. ANR & DOWE (Need to Relocate to Far Side in Landscaping past Mexico Tipico) Relocation spot across the street
City Council/RSA Agenda 118 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

6. ANR & WESTERN (Far Side, Currently dirt)
City Council/RSA Agenda 119 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Westbound/OB – Whipple Road

7. WHIPPLE & ITHACA (Far Side, Currently in front of 7-Eleven) City Council/RSA Agenda 120 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Eastbound/IB – Whipple Road

8. WHIPPLE & AMARAL (Far Side, Currently landscaped with dirt slope against fence requiring reinforcement wall)

9. WHIPPLE & HUNTWOOD (Far Side, Currently landscaped with dirt slope against fence requiring reinforcement wall)
City Council/RSA Agenda 121 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

10. WHIPPLE & HAYMAN (Mid-Block, Currently landscaping) City Council/RSA Agenda 122 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Southbound/IB – Mission Blvd

11. MISSION & TAMARACK (Far Side, Currently landscaping) Northbound/OB – Mission Blvd

12. MISSION & WHIPPLE (Far Side, Currently concrete retaining wall) City Council/RSA Agenda 123 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Bus Stops outside of SB 535 Disadvantaged Community
Westbound/OB – Whipple Road

13. WHIPPLE & DYER (Far Side, Currently landscaping)

14. WHIPPLE & AHERN (Far Side, Currently landscaping)
City Council/RSA Agenda 124 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

15. WHIPPLE & KOHOUTEK (Nearside, Currently dirt)
City Council/RSA Agenda 125 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Eastbound/IB – Whipple Road

16. WHIPPLE & KOHOUTEK (Far Side, Currently landscaped)

17. WHIPPLE & DYER (Nearside, Currently landscaped)
City Council/RSA Agenda 126 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Bus Stops real-time information and information displays in or on the edge of SB 535 Disadvantaged Community
Westbound/OB – Alvarado-Niles Road (ANR)

1. ANR & WESTERN (Far Side)

2. ANR & HOP RANCH (Far Side)
City Council/RSA Agenda 127 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

3. ANR & ALMADEN (Nearside)
City Council/RSA Agenda 128 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Eastbound/IB – Alvarado-Niles Road (ANR)

4. ANR & SANTA MARIA (Far Side, Outside of SB 535 Zone)

5. ANR & ALMADEN (Far Side)
City Council/RSA Agenda 129 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

6. ANR & HOP RANCH (Nearside)
City Council/RSA Agenda 130 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Bus Stops information displays only in or on the edge of SB 535 Disadvantaged Community
Westbound/OB – Alvarado-Niles Road (ANR)

1. ANR & DECOTO (Nearside, Outside of SB 535 Zone)

2. ANR & MEYERS (Far Side, Outside of SB 535 Zone)
City Council/RSA Agenda 131 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

3. ANR & H (Far Side, Outside of SB 535 Zone)
City Council/RSA Agenda 132 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Eastbound/IB – Alvarado-Niles Road (ANR)

4. ANR & ALMADEN (Far Side)

5. ANR & CENTRAL (Far Side)
City Council/RSA Agenda 133 Tuesday, October 24, 2023
Attachment B: Existing site photos, and preliminary design information (Revised 2023-09-15)

Eastbound/IB – Whipple Road

6. WHIPPLE & MEDALLION (Nearside)

7. WHIPPLE & RAILROAD (Nearside)
City Council/RSA Agenda 134 Tuesday, October 24, 2023
Attachment C: Letter of Support
City Council/RSA Agenda 135 Tuesday, October 24, 2023
DISTRICT 4
P.O. BOX 23660, MS–1A | OAKLAND, CA 94623-0660
(510) 286-5900 | FAX (510) 286-6301 | TTY 711
www.dot.ca.gov
Walter Yu
Clean CA Program Director
Department of Transportation
1120 N St.

Sacramento, CA 95814
August 31, 2023
Markus Lansdowne
Caltrans District 4 Clean California Manager
111 Grand Avenue, Oakland CA 94612
Subject: Letter of Support for Union City Transit Clean CA Transit Initiative Project Proposal
Dear Mr. Yu,
I am writing on behalf of Caltrans District 4 to express our enthusiastic endorsement and support for Union City Transit project proposal submitted as part of the Clean CA Transit Initiative. This initiative, focused on enhancing public transit infrastructure and addressing key challenges, is a testament to the dedication of Union City Transit to improving the transit experience within our district.

Having thoroughly reviewed the project proposal, we are pleased to acknowledge that it aligns exceptionally well with the initiative's goals and the established qualitative evaluation criteria. Union City Transit has demonstrated a comprehensive understanding of the importance of enhancing public spaces, promoting equity, implementing sustainable practices, and prioritizing active transportation within our community.

The proposal's emphasis on bus shelter expansion. In addition, the proposed project will install twenty-two new bus pads and bus shelters (including bench & trash can) equipped with solar lights and solar powered real-time arrival information. Sixteen out of twenty-two bus pads are located all within the edge of Union City’s SB 535 Disadvantaged Community. Union City Transit is taking a proactive approach to create a more inviting and attractive transit environment for our riders. This not only addresses our district's unique challenges in waste management and graffiti but also contributes to the overall improvement of public transit facilities in alignment with the Clean CA Transit Initiative.

City Council/RSA Agenda 136 Tuesday, October 24, 2023
Based on the comprehensive evaluation of Union City Transit project proposal, it is evident that the proposed project is well-conceived, feasible, and poised to make a significant positive impact on our public transit system. We are confident in the Union City Transit ability to execute the project within the specified timeline and milestones, resulting in the creation of more vibrant, accessible, and climate-friendly transit stations and bus stops.

