Union City City Council
January 9, 2024

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, January 9, 2024
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. Council Assignments to Various Boards and Commissions

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 speaker card, giving their name and city of residence. If a speaker City Council/RSA Agenda 1 Tuesday, January 9, 2024
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. Adopt A Resolution Authorizing The City Manager To Execute The Fourth Amendment To The Consulting Services
Agreement With Apex Strategies, In The Amount Of $147,840, For A Total Contract Amount Of $498,190, For Transportation Strategies Support For The Quarry Lakes Parkway Project, City Project No. 18-04

5.c. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services
Agreement With VSCE, Inc., In The Amount Of $434,000, For A Total Contract Amount Of $883,100, For Project Management Services For The Quarry Lakes Parkway Project, City Project No. 18-04

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Adopt A Resolution Opening The Application Process For Commercial Cannabis Permit(s) And Approving The
Procedures To Govern The Manner In Which The City Council Will Determine The Most Qualified Applicant(s) To Receive The Permit(s)

7.b. Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers”

7.c. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With TeamCivX In The Amount Of $54,925 For A Total
Contract Amount Of $161,000, And Authorize A Supplemental Budget Appropriation Of $28,500 For The Fiscal Year 2023- 2024 Budget To Accommodate The Additional Scope Of
Services.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
City Council/RSA Agenda 2 Tuesday, January 9, 2024

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BY COUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None

14. ADJOURNMENT

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 City Council/RSA Agenda 3 Tuesday, January 9, 2024
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.

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.

City Council/RSA Agenda 4 Tuesday, January 9, 2024

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 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 5 Tuesday, January 9, 2024
Agenda Item
DATE: 1/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FOURTH AMENDMENT TO THE CONSULTING

SERVICES AGREEMENT WITH APEX STRATEGIES, IN THE AMOUNT
OF $147,840, FOR A TOTAL CONTRACT AMOUNT OF $498,190 FOR

TRANSPORTATION STRATEGIES SUPPORT FOR THE QUARRY LAKES
PARKWAY PROJECT, CITY PROJECT NO. 18-04
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $147,840, for a total contact amount of $498,190 for transportation strategies support for the Quarry Lakes Parkway Project, City Project No. 18-04.

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

Goal C, Strategy 2: Economic, Community Development and Public Safety –Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian railcrossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.

BACKGROUND
On January 27, 2020, the City of Union City entered into a Consulting Services Agreement with Apex Strategies, C5412, in the amount of $73,350, for assistance on transportation strategies, including but not limited to, conducting stakeholder assessment efforts, oversight of the project website and graphics, coordination with project team members and regional transportation projects and development of project strategic deployment for the Quarry Lakes Parkway Project, City Project No. 18-04.

City Council/RSA Agenda 6 Tuesday, January 9, 2024
On September 22, 2020, the City Council adopted Resolution No. 5655-20, approving the First Amendment to the Consulting Services Agreement with Apex Strategies, C5412a, in the amount of $144,000, for a total contract amount of $217,350, to allow for the continued support and assistance on transportation and funding strategies for the Quarry Lakes Parkway Project, City Project No. 18-04.

At the November 19, 2020 Alameda County Transportation Commission (Alameda CTC) Meeting, Alameda CTC staff in partnership with Union City staff, presented the findings of the QLP project. Following Alameda CTC staff’s recommendation, the full Commission adopted a resolution to:

1. Commit the remaining balance of 1986 Measure B funding for the East West Connector (I-880 to Mission Blvd) Project to the Quarry Lakes Parkway Project ($69.0 Million) sponsored by Union City and acknowledging that the commitment fulfills the 1986 Measure B funds from the 1986 Transportation Expenditure Plan;

2. Allocate $4.2 Million of 1986 Measure B funds to design phases of Phase 1 (7 th Street Connection)
for $2.0 Million and Phase 2 (Gateway Connection) for $2.2 Million;

3. Allocate $17.8 Million of 1986 Measure B funds to design phases of Phase 3 (11 th Street
Connection) for $9.2 Million and Phase 4 (Grade Separations & Alvarado-Niles Connection) for $8.6 Million with the condition that full funding for all phases of the segment will be identified in the funding agreement;

4. Authorize the Executive Director or designee of the Executive Director, to execute a project funding agreement, or agreements, with the City of Union City for the design phases of Phases 1, 2, 3 and 4 of the Quarry Lakes Parkway Project up to the amount allocated in the design phases for each segment.

On February 1, 2022, the City of Union City entered into the Second Amendment to the Consulting Services Agreement, C5412b, with Apex Strategies to extend the “Term of Services” of the Agreement to December 31, 2022.

On September 27, 2022, the City Council adopted Resolution No. 6007-22, approving the Third Amendment to the Consulting Services Agreement with Apex Strategies, C5412c, which increased the Agreement amount by $133,000, for a total contract amount of $350,350, and which extended the “Term of Services” of the Agreement to December 31, 2023, to allow for continued support and assistance on transportation and funding strategies for the Quarry Lakes Parkway Project, City Project No. 18-04.

DISCUSSION
Apex Strategies’ effort for transportation strategies for the Quarry Lakes Parkway Project, City Project No. 18-04, includes assistance with seeking funding opportunities that require coordination, and scheduling key meetings with transportation agencies such as Metropolitan Transportation Commission (MTC), Caltrans, California Transportation Commission (CTC) Alameda CTC, AC Transit, San Joaquin Regional Rail Commission (SJRRC), and BART and the cities of Fremont and Newark.

MTC’s Regional Measure 3 to increase the Bay Area bridge toll for regional transportation projects and programs was approved by the voters back in June 2018 and included $130 million for improvements along the Dumbarton Corridor (Decoto Corridor). With assistance from Mayor Carol Dutra-Vernaci, MTC and Alameda CTC Commissioners, Apex Strategies was able to develop and orchestrate a list of RM3 potential projects for Southern Alameda County along the Dumbarton/Decoto Corridor. The funding strategy required several meetings with MTC, Fremont, Newark, AC Transit, SJRRC and Alameda CTC, the project sponsor for these funds. This proposed RM3 project list includes $25 million for Quarry Lakes Parkway, $3 million for the BART Pedestrian At-Grade Crossing and $14.5 million for the Union City Intermodal Station, Phase City Council/RSA Agenda 7 Tuesday, January 9, 2024
3/Intercity Rail Station. In October 2023, the city submitted the required project funding documentation and the Initial Project Report (IPR) to Alameda CTC for their review and submittal to MTC.

On June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84), appraised at $86 million, to the City of Union City for future development. The Quarry Lakes Parkway Phase 2 segment is located within this former Caltrans property and the City is now coordinating QLP Phase 2 with City Ventures, the selected housing developer for the 25-acre Gateway site. The $86 million proceeds from the sale of the property to City Ventures will be deposited into a Caltrans’ Local Agency Transportation Improvement Program (LATIP) fund account. These funds will be programmed for Caltrans’ administration costs ($3 million) and the remaining funds will be distributed by Caltrans to fund remaining project costs of the I-880/Mission Boulevard Interchange ($7.35 million), Fremont’s Route 84 Relinquishment ($17.72 million) and Quarry Lakes Parkway-Decoto Complete Streets ($58.214 million).

On May 18, 2023, the California Transportation Commission (CTC) approved an advance funding request by the City of Fremont and approved the updated Priority List under the Local Alternative Transportation Improvement Program (LATIP) for Historic State Route 84 in Alameda County, identifying future LATIP funds for Quarry Lakes Parkway, in the amount of $41.814 million, and Fremont’s Decoto Road Complete Streets Project, in the amount of $16.4 million, totaling $58.214 million.

Apex Strategies was instrumental in the re-assemblance of the LATIP committee, which includes Caltrans, Alameda CTC, and the cities of Fremont, Newark, and Union City by coordinating and scheduling the LATIP committee meetings, documenting meeting minutes and obtaining concurrence of the updated LATIP Priority List before submittal to CTC.

The Fourth Amendment, in the requested amount of $147,840, if approved, will bring the totalcontract amount to $498,190, and will extend the “Term of Services” of the Agreement to December 31, 2024, to allow Apex Strategies to continue to provide assistance on transportation strategies, including but not limited to, conducting stakeholder assessment efforts, oversight of the project website and graphics, coordination with project team members, the City of Fremont, transportation agencies and the Gateway site developer, including meeting attendance, review of presentations and meeting minutes, and the development of project strategic deployment for the Quarry Lakes Parkway Project, City Project No. 18-04.

FISCAL IMPACT
The Fourth Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $147,840, will be funded with $42,000 available in the DIPSA Development Fund (Account Number 2660- 3199-91804-54110) and $105,840 available in the Public Improvement Fund (Account Number 4160-3199- 91804-54110).

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $147,840, for a total contract amount of $498,190, for transportation strategies support for the Quarry Lakes Parkway Project, City Project No. 18-04.

Prepared by:

City Council/RSA Agenda 8 Tuesday, January 9, 2024
Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Fourth Amendment Attachment
Resolution Resolution
Exhibit A - State of CA CTCMay 17-18,2023 Meeting Exhibit City Council/RSA Agenda 9 Tuesday, January 9, 2024

FOURTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5412)
THIS FOURTH AMENDMENT (the “Fourth Amendment”) is effective as of this 9th day of January 2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Apex Strategies, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on January 27, 2020, the Parties entered into a Consulting Services Agreement (C5412) (“Agreement”) wherein the Consultant will provide the City with consulting services related to facilitating the development, funding, and permitting of the Quarry Lakes Parkway in the amount of $73,350; and
WHEREAS, on October 1, 2020, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C5412a, to extend the term of services, amend the scope of work, and to increase the maximum compensation by $144,000, to a sum not to exceed $217,350; and WHEREAS, on February 1, 2022, the Parties entered into a Second Amendment to the Agreement (“Second Amendment”), C5412b, to extend the term of services to December 31, 2022; and WHEREAS, on September 13, 2022, the Parties entered into a Third Amendment to the Agreement (“Third Amendment”), C5412c, to amend the scope of services, increase the maximum compensation by $133,000, to a sum not to exceed $350,350 and extend the term of services to December 31, 2023; and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of services, amend the scope of work, and to increase the maximum compensation; and WHEREAS, the City and Consultant desire to enter into this Fourth Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The Scope of Services, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Fourth Amendment, attached hereto and incorporated herein by reference.

2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of One Hundred Forty-Seven Thousand Eight Hundred Forty Dollars ($147,840). The total compensation under the Agreement, including this Amendment, shall not exceed a total contract amount of Four Hundred Ninety-Eight Thousand One Hundred Ninety Dollars ($498,190). The first sentence shall now read:

City Council/RSA Agenda 10 Tuesday, January 9, 2024
City Council/RSA Agenda 11 Tuesday, January 9, 2024
Fourth Amendment of the Consulting Services Agreement
between City of Union City and Apex Strategies

EXHIBIT A
Scope of Services
Apex Strategies will provide support and assistance to the City of Union City on transportation issues by message development, coordination of project team members, coordination and facilitation of regional agencies, development of project related strategic deployment plans and development and management of related collateral.

The primary project focus will be Quarry Lakes Parkway (QLP). However, Apex Strategies will support Union City on other Plan Bay Area 2050 priorities including potential support for ACE, SoCo Rail, Decoto Corridor and other City priorities and projects related to the Station District area served by QLP. Apex Strategies will assist the City with securing approved funding plans.

Apex Strategies would:
➢ Develop or edit community outreach messages, talking points, FAQs, PowerPoint presentations, renderings, reports or other materials in support of QLP/LATIP/Trails/ BART/ACE Station/SoCo effort and refresh materials as appropriate. Support, by advising and coaching, the UC Outreach team (staff and other consultants) related to community outreach activities (including media strategy and outreach meetings) for the QLP project, up to 80 hours;
➢ Assist with stakeholder outreach in support of regional funding efforts (RM3, new measure, TEPs, etc.) at Alameda CTC, MTC, RM3 or CTC meetings where QLP/LATIP or Union City BART/ACE/SoCo rail Station would be considered, as well as with key stakeholders such as, but not limited to, Fremont, Caltrans, Newark, ACTC, MTC, AC Transit, SAMTRANS, etc., up to 180 hours;
➢ Support LATIP property development process as requested, up to 60 hours; ➢ Attendance at weekly Project Team Strategy Meetings, and regular meetings with City Leadership (Mayor) and review of background materials, up to 100 hours City Council/RSA Agenda 12 Tuesday, January 9, 2024
Fourth Amendment of the Consulting Services Agreement
between City of Union City and Apex Strategies

EXHIBIT B
Cost Proposal
Budget: 420 hours at $352.00 ($147,840) and no new funding is requested for reimbursable expenses such as mileage, parking etc. as there are sufficient funds in that category. Total $147,840. Monthly run rate assumed to be about 35 hours a month.

The proposal is based on a time and materials basis and Apex Strategies will only bill the City for time spent on the project. This budget is assumed to cover January 2024 through December 2024 (12 months). Mileage, at the federal reimbursement rate, will be charged. Apex Strategies will bill, at cost plus 10%, any outside graphic support services, if they are utilized.

Apex Strategies is very interested in saving the client money and would be comfortable sharing tasks with the client’s staff or with other consultants’ staff as appropriate.

City Council/RSA Agenda 13 Tuesday, January 9, 2024
RESOLUTION NO. XXXX-24

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

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT TO

THE CONSULTING SERVICES AGREEMENT WITH APEX STRATEGIES, IN THE AMOUNT OF $147,840, FOR A TOTAL CONTRACT AMOUNT OF $498,190, FOR

TRANSPORTATION STRATEGIES SUPPORT FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04
WHEREAS, the City Council has identified in the Strategic Plan Goal C, Strategy 2:

Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE; and WHEREAS, the Quarry Lakes Parkway (QLP) Project is a new four-lane multimodal corridor, parallel to Decoto Road between Paseo Padre Parkway in Fremont and Mission Boulevard in Union City, and the Decoto Road “Compete Streets” Project is the modification of the existing four-lane Decoto Road to a transit priority and multimodal corridor between I-880 and Paseo Padre Parkway in Fremont, which will be implemented by the City of Fremont; and WHEREAS, QLP in Union City consists of Phase 1: 7
th Street Connection, Phase 2:

Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection; and
WHEREAS, QLP also includes Phase 5: Paseo Padre and Trail Connection, which is in both the cities of Union City and Fremont; and
WHEREAS, the 2020 cost estimate for the QLP and Decoto Road Complete Streets is approximately $288 million and the cost estimate of QLP Phases 1-4 is approximately $208 million; and
WHEREAS, on November 19, 2020, the Alameda CTC adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B, CMA-TIP, and future LATIP (Local Agency Transportation Improvement Program) proceeds from the sale of the former Caltrans Route 84 property in Union City for funding on Quarry Lakes Parkway (former East West Connector), Phases 1-4 projects for approximately $208 million with the QLP - Phase 1: 7th Street Connection at $16.7 million, and QLP - Phase 2: Gateway Connection (on the former Caltrans Property) at $20.3 million, which are fully funded phases; and WHEREAS, on June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84), appraised at $86 million, to the City of Union City and the City is now responsible to select a residential developer; and
WHEREAS, the $86 million from the sale of the Caltrans parcels for residential City Council/RSA Agenda 14 Tuesday, January 9, 2024
Resolution XXXX-24

development will fund the Local Agency Transportation Improvement Program (LATIP) with estimated LATIP obligations of about $60 million to Quarry Lakes Parkway and Decoto Road Complete Streets; and
WHEREAS, on January 27, 2020, the City of Union City entered into a Consulting Services Agreement with Apex Strategies, C5412, in the amount of $73,350, for assistance on transportation strategies, including but not limited to, conducting stakeholder assessment efforts, oversight of the project website and graphics, coordination with project team members and regional transportation projects and development of project strategic deployment for the Quarry Lakes Parkway Project, City Project No. 18-04; and
WHEREAS, on September 22, 2020, the City Council adopted Resolution No. 5655-20, approving the First Amendment to the Consulting Services Agreement with Apex Strategies, C5412a, in the amount of $144,000, for a total contract amount of $217,350, to allow for continued support and assistance on transportation and funding strategies for the Quarry Lakes Parkway Project, City Project No. 18-04; and
WHEREAS, on February 1, 2022, the City of Union City entered into the Second Amendment to the Consulting Services Agreement with Apex Strategies, C5412b, to extend the “Term of Services” of the Agreement to December 31, 2022; and WHEREAS, on September 27, 2022, the City Council adopted Resolution No. 6007-22, approving the Third Amendment to the Consulting Services Agreement with Apex Strategies, C5412c, which increased the Agreement amount by $133,000, for a total contract amount of $350,350, and which extended the “Term of Services” of the Agreement to December 31, 2023, to allow for continued support and assistance on transportation and funding strategies for the Quarry Lakes Parkway Project, City Project No. 18-04; and WHEREAS, on May 18, 2023, the California Transportation Commission (CTC) approved an advance funding request by the City of Fremont and approved the updated Priority List under the Local Alternative Transportation Improvement Program (LATIP) for Historic State Route 84 in Alameda County identifying future LATIP funds for Quarry Lakes Parkway, in the amount of $41.814 million, and Fremont’s Decoto Road Complete Streets, in the amount of $16.4 million, totaling $58.214 million, see Exhibit A; and WHEREAS, Apex Strategies was instrumental in the re-assemblance of the LATIP committee, which includes Caltrans, Alameda CTC, and the cities of Fremont, Newark, and Union City by coordinating and scheduling the LATIP committee meetings, documenting meeting minutes and obtaining concurrence of the updated LATIP Priority List before submittal to the CTC; and
WHEREAS, the Fourth Amendment to the Consulting Services Agreement with Apex Strategies, which will increase the contract amount by $147,840, for a total contract amount of $498,190, and which will extend the “Term of Services” of the Agreement to December 31, 2024, will allow the firm to continue to assist with transportation strategies support; and City Council/RSA Agenda 15 Tuesday, January 9, 2024
Resolution XXXX-24

WHEREAS, the contract increase of $147,840 will be funded with $42,000 available in the DIPSA Development Fund (Account Number 2660-3199-91804-54110) and $105,840 available in the Public Improvement Fund (Account Number 4160-3199-91804-54110).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Apex Strategies, which will increase the contract amount by $147,840, for a total contract amount of $498,190, and which will extend the “Term of Services” of the Agreement to December 31, 2024, for transportation strategies support for the Quarry Lakes Parkway Project, City Project No. 18-04.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 16 Tuesday, January 9, 2024
State of California California State Transportation Agency

DEPARTMENT OF TRANSPORTATION
“Provide a safe and reliable transportation network that serves all people and respects the environment.”

MEMORANDUM
To: CHAIR AND COMMISSIONERS

CALIFORNIA TRANSPORTATION COMMISSION
CTC Meeting: May 17-18, 2023
From: STEVEN KECK, Chief Financial Officer
Reference Number: 4.24, Action Item
Prepared By: James R. Anderson, Chief
Division of Financial Programming
Subject: LOCAL ALTERNATIVE TRANSPORTATION IMPROVEMENT PROGRAM - STATE ROUTE 84 HISTORIC PARKWAY PROJECT – REQUEST FOR ADVANCE FUNDING UNDER ASSEMBLY BILL 1386 AND APPROVAL OF THE UPDATED

PRIORITY LIST
RESOLUTION LATIP-2223-01
ISSUE:

Should the California Transportation Commission (Commission) approve one advance funding request in accordance with Assembly Bill (AB) 1386 and approve the updated priority list under the Local Alternative Transportation Improvement Program (LATIP) for the State Route 84 Historic Parkway, in Alameda County?
RECOMMENDATION:

The California Department of Transportation (Department) recommends that the Commission approve one advance funding request in accordance with AB 1386 and approve the updated priority list under the LATIP for the State Route 84 Historic Parkway Project, in Alameda County.

BACKGROUND:

In 1958, State Route (SR) 84 from SR 17/Interstate 880 (I-880) to SR 238 (Mission Boulevard) was adopted by the Commission. Following the adoption, project development started on the freeway project and portions of the required right of way were acquired between I-880 and Mission Boulevard, in Fremont and Union City.

City Council/RSA Agenda 17 Tuesday, January 9, 2024
CHAIR AND COMMISSIONERS Reference No.: 4.24
CALIFORNIA TRANSPORTATION COMMISSION May 17-18, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment.”
The 1986 Alameda County Measure B Expenditure Plan included the SR 84 Historic Parkway project on SR 84 to provide an improved link between I-880 and Mission Boulevard in the cities of Fremont, Newark and Union City. The planned improvements included a combination of new roadways along the previously reserved right of way and improvements to existing roadways and intersections in the corridor between the I-880/Decoto Road Interchange and the planned intersection at Mission Boulevard.

Historic Parkway Project’s Environment Impact Report (EIR) was completed in 2002 by the Department, however, due to continued local opposition, the Federal Highway Administration (FHWA) did not issue a Record of Decision. Several years later, based upon the consensus reached by the affected parties and the Department, as documented in a signed 2007 Memorandum of Understanding, an alternative set of improvements was identified and included as Amendment Number 2 to the 1986 Alameda County Transportation Authority (ACTA) Sales Tax Expenditure Plan. The amendment sought to replace Historic Parkway project with a program of projects and actions, intended to relieve congestion in southern Alameda County, along the same corridors that would have been affected by the SR 84 Historic Parkway.

Historic Parkway Technical Advisory Committee (TAC), consisting of representatives from the Cities of Fremont, Newark and Union City, the Alameda County Congestion Management Agency (ACCMA), the ACTA and the Department, was formed to consider proposed projects in the southern Alameda County area that would provide congestion relief. After a series of meetings, the TAC developed a prioritized LATIP project list was approved by the TAC on September 29, 2008. The Department reaffirmed its approval of the LATIP and endorsed the Project Initiation Document. The Cities of Fremont, Newark and Union City, ACCMA and ACTA (now both merged into Alameda County Transportation Commission) approved the prioritized LATIP by resolution during individual Board and City Council meetings. The Metropolitan Transportation Commission also provided its concurrence to the proposed LATIP program of projects.

With the local endorsements obtained, the LATIP was submitted to the Commission for approval. The SR 84 Historic Parkway LATIP project List consists of land disposition fees and eight projects estimated to cost approximately $162 million in 2009 dollars. At the January 2010 meeting, the Commission approved the LATIP for the SR 84 Historic Parkway Project.

In addition, in September 2018, and at the City's request, legislation was adopted to relinquish SR 84 under Senate Bill (SB) 989. On July 16, 2019, the City Council adopted the resolution to accept the transfer of right of way along SR 84 between I-880 and SR 238 and approved the Relinquishment Agreement. In October 2019, the Commission approved the relinquishment of SR 84 to the City under Resolution Number R-4031.

City Council/RSA Agenda 18 Tuesday, January 9, 2024
CHAIR AND COMMISSIONERS Reference No.: 4.24
CALIFORNIA TRANSPORTATION COMMISSION May 17-18, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment.”
Advance Funding Request for the Existing SR 84 Improvements Project - Priority 3 The projects included in the LATIP will be funded from the proceeds of the sale of the properties originally purchased for the construction of the SR 84 Historic Parkway project. The Alameda County Transportation Commission (ACTC) recognizes that it will take additional time for the Commission to rescind the SR 84 Historic Parkway and for the Department to dispose of surplus properties to generate sufficient revenue for the LATIP projects.

In order to maximize the LATIP funds to be received by the City and minimize the funding the City would need to advance at this time, the City is requesting LATIP advance funding authority. AB 1386 authorizes local agencies to advance projects in the LATIP local funds, to be repaid when revenues from excess property sales become available. At this time, the City has projected costs for the portion of work to be done in the following three phases, for a total of $17,720,000.
• Phase 1 - Thornton Avenue, Fremont Boulevard and Peralta Boulevard up to Sequoia Road - $5,110,000
• Phase 2 - Remainder of Peralta Boulevard - $6,860,000 • Phase 3 - Mowry Avenue and Mowry Pump Station - $5,750,000 At this time, the City is requesting that the Commission approve an advanced funding of $5,110,000 for Phase 1. This project is the third project in Commission approved LATIP.

In order to take advantage of the other funding available, the City plans to advertise Phase 1, upon Commission approval of this request, this Summer 2023. The project has an approved National Environmental Policy Act - Categorical Exemption (NEPA-CE) and California Environmental Quality Act - Categorical Exemption (CEQA-CE) as the environmental document.

The Phase 1 of the Existing SR 84 Improvements Project will repair localized areas of damaged pavement along the relinquished corridor by means of base repairs, crack seal, grind and overlay and slurry seal treatments and install new curb ramps to comply with the latest ADA requirements. The proposed improvements will restore the street surface to full serviceability, increasing safety and providing better accessibility for the community. The project is estimated to cost $5,110,000 and is anticipated to be funded with $3,110,000 in local funds from ACTC, and $2,000,000 in City of Fremont funds. This LATIP project will be accomplished in one contract season, with two future projects needed to complete the full $17,720,000 of planned work.

City Council/RSA Agenda 19 Tuesday, January 9, 2024
CHAIR AND COMMISSIONERS Reference No.: 4.24
CALIFORNIA TRANSPORTATION COMMISSION May 17-18, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment.”
Approval of the Updated Priority List for the SR 84 Historic Parkway Project LATIP In addition to this request for advance funding, the City and the LATIP Committee are requesting Commission approval of the updated LATIP Priority Lists, for the SR 84 Historic Parkway Project LATIP, as reviewed and accepted by the LATIP Committee. The new LATIP lists requested for approval are as follows:
• Attachment 2 – Revised “Exhibit 1, Prioritized LATIP Project List, SR 84 Historic Parkway LATIP”. This is a redline version of the Commission’s previously adopted Exhibit to show updated project names and responsible agencies. • Attachment 3 – Revised “Exhibit 2, Estimated Capital Cost – Proposed LATIP in Priority Order, SR 84 Historic Parkway LATIP”. This is a redline version of the Commission’s previously adopted Exhibit 2 showing the updated cost for the SR 84 Improvements as recommended by the LATIP Committee, new clarifying notes as well as the changes included in the revised Exhibit 1.
• Attachment 4 – “Projection of Revenue and Allocations for the SR 84 Historic Parkway LATIP”. This table was created at the request of the LATIP Committee to reflect the expected/committed revenue from the excess land sales and its allocations to the various LATIP projects in priority order.
• Attachment 5 – line-by-line explanation of the changes proposed to Exhibit 1 and 2 as previously adopted by the Commission.

RESOLUTION LATIP-2223-01:

Be it Resolved, with all conditions stipulated still in effect, that the California Transportation Commission hereby approves an advance funding request for one project programmed in, or otherwise funded from, Local Alternative Transportation Improvement Program (LATIP); and Be it Further Resolved, that the agency understands that they proceed its own risk, as reimbursement is dependent on future availability of the LATIP funding; and Be it Further Resolved, that the project component covered by an approved advance should be ready to proceed to contract award (or equivalent) once the advanced funding is approved; and
Be it Further Resolved, that the agency shall report to the Department within four months following the approval on progress in executing agreements and third-party contracts needed to execute the work; and
Be it Further Resolved, that the attached updated LATIP Priority Lists as reviewed and accepted by the LATIP Committee are hereby adopted for future reference and documentation of the revised funding and allocation priorities for the State Route 84 Historic Parkway Local Alternative Transportation Improvement Program.

City Council/RSA Agenda 20 Tuesday, January 9, 2024
CHAIR AND COMMISSIONERS Reference No.: 4.24
CALIFORNIA TRANSPORTATION COMMISSION May 17-18, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment.”
Attachments:

1. Attachment 1 - LATIP June 6, 2022, Meeting Summary Finalized July 7, 2022

2. Attachment 2 - Revised “Exhibit 1, Prioritized LATIP Project List, SR 84 Historic Parkway LATIP”.

3. Attachment 3 – Revised “Exhibit 2, Estimated Capital Cost – Proposed LATIP in Priority Order, SR 84 Historic Parkway LATIP”.

4. Attachment 4 – “Projection of Revenue and Allocations for the SR 84 Historic Parkway LATIP”.

5. Attachment 5 – line-by-line explanation of the changes proposed to Exhibit 1 and 2 as previously adopted by the Commission.

City Council/RSA Agenda 21 Tuesday, January 9, 2024
1 STATE ROUTE 84 HISTORIC PARKWAY LATIP COMMITTEE
June 6, 2022, 1:00 pm, Via Zoom
Meeting Summary
Attendees:

California Transportation Commission: Teresa Favila, Jon Pray. Beverly Newman-Burckhard
Caltrans: Sunil Repaka (HQ), Val Ignacio (D4) Resham Haddox (D4), Louis Shuman (D4)
Alameda CTC: Vivek Bhat, James O’Brien
VTA: Marcella Rensi
City Of Fremont: Hans Larsen, Jim Pierson, Eliza Villaluz City of Union City: Marilou Ayupan, Mark Evanoff
City of Newark: Jason Imai
Consultant Support: Eileen Goodwin Apex Strategies, Matt Todd GBS, Norma Ortega GBS

1. Welcome and Introductions

2. Confirm that Caltrans has received sufficient LATIP funds to pay for its costs for Land Disposition Fees (the first priority on the LATIP list) Discussion: It is not clear whether Caltrans has compiled all of their costs to date related to the disposal of the State-owned parcels and what portion, if any, was taken “off the top” at the time of the deposit into the special account set up by the State for the LATIP. The Committee discussed the need for a complete accounting of revenues, expenditures and current account balance for the LATIP account.

Committee Recommendation: The Committee recommends that Caltrans provide a complete accounting of revenues and expenditures for the LATIP account. The LATIP Committee acknowledged there will need to be a sub-committee to true up the Caltrans billings to date, the amount of funding currently in the account and a rough “go forward” budget number for planning purposes. The Sub-Committee will be comprised of Val Ignacio (D4) and Norma Ortega, GBS consultant with assistance from Rambabu Bavirisetty (HQ) if needed. It is understood the subcommittee will need to work with the State Controller’s Office to get access to the Reference No.: 4.24
May 17-18, 2023
Attachment 1

City Council/RSA Agenda 22 Tuesday, January 9, 2024
2 exact amounts. The Sub-Committee will convene as soon as practicable and will complete the accounting and report back to the LATIP Committee via a revised chart referred to below, by August 31, 2022.

3. Confirmation of remaining payment to VTA for I880/Mission Blvd. Interchange (LATIP Priority 2)
Discussion: The Committee confirmed that VTA has received $35 million from the LATIP account toward their Letter of No Prejudice (LONP) amount of $42.35 million for the I-880/Mission Blvd. IC Completion (MB196) (Project No. 2 on the LATIP Priority List). The remaining balance due to VTA is 7.35 million.

Committee Recommendation: The LATIP Committee acknowledges and VTA agreed the remaining payment due to VTA is $7,350,000.
.

4. Adopt the revised cost of $17.72 million for the “Existing State Route 84 Improvements” (the third priority project in the LATIP list) as determined by Caltrans District 4 and Fremont
Discussion: The Committee received a report of an updated cost estimate of $17.72 million for the Existing State Route 84 Improvements Project (Project 3 on the LATIP priority list) to replace the “rough estimate” of $9 million included as a placeholder in the LATIP Priority List. The current list approved by the California Transportation Commission (CTC) allows for the update per previous CTC action.

The City of Fremont and Caltrans clarified that after months of negotiation the $17.72 million is an “agreed upon amount” and not intended as an actual cost reimbursement. The scope will not be in a stand-alone project because the City intends to build the project in phases and incorporate additional scope that will make the roadway a complete street (which is not an eligible scope). City of Fremont indicated that they may approach CTC for a LONP/Advanced Construction Authority to advance some phases of the project depending on timing of the funding of the LATIP. CTC staff concurred that they would support that request provided there would be a scope attached to the request that matches the original intent of the LATIP language (Scope).

Action: The Committee unanimously agreed to the LATIP amount for Project 3 on the LATIP Priority List, the Existing State Route 84 Improvements, be updated to $17.72 million based on the approved PSSR developed in partnership by the City of Fremont and Caltrans. The LATIP Committee also acknowledges that all relevant jurisdictions that are sponsors on the LATIP list were present and in concurrence of this revised amount for this project.

5. Determine the process for the CTC to formally adopt the revised cost estimate for Existing State Route 84 Improvements
Reference No.: 4.24
May 17-18, 2023
Attachment 1

City Council/RSA Agenda 23 Tuesday, January 9, 2024
3 Discussion: The Committee discussed the process for updating the LATIP list with the new amount for the Existing State Route 84 Improvements Project (Project 3 on the LATIP Priority List) and determined that sending the record of the LATIP Committee meeting on June 6, 2022, to the CTC would suffice as supporting documentation for the request to update the List. The Committee agreed to create a matching chart for future use by CTC staff to summarize the agreed to amounts for each category.

Action: The Committee unanimously agreed that the record of the LATIP Committee meeting on June 6, 2022, would be sent to the CTC staff attending the meeting and the record would serve as supporting documentation for the Committee’s request to update the LATIP Priority List and any future Letter of No Prejudice (LONP) requests.

6. Confirm that the remaining funding for the LATIP priority projects will be $86,184,000 as shown in Caltrans’ appraisal
Discussion: The Committee discussed the amount to be deposited into the LATIP account following the disposal by the City of Union City as the amount of the appraised value, $86.184 million.

Committee Recommendation: None.

7. Determine the process for project sponsors to receive LATIP funds once the $86,184,000 has been deposited with the state.

Discussion: The Committee discussed the process for sponsors of projects on the LATIP Priority List to access the LATIP funds. CTC staff confirmed that allocations will not be approved until the funds are deposited into the LATIP account, and that project sponsors may request a Letter of No Prejudice to advance a project using other funds at their own risk (similar to the LONP that VTA has in place for Project No. 2 on the LATIP Priority List). CTC staff asked that a new chart be created with notes to be utilized at future CTC items as an attachment that captures these agreements not only as the record of the meeting but also a revised chart for ease of use.

Committee Recommendation: The LATIP Committee acknowledges that the amended LATIP will serve as a programming document. A new chart will be created by Norma Ortega GBS after the Caltrans administrative repayment issue is resolved by August 31, 2022 and distributed to this group.