Caltrans District 4 is fully committed to supporting Union City Transit to enhance public transit infrastructure within our district. The proposed project's alignment with the Clean CA Transit Initiative guidelines and qualitative evaluation criteria further solidifies our endorsement and confidence in its potential success.

We commend Union City Transit for its proactive approach and dedication to creating a more welcoming and attractive transit environment for our community. We look forward to the positive impact that this project will undoubtedly bring to our district.

Please do not hesitate to reach out if you require any further information or assistance regarding the proposed project or the Clean CA Transit Initiative.

Sincerely,
Markus Lansdowne
Caltrans District 4 Clean California Manager
111 Grand Avenue, Oakland CA 94612
cc: Walter Yu, Clean CA Program Director
Dallia Foster, Clean CA Program Manager
Chanta Apodaca, Clean CA Strategic Coordinator
City Council/RSA Agenda 137 Tuesday, October 24, 2023
Attachment D: Budget Estimate (Revised 2023-09-15)
Total Estimated Project Costs
Row Item Unit Cost Units Total
1 Bus Shelter with solar light, bench, and trash receptacle $7,580.00 17 $128,860.00 2 Bus Shelter Rear Wall Map Cases $545.00 30 $16,350.00 3 Bus Shelter 24" WaySine Real-Time Arrival Sign $7,500.00 23 $172,500.00 4 Tax on Rows 1-3 @ 10.75% $35,071.88 1 $34,153.83
5 Freight on Rows 1-3 $4,950.00 1 $4,950.00
6 CalACT/MBTA Consortium Procurement Fee 2.5% $8,156.25 1 $7,942.75 7 Bus Shelter Bus Pad Installation (Time & Materials) $1,200.00 17 $20,400.00 8 Bus Shelter WaySine Installation and Programming $500.00 23 $11,500.00 9 Total Estimated Project Cost $396,656.58
City Council/RSA Agenda 138 Tuesday, October 24, 2023
Attachment E: Short Range Transit Plan (Focus on Sections 2 and 7) City Council/RSA Agenda 139 Tuesday, October 24, 2023
May 2013
Union City Transit
Short Range Transit
Plan
FY 2013-2022
City Council/RSA Agenda 140 Tuesday, October 24, 2023
SHORT RANGE TRANSIT PLAN | MAY 2013
City of Union City
Nelson\Nygaard Consulting Associates Inc. | i

SHORT RANGE TRANSIT PLAN
FY2013-2022
Adopted on May 14, 2013 by the City Council of the City of Union City through Resolution 4443-

13. Federal transportation statutes require that the Metropolitan Transportation Commission (MTC), in partnership with state and local agencies, develop and periodically update a long-range Regional Transportation Plan (RTP), and a Transportation Improvement Program (TIP) which implements the RTP by programming federal funds to transportation projects contained in RTP.

In order to effectively execute these planning and programming responsibilities, MTC requires that each transit operator in its region which receives federal funding through the TIP, prepare, adopt, and submit to MTC a Short Range Transit Plan (SRTP).

City Council/RSA Agenda 141 Tuesday, October 24, 2023
SHORT RANGE TRANSIT PLAN | MAY 2013
City of Union City
Nelson\Nygaard Consulting Associates Inc. | 2-1
2 GOALS AND PERFORMANCE

MEASURES

2.1 CURRENT GOALS AND OBJECTIVES
Transit system performance must be measured based on goals and standards that reflect the unique operating environment and values of the community it serves. For the 2007 Short Range Transit Plan, information from similar transit systems was considered to provide insight into what could be achievable for UCT. The goals and performance measures recommended for Union City Transit and Paratransit in the 2007 SRTP were designed to focus on improving the system’s productivity while achieving a sustainable system that meets local mobility needs. The 2010 Transit Service Plan contained goals, objectives or performance measures.

Many of the goals and objectives are the same as those identified in the 2007 Short Range Transit Plan while acknowledging that some performance measures were not met.

The existing goals and standards for Union City Transit and Paratransit are outlined in Figure 2.1.

City Council/RSA Agenda 142 Tuesday, October 24, 2023
SHORT RANGE TRANSIT PLAN | MAY 2013
City of Union City
Nelson\Nygaard Consulting Associates Inc. | 2-2
Figure 2.1 Current Union City Transit Goals and Objectives Goal Objective
Fixed-Route Service
Provide a transit system that effectively
meets community needs
Provide convenient transit service
Provide reliable transit service
Provide safe transit service
Provide attractive services which respond to market demands for transportation Provide coordinated transit services
Provide accurate and timely marketing information
Operate and manage the transit system
efficiently
Minimize operating costs per unit of service
Maximize vehicle life through preventative maintenance
Maximize service productivity
Maximize cost recovery through farebox receipts
Provide accessible transit service
All vehicles equipped with working lifts or ramps
Concentrations of elders and persons with disabilities served by transit Provide adequate capacity to meet demand
Work with community to identify areas where new services are required Provide language assistance to Limited English Proficiency (LEP) customers per Federal Transit Administration (FTA) requirements
Provide Environmental Justice (EJ) assistance to low-income and minority customers per FTA requirements
Paratransit Service
Provide a transit system that effectively
meets community needs
Provide a local paratransit system which meets all Americans with Disabilities Act (ADA) criteria
Provide reliable transit service
Provide safe transit service
Operate and manage the transit system
efficiently
Minimize operating costs per unit of service
Maximize vehicle life through preventative maintenance
Maximize service productivity
Maximize cost recovery through farebox receipts
Provide accessible transit service
All vehicles equipped with working lifts or ramps
Provide language assistance to Limited English Proficiency (LEP) customers per Federal Transit Administration (FTA) requirements
Provide Environmental Justice (EJ) assistance to low-income and minority customers per FTA requirements

2.2 PERFORMANCE STANDARDS
Performance measures should provide a consistent framework for measuring the quality and efficiency of the transit system as well as providing a tool for the effective management, evaluation, and planning of transit services.