8. Other issues needed to be addressed by the Full Committee Discussion: None
Meeting Summary prepared by Eileen Goodwin, Apex Strategies, edited by attendees and finalized and redistributed on July 7, 2022 Reference No.: 4.24
May 17-18, 2023
Attachment 1

City Council/RSA Agenda 24 Tuesday, January 9, 2024
PROPOSED REVISIONS TO THE SR 84 LATIP (redline / strikeout)

PRIORITIZED LATIP PROJECT
State Route 84 Historic Parkway
LIST
LATIP
Projec
t ID
Facility Location Responsible
Agency Improvement Name Improvement Description
1 Caltrans Land Disposition Fees Soft costs incurred in the sale of excess State-owned land 2 I-880 Fremont
Caltrans
Fremont
ACTA
I-880/Mission Blvd IC Completion (MB 196)
Mission-Warren Truck Transfer facility, including
reconstruction & widening UPRR bridges over Mission Blvd. construction of Kato Rd ramps and construction of a new grade separation at UPRR/Warren Ave
3 SR-84 Fremont Caltrans
Fremont Existing SR-84 lmprovements
Relinquish Existing SR-84 between I-880 and SR-238 in
accordance with the MOU between ACTA, Caltrans and the
Cities of Union City and Fremont dated May 25, 2006
4 Local Fremont
Union City
Fremont
Union City
ACTA
Quarry Lakes Parkway / Decoto Complete Streets
(East West Connector (MB 226))
Improve, widen and construct local street
between I-880 and SR-238
alignment
5 SR-238 Fremont
Union City
Union City
Caltrans
SR-238 (Mission Blvd) lmprovements
the EWC Project
in the vicinity of Improvements
West Connector
to Mission Blvd in the vicinity of the EastQuarry Lakes Parkway / Decoto Complete Streets project
6 SR-84 Newark
Fremont Caltrans SR-84 HOV WB On-Ramp at Newark Blvd Construct direct HOV lane access ramp from to westbound SR-84 HOV lane
Newark Blvd
7 I-880
Fremont
Newark
Union City
Caltrans I-880 Auxiliary Lanes, Dixon Landing to Alvarado-Niles Construct auxiliary lanes, NB and SB, Alvarado-Niles
from Dixon Landing to
8 I-880
SR-238
SR-84
SR-92
SR-262
South
County Caltrans ICM/TOS (Southern Alameda County)
Provide integrated corridor management (ICM) and traffic operations systems (TOS) elements to the South County
area, primarily on I-880 south of SR-92.
9 I-680 Fremont Caltrans I-680 Northbound HOV/HOT Lane (Santa Clara County line to SR-84)
Construct HOV/HOT lane and auxiliary lanes on northbound I-680 between Santa Clara County line
and SR-84
Exhibit 1
Reference No.: 4.24
May 17-18, 2023
Attachment 2

City Council/RSA Agenda 25 Tuesday, January 9, 2024
PROPOSED REVISIONS TO THE SR 84 LATIP (redline / strikeout)

ESTIMATED CAPITAL COST- PROPOSED LATIP IN PRIORITY ORDER State Route 84 Historic Parkway LATIP
Project ID
Facility Location Responsible
Agency Improvement Name
Total Funding
Need*
(2009 dollars)
Notes
Total Project
Cost (2009
dollars)
Estimated
Project Duration
(years)
1 Caltrans Land Disposition Fees $3,000
Rough Estimate - actual costs of
the Land Disposition are "off the
top"
$3,000 5
2 I-880 Fremont
Caltrans
Fremont
ACTA
I-880/Mission Blvd IC Completion (MB 196) $42,350
In accordance with CTC
Resolution LATIP-1112-01
(March 2012) and AB1462, VTA
advanced $42.35 M in local funds
for implementing this project. An
amount of $35 M generated from
prior sale of properties became
available and was allocated for
reimbursement to VTA
(Resolution FP-15-58 (June 2016
CTC)). An amount of $7.35 M
remains for VTA to request when
revenues from additional property
sales becomes available.
$240,000 11
3 SR-84 Fremont Caltrans
Fremont Existing SR-84 lmprovements $9,000
$17,720
Rough Estimate - actual cost tbd
pending City and Caltrans
negotiation of the scope/cost
required to bring the facility to a
state of good repair
Cost provided in initial LATIP was
a rough estimate. A Caltrans
PSSR document has been
approved and was used as a
reference that helped define the
project cost of $17.72 M. The City
concurs with the cost estimate.

The SR-84 Historic Parkway
LATIP is requested to be
amended to reflect the change to
this project cost (consistent with
the initial LATIP assumption
notes).
$9,000
$17,720 3
4 Local Fremont
Union City
Fremont
Union City
ACTA
Quarry Lakes Parkway / Decoto Complete Streets
(East West Connector (MB 226)) $69,900
Actual funding need may be less
if/when other sources of funding
are secured during project
development
$170,000 7
5 SR-238 Fremont
Union City
Union City
Caltrans
SR-238 (Mission Blvd) lmprovements in the vicinity of
the EWC Project $5,000 $5,000 4
6 SR-84 Newark
Fremont Caltrans SR-84 HOV WB On-Ramp at Newark Blvd $8,000 $8,000 7 I-880
Fremont
Newark
Union City
Caltrans I-880 Auxiliary Lanes, Dixon Landing to Alvarado-Niles $5,000 TBD 3 8 I-880
SR-238
SR-84
SR-92
SR-262
South
County Caltrans ICM/TOS (Southern Alameda County) $10,000 TBD 3 9 I-680 Fremont Caltrans I-680 Northbound HOV/HOT Lane (Santa Clara County line to SR-84) $10,000 $200,000 5
TOTAL: $162,250
$170,970
$635,000
$643,720
Notes:
* All costs shown in thousands of dollars
Exhibit 2
Reference No.: 4.24
May 17-18, 2023
Attachment 3

City Council/RSA Agenda 26 Tuesday, January 9, 2024

PROJECTION OF REVENUE AND ALLOCATIONS FOR THE
STATE ROUTE 84 HISTORIC PARKWAY LATIP
Reference
ID
Facility Location Improvement Name
Total Funding
Need
(programmed
amount)
LATIP
Revenue
(Actual and Projected)
LATIP
Allocations
(actual and projected)
Projected
LATIP
Balance
Notes
A -CTC action
6/25/15 $35,100,000 CTC Action identified $39.494M in revenue with $4.394M going to Alameda County Trasnp. Auth.

B -CTC Action
06/24/21 $86,184,000
CTC Action approved conveyance of Excess StateOwned Real Property to Union City for housing development at appraised value of $86.184 M. The
agreement requires the funds to be deposited in the
LATIP by FY 26/27. Union City Council entered into
Exclusive Negotiation Agreement with City Ventures
(Developer) on 12/14/21.

TOTAL REVENUE (actual and projected) $121,284,000
1 Land Disposition Fees $3,000,000 $3,000,000 $118,284,000 Rough Estimate - actual costs of the Land Disposition will be "off the top"
2 I-880 Fremont I-880/Mission Blvd IC Completion (MB
196) $42,350,000
Allocated
6/2016
Balance to be
allocated -
projected to
occur 27/28
$35,000,000
$7,350,000
$83,284,000
$75,934,000
In accordance with CTC Resolution LATIP-1112-01
(March 2012) and AB1462, VTA advanced $42.35 M
in local funds for implementing this project. An
amount of $35 M generated from completed sale of
properties became available and was allocated for
reimbursement to VTA (Resolution FP-15-58 (June
2016 CTC)). An amount of $7.35 M remains for VTA
to request when revenues from additional property
sales becomes available.

VTA will request the allocation of the remaining funds
upon deposit of the next LATIP revenues
3 SR-84 Fremont Existing SR-84 lmprovements $17,720,000 Projected to be allocated 27/28 $17,720,000 $58,214,000
Cost provided in initial LATIP was identified as a
"Rough Estimate - actual costs tbd pending City and
Caltrans negotiations of the scope/cost required to
bring the facility to a state of good repair". A Caltrans PSSR document has been approved and was used
as a reference that helped define the project cost of
$17.72 M. The City of Fremont concurs with the cost
estimate. City of Fremont, on behalf of the LATIP
Committee, will request the amendment to the SR-84
Historic Parkway LATIP to reflect the change to this
project cost (consistent with the initial LATIP
assumption notes) concurrently with an allocation
advancement request.
4 Local Fremont
Union City
Quarry Lakes Parkway / Decoto
Complete Streets
(also referred to as East West
Connector (MB 226))
$69,900,000 Projected to be
allocated 27/28 $58,214,000 $0
Union City will request an allocation of funds upon
deposit of additional LATIP revenue. Based on the
appraised value of the land in the Purchase and Sale
Agreement, there is not anticipated to be enough
LATIP revenues to allocate the full $69.9 M identified
for this project.

Project is now also referred to as Quarry Lakes
Parkway / Decoto Complete Streets project.
5 SR-238 Fremont
Union City
SR-238 (Mission Blvd) lmprovements in
the vicinity of the EWC Project
(also referred to as Quarry Lakes
Parkway / Decoto Complete Streets)
$5,000,000
6 SR-84 Newark
Fremont
SR-84 HOV WB On-Ramp at Newark
Blvd $8,000,000
7 I-880
Fremont
Newark
Union City
I-880 Auxiliary Lanes, Dixon Landing to
Alvarado-Niles $5,000,000
8 I-880
SR-238
SR-84
SR-92
SR-262
South
County ICM/TOS (Southern Alameda County) $10,000,000
9 I-680 Fremont I-680 Northbound HOV/HOT Lane (Santa
Clara County line to SR-84) $10,000,000
TOTAL: $170,970,000 $121,284,000
Updated 3/6/23
Reference No.: 4.24
May 17-18, 2023
Attachment 4

City Council/RSA Agenda 27 Tuesday, January 9, 2024
Notes regarding the proposed revisions
Revisions to the "Prioritized LATIP PROJECT LIST"
Line 3 The state route has been relinquished to the City of Fremont. The LATIP document is revised to reflect City of Fremont will be the responsible agency.

Line 4 The Alameda CTC (the successor agency to the ACTA) has relinquished the delivery of the project to the City of Union City.

The LATIP document is revised to reflect that City of Fremont and Union City will be the responsible agencies.

Line 4 Union City is now the responsible agency for delivering the approved LATIP improvements and is referring to the project by a new name. The LATIP document is revised to reflect the new project name.

Line 5 The improvements of this LATIP project will connect with the eastern end of the improvements of the project in Line 4 of the LATIP. Union City and Caltrans will coordinate the scope and improvements. The LATIP document is revised to reflect that City of Union City will also be a responsible agencies.

Line 5 The LATIP document is revised to reflect the reference to the new project name from Line 4 of the LATIP.

Revisions to the "ESTIMATED CAPITAL COST- PROPOSED LATIP IN PRIORITY ORDER" Line 2 Added information to the Notes field about the project delivery and LATIP funding status.

Line 3 Revision to the Responsible Agency. See notes from the "Revisions to the "Prioritized LATIP PROJECT LIST"".

Line 3 Revised the Total Funding Need for the project, consistent with the level of funds agreed upon between the City of Fremont and Caltrans District 4, as well as the LATIP Committee.

Line 3 The initial note for this project referred to additional information becoming available in the future. Added information to the Notes field about the project delivery and LATIP funding status, including the revision to the amount of LATIP funding available to this project.

Line 3 Revised the Total Project Cost for the project, consistent with the level of funds agreed upon between the City of Fremont and Caltrans District 4, as well as the LATIP Committee.

Line 4 Revision to the Responsible Agency. See notes from the "Revisions to the "Prioritized LATIP PROJECT LIST"".

Line 4 Revision to the Improvement Name. See notes from the "Revisions to the "Prioritized LATIP PROJECT LIST"".

Line 4 Union City current cost estimates indicate the use of up to $69.9 M of LATIP funds. The LATIP document Notes column is revised to reflect this assumption.

Line 5 Revision to the Responsible Agency. See notes from the "Revisions to the "Prioritized LATIP PROJECT LIST"".

Reference No.: 4.24
May 17-18, 2023
Attachment 5

City Council/RSA Agenda 28 Tuesday, January 9, 2024
Agenda Item
DATE: 1/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH VSCE, INC., IN THE AMOUNT OF $434,000, FOR A TOTAL CONTRACT AMOUNT OF $883,100, FOR PROJECT MANAGEMENT

SERVICES FOR THE QUARRY LAKES PARKWAY PROJECT, CITY
PROJECT NO. 18-04
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $434,000, for a total contract amount of $883,100, for Project Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04.

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

Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian railcrossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.

BACKGROUND
At the November 19, 2020 Alameda County Transportation Commission (Alameda CTC) Meeting, Alameda CTC staff in partnership with Union City staff, presented the findings of the Quarry Lakes Parkway (former East West Connector) project. Following Alameda CTC staff’s recommendation, the full Commission adopted a resolution to:

1. Commit the remaining balance of 1986 Measure B funding for the East West Connector (I-880 to Mission Blvd) Project to the Quarry Lakes Parkway Project ($69.0 Million) sponsored by Union City Council/RSA Agenda 29 Tuesday, January 9, 2024
City and acknowledging that the commitment fulfills the 1986 Measure B funds from the 1986 Transportation Expenditure Plan.

2. Allocate $4.2 Million of 1986 Measure B funds to design phases of Phase 1 (7 th Street Connection)
for $2.0 Million and Phase 2 (Gateway Connection) for $2.2 Million.

3. Allocate $17.8 Million of 1986 Measure B funds to design phases of Phase 3 (11 th Street
Connection) for $9.2 Million and Phase 4 (Grade Separations & Alvarado-Niles Connection) for $8.6 Million with the condition that full funding for all phases of the segment will be identified in the funding agreement.

4. Authorize the Executive Director, or designee of the Executive Director, to execute a project funding agreement, or agreements, with the City of Union City for the design phases of Phases 1, 2, 3 and 4 of the Quarry Lakes Parkway Project up to the amount allocated in the design phases for each segment.

On August 9, 2021, the City of Union City entered into Consulting Service Agreement with VSCE, Inc. (C5778), in the amount of $74,100, for Project Management Services in the preparation of a Request for Proposal (RFP) for selecting a Consultant for the Final Design of Quarry Lakes Parkway for Phases 1 and 2, City Project No. 18- 04, and managing the selected Design Consultant for the Preliminary Engineering (30% Design) Phase of Phases 1 and 2.

On January 11, 2022, the City Council adopted Resolution No. 5878-22, awarding the design of Phases (Segments) 1 and 2 of Quarry Lakes Parkway (East West Connector) to Mark Thomas & Company, Inc. This award came after several months of a Request for Proposals (RFP) process, pre-proposal meeting, responding to consultant questions and conducting a project interview and then selecting the most qualified, experienced consultant team.

On September 9, 2022, the U.S. Army Corps of Engineers facilitated an Interagency Meeting to allow Union City and the Consultant Team to present and discuss Quarry Lakes Parkway and the required construction permits due to impacts to existing wetlands (Basin 2C and New Basin), the relocation of the existing Line M Flood Channel near 7
th Street, the proposed outfall structures in Old Alameda Creek, including the creek restoration, and the design of the storm water quality treatment basin and hydromodification and potential on-site mitigation opportunities. As documented in the former East West Connector approved EIR, the expected regulatory permits include U.S. Army Corps of Engineers, Section 404 for wetlands, outfall structure and creek restoration, U.S.

Fish and Wildlife Services, Section 7 for California red-legged frog and tiger salamander, California Department of Fish and Wildlife Services, Section 1602 for Stream Alteration Agreement and Section 2081 for Incidental Take Permit (tiger salamander) and Regional Water Quality Control Board, Section 401 for Water Quality Certification/Wastewater Discharge Requirements.

On September 13, 2022, the City Counciladopted Resolution No. 6003-22, approving the First Amendment to the Consulting Services Agreement with VSCE, Inc. (C5778b), in the amount of $375,000, for a totalcontract amount of $449,100, and extended the “Term of Services” of the Agreement to December 31, 2023.

On November 22, 2022, the City Council adopted Resolution No. 6045-22, authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $3,000,000.

At the same time meeting, the City Council adopted Resolution No. 6046-22, authorizing the City Manager to execute a Consulting Services Agreement with Mark Thomas & Company, Inc., for Preliminary Engineering (30% Final Design) of the East West Connector (Quarry Lakes Parkway, Phases 3 and 4), City Project No. 18-04, in the amount of $2,087,600.

Richard Tanaka, VSCE’s assigned Project Manager, has assisted the City in managing the Mark Thomas’ Consulting Services Agreement including coordination of technical meetings with staff and other agencies including City Council/RSA Agenda 30 Tuesday, January 9, 2024
the Alameda CTC, City of Fremont, Alameda County Flood Control and Water Conservation District (ACFC&WCD), Alameda County Water District (ACWD), utility companies and regulatory agencies.

DISCUSSION
Quarry Lakes Parkway (QLP), a new multimodal corridor parallel to Decoto Road, is the important backbone infrastructure for local internal circulation for all modes of transportation, access to and from the Union City BART Station, major utilities, and overall storm water treatment and drainage to support the build-out of the 100- acre Station District Area.

Other critical efforts include coordination and meetings with the City of Fremont, Regional Water Quality Control Board, Alameda County Flood Control & Water Conservation District, Gateway developer, BART, Union Pacific Railroad, and their technical team, and providing them with Quarry Lakes Parkway Design Submittals, CAD files, drawings, technical reports, surveys, and other pertinent engineering information for their review and comments.

For Quarry Lakes Parkway, Phase 1 (7
th Street Connection) and Phase 2 (Gateway Site), the Mark Thomas Project Team completed 35% Engineering Plans in late 2022 and submitted them to the agencies for their review and comments. The agencies and utility companies completed their design review comments by early 2023. The Consultant Team reviewed all public agencies and utilities comments and proceeded with preparation of the 65% Design Plans for resubmittal to all the agencies and utilities in early 2024.

For Quarry Lakes Parkway, Phase 3 (Niles Subdivision Grade Separation) and Phase 4 (BART and Oakland Subdivision Grade Separations), the Mark Thomas Project Team completed the 30% Preliminary Engineering Plans in August 2023 and submitted them to Union Pacific Railroad and BART for their structural and trackway design review and comments.

Over the past year, the following milestones have been accomplished:

The Project Team redesigned Quarry Lakes Parkway as a multimodalcorridor implementing the Caltrans Highway Design Manual, California MUTCD (Municipal Unified Traffic Control Devices) and NACTO (National Association of City Transportation Officials) design standards and criteria for trails, bikeways, and transit.

The Project Team presented the Preliminary Design (30% Design) of Quarry Lakes Parkway, Phase 3 (Niles Subdivision Grade Separation) and Phase 4 (BART and Oakland Subdivision Grade Separations) to Union City’s Bicycle and Pedestrian Advisory Committee (BPAC), Bike East Bay, Bike Fremont, and other interested parties at the January 17, 2023 BPAC meeting for review, questions, and comments.

The Project Team presented the “Complete Streets” Design of Quarry Lakes Parkway, Phase 1 (7 th
Street Connection) and Phase 2 (Gateway Site) to the BPAC, Bike East Bay, Bike Fremont, and other interested parties at the February 21, 2023 BPAC meeting for review, questions, and comments.

The Project Team presented an updated “Complete Streets” Design of Quarry Lakes Parkway, Phases 1-4, to the BPAC, Bike East Bay, Bike Fremont, and other interested parties at the June 6, 2023 (Special Date) BPAC meeting for review, questions, and comments.

Alameda County Flood Control & Water Conservation District confirmed that the Line M bypass major drainage structure (as identified in the 2011 East West Connector Plans) from existing Line M Flood Control Channel nearby 7
th Street to Old Alameda Creek within Quarry Lakes Parkway, Phases 1-4, is no longer required to divert flow from Line M because of the District’s recent construction of flood City Council/RSA Agenda 31 Tuesday, January 9, 2024
walls further downstream.

Regional Water Quality Control Board approved the design of the Water Quality Treatment Basin between Old Alameda Creek and the new Quarry Lakes Drive and provided concurrence to utilize Old Alameda Creek for hydromodification significantly reducing the size of the water quality treatment basin identified in the 2011 East West Connector Plans.

Regional Water Quality Control Board supported the development of a design that includes “on-site mitigation” within the project limits and existing watershed for wetlands mitigation by restoring, regrading and replanting areas of Old Alameda Creek and the Consultant Team continues to work with agency staff in refining the creek restoration design.

The Project Team prepared, in July 2023, the Quarry Lakes Parkway’s “Union Pacific Railroad Design Variance Report for Proposed Underpass Grade Separation Structures at the Oakland Subdivision (MP

26.0) and Niles Subdivision (MP 27.3)” since Union Pacific Railroad’s Project Manual, dated July 30, 2021, Section 5 - Grade Separation Projects no longer allows Underpass Grade Separation structures.

UPRR was satisfied with the documentation and justification in the Variance Report. In addition, by late 2023, UPRR completed their review of the two grade separation structures, and the Project Team is currently updating the plans to incorporate their comments.

Because of recent staff changes at BART, they have not yet completed their design review of the Quarry Lakes Parkway, Phase 4. Union City expects BART to be completed with their design review comments by the end of January 2024.

The Second Amendment to the Consulting Services Agreement, in the requested amount of $434,000, if approved, will allow VSCE, Inc. to continue to provide Project Management Services of the Design Consultant for Quarry Lakes Parkway, Phases 1-4, including but not limited to, coordination with the Consultant Project Team, the City of Fremont, Alameda CTC, regulatory agencies, utility companies and the Gateway Site developer, including meeting attendance, review of presentations and meeting minutes, review of draft technical reports and plans prepared by the Design Consultant and the developer’s Engineer for the Quarry Lakes Parkway Project, City Project No. 18-04.

The Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the requested amount of $434,000, if approved, will bring the total contract amount to $883,100, and will extend the “Terms of Services” in the Agreement to December 31, 2025.

FISCAL IMPACT
The Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $434,000, will be funded with $134,000 available in the Measure BB Streets and Roads Fund (Account Number 2545-3199- 91804-54110) and $300,000 available in the Public Improvement Fund (Account Number 4160-3199-91804-54110).

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $434,000, for a total contract amount of $883,100, for Project Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04.

Prepared by:

City Council/RSA Agenda 32 Tuesday, January 9, 2024
Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Second Amendment to CSA Attachment
Resolution Resolution
City Council/RSA Agenda 33 Tuesday, January 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and VSCE, Inc.

SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5778)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 9th day of January 2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and VSCE, Inc., ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on August 9, 2021, the Parties entered into a Consulting Services Agreement for Project Management Services for Quarry Lakes Parkway, City Project No. 18-04, (C5778) (“Agreement”), in an amount not to exceed $74,100, and wherein the Consultant will provide the City with services for the Public Works Department; and WHEREAS, on September 13, 2022, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C5778b, to extend the term of services through December 31, 2023, and to increase the compensation by $375,000; and
WHEREAS, the Parties desire to further amend the Agreement to expand the scope of services, increase the compensation by $434,000, and extend the term; and WHEREAS, the City and Consultant desire to enter into this Second Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The Scope of Services, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Second Amendment, attached hereto and incorporated herein by reference.

2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Four Hundred Thirty-Four Thousand Dollars ($434,000) as set forth in Exhibit B of this Second Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Eight Hundred Eighty-Three Thousand One Hundred Dollars ($883,100). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Eight Hundred EightyThree Thousand One Hundred Dollars ($883,100), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

3. The “Term of Services” as set forth in the first sentence of Section 1.1, is hereby extended to December 31, 2025.

City Council/RSA Agenda 34 Tuesday, January 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and VSCE, Inc.

4. All other provisions of the Agreement, as previously amended by the First Amendment, remain unchanged except as modified by this Second Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY VSCE, Inc.

By By
Joan Malloy Jesus M. Vargas
City Manager President
Attest:
___________________________
Jennifer Phan
Acting City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 35 Tuesday, January 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and VSCE, Inc.

EXHIBIT A

SCOPE OF SERVICES
1) Scope of Services for this Second Amendment provides Project Management Services with a focus on Final Design of Quarry Lakes Parkway, Phase 2 (Gateway Site) from 65% PS&E to Final PS&E ready for bidding. Quarry Lakes Parkway, Phase 2 project is anticipated to be in two (2) separate Construction Packages Phase 2A-Water Quality Treatment Basin Grading Plans/Creek Restoration and Phase 2B – Quarry Lakes Parkway and Quarry Lake Drive Roadway Improvements Plans. VSCE will continue to provide Project Management Services when applicable for remaining segments of Quarry Lakes Parkway, Phase 1 (7 th
Street Connection), Quarry Lakes Parkway, Phase 3 (Niles Subdivision Grade Separation Structure) and Quarry Lakes Parkway, Phase 4 (BART and Oakland Subdivision Grade Separation Structures)
The scope of services is as follows:

The management functions are described in detail below:

1.1 Supervise, Coordinate and Monitor Design: On behalf of City, Consultant will supervise, coordinate, and monitor design for conformance with guidelines, standards and policies.

1.2 Coordination with City: Consultants will attend weekly city meetings and develop action lists as needed for implementation and attend other city meetings as required.

Consultant will coordinate, interface, and work with city staff for project issues, strategies, critical paths tasks, design innovations, reviews of designer’s work products, and provide inputs/comments/responses to designers in conjunction with city staff.

1.3 Coordination with design team: Consultants will coordinate with the design consultants, utility providers and affected agencies for timely flow of information for each task activity.

1.4 Codes/Standard Compliance: Consultant will work with the design firm to confirm compliance with other codes and standards acceptable to City. Any deviation from these standards and codes shall be documented as “Design Deviation”.

1.5 Update Project CPM Schedule: Consultant will update the Project CPM schedule on as needed basis.

1.6 Meetings: Consultant will attend bi-monthly design coordination check-in meetings. This task also includes up to 8 stakeholder/agency meetings to resolve engineering issues and one presentation to City Council. This may include meetings City Council/RSA Agenda 36 Tuesday, January 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and VSCE, Inc.

with AC Transit, Union City Transit, Caltrans, East Bay Regional Park District, ACFC&WCD, Union Sanitary District, Alameda County Water District and RWQCB. This Task includes four (4) Bicycle and Pedestrian Advisory Committee (BPAC) meeting and one Parks and Recreation Commission meeting.

1.7 Non-scheduled City Meetings: Consultant will attend monthly and quarterly meetings and non-scheduled meetings as required including city publicly noticed design update meeting for the benefit of the public, bicycle, pedestrian, and transit advocates. These meetings may be combined with BPAC meetings.

1.8 Invoices and Progress Reports: Consultant will review invoices submitted by design consultants and make recommendations as appropriate. Consultant will work with design firms to progress status on a monthly basis. Where appropriate, design approval for extra work will be prepared, whether this extra work is considered to be reallocated from existing contract amount or new work.

1.9 Quality Control at 95% PS&E: Consultant with VSCE team will perform quality control review at the 95% PS&E submittal.

1.10 Quality Control at Final PS&E: Consultant will perform quality control review of the Final PS&E.

1.11 Quality Assurance: Consultant will work with the design firm to maintain implement a quality control and quality assurance procedures for design activities, ensure in-house quality control reviews for each report and other task deliverables have been completed.

1.12 Design Coordination Meetings: Consultant will coordinate and attend bi-monthly Project Development Team (PDT) design coordination meetings. The location for the meetings will be a location to be determined by the City of Union City and meetings shall include a video capable conference link for remote attendance.

Consultant will work with the design firm to prepare and submit an agenda, status of submittals register, data request log of information requested from and provided to others and meeting minutes after each meeting.

City Council/RSA Agenda 37 Tuesday, January 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and VSCE, Inc.

EXHIBIT B

COST PROPOSAL AND SCHEDULE
This amendment is in the amount of $434,000, which proposes to increase the contract amount from $449,100 to $883,100.

The detailed staff expenditure summary along with billing rates for each staff is as follows:

Staff Expenditure Summary
Staff Hours Billing Rate Cost
Richard Tanaka (PM) 1,190 $ 290.00 $345,100.00
Jesus Vargas (Advisor) 76 $ 290.00 $ 22,040.00
Amy Lei (Project
Controls/Administrator) 90 $ 115.00 $ 10,350.00
Jill Borner-Brown 80 $ 230.00 $ 18,400.00
Trinity Nguyen (Program Manager) 120 $ 265.00 $ 31,800.00 Reimbursable/Mileage $6,310
TOTAL 1,556 $434,000
SCHEDULE UPDATES:
1) Project Management Services for Quarry Lakes Parkway, Phase 2 Change from July 1, 2022 to June 30, 2025 (anticipated design completion) City Council/RSA Agenda 38 Tuesday, January 9, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH VSCE, INC.,
IN THE AMOUNT OF $434,000, FOR A TOTAL CONTRACT AMOUNT OF $883,100,

FOR PROJECT MANAGEMENT SERVICES FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04
WHEREAS, the Alameda County Transportation Commission (Alameda CTC) approved on March 22, 2018, the request from the City of Union City to be the project sponsor for the remaining phases of the I-880 to Mission Boulevard/East West Connector Project and to update the project description eligible for the remaining commitment from the 1986 Measure B Transportation Expenditure Plan to reflect the Quarry Lakes Parkway Project; and WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the I-880 to Mission Boulevard/East West Connector Project to the Quarry Lakes Parkway Project; and
WHEREAS, the City Council has identified in the Strategic Plan Goal C, Strategy 2:

Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE; and WHEREAS, the Quarry Lakes Parkway (QLP) Project is a new four-lane multimodal corridor, parallel to Decoto Road between Paseo Padre Parkway in Fremont and Mission Boulevard in Union City, and the Decoto Road “Compete Streets” Project is the modification of the existing four-lane Decoto Road to a transit priority and multimodal corridor between I-880 and Paseo Padre Parkway in Fremont, which will be implemented by the City of Fremont; and WHEREAS, QLP in Union City consists of Phase 1: 7
th Street Connection, Phase 2:

Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection; and
WHEREAS, QLP also includes Phase 5: Paseo Padre and Trail Connection, which is in both the cities of Union City and Fremont; and
WHEREAS, the 2020 cost estimate for the QLP and Decoto Road Complete Streets is approximately $288 million and the cost estimate of QLP Phases 1-4 is approximately $208 million; and
WHEREAS, on November 19, 2020, the Alameda CTC adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B, CMA-TIP, and future LATIP (Local Agency Transportation Improvement Program) proceeds from the sale of the former Caltrans City Council/RSA Agenda 39 Tuesday, January 9, 2024
Resolution XXXX-24

Route 84 property in Union City for funding on Quarry Lakes Parkway (former East West Connector), Phases 1-4 projects for approximately $208 million with the QLP, Phase 1: 7th Street Connection at $16.7 million and QLP, Phase 2: Gateway Connection (on the former Caltrans Property) at $20.3 million, which are fully funded phases; and WHEREAS, on June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84), appraised at $86 million, to the City of Union City and the City is now responsible to select a residential developer; and
WHEREAS, the $86 million from the sale of the Caltrans parcels for residential development will fund the Local Agency Transportation Improvement Program (LATIP) with estimated LATIP obligations of about $60 million to Quarry Lakes Parkway and Decoto Road Complete Streets; and
WHEREAS, on August 9, 2021, the City of Union City entered into a Consulting Services Agreement, C5778, with VSCE, Inc., in the amount of $74,100, for Project Management Services in the preparation of a Request for Proposal (RFP) for selecting a Consultant for the Final Design of Quarry Lakes Parkway for Phases 1 and 2, City Project No. 18-04, and managing the selected Design Consultant for the Preliminary Engineering (30% Design) Phase of Phases 1 and 2; and
WHEREAS, on October 14, 2021, the City prepared a notification that the upcoming Request for Proposal (RFP) for Preliminary Engineering (30% Design) of Phases 1 and 2 for Quarry Lakes Parkway, City Project No. 18-04, would be available on city’s website on October 19, 2021 and the notice was emailed to all potential Prime Consultant and Subconsultant firms on the Alameda CTC’s Certified Firms List dated October 1, 2021; and WHEREAS, on December 9, 2021, a Consultant Presentation and Interactive Technical Interview was held at Studio 11 with the Mark Thomas team and the Evaluation Panel consisting of city staff representing the City Manager’s Office, the Community and Economic Development Department, the Public Works Department, and Union City Transit, as well as a Bicycle and Pedestrian Advisory Committee (BPAC) member and a potential developer; and WHEREAS, on January 11, 2022, the City Council adopted Resolution No. 5878-22, authorizing the City Manager to execute a Consulting Services Agreement with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Design) of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $1,200,000; and
WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 6003-22, approving the First Amendment to the Consulting Services Agreement with VSCE, Inc. (C5778b), in the amount of $375,000, for a total contract amount of $449,100, for Project Management for Quarry Lakes Parkway, City Project No. 18-04, and extended the “Terms of Services” of the Agreement to December 31, 2023; and
City Council/RSA Agenda 40 Tuesday, January 9, 2024
Resolution XXXX-24

WHEREAS, on November 22, 2022, the City Council adopted Resolution No. 6045-22, authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $3,000,000; and
WHEREAS, at the same meeting, the City Council adopted Resolution No. 6046-22, authorizing the City Manager to execute a Consulting Services Agreement with Mark Thomas & Company, Inc., for Preliminary Engineering (30% Final Design) of the East West Connector (Quarry Lakes Parkway, Phases 3 and 4), City Project No. 18-04, in the amount of $2,087,600; and
WHEREAS, the Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the requested amount of $434,000, if approved, will allow VSCE, Inc. to continue to provide Project Management Services of the Design Consultant for Quarry Lakes Parkway, Phases 1-4, including but not limited to, coordination with the Consultant Project Team, the City of Fremont, other public and regulatory agencies, utility companies and the Gateway developer, including meeting attendance, review of presentations and meeting minutes, review of draft technical reports and plans prepared by the Design Consultant and the developer’s Engineer for the Quarry Lakes Parkway Project, City Project No. 18-04; and WHEREAS, the Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the requested amount of $434,000, if approved, will bring the total contract amount to $883,100, and will extend the “Terms of Services” in the Agreement to December 31, 2025; and WHEREAS, the Second Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $434,000, will be funded with $134,000 available in the Measure BB Streets and Roads Fund (Account Number 2545-3199-91804-54110) and $300,000 available in the Public Improvement Fund (Account Number 4160-3199-91804-54110).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with VSCE, Inc., which will increase the contract amount by $434,000, for a total contract amount of $883,100, and which will extend the “Term of Services” of the Agreement to December 31, 2025, for Project Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

City Council/RSA Agenda 41 Tuesday, January 9, 2024
Resolution XXXX-24

ABSTAIN:

APPROVED:
___________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 42 Tuesday, January 9, 2024
Agenda Item
DATE: 1/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION OPENING THE APPLICATION PROCESS FOR

COMMERCIAL CANNABIS PERMIT(S) AND APPROVING THE

PROCEDURES TO GOVERN THE MANNER IN WHICH THE CITY

COUNCIL WILL DETERMINE THE MOST QUALIFIED APPLICANT(S)

TO RECEIVE THE PERMIT(S)
Staff recommends that the City Council adopt a resolution opening the application process for a commercial cannabis permit, effective January 10, 2024 through March 9, 2024. This application process would be limited to applicants who have previously received an intent to award a commercial cannabis permit. Furthermore, by way of adoption, City Council would approve the procedures to govern the manner in which the City Council will determine whether it willaward a permit to any potentialapplicant(s).

STRATEGIC PLAN ALIGNMENT
This report is in alignment with the following City Council Priority:

Goal A: Financial Stability and Sustainability
Strategy 5: Implement the City’s cannabis program to attain the anticipated new revenue with a commitment to adopting where necessary in light of evolving Statewide trends.

BACKGROUND
On November 14, 2017, the City Council adopted Chapter 5.44 of the Union City Municipal Code (“UCMC”), which established the regulatory framework for commercial cannabis operators within the City.

Concurrently, the City Counciladopted Resolution No. 5144-17, allowing for up to three commercialcannabis permits in each of the following categories:cultivation, manufacturing, distribution, testing, and retail.

The City Council has awarded commercialcannabis permits for two retail businesses that have opened and are currently in operation: Jiva UC LLC located at 30545 and 30547 Union City Boulevard, Union City, CA City Council/RSA Agenda 43 Tuesday, January 9, 2024
94587 and Flor East Bay LLC located at 3100 Courthouse Drive, Union City, CA 94587. There are no active or valid commercialcannabis permits for cultivation, manufacturing, distribution or testing.

The City Council reopened the application period for commercial cannabis permits on September 27, 2022, and subsequently, the City Council adopted Resolution No. 6166-23 on July 11, 2023 declaring its intent to award Responsible and Compliant Retail Union City LLC dba Embarc Union City (“Embarc”) a commercial cannabis permit to operate a dispensary located at 2625 and 2633 Decoto Road subject to compliance with all necessary conditions (the “Resolution of Intent”).

Since July 2023, staff have been working with Embarc to establish conditions of approval pursuant to the Resolution of Intent for City Councilconsideration for ultimate award of a commercialcannabis permit. Under the established procedures for this application cycle, applicants who receive a Resolution of Intent to award a permit have six months to secure a commercial cannabis permit. Thus, Embarc has until January 10, 2024 to obtain a commercial cannabis permit. Given the deadline, Embarc formally requested that the City pause the processing of their permit application to allow them time to evaluate their proposed location and to continue their engagement with the community. Embarc has not requested that the City resume processing their permit application since that time.