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The proposed standards comply with the basic performance indicators required by the National Transit Database (NTD) and are largely consistent with operating and cost data already collected.

The recommended standards also address comments received in the 2012 FTA Triennial Performance Review of Union City Transit and newly created FTA requirements.

The performance standards include a wide range of factors that measure both the quality and efficiency of service. These factors should be used in combination with one another to provide a complete picture of the system’s performance.

While specific standards can vary between operators, Union City Transit has mostly adopted the two (2) recommended standards for service performance and design from the 2007 SRTP:
 Standards that measure efficiency
 Standards that measure service quality and reliability.

2.3 EFFICIENCY STANDARDS
Efficiency standards use operational performance data to measure the productivity of a transit system. Monitoring operational efficiency and productivity requires data such as operating cost, farebox revenue recovery, vehicle revenue miles, vehicle revenue hours and boardings (passenger trips).

These efficiency standards are designed to give a complete picture without excessive requirements for data collection or analysis and without reliance on indicators that may fluctuate widely based on factors outside of the control of the transit agency. Recommended updates and new efficiency performance standards include the following:
 Operating Cost per Revenue Service Hour: This is calculated by dividing all operating and administrative costs by the total number of vehicle revenue hours (with revenue hours defined as time when the vehicle is actually in passenger service).

Operating cost per revenue hour measures systemwide efficiency and should be tracked on a monthly and annual basis. The current standard states the “annual increase should not exceed five (5) percentage points above the Bay Area Consumer Price Index”.

Operating costs are often beyond the control of staff and may exceed the annual increase in the Bay Area Consumer Price Index. Updating the standard to “annual increase should not exceed 5% above the Bay Area Consumer Price Index” will help Union City Transit weather changes in economic conditions. This standard should also be added to the paratransit service. In FY2011/2012, fixed-route achieved 2.02% while paratransit achieved 7.52%.
 Revenue to Non-Revenue Hour Ratio: Non-revenue hours include deadheading between the garage and the location where the buses go in and out of service. Nonrevenue hours can also include paid operator time before and at the end of their shifts (vehicle checks, sign in time and time spent refueling buses etc.) and the time to deliver replacement buses when a bus is taken out of service because of an accident or breakdown. Union City Transit should strive to have non-revenue hours account for no more than 8% of total vehicle hours. In FY2011/2012, fixed-route achieved 8.99%.  Passengers per Revenue Service Hour: This is calculated by dividing the total number of passengers (unlinked trips) by the total number of vehicle revenue hours. The number of passengers per hour is a good measure of service productivity and critical to the establishment of design standards and benchmarks for the expansion of transit service.

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Union City Transit operates a mix of trunk and circulator routes. Routes 1A, 1B and 2 are trunk routes because they are designed as “straight”, direct routes operating almost exclusively on major streets. These routes have always outperformed Routes 3 and 4 in all of the efficiency measures, and they do so by design. Routes 3 and 4 are focused on coverage, providing services in neighborhoods that would otherwise not be reached.

These routes may be more meandering, and operate on neighborhood collector as well as arterial streets.

Establishing a standard that is appropriate to each type of service will allow Union City Transit to evaluate each route against standards appropriate for the service it offers. In FY2011/2012, Routes 2 and 3 did not meet their respective trunk or circulator passengers-per-hour standards.
 Farebox Recovery Ratio: The farebox recovery ratio is calculated by dividing all farebox revenue by total operating and administrative costs. Farebox recovery evaluates both system efficiency (through operating costs) and productivity (through boardings).

Farebox recovery ratio benchmarks are critical to the establishment of passengers per revenue hour benchmarks.
 While the current standard of 20% farebox recovery is consistent with the requirements of California’s Transportation Development Act for most transit operators, this standard is not applicable to local BART feeder services, such as Union City Transit. UCT should consider decreasing the standard to no more than 15% for fixed route and 7% for paratransit. In FY2011/2012, fixed-route achieved 15.7% while paratransit achieved 5.7%.

2.4 SERVICE QUALITY AND RELIABILITY STANDARDS

2.4.1Service Quality
Union City Transit has a number of service quality and reliability standards already in place.

Quality and reliability standards help staff in evaluating how attractive Union City Transit is to city residents and visitors. Providing both a reliable service that passengers can depend on and a high quality service encourages ridership.

UCT already has a number of service quality and reliability standards in place including on-time performance, vehicle maintenance, and peak load standards. In addition to current standards, Nelson\Nygaard recommends implementing the following new service quality standards:
 Passenger Complaints: Even excellent services receive passenger complaints. By recording and logging complaints received via mail, e-mail, and by phone, a transit agency is able to improve their service and measure how well customers evaluate their service. Union City Transit should implement a standard of receiving no more than ten (10) valid passenger complaints per month.
 Bus Shelter Cleanliness: As with vehicles, providing poorly maintained bus shelters discourages passengers from wanting to use a service. Recommended standard - All bus shelters will be cleaned at least twice/month including removal of litter and trash.