Staff conveyed Embarc’s request to the City Council at its December 12, 2023 meeting and sought further direction. The City Council provided policy direction for City staff to develop administrative procedures that would allow any applicants who have previously received an intent to award a commercial cannabis permit to apply for a new permit at a new location within the City. Staff is now seeking City Council’s approval of administrative procedures that reflect this alternative process. The proposed procedures are outlined in Exhibit A.

Applicants that have previously received a resolution of intent to award a commercial cannabis permit and are thus eligible to apply include Embarc, Eden Campus Holding, Redwood Medical Supply, Harvest of Union City, Jiva Life, LLC (Lemonnade) and Flor East Bay, LLC.

DISCUSSION
Staff recommends that the City Council work with applicants who have previously received an intent to award a commercial cannabis permit. This will allow the City to effectively and efficiently streamline the process as it would only apply to applicants that have been vetted and deemed to be qualified applicants.

An application to obtain a commercial cannabis permit in this process would still undergo extensive review, including the City’s consultant for completeness, followed by an evaluation by the Police Department, the Planning Division, Finance Department, and any other relevant staff before a recommendation is made to the City Manager and ultimately presented to the City Council for consideration.

Applicants would still be required to obtain a Zoning Verification Letter, submit its proposed location, a Business Plan, Development Plan, Labor and Employment Plan, Safety Plan, Security Plan, Neighborhood Plan, and Community Benefits Plan. In addition, applicants will be asked to identify any changes to previously submitted plans that were necessitated by the proposed new location.

Once the review is complete, the City Council will consider the City Manager’s recommendation at a public hearing and determine if it should declare its intent to award a permit for a new location. If the City Council adopts a resolution declaring its intent to award a permit, staff will then work with the applicant and prepare appropriate conditions of approval for award of the permit at a subsequent meeting.

Given that the process opened on September 27, 2022 is set to expire on January 10, 2023 without any award City Council/RSA Agenda 44 Tuesday, January 9, 2024
of permit, this proposed process would include availability of the following permit types: cultivation (3), manufacturing (3), distribution (3), testing (3), and retail (1).

FISCAL IMPACT
There is no fiscal impact as a result of the City Council taking the recommended action. Cannabis applicants will be required to pay the total application fee of $10,693.00 to compensate the City for staff time processing the application. If an application is deemed incomplete in the preliminary determination of eligibility, the applicant will be provided a refund for application process fees in which they did not participate.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution opening the application process, effective January 10, 2024 through March 9, 2024, for existing commercial cannabis permit holders or applicants who have previously received an intent to award a commercial cannabis permit to apply for a permit. Furthermore, by way of adoption, City Council would approve the procedures to govern the manner in which the City Council will determine whether it willaward a permit to said applicants.

Prepared by:

Jennifer Phan, Deputy City Manager
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Resolution to Open Application for Cannabis Permit(s)
Resolution
Exhibit A - Cannabis Application Procedures (dated January 10, 2024)
Exhibit
City Council/RSA Agenda 45 Tuesday, January 9, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY OPENING

THE APPLICATION PROCESS FOR COMMERCIAL CANNABIS PERMIT(S) AND

APPROVING THE PROCEDURES TO GOVERN THE MANNER IN WHICH THE

CITY COUNCIL WILL DETERMINE THE MOST QUALIFIED APPLICANT(S) TO

RECEIVE THE PERMIT(S)
WHEREAS, on November 14, 2017, the City Council adopted Ordinance No. 845-17 which, among other things, established a permitting process for approval of commercial cannabis operators in the City of Union City; and
WHEREAS, on November 14, 2017, the City Council adopted Resolution No. 5144-17, which allowed for up to three commercial cannabis permits in each of the following categories:
cultivation, manufacturing, distribution, testing, and medicinal retail; and WHEREAS, pursuant to Union City Municipal Code (“UCMC”) Section 5.44.030(D)(2), the City Council may, in its sole discretion, adopt a resolution to open the process for accepting applications for commercial cannabis permit(s) and adopt the procedures to govern the application process and the manner in which the City Council will determine the most qualified applicant to receive the permit(s); and
WHEREAS, the City, having conducted several application cycles for commercial cannabis permits, has determined that a qualified pool of operators, consisting of entities that have previously received an intent to award a commercial cannabis permit, exists (otherwise known as “Approved Entities”); and
WHEREAS, the City Council desires to establish as a minimum qualification for the proposed procedures that an applicant be an Approved Entity. This will allow the City to effectively and efficiently streamline the process with qualified applicants; and WHEREAS, Approved Entities desiring to obtain a commercial cannabis are required to comply with the selection and award process identified in this Resolution; and WHEREAS, this Resolution does not require or obligate the City Council to award or issue any commercial cannabis permits following the application process even if the City Council determines that an applicant or applicants are qualified to receive the permit(s). The City Council, in its sole and absolute discretion, expressly reserves the right to not award a commercial cannabis permit to an applicant.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby open the application process, effective January 10, 2024 through February 9, 2024, for Approved Entities to apply for commercial cannabis types permitted pursuant to Resolution No. 5144-17, to the extent such permits are available.

City Council/RSA Agenda 46 Tuesday, January 9, 2024
Resolution No. XXXX-24

BE IT FURTHER RESOLVED that the City Council approves the procedures to govern the manner in which the City Council will determine the most qualified applicant(s) to receive the permit(s) as identified in Exhibit A to this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
__________________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
__________________________________ ___________________________________ JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 47 Tuesday, January 9, 2024
JANUARY 10, 2024

APPLICATION PROCEDURES TO OPERATE A

COMMERCIAL CANNABIS BUSINESS IN UNION CITY
The City of Union City has previously adopted City Council Resolutions declaring its intent to award commercial cannabis permits to certain qualified entities. Each such Resolution that was adopted was related to a specific location. These applicants have been vetted and deemed to be qualified operators.

The City is seeking to award up to one permit for a retail store, three permits for cultivation, three permits for distribution, three permits for manufacturing, and three testing lab permits.

In order to be eligible to apply, an applicant must have previously been the subject of a City Council Resolution declaring its intent to award a commercial cannabis permit to the applicant. Applicants that have not been the subject of a City Council Resolution declaring its intent to award a commercial cannabis permit are not eligible to apply.

Additionally, applicants must abide by requirements laid out in this procedure and in Union City Municipal Code (“UCMC”) Chapter 5.44, Cannabis, Chapter 3.24, Cannabis Business Tax, and applicable sections of Title 18, Zoning.

The application process to obtain a permit to operate a Commercial Cannabis Use (“CCU”) in Union City will be accepted between January 10, 2024 through March 9, 2024.

Applicants should be prepared to address neighborhood concerns and plan accordingly on conducting early outreach to neighboring businesses in advance of the application submission. The process to apply for a permit in Union City is described below.

BEFORE YOU APPLY

REVIEW ALL MATERIALS IN ADVANCE
Review the application materials in their entirety and Union City’s Cannabis Ordinances before filling out the application and submitting the required documentation.

Each applicant will be required to pay the total fees of $10,693.00 for the application process with the submittal of their application. If an application is deemed incomplete in the preliminary determination of eligibility, the applicant will be provided a refund for application process fees in which they did not participate.

The City webpage, https://www.unioncity.org/cannabis, includes the cannabis permit application and the following information:

1. Local Regulations (UCMC Chapters 5.44, 18.117, and 3.24)

2. Background Authorization Form
City Council/RSA Agenda 48 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 2

3. Zoning Verification Letter Application

4. Zoning and Sensitive Uses Map

5. Frequently Asked Questions (FAQs)

OBTAIN A ZONING VERIFICATION LETTER
Pursuant to UCMC Section 5.44.030(D)(6)(e), applicants are required to obtain a Zoning Verification Letter from the Economic & Community Development Department to ensure that the location proposed by the applicant complies with Title 18 of the UCMC prior to submitting the CCU application. Applicants requesting a Zoning Verification Letter are required to fill out and submit a Zoning Verification Letter Application. Include the address of the proposed business location and a check payable to the City of Union City in the amount of $327.00 with the written request for a Zoning Verification Letter. The zoning review process typically takes approximately ten (10) working days. Be sure to plan adequate time to obtain the Zoning Verification Letter prior to submitting the permit application form. Applications without a Zoning Verification Letter confirming that the proposed location complies with Title 18 of the UCMC will be rejected.

Please note that the Zoning Verification Letter does not address proximity of sensitive uses, which is the responsibility of the applicant to determine. Zoning Verification Letter applications and required payment can be mailed to the address below or can be dropped off to the Planning Division during business hours Monday through Thursday from 9:00 am to 2:00 pm.

City of Union City
ATTN: Planning Division
34009 Alvarado-Niles Road
Union City, Ca 94587
The issuance of a Zoning Verification Letter does not constitute permission from the City of Union City or any of its officials to operate a CCU, nor does it constitute a “permit” within the meaning of the Permit Streamlining Act, nor does it constitute an entitlement under the Zoning Ordinance or Building Code.

COMPLETE A BACKGROUND CHECK
Completion of a Background Check is required for each owner and investor named in the application demonstrating that they are allowed to serve as an operator per UCMC Section 5.44.030(F)(1)(b). Any new owners and/or investors who have joined the entity since the City awarded, or the City Council declared its intent to award, a cannabis permit to the entity are required to undergo a criminal background check. Individuals who have already undergone this criminal background check are not required to undergo a second background check.

City Council/RSA Agenda 49 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 3
The background application form and fee of $300 will be transmitted to HdL Companies via the portal when the application is processed:
https://hdlcompanies.formstack.com/forms/bc_unioncity. Please retain and provide proof of background check completion by providing a receipt with your application.

INDEMNIFICATION
To the maximum extent permitted by law, any selected operators shall be required to defend (with counsel acceptable to the City), indemnify and hold harmless the City and its respective officials, officers, employees, representatives, agents and volunteers from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) against the City to attack, set aside, void or annual, any cannabis-related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the operator shall reimburse the City for its reasonable legal costs and attorneys’ fees.

WHEN YOU APPLY

REQUIRED MATERIALS AT THE TIME OF SUBMISSION
The application must be submitted via the City online application portal. The online application portal will be available January 10, 2024. You will first need to create an account with a unique email address and password. Please note that the email address listed for the Primary Contact person will receive an email notification indicating that the application has been received.

The online application allows you to start, stop, and save your work, allowing you to complete your application over a period of time. Submissions will only be accepted from January 10, 2024 through March 9, 2024. Late applications will be rejected.

All components of the application shall be submitted through the online process. More detailed instructions for the submittal requirements are provided on the Application FAQs, which can be found at https://www.unioncity.org/cannabis.

All application submissions for a permit shall include the following at the time of submission:

1. Application fee payment totaling $10,693.00.

2. Zoning Verification Letter with proposed business location listed.

City Council/RSA Agenda 50 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 4

3. Proof of payment for background checks (if applicable).

4. Completed application form and documentation for the following:
a) Proposed Location
b) Business Plan
c) Development Plan
d) Labor and Employment Plan
e) Safety Plan
f) Security Plan
g) Neighborhood Plan
h) Community Benefits Plan
i) Qualification of Owners
j) List location and status of each cannabis permit held by applicant located in California. Include date each permit was awarded and the date the business opened for each permit.
k) Proof of property ownership or the Executed Lease signed by the property owner or authorized agent for the proposed business use l) Identification of changes to any plans previously submitted to the City necessitated by the proposed location
All plans and descriptions submitted with the application must include information required by, and abide by, the UCMC including the requirements of UCMC Section

5.44.030(D)(6).

REQUIRED APPLICATION PLANS AND DESCRIPTIONS

PROPOSED LOCATION
Your application must include the address and a detailed description of the proposed location. The CCU must be located in an allowed zoning district as required by UCMC Chapter 18.117 and meet all the distance requirements of UCMC Chapter 5.44.040(E)(3), UCMC Chapter 5.44.050(E), and UCMC Chapter 5.44.060(C) for sensitive uses. These sections require a minimum of 100-foot setback from sensitive uses, which include parks, library, K-12 schools, child-care facility and youth-oriented centers. See the City’s Zoning and Sensitive Map for locations of these uses within the City. Please note that the City makes no warranty, representation or guaranty as to accuracy or completeness of the information provided. The map has been provided as a courtesy and it is recommended that the applicant also perform their own analysis regarding setbacks to sensitive uses.

The distance requirements may be waived or modified by the City Council when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur, unless otherwise prohibited under State law.

BUSINESS PLAN
City Council/RSA Agenda 51 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 5
With as much detail as possible, the Business Plan should describe:

1. Owner qualifications. Resumes/CV are not to exceed one (1) page per owner.

2. A budget for construction, operation, and maintenance, compensation of employees.

3. Equipment costs, utility cost, and other operation costs.

4. Proof of capitalization.

5. A pro forma for at least three years of operation.

6. Fully describe hours of operation and opening and closing procedures.

7. Fully describe the day-to-day operations for each license type being sought.

Additional criteria for RETAIL applications only:

1. Describe customer check-in procedures.

2. Identify procedures for receiving deliveries during business hours.

3. Identify estimated number of customers to be served per hour/day.

4. Describe the proposed product line and estimate the percentage of sales of flower and manufactured products.

5. Describe delivery service procedures, number of vehicles and product security during transportation.

6. Fully describe inventory control procedures during business hours

7. Fully describe how all on-hand inventory in the Retail Area will be stored/secured during non-business. Preference given to applicants that secure all product during non-business hours.

8. Identify the point-of-sales and track and trace software. Include in your response the number of sales terminals to be used when the business is at full capacity.

9. Fully describe cash handling procedures from the point of sales through the bank deposit.

10. Minimize impacts on neighboring uses.

11. Union City is seeking timely opening of the retail store.

Additional criteria for CULTIVATION applications only:

1. Premises Diagram of the proposed licensed premises. Premises diagram requirements differ based on the license type. Each diagram must include information regarding specific areas listed on page #7 of the CDFA Annual Cannabis Cultivation Licenses, A Reference Guide for the Cultivation Plan.

2. Identify location and procedures for receiving deliveries of seedlings and immature plants.

3. Describe the planned square footage/acreage of the cultivation.

4. The estimated number of pounds produced per harvest, and number of anticipated harvests per year.

5. Describe whether the cultivation operation will use natural light, artificial light, or mixed light.

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City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 6

6. Identify how cultivation waste will be rendered unusable and unrecognizable, and how it will be stored and disposed of.

7. Describe the use of any gases used in the cultivation operation, such as CO2, including storage, location, and monitoring systems for employee safety.

8. Minimize impacts on neighboring uses.

Additional criteria for DISTRIBUTION applications only:

1. Identify the number of delivery drivers, hours of delivery and vehicles to be used.

2. Describe the transportation security procedures.

3. Describe how inventory will be received, processed, stored and secured on the licensed premises.

4. Describe the quality control procedures designed to ensure all cannabis is proper packaged, labeled and tested.

5. Fully describe cash handling procedures.

6. Minimize impacts on neighboring uses.

Additional criteria for MANUFACTURING applications only:

1. Identify all cannabis products manufactured within the licensed premises.

2. Describe quality control procedures.

3. Describe inventory control procedures.

4. Describe the extraction process, equipment and room in which extractions will be conducted.

5. Provide detail as to whether the extraction equipment has been reviewed and certified by a Professional Engineer or Certified Industrial Hygienist.

6. Describe the sanitation procedures.

7. Fully describe cash handling procedures.

8. Minimize impacts on neighboring uses.

Additional criteria for TESTING applications only:

1. Describe the sampling standard operating procedures.

2. Describe procedures for transporting cannabis field samples.

3. Describe the chain of custody for field samples.

4. Describe the quality control procedures.

5. Describe the Laboratory Supervisor/Manager responsibilities and qualifications.

6. Identify location and procedures for storing cannabis products.

7. Fully describe cash handling procedures.

City Council/RSA Agenda 53 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 7

DEVELOPMENT PLAN
The Development Plan shall be submitted for the proposed location that addresses the provisions listed in UCMC Section 5.44.030(D)(6)(l-n). In addition, plans shall address how the site will be utilized, include any necessary improvements, address deferred site maintenance issues, and mitigate potential impacts on the surrounding community.

Development Plans shall be to scale and include: a vicinity map of the surrounding area; a dimensioned site plan that includes at a minimum: property lines, adjacent properties and businesses, parking and access layout, and all existing and proposed structures; and dimensioned floor plan. Describe in detail the timeframe for completing all improvements and the estimated cost for all improvements.

LABOR AND EMPLOYMENT PLAN

1. Describe whether the Commercial Cannabis Business is committed to offering employees a Living Wage. (“Living Wage” shall mean 150% of the minimum wage mandated by California. Refer to: https://livingwage.mit.edu/counties/06001).

2. Describe compensation to and opportunities for continuing education and employee training.

3. Describe the number of employees, title/position and their respected responsibilities.

4. Thoroughly describe employee policies and procedures (complete manuals are not required to be submitted).

5. If the Commercial Cannabis Business has twenty (20) or more non-supervisory employees, the applicant must attest that they are committed to or have entered into a labor peace agreement and will abide by its terms.

6. Describe to what extent the business will be a locally managed enterprise whose Owners reside within Union City and/or the County of Alameda.

SAFETY PLAN
A thorough Safety Plan should include an assessment of the facility and consider all possible fire, medical and hazardous situations. Complete policy/procedure manuals are not required at this point of the application process. Please only provide a detailed description for each criteria.

1. The Safety Plan shall be prepared by a professional fire prevention and suppression consultant. Qualified in-house consultants are acceptable.

2. Identify all gases and/or chemicals to be used.

3. Describe accident and incident reporting procedures.

4. Describe evacuation routes.

5. Describe procedures and training for all fire and medical emergencies.

6. Describe and identify the location of all gas monitoring equipment.

City Council/RSA Agenda 54 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 8
To the extent the applicant intends to use any hazardous materials in its operations, this plan shall include information required pursuant to UCMC Section 5.44.030(D)(6)(i).

SECURITY PLAN
A detailed Security Plan should include:

1. The Security Plan shall be prepared by a professional security consultant.

Qualified in-house consultants are acceptable.

2. A description and detailed schematic of the overall facility security. It should have details on operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, third-party contractor security, and delivery security.

3. Discuss if on-site security guards will be utilized including number of guards, hours the guards will be on-site, locations guards will be posted, and roles and responsibilities of the guards.

4. Address ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed.

5. A floor plan showing the existing conditions. If changes are proposed as part of the project, then a proposed floor plan should also be submitted. The floor plan(s) should be accurate, dimensioned and to-scale.

The Security Plan must comply with the requirements of UCMC Section 5.44.030(J).

Security Plans will not be made public unless required under applicable law.

NEIGHBORHOOD PLAN

1. Describe how the CCB will take proactive steps to avoid becoming a nuisance or having negative impacts on its neighbors or surrounding community. Additionally, describe how the business will react and respond to complaints specifically related to noise, light, odor, public consumption, loitering, littering, and vehicle and pedestrian traffic.

2. Describe the waste management, recycling plan, and composing of organic materials plan. Describe cannabis waste disposal security measures, methods of rendering all cannabis waste product, damaged product, and expired product unusable and unrecognizable, and method of disposal.

3. Describe any proposed “green” business practices relating to energy and climate, water conservation, greenhouse gas emissions pursuant to UCMC 5.44.030(D) (6)(h). Please note you may need separate authorization from Alameda County Water District and Union Sanitary District regarding adequate water supply and waste treatment for the proposed use pursuant to UCMC 5.44.030(D)(6)(j-k).

City Council/RSA Agenda 55 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 9

4. Describe Air Quality/Odor Mitigation practices including potential sources of odor and/or odor activities; and describe odor control devices and techniques to ensure that odors from cannabis are not detectable beyond the licensed premises (Please note: odor mitigation practices should be relative to the type of license being sought).

5. Describe odor control related to maintenance activities, frequency and role/titles of personnel performing such activities.

6. Describe administrative controls such as staff training procedures and record keeping systems and forms associated with odor control.

COMMUNITY BENEFITS PLAN
The application should describe all benefits the Commercial Cannabis Business and/or their owners and investors will provide to Union City annually after the City Council adopts a resolution awarding the permit. Benefits may be in the form of financial support of Union City sponsored activities, programs, and organizations identified by the City; and in-kind donations to Union City and non-profit organizations and/or programs identified by the City.

QUALIFICATIONS OF OWNERS
In addition to the one (1) page resume/CV per owner;/investor, all applicants, directors, managers and/or laboratory supervisors must provide details regarding any experience they have in operating a retail establishment, a regulated business, or managing employees. If you have any experience operating a cannabis business, please provide the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity.

Has the Applicant or any of its owners been the subject of any administrative action, including but not limited to suspension, denial, or revocation of a cannabis business license at any time during the past five (5) years? If so, please list and explain.

IDENTIFICATION OF CHANGES
The application shall also identify any changes to the plans or information previously submitted to the City by the applicant, including but not limited to the Labor and Employment Plan, Neighborhood Plan, or Community Benefits Plan, that are proposed as part of the change in location.

APPLICATION REVIEW AND EVALUATION PROCESS
City Council/RSA Agenda 56 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 10
The application will be available online at https://www.unioncity.org/cannabis.

The application process to obtain a permit to operate a Commercial Cannabis Use (“CCU”) in Union City will be accepted between January 10, 2024 through March 9, 2024.

All submitted applications will be evaluated and reviewed by a consultant retained by the City for completeness. Applicants who have submitted all necessary and required information with their application will then undergo a review by City including but not limited to the Police Department, the Planning Division, Finance Department, and any other individual designated by the City Manager. The City may, but is not required to, request additional information from the applicant or schedule an interview with the applicant.

Once the review is complete, the City Manager will present to the City Council a recommendation on approving or denying any permit.

CITY MANAGER RECOMMENDATION, PUBLIC HEARING, AND CITY
COUNCIL’S INITIAL APPROVAL
The City Manager reserves the right to ask for additional information or implement additional application requirements as needed for the application process.

Applicants being recommended by the City Manager for consideration to the City Council are required to attend a noticed public hearing before the City Council.

Applicants must have an executed lease to operate the cannabis business at the location listed in the application applied or show proof of ownership before the applicant can be forwarded to the City Council.

The City Council is the final authority on choosing whether or not to make the initial declaration to award a permit.

Applicants who receive a Resolution of Intent to Award a Permit will have six months to secure a Resolution Awarding a Cannabis Permit. This process entails submittal of a Site Development Review or Administrative Site Development Review (depending on extent of proposed improvements) to the Planning Division for consideration by the City Council along with the Cannabis Permit. Fees for these applications can be found in the City’s Master Fee Schedule. Additionally, Applicants who receive a Resolution of Intent to Award a Permit will be required to enter into a reimbursement agreement for City Attorney costs and any necessary consultant costs. Applicants who receive a permit will have one year to pull building permits to construct improvements required to activate the Cannabis Permit.

City Council/RSA Agenda 57 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 11

ADDITIONAL CONSIDERATIONS

PAYMENT OF APPLICATION FEES
Payments must be made by a certified check, cashier’s check, money order payable to the City of Union City or credit card. There is a 2.25% convenience fee added to all credit card payments over $2,500.00.

Applicants are required to pay application fees totaling $10,693.00. a. Preliminary Determination of Eligibility – $4,485.00 b. Evaluation by City’s Consultant – $1,895.00
c. Evaluation by City of Union City – $1,880.00
d. City Manager Evaluation and Recommendation – $2,433.00 In addition to the above application fees, the following non-refundable fees will also need to be paid prior to submitting the application.
a. Criminal History Check – $300.00 paid to HdL Companies for each owner and investor listed in the application.
b. Zoning Verification Letter – $327.00 paid to the City of Union City.

If an application is deemed incomplete in the preliminary determination of eligibility, the applicant will be provided a refund for application process fees in which they did not participate.

In addition to the fees identified above, applicants that have received a Resolution of Intent to Award a Permit will be required to enter into a reimbursement agreement for City Attorney costs and any necessary consultant costs.

AMENDMENTS TO THE APPLICATION
Once submitted, applicants will not be allowed to make amendments to their application or to supplement their application, except as otherwise specifically permitted in these procedures or as authorized in writing by the City Manager or designee. Applicants will be notified if their application is incomplete and will not move forward in the application process. If deemed appropriate, the City Manager or designee may authorize revisions to an application to revise any proposal in a manner that is deemed to be in the best interests of the City.

LAND USE ENTITLEMENTS
City Council/RSA Agenda 58 Tuesday, January 9, 2024
City of Union City
Cannabis Program Application (January 10, 2024 through March 9, 2024) Page | 12
Please note that being awarded a CCU does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including electrical, plumbing, fire, planning permits or reviews, and any other permits, licenses, or reviews as may be necessary by the relevant departments or governmental entities in charge of said permits. Nor does it guarantee that the plans submitted via the CCU application process meet the standards or requirements in Title 18 and any other permit requirements from other city departments or agencies.

Furthermore, a commercial cannabis permit does not constitute a permit that runs with the land on which the CCU is established.

CEQA AND CONDITIONS OF OPERATIONS
Award of Cannabis Permit is subject to the California Environmental Quality Act (“CEQA”). Additional fees will apply for this review, which will be part of the ASD or SD review. Fee amount will depend on extent of CEQA review required.

THE CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all proposals, with or without any cause or reason. The City may also, modify, postpone, or cancel the request for permit applications without liability, obligation, or commitment to any party, firm, or organization.

In addition, the City reserves the right to request and obtain additional information from any candidate submitting a proposal. Late proposals WILL BE REJECTED. Furthermore, a proposal RISKS BEING REJECTED for any of the following reasons:
a. The application or documents submitted are incomplete, filed late, or not responsive to the requirements of this code.
b. The issuance of the permit or operation of the commercial cannabis business at the proposed location is inconsistent with State law, UCMC Chapter 5.44, or other applicable City of Union City Municipal Codes.

City Council/RSA Agenda 59 Tuesday, January 9, 2024
Agenda Item
DATE: 1/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: REVIEW TEXT AMENDMENTS RELATED TO POTENTIAL ORDINANCE AMENDING UNION CITY MUNICIPAL CODE CHAPTER 5.42 “TOBACCO RETAILERS”
The City Council previously provided direction to staff regarding a potential ordinance amending Chapter 5.42, “Tobacco Retailers”, of the Union City Municipal Code (“UCMC”) (the “Tobacco Retailers Ordinance”).

The City Attorney’s Office has prepared draft text amendments to the Tobacco Retailers Ordinance based on general direction provided by the City Council. Staff and the City Attorney’s Office now recommends that the City Council review the draft text amendments to the Tobacco Retailers Ordinance, and provide any necessary further direction.

The City Attorney's Office will finalize an ordinance amending the Tobacco Retailers Ordinance based on direction provided by the City Council.

STRATEGIC PLAN ALIGNMENT
There are no Strategic Plan goals associated with this agenda item.

BACKGROUND
The City Council held a study session on July 25, 2023, regarding possible amendments to the Tobacco Retailers Ordinance. This followed voter approval of Proposition 31, upholding Senate Bill 793 which banned the sale of flavored tobacco products. A copy of the staff report is attached hereto (Attachment 1).

The City Council considered the following potential amendments to the Tobacco Retailers Ordinance and provided general direction as follows:
1) Completely prohibit the sale of vape products.
2) Prohibit the sale of flavored tobacco products, consistent with state law. 3) Prohibit the sale of tobacco products in pharmacies.

City Council/RSA Agenda 60 Tuesday, January 9, 2024
4) Amend the minimum single cigar price from $5 to $8 with the annual increase by the Consumer Price Index (CPI) or some other amount.
5) Amend the minimum pack size for cigars (unless sold at the single cigar price identified above) from 5 to

20. 6) Prohibit the issuance of tobacco retail licenses within 500 feet of each other. 7) Increase the amount for fines related to violations.

DISCUSSION
The City Attorney’s Office has prepared draft text amendments to the Tobacco Retailers Ordinance incorporating the City Council’s feedback from the July 25th Study Session. Additionally, the draft text amendments include definitional updates and other clarifications for consistency. Below are some of the significant revisions in the draft text amendments:
• Revised and consolidated definitions of tobacco products, cigar, cigarette, electronic smoking devices, and other definitions.
• Prohibit the sale of electronic smoking devices and flavored tobacco products. • Increase the minimum packaged cigar size from five to twenty and increase the minimum price for the sale of single cigars to eight dollars, with annualadjustments by CPI as approved by City Council resolution. • Prohibit the issuance or renewal of a tobacco retail license to a tobacco retailer within 500 feet of an existing location with an exception for existing retailers. For reference, attached is a map of existing retailers in proximity to each other (Attachment 2). The draft text amendments also eliminate the ability to transfer a license with the sale of a business pursuant to an arm’s length transaction. Staff will be seeking further direction regarding how to treat existing permit holders. • Prohibit the issuance of a tobacco retailers license in pharmacies. • Revise the license suspension and fine schedule (with violations made a misdemeanor to allow the City to establish the higher fine amounts) as follows:

1. First violation within a 5 year period is a 30-day suspension, plus $250 fine.

2. Second violation within a 5 year period is a 90-day suspension, plus a $500 fine.

3. Third violation within a 5 year period is a one-year suspension, plus $1,000 fine.

4. Fourth violation within a 5 year period is a license revocation and no new license issued for five years.

Staff will be seeking confirmation and any additional feedback or comments before finalizing the ordinance.

FISCAL IMPACT
There is no direct fiscal impact associated with the City Council’s consideration of the draft text amendments.

RECOMMENDATION
Staff and the City Attorney’s Office recommends that the City Council review the draft text amendments to the Tobacco Retailers Ordinance, and provide any necessary further direction. Staff will finalize an ordinance amending the Tobacco Retailers Ordinance based on direction provided by the City Council.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
City Council/RSA Agenda 61 Tuesday, January 9, 2024
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Attachment 1 July 25, 2023 Staff Report Attachment
Attachment 2 TRLMap Attachment
Exhibit 1 Text Amendments Tobacco Retailers License Ordinance Exhibit City Council/RSA Agenda 62 Tuesday, January 9, 2024
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: STUDY SESSION TO RECEIVE DIRECTION FROM CITY COUNCIL ON POSSIBLE AMENDMENTS TO

THE TOBACCO RETAIL LICENSE ORDINANCE AND OTHER ORDINANCES THAT GOVERN THE SALE AND LOCATION OF THE TOBACCO RETAILERS.

Staff recommends that the City Council hold a study session and provide direction on possible amendments to the Tobacco Retail License Ordinance and other ordinances that govern the sale and location of the tobacco retailers. Tobacco uses and licenses are regulated through Chapter 5.42 and Title 18 Zoning, of the Union City Municipal Code.

STRATEGIC PLAN ALIGNMENT
There is no Strategic Plan alignment associated with this agenda item.

BACKGROUND
On January 11, 2022 (Attachment 1) a staff report was brought to City Council requesting policy direction regarding an update to the Tobacco Retail License Ordnance. This report was in response to the Youth Commission’s September 14, 2021, presentation, and recommendation to further restrict the sale tobacco retail sales. The Youth Commission worked in collaboration with Breathe California, UCAN-ACT Initiative, which provided the support for the Youth Commission to form a working group called, Tackle Tobacco Workgroup. The group researched and developed the following four recommendations for the Youth Commission to bring forward to the City Council:

1. Ban the sale of all flavored tobacco products, including mentholcigarettes.

2. Ban the sale of electronic smoking devices/vapes and related paraphernalia.

3. Ban the sale of tobacco products in pharmacies.

4. Strengthen the minimum price and/or pack size requirement for tobacco products.

Currently, Union City has a Tobacco Retail License Ordinance that can be found here: Chapter 5.42 Tobacco Retailers. The enabling ordinance was adopted in 2010, Ordinance 741-10 (Attachment 2) and amended in 2013, Ordinance 791-13 (Attachment 3).

Among other things, the Tobacco Retail License Ordinance establishes a minimum package size for cigars of at least five (except cigars costing at least $5.00 can be sold individually) and prohibits the non-sale distribution of tobacco products and distribution of tobacco product coupons. Tobacco products include electronic cigarettes and vaping devices. The City’s Zoning Ordinance, Chapter 18.36.0404, also provides that tobacco retailers must be at least 1,000 feet from parks, playgrounds, public libraries, recreation centers, religious institutions, and school or youth-oriented establishments.

Union City has 38 active tobacco retail license holders within the city limits. They are comprised of eight convenience stores, one department store chain, 10 liquor stores, one pharmacy, nine service stations, eight grocery stores and one tobacco specialty store. Attached is a list of all of the tobacco licensees within the City and their locations (Attachment 4). Some national retailers with pharmacies in Union City already prohibit the sale of tobacco products, including Union City Walmart and Union City Safeway. Both Walmart and Safeway recently stopped tobacco sales, though each still carry a Tobacco Retail License. Other retailers continue to sell tobacco products including Lucky’s and Rite Aid.

At the January 11, 2022, City Council meeting, the Council concluded that possible amendments to the ordinance should be considered after the November 8, 2022, election. A proposition that upheld Senate Bill 793, which banned the sale of flavored tobacco, including menthol cigarettes, was anticipated to be on the ballot. The resulting Proposition 31 to ban the sale of flavored tobacco products was supported by California voters. The law went into effect on January 1, 2023 (Attachment 5) and accomplished one of the Youth Commission’s recommendations.

Support to further regulate tobacco sales within the community continues to grow, including the Union City Youth Commission, Alameda County Public Health Department’s Tobacco Control Program, and New Haven Unified School District that passed Resolution No. 030-2122 in 2022, calling on the City Council to strengthen the current tobacco ordinance to keep youth from accessing tobacco products.

City Council/RSA Agenda 63 Tuesday, January 9, 2024

DISCUSSION
With the passage of the Proposition 31 that banned the sale of flavored tobacco products statewide, there are four remaining recommendations from the Youth Commission, including:

1. Ban the sale of all flavored tobacco products, including mentholcigarettes COMPLETED.

2. Ban the sale of electronic smoking devices/vapes and related paraphernalia.

3. Ban the sale of tobacco products in pharmacies, no grandfathering.

4. Increase the minimum price for tobacco products.

5. Increase the minimum size requirement for tobacco products.

To assist the City Council in the evaluation of remaining Youth Commission recommendations, (Attachment 6), a table is attached that summarizes the status of Alameda County and Alameda County cities’ tobacco regulations. This table was provided by the Alameda County Public Health Department Tobacco Control Program.

Ban on the sale of electronic smoking devices: Alameda County and the cities of Dublin, Hayward, Livermore, and Pleasanton. Note, the ban on electronic smoking devices would not apply to cannabis dispensaries.

Ban on the sale of tobacco products at pharmacies:Alameda County and the cities of Albany, Berkeley, Hayward, and Oakland.

Increase the minimum pack size of more than five products: Alameda County and the cities of Albany, Berkeley, Oakland, and Pleasanton have minimum pack sizes of 20.

Cities that have a minimum pack size of five products or more include Alameda, Fremont, San Leandro, and Union City.

Cities with no minimum pack size include Emeryville, Dublin, Newark, and Piedmont.

The recommendation from the Youth Commission is to increase the minimum pack size of little cigars to 20 per pack.

Minimum price for products: Alameda County and cities of Alameda, Albany, Berkeley, Fremont, Hayward, Oakland, Pleasanton, San Leandro, and Union City have a minimum price threshold for some tobacco products.

Several cities have variable minimum prices, depending on the product. The minimum costs range is between $5.00 and $8.00. Union City’s minimum cost is limited to $5.00 for single cigars.

Cities without minimum prices for tobacco products are Dublin, Emeryville, Livermore, Newark, and Piedmont.

The recommendation from the Youth Commission is to increase the price to a minimum of $8.00 per pack.