Damaged materials will be repaired, or replaced, within fourteen (14) calendar days of notification.

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2.4.2Reliability
The standards established for “Percentage of Preventative Maintenance Inspections occurring On-Time” and “Miles between Road Calls” should remain at their current standards of 100% and 10,000 miles respectively. Union City Transit has reduced the number of miles between road calls by replacing older equipment and monitoring the vehicle maintenance. The current standard calls for ninety percent (90%) of preventative maintenance inspections to happen within a 500 mile window of the scheduled mileage, the contractor has taken it upon themselves to conduct the inspections earlier than 500 miles resulting in percentages lower than the ninety percent (90%) target. This is beneficial to keeping the equipment in revenue service without problems, Union City Transit should change the 500 mile rule to apply to mileage past due.

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Figure 2.2 Current Union City Transit Goals and Objectives Goal Objectives Performance Measure Standard
Actual Performance
FY 2011/12
Meets
Standards
Fixed-Route Service
Provide a transit system that
effectively meets community
needs
Provide convenient transit service
% Dwelling units in residential areas
with density of three units/acre
within 1/4 mile of transit route.
90% 95% Yes
% Major activity centers within 1/8
mile of transit routes 90% 100% Yes
Provide reliable transit service
% of trips arriving within five
minutes of schedule time 90% 92.67% Yes
Missed trips 0 0 Yes
Vehicle miles between road calls 10,000 16,594 Yes
Provide safe transit service Miles between preventable
accidents 100,000 161,555 Yes
Provide attractive services which
respond to market demands for
transportation
Annual ridership growth
4% annually or “equal or greater
than annual growth in Union City
urbanized area population” –
whichever is greater

5.59% Yes
# of complaints per month 10 verified and valid complaints <10 Yes Bus shelter cleanliness Clean bus shelters at least twice per month including litter and trash Yes Yes
Provide coordinated transit services % Timed transfers with BART trains at peak periods
At least 35% of arriving buses
connect to a departing northbound
BART train within 10 minutes during
AM Peak and departing buses
connect to an arriving southbound
BART train within 10 minutes during
PM Peak
Yes Yes
Provide accurate and timely
marketing information
Marketing materials accurate and
widely distributed
Available at transit centers, City
public facilities, and on all buses Yes Yes
Operate and manage the
transit system efficiently
Minimize operating costs per unit of
service
Annual operating cost increase per
revenue vehicle hour
No more than 5% points above the
annual San Francisco Bay Area
Consumer Price Index
(an average over a five year period)

2.02% (Bay Area CPI
Increased 1.85%
Annually on Average
from April 2008 to April
2012; UCT Operating
Costs Increased

3.88% Annually on
Average from 2008 to
2012)
Yes
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Goal Objectives Performance Measure Standard
Actual Performance
FY 2011/12
Meets
Standards
Maximize vehicle life through
preventative maintenance
% preventive maintenance
completed on schedule (within 500
miles of target mileage)
90%

26.02% Early

73.98% On-Time
Zero Late
No
Maximize service productivity
Passengers per revenue service
hour
Trunk route: 12.0
Circulator route: 8.0
1A: 17.35
1B: 19.30
2: 8.95
3: 7.40
4: 8.65
1A: Yes
1B: Yes
2: No
3: No
4: Yes
Revenue to Non-Revenue Hour
Ratio <8% 8.99% No
Maximize cost recovery through
farebox receipts Farebox recovery ratio >15% 15.7% Yes
Provide accessible transit
service
All vehicles equipped with working
lifts or ramps
% vehicles with working lifts or
ramps
100% 100% Yes
Provide adequate capacity to meet
demand
Peak loading conditions not to
exceed 150% of seated capacity 100% 100% Yes
Respond to public comments,
inquiries, requests, and complaints Response time <30 days after submittal 100% Yes Paratransit Service
Provide a transit system that
effectively meets community
needs
Provide a local paratransit system
which meets all ADA criteria
Paratransit service available to all
ADA eligible customers whose
origins and destinations are within
3/4 mile of a fixed route, during time
periods when those fixed routes are
operating within the UC service
area
100% 100% Yes
Paratransit service available on
request with no more than previous
day notice
100% 100% Yes
Service denials - trips not
accommodated within one hour of
request
0 0 Yes
Provide reliable transit service
% of paratransit pickups within
pickup window 90%

0.36% Early

99.53% On-Time

0.11% Late
Yes
Paratransit missed trips 1 per month 0 Yes
Provide safe transit service Miles between preventable
accidents 20,000 92,082 Yes
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Goal Objectives Performance Measure Standard
Actual Performance
FY 2011/12
Meets
Standards
Operate and manage the
transit system efficiently Maximize service productivity Passengers per revenue vehicle hour 2.0 passengers/hour 2.0 Yes Maximize cost recovery through
farebox receipts
% cost recovery through farebox
receipts 7% 5.7% No
Minimize operating costs per unit of
service
Annual operating cost increase per
revenue vehicle hour
No more than 5% points above the
annual San Francisco Bay Area
Consumer Price Index
(an average over a five year period)

7.52% (Bay Area CPI
Increased 1.85%
Annually on Average
from April 2008 to April
2012; UCT Operating
Costs Increased

9.38% Annually on
Average from 2008 to
2012)
No
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7 MARKETING & OUTREACH PLAN

7.1 GENERAL OVERVIEW
The success of any transit service is dependent in large part on public acceptance and understanding of the services offered. A strong marketing and customer service plan will assist Union City Transit retain existing customers, attract new customers, and garner support for public transit throughout the entire community.