Beyond the recommendations made by the Youth Commission, the Alameda County Public Health Department Tobacco Control Program is also suggesting that the City Councilconsider additional regulations on the sale of tobacco, including:

Prohibit Tobacco Retail Licenses within 500 feet of another existing tobacco retailers.

This would impact several existing retail locations where there may be existing tobacco retail licenses in one shopping center, including grocery stores, gas stations, and liquor stores. The Four Corners area is an example of a location where there may be several tobacco retailers within a 500-foot proximity of each other. As a business is sold or closed, the Tobacco Retail License would be lost if the business was within 500 feet of another licensed establishments.

Limit the total number of tobacco retail licenses to 1 per 2,500 residents.

This regulation would require a method to reduce the number of retail licenses in Union City from the existing 38 to 28. To accomplish this, when a business is sold or closed, the Tobacco Retail License would not transfer. For example, if a services station or liquor store was sold, the license would be discontinued in order to reduce the total number of licenses.

Increase the citation fines for violations.

The violations and revocation of a license is outlined in Chapter 5.42.110 of the Tobacco Retail Ordinance. The current violation structure is as follows:

1. First violation is a written warning and 30 days to correct the violation.

2. Second violation is a 30-day license suspension.

3. Third violation is a 90-day license suspension.

4. Fourth violation is a license revocation and no new license issued for five years.

5. Violators are subject to a $250-$1,000 fine.

City Council/RSA Agenda 64 Tuesday, January 9, 2024
Alameda County Public Health Department Tobacco Control Program suggests that citation, fines and penalties for the sale of tobacco products be increased. The recommended violation structure is as follows:

1. First violation is a 30-day suspension, plus $250 fine.

2. Second violation is a 90-day license, plus a $500 fine.

3. Third violation is a one-year license suspension plus $1,000 fine.

4. Fourth violation is a license renovation and no new license issued for five years.

5. All fines would be levied on the owner/licensee and require one compliance check per year with a recheck within three months.

Conclusion
Union City provides several protections through the current Tobacco Retail License Ordnance and Zoning Ordinance:

1. Minimum price of $5.00 per single cigar (no minimum price on cigarettes)

2. Minimum pack size of 5 for cigars

3. Prohibition of non-sale distribution of coupons

4. Ban the sale of tobacco within 1000 feet of “sensitive use” areas The Youth Commission is recommending the following additionalaction:

1. Ban the sale of allelectronic smoking devices/vapes and related paraphernalia

2. Ban the sale of all tobacco products in pharmacies, no grandfathering

3. Increase the minimum price for all tobacco products from $5.00 to $8.00 per pack

4. Increase the minimum size pack requirement for all tobacco products from five to 20 If the Council is interested in further regulating the sale of tobacco products, Alameda County Public Health Department Tobacco Control Program has suggested additional steps including prohibiting the tobacco sales within 500 feet of existing tobacco retailers, limiting the number of licenses based on population, and increasing the citation fines and penalties.

FISCAL IMPACT
There is no fiscal impact to the General Fund. If the Council directs staff to proceed with an ordinance update, there will be a modest cost associated with preparing the ordinance.

RECOMMENDATION
Staff recommends that the City Council hold a study session and receive input from the public and provide direction to staff regarding any amendments to the Tobacco Retail License Ordinance and other ordinances that govern the sale and location of the tobacco retailers.

Prepared by:

SERENITY MLAY, MANAGEMENT ANALYST I
Submitted by:

JOAN MALLOY, CITY MANAGER
ATTACHMENTS:

Description Type
Attachment 1 - Staff Report of January 11, 2022 Attachment Attachment 2 - Union City Ordinance, 741-10 Attachment
Attachment 3 - Union City Ordinance, 741-13 Attachment
Attachment 4 - List of Current Tobacco Licensees in Union City Attachment Attachment 5 - SB793 Attachment
Attachment 6 - Summary ofAlameda County TRLRegulations in Alameda County Attachment Public Comment Attachment
Power Point Attachment
REVIEWERS:

Department Reviewer Action Date
City Council/RSA Agenda 65 Tuesday, January 9, 2024
City Manager’s Department Malloy , Joan Approved 7/20/2023 - 7:12 PM City Manager’s Department Malloy , Joan Approved 7/20/2023 - 7:12 PM City Council/RSA Agenda 66 Tuesday, January 9, 2024
City Council/RSA Agenda 67 Tuesday, January 9, 2024

EXHIBIT A

5.42.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
“Administrator” means the Administrative ServicesFinance Director or designee. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction. “Cigar” means any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece. “Cigar” includes but is not limited to, tobacco products known or labeled as cigar, cigarillo, little cigar, bunt, blunt wrap, or cigar wrap.
“Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.means anything that can be exchanged for or used to acquire an electronic cigarette, electronic cigarette paraphernalia, electronic cigarette or tobacco product, such as a printed piece of paper, voucher, ticket, rebate, rebate offer, check, credit, token, code, password, or anything labeled “coupon” or “coupon offer.”
“Department” means the Administrative ServicesFinance Department. “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. “Electronic cigarette” means “a device that can provide an inhalable dose of nicotine by delivering a vaporized solution” as defined in California Health and Safety Code Section 119405(b), as that section may be amended from time to time, or any device designed to vaporize a liquid solution that releases flavored vapor. “Electronic cigarette paraphernalia” means any device designed to provide an inhalable dose of nicotine or a flavored liquid solution through vaporization, nicotine-based or flavored solution-based cartridges for use with electronic cigarettes, and any other item designed for the vaporization, preparation, storing, or consumption of electronic cigarette products. “Electronic cigarette product” means any substance containing nicotine or a flavored liquid solution for vaporization, including any product or formulation of matter containing Field Code Changed
City Council/RSA Agenda 68 Tuesday, January 9, 2024
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. “Flavored Tobacco Product” means any tobacco product that imparts:

1. a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or

2. a heating, cooling, or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.
“License” means a tobacco retailer’s license as defined below. “Licensee” means a tobacco retailer with a tobacco retailer’s license. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. “Nominal cost” means the cost of any item that is transferred from one person to another for less than the total of: (1) twenty-five percent of the full retail value of the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all taxes and fees still due on the item at the time of transfer.
“Nonsale distribution” means to give, within the jurisdictional limits of the City, a tobacco product or coupon at no cost or at nominal cost to a person who is not a tobacco seller. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
“Public place” means any place within the City, public or private, that is open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses. “Retailer” means tobacco retailer as defined herein.
“Self-service display” means the open display or storage of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:

0.53" + Indent at: 0.78"
City Council/RSA Agenda 69 Tuesday, January 9, 2024
between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Tobacco” means leaves of the tobacco plant dried and prepared for smoking or ingestion.
“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. “Tobacco product” means tobacco and any substance containing tobacco, including, but not limited to, cigarettes, cigars, cigarillos, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

1. any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange., electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia.
“Tobacco retailing” shall mean means engaging in the activities of a tobacco retailer. the doing of any of these things. This definition is without regard to the quantity of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. “Tobacco retailer’s license” means the license issued pursuant to Section 5.42.050this chapter that authorizes electronic-cigarette or tobacco retailing at a certain location and by a certain tobacco retailer.

5.42.020 Requirements and prohibitions.

A. Tobacco Retailer License Required. It is unlawful for any person to act as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of City Council/RSA Agenda 70 Tuesday, January 9, 2024
this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, State, or Federal law applicable to electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products, tobacco paraphernalia, or tobacco retailingthe sale of tobacco products.

C. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

D. Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer an electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia.

E. Minimum Age for Persons Selling Tobacco. Persons employed by a tobacco retailer under this chapter that sell tobacco products must be at least the minimum legal sales age established by state law. No person who is younger than the minimum age established by State law for the purchase or possession of electronic cigarette products or tobacco products shall engage in tobacco retailing.

F. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

G. False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked:

1. Shall keep all electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products and tobacco paraphernalia out of public view. The public display of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license; and

2. Shall not display any advertisement relating to electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

H. Signage Violations. It is a violation of this chapter for any licensee to violate any local, State, or Federal law regulating exterior, storefront, window, or door signage.

I. Drug Paraphernalia. It is a violation of this chapter for any licensee or any of the licensee’s agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia.

J. Nonsale Distribution of Tobacco Products Prohibited.

1. No tobacco retailer nor any agent or employee of a tobacco retailer shall engage in the nonsale distribution of any electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product, tobacco product or coupon in any public place.

2. No person, motivated by an economic or a business purpose, shall knowingly permit the nonsale distribution of any electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product, tobacco product or coupon: (a) anywhere in any public place under the legal or de facto control of the person; or (b) through any agent or employee of the person.

This provision shall not apply to coupons incidentally distributed in connection with a printed or City Council/RSA Agenda 71 Tuesday, January 9, 2024
electronic publication, such as, for example, magazines, newspapers, and websites, so long as that person’s distribution of a publication containing coupons is not primarily motivated by an economic or a business purpose to distribute coupons.

K. Minimum Pack Size for Cigars.

1. Notwithstanding any other provision of this chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration:
a. Any single cigar, whether or not packaged for individual sale; b. Any number of cigars fewer than the number contained in the manufacturer’s original consumer packaging designed for retail sale to a consumer; or c. Any package of cigars containing fewer than twentyfive cigars.

2. This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds either eightfive dollars, including all applicable taxes and fees.

This or the dollar amount may be increased annually by the Consumer Price Index, as determined by the City Council and adopted by resolution of the City Council and adjusted from time to time, whichever is higher. The public shall be given notice of any such resolution in the manner notice is given of ordinances of the City.

3. This subsection shall apply to cigars, cigarillos and any other cigar product regardless of the terminology used for the product.

L. Sale of Electronic Smoking Devices. No person may sell or possess with the intent to sell any electronic smoking device within the city.

M. Flavored Tobacco Products. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

1. Presumptive flavored tobacco product. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a heating, cooling, or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. This includes but is not limited to public statements that a product is flavored, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” “sweet,” “spicy,” or “frost.”

5.42.030 Limits on eligibility for a tobacco retailer license.

A. No license shall be issued to authorize tobacco retailing at other than a fixed location.

B. No license shall be issued to authorize tobacco retailing at a location where electronic cigarettes, electronic cigarette paraphernalia, electronic cigarette products or tobacco products are prohibited from being distributed pursuant to Title 18.

C. No license shall be issued to a location or a tobacco retailer where prohibited pursuant to Section 5.42.110.

D. Proximity to other tobacco retailers. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within 500 feet of a tobacco retailer location already licensed pursuant to this chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. This restriction Field Code Changed
City Council/RSA Agenda 72 Tuesday, January 9, 2024
does not apply to an applicant who has been licensed to sell tobacco products as of March 1, 2024.

E. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

5.42.040 Application procedure.

A. Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer’s license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.42.110(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license;

2. The business name, address, and telephone number of the single fixed location for which a license is sought;

3. A single name and mailing address authorized by each proprietor to receive all communications and notices (the “authorized address”) required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (A)(2);

4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Board of EqualizationDepartment of Tax and Fee Administration;

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years;

6. A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;

7. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

B. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within ten business days of a change.

C. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions.

5.42.050 Issuance of license.

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City Council/RSA Agenda 73 Tuesday, January 9, 2024
Upon the receipt of a complete application for a tobacco retailer’s license and the license fee required by this chapter, the Administrator shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter; B. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction; C. The application seeks authorization for tobacco retailing for a proprietor or location for which this chapter prohibits a license to be issued, including the provisions of Section 5.42.110;
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this Code or that is unlawful pursuant to any other law;
E. The location for which a tobacco retailer’s license is sought lacks a valid state tobacco retailer’s license by the California Department of Tax and Fee AdministrationBoard of Equalization.

5.42.060 License renewal and expiration.

A. Term and Renewal of License. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license and submit the license fee no later than thirty days prior to expiration of the term.

B. Expiration of License. A tobacco retailer’s license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subsection A, the proprietor must:

1. Submit the license fee and application renewal form; and

2. Submit a signed affidavit affirming that the proprietor:
a. Has not sold and will not sell any electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or b. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 5.42.110(A) of this chapter, before seeking renewal of the license.

5.42.070 Licenses nontransferable.

A. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietor(s).

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
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City Council/RSA Agenda 74 Tuesday, January 9, 2024

2. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction.

5.42.080 License conveys a limited, conditional privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5.

5.42.090 Fee for license.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the City Council and shall be included within the City’s Master Fee Schedule. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering this chapter, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

5.42.100 Compliance monitoring.

A. Compliance with this chapter shall be monitored by the Police Department. The City may designate any number of additional persons to monitor compliance with this chapter.

B. Compliance checks shall be conducted so as to allow the Police Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to electronic cigarettes, electronic cigarette paraphernalia, electronic cigarette products or tobacco products. When the Police Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

C. The City shall not enforce any law establishing a minimum age for electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product or tobacco product purchases or possession against a person who otherwise might be in violation of such law because of the person’s age (hereinafter “youth decoy”) if the potential violation occurs when:

1. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the City;

2. The youth decoy is acting as an agent of a person designated by the City to monitor compliance with this chapter; or

3. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Alameda County Public Health Department or the California Department of Health Services.

5.42.110 Violations Suspension and revocation of license.

A. Violations. Suspension or revocation of tobacco retailer license for violation. In addition to any other penalty authorized by law, a Tobacco Retailer License shall be suspended or revoked if the Department finds or a court of competent jurisdiction determines, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the Field Code Changed
Field Code Changed
City Council/RSA Agenda 75 Tuesday, January 9, 2024
licensee's agents or employees, has violated any provision of this Chapter.If the Administrator has reasonable cause to believe a violation of this chapter exists, or if any court of competent jurisdiction determines the same, the Administrator may issue a notice of violation and begin the revocation process as follows:

1. Upon a finding of a first violation of this Chapter at a location within any 5 year period, the License shall be suspended for 30 days.First Violation. After a first violation of this chapter at a location within any sixty-month period, the Administrator shall:
a. Issue a written warning to the licensee, which includes: the facts supporting the finding of a violation, the penalties for further violations of this chapter, and provides thirty days within which the licensee may cure the violation and advise employees of applicable regulations or contact the Administrator to challenge the finding of a violation. b. If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld.

2. Upon a finding of a second violation of this Chapter at a location within any 5 year period, the License shall be suspended for 90 days.Second Violation. After a second violation of this chapter at a location within any sixty-month period, the license shall be revoked and no new license shall be issued for the location or the tobacco retailer until thirty days have passed from the date of revocation.

3. Upon a finding of a third violation of this Chapter at a location within any 5 year period, the License shall be suspended for 1 year.Third Violation. After a third violation of this chapter at a location within any sixty-month period, the license shall be revoked and no new license shall be issued for the location or the tobacco retailer until ninety days have passed from the date of revocation.

4. Upon a finding of four or more violations of this Chapter at a location within any 5 year period, the License shall be revoked with no new license issued for a five year period.Fourth Violation and Additional Violations. After four or more violations of this chapter at a location within any sixty-month period, the license shall be revoked and no new license may issue for the location or tobacco retailer until five years have passed from the date of revocation.

B. Revocation Procedures. If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld. If a license is subject to revocation, the Administrator shall provide written notice of revocation along with the reasons for revocation, facts suggesting violation, the penalties for violation, and ability to appeal pursuant to subsection C. Within five days of the mailing of notice of revocation, the tobacco retailer shall cease the operation of the business for which the license was issued.

C. Appeal of Revocation. A decision of the Administrator to revoke a license is appealable to the City Manager and must be filed with the City Clerk within ten days of mailing City Council/RSA Agenda 76 Tuesday, January 9, 2024
of the Administrator’s notice of revocation. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection D. The date, time, and place of appeal hearings shall be provided in writing to the tobacco retailer with at least ten days’ notice and copies of hearing rules. If the tobacco retailer fails to present evidence establishing that tobacco retailer is entitled to retain the license, the City Manager shall uphold the revocation and give written notice to the tobacco retailer. Within five days of the mailing of the notice of upheld revocation, the tobacco retailer shall cease operation of the business for which the license was issued.

D. Revocation of License Wrongly Issued. A tobacco retailer’s license shall be revoked if the Administrator finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.42.050 existed at the time application was made or at any time before the license issued. The decision by the Administrator shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application.

5.42.120 Enforcement.

A. Criminal Prosecution. Each incident of violation of this chapter is a misdemeanor. The Department may impose administrative penalties as follows:

1. For a first violation of this Chapter within any 5 year period, two hundred fifty dollars ($250);

2. For a second violation of this Chapter within any 5 year period, five hundred dollars ($500); and

3. For a third or subsequent violation of this Chapter within any 5 year period, one thousand dollars ($1,000).n infraction subject to a one hundred dollar fine or otherwise punishable pursuant to Section 1.16.030 of this Code. Other violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the Police Chief or designee. In addition, any peace officer or code enforcement official also may enforce this chapter.

B. Civil Enforcement by the City.

1. Fines. Violations of this chapter are subject to a civil action brought by the City of Union City, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

2. Injunctions, Nuisance Abatement, and Code Enforcement. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Where the City pursues a civil action to remedy a violation of this chapter, the prevailing party shall be entitled to recovery of attorneys fees if the City elects, at the beginning of that action, to seek recovery of its own attorneys’ fees pursuant to Government Code Section 38773.5 as currently drafted or as amended.

C. General Provisions.

1. Cumulative Remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

2. Violations. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. A violation exists for each day on which an electronic cigarette, electronic cigarette product, electronic cigarette Field Code Changed
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City Council/RSA Agenda 77 Tuesday, January 9, 2024
paraphernalia,a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter. A violation also exists for each individual retail electronic cigarette, electronic cigarette product or tobacco product and each individual retail item of electronic cigarette paraphernalia tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this chapter.

3. Nuisances. Violations of this chapter are hereby declared to be public nuisances.

4. No Testimony for Persons Under Eighteen. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

City Council/RSA Agenda 78 Tuesday, January 9, 2024
Agenda Item
DATE: 1/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH TEAMCIVX IN THE AMOUNT OF $54,925, FOR A TOTAL CONTRACT AMOUNT OF $161,000, AND AUTHORIZE A
SUPPLEMENTAL BUDGET APPROPRIATION OF $28,500 FOR THE
FISCAL YEAR 2023-2024 BUDGET TO ACCOMMODATE THE
ADDITIONAL SCOPE OF SERVICES.