In 2010, Moore & Associates, another consulting company, put together a marketing & outreach plan that was not fully implemented due to funding restrictions. Elements of the plan are reiterated in this chapter along with some additional ideas that have come to light as Union City Transit’s Fortieth (40th) Anniversary approaches in Fiscal Year 2014/2015.

The specific objectives of Moore & Associates plan were intended to achieve the following:
 Increase transit patronage among residents and those employed within Union City  Increase transit’s share of the regional travel market  Build awareness of the Union City Transit brand
 Mitigate the impact single-occupancy vehicles (SOVs) have on the environment;  Enhance local mobility
 Emphasize the benefits and value associated with Union City Transit The strategies outlined herein are intended to enhance current and future marketing efforts.

7.2 MARKETING

7.2.1Target Markets
While an effective Marketing Plan must address actual as well as perceived customer concerns, it is often more valuable when it is combined with identification of specific groups or populations which frequently patronize the service. Historically, these groups are referred to as “target markets” and can provide useful insight as to the strengths, weaknesses, opportunities, and threats to the growth of the transit service.

In order to effectively leverage such markets, campaigns need to be perceived as relevant and attention-getting. They need to communicate realistic understanding of the concerns, needs, City Council/RSA Agenda 150 Tuesday, October 24, 2023
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attitudes, and behaviors of the target market. Some of these groups can be considered ridedependent, as they possess neither a valid driver license nor access to a personal vehicle. Others may be partially ride-dependent, where they may have a driver’s license but no regular access to a vehicle. Specific market segments for transit services include:
 Non-riders: While non-riders may not use transit, they can often be some of transit’s strongest supporters because they view the availability of transit as a quality-of-life issue in their community.
 Choice riders: Choice riders are individuals who possess other mobility options yet choose to ride public transit. Motivators may include environmental awareness, a desire to avoid traffic and/or parking hassles, or an alternate use of time.  Seniors: As people age, many lose their ability to drive. Transit offers seniors continued independence through safe and convenient transportation choices.  Persons with disabilities: Many persons with disabilities possess a physical, sensory, cognitive, or intellectual impairment preventing them from operating a personal vehicle. As with seniors, transit enhances mobility and offers persons with disabilities increased independence.
 Youth: Individuals who have yet to reach the driving age typically have fewer mobility options than other demographics within the target market.  Low-Income: Many within this segment are fully or partially ride-dependent as transit offers them a level of mobility that lies within their affordability range.  Minorities: Through a 2009 onboard survey, it was discovered that Asian and Hispanic/Latino riders made up nearly half of the target market. Therefore, an additional need for Mandarin, Cantonese, Tagalog, and Spanish-language materials to effectively market to these groups may be necessary to avoid exclusion of any ride-dependent group.  Single-vehicle households: Individuals from single-vehicle households, considered partially ride-dependent, do not have access to a vehicle on a consistent basis. Transit offers them a steady choice for travel to/from their prospective destination without the time constraints typically attached to personal vehicle availability in a single-vehicle household.
 Zero-vehicle households: Figure 3.6 in Chapter 3 identifies parts of Union City where there are zero-vehicle households by census tract. Without knowing the specific reason why these households do not have a vehicle, it is to be assumed that they are transit dependent.

7.2.2Current Marketing
Moore & Associates’ evaluation of Union City Transit found limited marketing and advertising activities to promote the service. Marketing efforts were limited to UCT collateral and notices posted at various public facilities. Subsequent to their findings, there were a number of opportunities identified that could enhance the current level of marketing applied in the city.

These strategies and expense will be discussed in further detail in the sections to follow.

7.2.3Service Branding
The Union City Transit program has an established service name and general branding. The service is marketed as Union City Transit. While straight-forward, the logo appears outdated.

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Current branding was introduced in the early 1990’s with delivery of Gillig Phantom buses. The logo was altered on the first Orion V compressed natural gas (CNG) buses in 2001, but the official logo was never changed. The current color scheme is blue and white with a green stripe; which, based on customer feedback, is being confused with AC Transit and Dumbarton Express. With the anticipated arrival of the new compressed natural gas (CNG) vehicles in fiscal year 2014/2015 in conjunction with Union City Transit’s fortieth (40th) anniversary, it is recommended that the City undertake a rebranding giving the logo a fresh new look (i.e., update font/type face) and move beyond the conservative horizontal striping scheme. The rebranding would serve to generate community excitement and interest in UCT, as well as leveraging the value of an environmentally-friendly fleet. By timing the rebranding with delivery of the new fleet, the process would be accomplished in a very costeffective manner.

7.2.4Vehicles
Currently, Union City Transit operates a 100% CNG
clean air fleet. All fixed-route buses are
distinguishable from other transit agencies by the
size, shape, and color scheme; Union City Transit
only operates thirty-five (35) foot CNG buses, which
makes its fleet unique, regardless of bus
manufacturer and model, from the other public
transit agencies operating in Union City. All
vehicles are now equipped with information
displays and schedule holders allowing notices to be easily seen at eye level as well as swapped out quickly without the use of tape to secure them. Newer buses were delivered in 2012 with lighter color interiors to create the illusion that the space on board is larger. Only four (4) vehicles are still equipped with wheelchair lifts, all other vehicles are low-floor with ramps that have manual bypasses in the event of ramp motor failure; this makes for faster stop times and reduces delays due to mechanical failure related to the lifts. All fixed-route vehicles are equipped with two (2) position bicycle racks.

Future vehicles should be equipped with systems that display upcoming stops and announce them through the speaker system. Future vehicle procurements may want to examine mounting three (3) position bicycle racks on the front. Union City Transit currently has mid-life rebuilds of its newer low-floor buses to begin in 2016, at that time features of the 2014 fleet should be incorporated into the vehicles for customer continuity.

A lot of attention is typically paid to fixed-route vehicles because they are the most noticeable within the city because of size and schedules, but planning for the future 2016 Union City Paratransit vehicles should begin in the fiscal year 2013/2014.

These vehicles should also include new color schemes that complement Union City Transit fixed-route, but are
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vehicle. Information displays similar to the ones installed on the Union City Transit fixed-route fleet have been installed already.

7.2.5Signage
Each bus stop functions as the “front door” to the Union City Transit. Signage generates service and branding awareness, which acts as identifiers of service routes and stops for riders and potential customers.

Union City Transit’s current signage displays route number, route name, and service phone number. Each sign features the UCT logo with routes color-coded to identify the alignment: Routes 1A and 1B are green, Route 2 is purple, Route 3 is blue, and Route 4 is peach orange. Signage is polemounted and is visible at every established stop. Other transit providers (i.e., BART and AC transit) also display their signs on separate street poles at respective stops. Although some UCT signs were tagged with graffiti, overall appearance was clean; however the sign font style and color is a bit outdated. If rebranding is undertaken, we recommend UCT change font type and color to match the approved rebranding logo.

7.2.6Transit Centers
Union City has two (2) primary Transit Centers or hubs at the moment: Union City BART Intermodal station and Union
Landing Transit Center. BART, Dumbarton Express, AC Transit and UCT all connect at the Union City BART Intermodal station.

The station is currently under construction as a part of the City’s new Intermodal Station District project. It will also include transit-oriented development including housing and commercial usage.

In 2013, the City of Union City is set to open the East Plaza and East Plaza Transit Loop in the Intermodal Station District. Part of this SRTP identifies establishing a new peak hour route that will serve the loop. The East Plaza Bus Loop will play a greater role in the future for Union City Transit once the east entrance of the Union City BART Intermodal station is opened up which will allow Union City Transit to serve both sides of the station more effectively. In the meantime, the new proposed service will need to be marketed to the developments that have already been constructed in the new Intermodal Station District in order to demonstrate that there is an alternative to using a personal vehicle to get around in Union City.

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Union Landing Transit Center is located at the west end of the city. It is primarily a retail/business center that provides numerous activities for residents to partake in, making it a high-productivity area for intercity connections – four (4) UCT routes currently serve this location. The current bus shelters and waiting areas at the transit stop location are highly susceptible to graffiti and vandalism. Union Landing has one of the highest activity stops for boarding and
alighting based on ridership numbers in Chapter 5 and yet, not enough traffic to deter vandalism. This SRTP proposes an increase in service traffic to the transit center in hopes that more traffic will deter vandals and usher away riders to their destinations faster reducing the amount of time required waiting for a bus to arrive.

7.2.7Amenities
Bus shelters act as identifiers of a service as well as provide protection from the elements and a safe area for patrons to use when waiting for the bus. There is a lack of uniformity exists through multiple styles of shelters appearing throughout the community. The older shelters have a “Spanish tile” style with plexiglass panels and are difficult to maintain. The newer shelters are more generic in appearance and currently lack illumination at night. While functional, they do not effectively serve as visual cues to the presence of transit service. Shelter maintenance such as power washing and the removal of nontransit postings has been increased recently in an effort to keep the facilities appealing to riders.

A standardized bus shelter style has been adopted to keep a consistent and uniformed look for all UCT transit stops, but is gradually being implemented as older shelters require replacement.

According to onboard surveys conducted in the past, riders expressed the best way to obtain information about UCT was through service information at the bus stop level. UCT signage acts as the only identifier of service at each bus stop. Information displays have been installed at some bus stops throughout the system, but are currently inconsistent, some display routes, timetables, and a system-wide map while others are displaying only bus stop times for that particular stop.

Moore & Associates indicated that they have found other California communities reveal a clear link between availability of service information at the bus stop level and transit ridership growth.

Union City Transit should continue to install information displays that provide individuals with timetables, routes, maps of the system, and additional service news that assist in travel planning for the rider or non-rider alike. Shelter and information maintenance can be difficult, but a monthly check of all bus stops/shelters, at a minimum, should be implemented to make sure information can clearly be viewed.

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7.3 OUTREACH

7.3.1Brochure
The availability of service information serves as the foundation within any marketing effort.

Clarity of information (i.e., timetables, fare structure and system map) and ease of navigation through the material are two (2) elements significant to the overall effectiveness of the collateral UCT provides for riders and non-riders.

Currently the primary transit marketing collateral is the Union City Transit fixed-route brochure. The finished size is 4.65 inches by 7.125 inches and is in a multi-fold format that opens to a large printed schedule and system map with identifiable landmarks and main streets. Design elements include map, schedule timetables, fare and pass information, hours of operation, accessibility information, “Rules of the Road,” contact information, and other details regarding regional public transportation. The layout includes a large amount of white space around the timetable. Reworking the space to possibly include instructions on how to read the timetable, instructions on how to ride the bus, instructions on how to use the bike racks, and/or a list of benefits associated with riding the bus might maximize the brochure better.

Collateral is currently only available in English. The Limited English Proficiency (LEP) study that will be conducted in 2013 will determine if the brochure will need to be translated into additional languages.

UCT brochures can be found on the bus; as well as at City Hall, Union Landing Transit Center, and the BART station. These locations stock volumes should be checked on a routine basis and be provided with a refill “request” postcard. This would also allow the City to identify where brochures are needed the most. Locations which consistently need restocking may indicate a large number of patrons utilizing the nearest stop, thereby providing insight to the frequency of the service at each particular location. In 2011, brochures were distributed to apartment complexes to be handed out with “Welcome” packets along with the a way to contact Union City Transit staff for additional supplies; to date, none of the apartment complexes have requested additional brochures. Distribution of brochures and other collaterals could be incorporated into the next transit operations contract.

7.3.2Campaigns/Programs
Throughout the last several years, the City has not undertaken any discernible transit-specific promotion other than a brief period where UCT offered free-ride coupons in the Community Services Guide. The absence of significant marketing efforts is largely due to under staffing and budget limitations.

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In 2014, Union City Transit will be celebrating forty (40) years as a transit operator. This would be a great promotional event that would allow Union City Transit to promote itself.

Coincidentally, a rebranding, implementation of proposed new routes, and new transit vehicles with new paint schemes will all be happening at about the same time. One possible way to make a statement and display some history would be to wrap some of the buses due to be retired in old paint schemes from the past, install old photos and copies of old brochures, in the ad space on the vehicles, and possibly offer free rides on weekends leading up to the introduction of the last new fixed-route vehicles for several years.

7.3.3Travel Training
The Alameda County Transportation Commission (Alameda CTC) is committed to improving transportation access throughout Alameda County. Currently, Alameda CTC offers travel training programs which address the concerns of ride-dependent populations primarily using paratransit services. This workshop is offered on a periodic basis and serves to alleviate the worries attached to fixed-route travel. It outlines fare-paying procedures, review of travel schedules, maps, and any other additional information relevant to travel. Currently Travel Training is conducted through the City of Fremont Department of Human Services (paid for by a Measure B GAP Grant from the Alameda CTC) on behalf of the Tri-Cities. Staff also conducts Travel Training for groups when requested.

7.3.4Telephone Information/Call Center
At present, the only available access to real-time transit service information is via phone. MV Transportation, Inc., the City’s transit operations contractor, operates the Union City Transit call center. The call center is “open” during all UCT service hours and offers only English assistance.

The Limited English Proficiency (LEP) study that will be conducted in Spring 2013 will determine what additional languages callers need translation for populations that are not prolific in English.

7.3.5Internet/Website
Union City Transit’s web page is simple in terms of
design and function. The page is accessed via the
City website (www.unioncity.org), but can also be
accessed directly through UCT’s own website
address (www.uctransit.org). This link is also
included within the fixed-route brochure. Union
City Transit’s URL should continue to be
incorporated into all promotional collateral as
another information tool for accessing UCT service
information.

In order to access UCT’s homepage, users must
click through a transit link located on the left-hand
side bar under “Transit and Paratransit”. The page
includes general information regarding fixed-route
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and paratransit services. The webpage lacks real-time information, which is useful to the rider when planning a travel itinerary.

The website does not have a designated space for rider alert notices. Special notices (e.g., constructions, route modifications) should be posted on the UCT website to inform customers of any expected delays in service, which may require customers to take alternate routes to complete their trips. Future incorporation of a trip planning module to assist UCT patrons, as well as new riders, in determining the most efficient mode of travel to reach a specific destination may be possible as the technology becomes more affordable and more user-friendly.

7.4 CONCLUSIONS
Union City Transit has an opportunity in 2014 to re-invent itself. The fortieth (40th) anniversary of the agency should not go unnoticed, but should serve as an opportunity to update the service and provide the enhancements customers are looking for from transit in the twenty-first (21st) century.

Union City Transit needs to evaluate its options of products available to meet the demands of customers and implement them as necessary or as funding permits. Not all enhancements are necessarily easy to maintain from the staff level and how much staff time is required to maintain an enhancement needs to be taken into account as part of the evaluation process.

City Council/RSA Agenda 157 Tuesday, October 24, 2023
RESOLUTION NO. XXXX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $396,818 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS), CLEAN CALIFORNIA LOCAL GRANT PROGRAM (STATE) TO FUND UNION CITY TRANSIT’S BUS SHELTER EXPANSION PROJECT, CITY PROJECT NO. 23-07, AMENDING THE FY 2023-2024 CAPITAL PROJECTS FUNDS BUDGET, TRANSFERRING $37,576 IN PREVIOUSLY RECEIVED CALIFORNIA

STATE TRANSIT ASSISTANCE-STATE OF GOOD REPAIR FUNDS IN THE

PARATRANSIT FUND TO THE CAPITAL PROJECTS FUND, AND AUTHORIZING

THE CITY MANAGER TO SIGN THE REQUIRED GRANT FUNDING

AGREEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, the City is eligible to receive federal and/or State funding for transit projects, through the California Department of Transportation; and WHEREAS, on August 15, 2023, the California Department of Transportation (Caltrans) District 4 (D4) Office of Local Assistance released a grant opportunity through the Clean California (Clean CA) Transit Initiative; and
WHEREAS, Union City Transit submitted a grant application by the August 31, 2023, deadline for bus shelter improvements and expansion; and WHEREAS, the proposed bus shelter expansion project will include the installation of seventeen (17) new bus shelters and pads including bench & trash can equipped with solar lights and solar powered real-time arrival information signs at bus stops that currently only have a bus stop sign and no amenities; and
WHEREAS, twelve (12) of the new locations are all within or along the edge of Union City’s SB 535 Disadvantaged Community boundary and the other five (5) are along the primary route serving Union City’s SB 535 Disadvantaged Community northern boundary and an additional six (6) real-time arrival information displays are to be installed at existing shelters in Union City’s SB 535 Disadvantaged Community southern boundary; and WHEREAS, an additional seven (7) static information display signs are to be installed at existing shelters in Union City’s SB 535 Disadvantaged Community southern and northern boundary; and
WHEREAS, the bus shelter installations would serve all five (5) of Union City Transit’s fixed-route bus lines and its microtransit service, the Union City Flea (Flexible, Local, Easy, Access); and
WHEREAS, on October 9, 2023, Union City Transit was informed that they would be receiving a grant award in the amount of $396,818; and
WHEREAS, Union City Transit has previously received California State Transit City Council/RSA Agenda 158 Tuesday, October 24, 2023
Resolution No. XXXX-23

Assistance–State of Good Repair (STA-SGR) funds in Fiscal Years 2019-2020 and 2021-2022 (FY 19-20 & FY 21-22) in the combined amount of $37,576 for the purpose of bus stop improvements; and
WHEREAS, the combined amount of $434,394 ($396,818 + $37,576) will allow Union City Transit to make significant bus shelter improvements; and WHEREAS, Union City Transit must complete the project by December 31, 2024, and close the project out by June 30, 2025, resulting in a quick turnaround for the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute agreement number 04-TRANSIT-15 with the California Department of Transportation (Caltrans) for the award of a Caltrans Clean California Grant to fund Bus Shelter Expansion Project, City Project No. 23-07; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2023-2024 Capital Projects Fund revenue budget by increasing the revenue projections in Account Number 4100-92307-44171 (Capital Projects Fund – Bus Shelter Expansion Project – Miscellaneous State Grants (Caltrans Clean California Program)) by $396,818; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a transfer of $37,576 of California State Transit Assistance-State of Good Repair funds from Fund 5120 (Paratransit Fund) to Fund 4100 (Capital Projects Fund) for the Bus Shelter Expansion Project, City Project No. 23-07; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2023-2024 Capital Projects Fund expenditure budget by appropriating $434,394 to Account Number 4100-3141-92307-54111 (Capital Projects Fund – Transit – Bus Shelter Expansion Project – Contractual Services) for the Bus Shelter Expansion Project, City Project No. 23-07.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 159 Tuesday, October 24, 2023
Resolution No. XXXX-23

ATTESTED: APPROVED AS TO FORM:
_________________________ ____________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 160 Tuesday, October 24, 2023
City of Union City-Union City Transit
Agreement Number 04-TRANSIT-15
AMS ADV ID: 0424000100

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF UNION CITYUNION CITY TRANSIT, hereinafter referred to as AGENCY, will commence on September 1, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on June 30, 2025.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives;

4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits City Council/RSA Agenda 161 Tuesday, October 24, 2023
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grants from funding projects that displace persons experiencing homelessness. This reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.

5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of transit partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;

7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;

8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to develop and implement transit partnership projects on local right-of-way to address transit demand, usage, and ridership in a strategic and impactful manner that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address transit needs, waste management challenges, graffiti mitigation, and aesthetic enhancement, thereby contributing to a positive and enjoyable transit experience for the community

10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;

11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;

12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this Contribution Agreement to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) City Council/RSA Agenda 162 Tuesday, October 24, 2023
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within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in Bus Shelter Expansion, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
City Council/RSA Agenda 163 Tuesday, October 24, 2023
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Agreement Number 04-TRANSIT-15
AMS ADV ID: 0424000100

6. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2023/24 $396,818.00
Total Project Costs $396,818.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

8. Notification of Parties
a. AGENCY’s Project Manager for Project is Steve Adams, (510) 675-5446. b. CALTRANS’ Contract Manager is Markus Lansdowne, (510) 715-9189. “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Union City
Attention: Steve Adams, Transit Manager
Phone Number: (510) 675-5446
Email: [email protected]
Address: 34009 Alvarado-Niles Road, Union City, California 94587 California Department of Transportation
District 4, Maintenance
Attention: Markus Lansdowne, Acting D4 Clean CA Manager Phone Number: (510) 715-9189
Email: [email protected]
Address: 111 Avenue, Oakland, California 94612
Jie Chen 09/26/2023 $396,818.00
City Council/RSA Agenda 164 Tuesday, October 24, 2023
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Agreement Number 04-TRANSIT-15
AMS ADV ID: 0424000100

9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on September 1, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than December 31, 2024. Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2025. Work incurred after December 31, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after June 30, 2025. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through June 30, 2025 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $396,818.00.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.

12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to City Council/RSA Agenda 165 Tuesday, October 24, 2023
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furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2023/24 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.
c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

City Council/RSA Agenda 166 Tuesday, October 24, 2023
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AMS ADV ID: 0424000100

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. . Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until December 31, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by June 30, 2025.

15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

City Council/RSA Agenda 167 Tuesday, October 24, 2023
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AMS ADV ID: 0424000100

16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

17. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

18. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If City Council/RSA Agenda 168 Tuesday, October 24, 2023
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claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other City Council/RSA Agenda 169 Tuesday, October 24, 2023
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sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent City Council/RSA Agenda 170 Tuesday, October 24, 2023
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data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors.

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e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(e)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

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26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

27. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.

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ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

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28. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

29. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.

The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a City Council/RSA Agenda 175 Tuesday, October 24, 2023
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