Staff recommends that the City Council adopt a resolution to authorize the City Manager to execute the first amendment to the TeamCivX Professional Services Agreement in the amount of $54,925 to assist City staff with community surveying and communications for a total contract cost not to exceed $161,000. Additionally, staff requests authorization of a supplemental budget appropriation of $28,500 for the Fiscal Year 2023-2024 Budget to accommodate the additional scope of services.

STRATEGIC PLAN ALIGNMENT
Goal A. Financial Stability and Sustainability, states, “Foster fiscal health through long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.” GoalA, Strategy 1 states, “Develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit.”
Goal A, Strategy 8, states: “Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 to address critical facilities and infrastructure needs.” Goal A, Strategy 9, states: “Pursue the placement of a voter-approved revenue measure on a ballot to address the funding gap between revenues and expenditures for fundamental public safety and other city services.” Goal C, Strategy 13, states the City should: “Align public safety services with community needs based on a data driven decision-making approach (i.e., emergency medical services, restoration of terminated police City Council/RSA Agenda 79 Tuesday, January 9, 2024
programs, etc.)

BACKGROUND
The City Council adopted the City of Union City Strategic Plan (the “Strategic Plan”) in September 2019 to establish goals and strategies to guide the City Council’s priorities. The City Council has revisited and updated the Strategic Plan on multiple occasions. The primary goal of the Strategic Plan is to “foster fiscal health through long-term planning, cost control, heightened efficiency, increased revenue and cost recovery." The City, pursuant to City Council direction, has taken several actions to improve its fiscal health over the recent years. These actions include legalizing and taxing cannabis and reducing contract costs with the Alameda County Fire Department. Additionally, Union City voters approved a Utility Users Tax (“UUT”) in 2020 and approved an extension of the existing one-half cent local sales tax (“Sales Tax”) in 2022. These voter-approved funding measures, combined, provide approximately $12.5 million general fund dollars and are critical to maintaining general City services, especially public safety services.

The City Council held a study session and public hearing on June 13, 2023 regarding the FY 2023-2024 and FY 2024-2025 Biennial Budget and Five-Year Capital Improvement Plan. The City Council also reviewed the long-range financial forecast and expressed an interest in exploring possible voter-approved revenue measures to address the anticipated ongoing $3 million gap in funding City services. The City currently maintains a healthy General Fund reserve; however, the City is facing a future structural deficit. The City is anticipated to face deficit spending in future fiscal years (see Attachment 1) as a result of rising costs of supplies, equipment, contracts, and employee salaries and retirement obligations. These costs are projected to lower the General Fund reserve by 2028 to the minimum reserve fund balance of twenty percent of its annual operating expenditures, which is equivalent to approximately ten weeks of operations. The City Council has prudently adopted Financial Principles to maintain a minimum of twenty percent in the General Fund reserve. In future budget cycles, absent additional revenue sources, the City will need to reduce approximately $3 million from City services in order to address the structural deficit.

To address the structural deficit, the City Council, at its July 11, 2023 meeting, authorized staff to engage TeamCivX (see Attachment 2) to assist the City in with a community survey and outreach to explore a renewal of the public safety parcel tax for voter consideration on the March 2024 primary ballot. The results of the community survey that were shared with the City Council on November 14, 2023 concluded that there was not the required two-thirds voter support for approval of the public safety parcel tax. With this conclusion, the City Council directed staff to explore other possible voter measures, for consideration by Union City voters in November 2024. To meet this directive, staff seek to extend the contract with TeamCivX to assist in this effort. Bryan Godbe of Godbe Research, would support TeamCivX with any community survey and Charles Heath would continue to provide assistance from TeamCivX. The current agreement with TeamCivX is schedule to expire in March without an extension. To facilitate continued evaluation of possible ballot measures for voter consideration, staff is seeking Councilapproval to extend the agreement with TeamCivX.

DISCUSSION
Below is a general timeline with milestones for the Council to consider that would be covered by the extended contract. A more detailed timeline is attached with the scope of services. The timeline is subject to modification to adjust changing conditions.

January/February 2024
Develop options for City Council’s consideration regarding possible voter-approved measures. This may include an expanded scope of options that may include, but is not necessarily limited to, renewal of City Council/RSA Agenda 80 Tuesday, January 9, 2024
the public safety parcel tax, increase and/or renewal of the UUT, or increase/modification of the BLT.

February/March 2024
City Council* discusses potential revenue measure rate options and provides direction on range of options to consider
Once Council direction is provided, a subcommittee may be formed to review draft messaging and discuss community outreach
*Two Councilmembers are currently seeking advice from the Fair Political Practices Commission (the “FPPC”) as they may be excluded from discussing and providing direction regarding a potential BLT because of their business ownership interests. If only three Councilmembers are qualified to discuss a possible BLT measure, a subcommittee may not be needed. Staf would utilize special meetings for the three Councilmembers instead of a subcommittee format. Staf are awaiting a response from the FPPC.

Launch informational communications with internal stakeholders outreach, initially focused on City boards and commissions and employee groups
April 2024
Expand outreach to external stakeholders and prepare informational mailer Godbe Research to develop second survey testing potential measures including, but not limited to, public safety parcel tax, BLT and/or UUT
Subcommittee or Council meets to review second phase of informational messaging, discuss outreach to date, and review draft survey
May 2024
Continue stakeholder outreach and communications
Godbe Research conducts second survey, analyzes results, and provides information June 2024
Continue stakeholder outreach and communications
Present survey results and recommendations to City Counciland receive final direction Work with City Attorney to draft resolutions and ordinances for proposed revenue measure July 2024
Finish stakeholder outreach and finalcommunications
July Council Meeting:Adopt resolution placing revenue measure on the November ballot August 2024
Friday, August 9, 2024: Deadline to qualify for November 5, 2024 ballot The proposal includes both the work of TeamCivX and Godbe Research. Both consultants have extensive experience working in Union City and have provided professional services on past ballot measures and the 2021 citywide community survey.

FISCAL IMPACT
The current agreement with TeamCivX contemplated nine months of consulting services at $67,500 ($7,500 per month) and one community survey ($38,575) for a total contract amount of $106,075. Staff seeks to extend the agreement for up to eleven months, which would carry the contract through July 31, 2024, and execute one additional community survey at the cost of $39,925. The total amended contract amount for TeamCivX City Council/RSA Agenda 81 Tuesday, January 9, 2024
professional services would be an additional $54,925. The total not-to-exceed cost of the TeamCivX contract would be $161,000.

The General Fund - City Manager’s Office - Community Relations – Professional/Consulting account (1110- 1201-11041-54110) in the FiscalYear 2023-2024 Budget contemplated up to $150,000 in expenditures. Staff is seeking a supplemental budget appropriation of $28,500 from the unassigned General Fund balance to cover the additional scope of services by TeamCivX for this fiscal year. The cost for professional services to evaluate possible ballot measures will largely be spent in Fiscal Year 2023-2024 since any possible ballot measure would need to be placed by the City Council prior to August 9, 2024. Costs associated with this account also include $25,000 for NHA to prepare an analysis regarding the renewal of a public safety parcel tax. Staff expect there likely will be savings in the FiscalYear 2024-2025 Budget and that there will be no cost overrun for the Biennial Budget for FiscalYear 2023-2024 and 2024-2025.

There may be additionalcosts independent of the professional services agreement to prepare mailers and digital communications. Sufficient funds are available in the Fiscal Year 2023-2024 Budget for these activities. Each mailer is budgeted at $16,250, for a total of $48,750 for three mailers. Account numbers 1110-1201-11041- 54214 (Printing & Reproduction) and 1110-1201-11041-54210 (Postage & Freight) include adequate funds to cover the cost of the mailers and digitalcommunications, which may be coordinated through TeamCivX.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to authorize the City Manager to execute the first amendment to the TeamCivX Professional Services Agreement in the amount of $54,925 to assist City staff with community surveying and communications for a totalcontract cost not to exceed $161,000. Additionally, staff requests authorization of a supplemental budget appropriation of $28,500 for the Fiscal Year 2023-2024 Budget to accommodate the additional scope of services.

Prepared by:

Joan Malloy, City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Long-Range Financial Forecast Graph Resolution Attachment 2 - TeamCivXProposal, July 2023 Exhibit
Resolution - Amend TeamCivXProfessional Services Agreement Resolution Exhibit A - Milestones and Scope of Services, January 2024 Exhibit Exhibit A - Community Survey Scope of Services Exhibit
City Council/RSA Agenda 82 Tuesday, January 9, 2024
Attachment 1 – Public Hearing on the Biennial Operating Budget FY 2023-2024 and 2024-2025, June 13, 2023
City Council/RSA Agenda 83 Tuesday, January 9, 2024
TeamCivX.com
June 26, 2023
Joan Malloy
City Manager
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Ms. Malloy:

On behalf of TeamCivX, we appreciate the opportunity to submit this proposal to help the City of Union City evaluate a potential revenue measure for the 2024 ballot. We are proud of our contributions to the successful tax measures for Union City in 2020 and 2022. We are eager to continue our successful collaboration with Union City.

While TeamCivX is a new venture formed in early 2023 by the former partners at TBWBH Props & Measures, we are a team of seasoned professionals with decades of experience helping public agencies navigate the ballot measure process to achieve locally controlled funding. We are strategy and communications consultants with unmatched experience evaluating the feasibility of local funding measures, designing measures for the ballot that align with community priorities and implementing informational communication efforts to raise awareness of funding needs and a potential ballot measure.

TeamCivX is uniquely positioned to support Union City in your revenue measure planning efforts for the following reasons:
• Experience in Union City. In 2008, I helped develop and pass Measure UU, a renewal of the City’s public safety parcel tax. In 2020, I helped develop and pass Measure WW, to establish a 5% utility users tax (UUT) for the City that was approved by 57% of local voters. In 2022 I helped develop and pass Measure Z, a 9-year extension of the City’s half-cent sales tax, which was approved by 74% of local voters. We also have experience passing bonds and taxes for other public agencies in Alameda County including Hayward, Newark, Dublin, Pleasanton, Livermore, Alameda, Albany and others.
• Unmatched City Tax Measure Experience. For over two decades, the partners at TeamCivX have been the “go to” consultants for public agencies seeking to pass a revenue measure.

We have passed over 100 city tax measures in a diverse set of cities throughout our home state of California. We maintain a success rate of over 90% and our experience includes sales taxes, utility taxes (UUTs), hotel taxes (TOTs), property transfer taxes, parcel taxes, general obligation bonds, vacancy taxes, assessments and fees.

City Council/RSA Agenda 84 Tuesday, January 9, 2024
TeamCivX.com
• Experience Navigating Challenging Environments. A revenue measure proposal is impacted by many factors far beyond our control, including the state of economy, political division, the public’s trust in government and other factors. We’ve helped our clients navigate economic downturns, partisan division, controversy and other challenges to achieve success. We believe in the civic process and work hard to bring communities together to build stronger communities.
• Multimedia Communications Experts. Part of our job is to help you get your message to the right people so that we build public awareness of your funding needs and tax proposal. People receive their information in many different ways these days. We are experts in traditional communication methods including direct mail and earned media.

We are also experts in digital media, including utilizing social media, digital advertising and video.
• Capacity to Serve You. TeamCivX’s seasoned partners and well-trained staff have both the knowledge and the capacity to serve your needs throughout the revenue measure process. We will personally lead your project and be your primary points of contact. We will be supported by one of our experienced Consultants who will help manage project logistics to ensure the plans we develop are executed on time, on budget and with precision.

The remainder of this proposal describes our scope of services, fees and our resumes. Given the importance of obtaining a statistically reliable measurement of public opinion, we have included information about Godbe Research in this proposal. We collaborated with Bryan Godbe on all of our successful tax measures in Union City. If you have questions or need additional information, please don’t hesitate to contact me at 415-810-8053 or at [email protected].

Thank you,
Charles Heath
Partner
City Council/RSA Agenda 85 Tuesday, January 9, 2024
TeamCivX.com
Firm Profile
About TeamCivX
TeamCivX is a Limited Liability Company managed by its five founding partners: Charles Heath, Jared Boigon, Barry Barnes, Joy Kummer and Jeremy Hauser. While TeamCivX is a new venture formed in early 2023 by the former partners and staff at TBWBH Props & Measures, we are a team of seasoned professionals who collectively bring over a century of experience developing and passing bond and tax measures in California. Individually we each bring between 10 and 25 years of experience and all of us have worked together for over a decade.

We are proud to be California’s leading strategy and communications consultants with unmatched experience evaluating the feasibility of local funding measures, designing measures for the ballot that align with community priorities and implementing informational communication efforts to raise awareness of your needs and a potential ballot measure. The partners at TeamCivX are frequent presenters and expert panelists for the League of Cities and other similar organizations representing Califonia municipalities and public agencies.

Each of our projects is led by one of the firm’s partners with decades of experience on local revenue measures. Each of our projects is also supported by one of our experienced and welltrained staff Consultants. The staff role on our projects is limited to logistical coordination to ensure that the strategies, plans and messaging developed by the lead partner are executed on time, on budget and with precision.

In addition to partners and staff, TeamCivX has a well-developed network of contract polling firms, graphic designers, videographers, photographers, printers, mailhouses, ad buyers and other professional resources that will be utilized as needed to execute planned strategies.

About Godbe Research
Godbe Research is a full-service market and public opinion research agency offering comprehensive research services for public sector clients. Our customized research studies apply both quantitative and qualitative research techniques to aid with community needs assessments, public education and outreach strategies, strategic and general planning efforts, community and departmental satisfaction, ballot measure feasibility, and public sector marketing efforts.

Godbe Research has the expertise, versatility, and depth necessary to deliver the knowledge you need to succeed. Our capabilities allow us to collect, compile, and analyze data in order to provide actionable recommendations. From designing superior sampling frames and instruments to ensuring accurate data collection and processing, our staff of highly-trained professionals is committed to producing high-quality, actionable, and easy-to-understand research that meets your objectives — on time and on budget.

City Council/RSA Agenda 86 Tuesday, January 9, 2024
TeamCivX.com
Scope of Services
Phase 1: Feasibility Assessment
To get your revenue measure started on the right path, we’ll help ensure you are asking the right strategic questions:
• Does a revenue measure stand a reasonable chance of achieving the passage threshold? At the 50% simple majority level or the 66.7% supermajority level? • What potential tax types, tax rates and durations fit within the tolerances of your community?
• What programs, services and funding needs are the top priorities for your voters? • Does sufficient awareness of your funding needs exist or is additional informational outreach needed?
• What is the right time to go to the ballot? The next election? A future election? • How does projected voter turnout in upcoming elections impact a tax proposal? • What other competing measures or issues are on the horizon that could impact your measure?
• What accountability protections or exemptions might be helpful to include in a proposed measure?
• How does the economy and political environment impact your measure? To help answer these questions, TeamCivX will conduct a thorough assessment of the local political landscape, analyze recent election results and work with Godbe Research to design a statistically reliable opinion survey of your local voters. Godbe recommends a mixed-mode survey among a representative sample of 500 likely voters in Union City. Interviews will be conducted by telephone on both landlines and cell phones, and online by email and text invitation. The overall sample will be demographically and geographically representative of likely voters in the City. We anticipate that a questionnaire of 20 to 25 minutes will be sufficient to cover the scope of information needed.

With key strategic questions answered, we will provide you with specific recommendations on how to structure a measure, when to go to the ballot and communication strategies that are needed to support your efforts. If a revenue measure does not appear to be viable at the current time, we will tell you that.

Phase 2: Awareness Building
If the feasibility assessment shows a viable path forward for a ballot measure, our next step will be to develop and implement an informational communications plan to raise awareness of your funding needs, while also introducing your proposed measure and providing opportunities for community input. While public agencies are legally prohibited from City Council/RSA Agenda 87 Tuesday, January 9, 2024
TeamCivX.com
advocating for the passage of a ballot measure, you can educate and inform your community about your needs and plans.

To build community awareness, TeamCivX will work with you to implement an informational communications effort that will include the following components:
• Developing informational messaging and fact sheets to be distributed in the community • Providing talking points, frequently asked questions and a message training to city leaders who will be interfacing with the public on this issue • Providing content related to your funding needs and proposed measure to be added to your website, used in social media, included in email updates and newsletters • Preparing PowerPoint presentations for public and community meetings • Writing, designing and producing mailings and advertising to inform local residents • Developing strategies and plans to inform external groups including elected leaders, business leaders, faith community leaders, taxpayer groups and others We will write all copy, handle the graphic design, coordinate printing and mailing and handle any ad buys as needed. We will just need for you to review content and designs and make sure the information is accurate and has the right feel for your community.

Phase 3: Measure Development
Based on the results of the feasibility assessment and community input received during the awareness building efforts, we will help you develop your measure for the ballot so that it is closely aligned with the community’s priorities and sensitivities. We will work with your financial advisors, legal counsel and other experts to accomplish this work, including:
• Recommending a final tax type, tax rate, duration and other specifics • Refining the final funding plans to reflect community priorities and ensuring programs eligible for funding are described in clear language the general public will understand • Working with legal counsel to develop the 75-word ballot question • Working with legal counsel to develop and refine all language that will appear in the ballot pamphlet mailed to all voters
• Working with local elections officials to ensure your measure qualifies for the ballot With these steps complete, your measure will be on the ballot. Since public agencies cannot advocate for ballot measures, an independent campaign committee will need to be formed to run an advocacy campaign in support of the measure. TeamCivX provides campaign consulting services to independent campaign committees but those services are not part of this proposal since the campaign must be led by an independent group.

City Council/RSA Agenda 88 Tuesday, January 9, 2024
TeamCivX.com
Partner Biographies
Charles Heath, Partner – TeamCivX
Over more than 20 years as a strategy and communications consultant, Charles has guided more than 100 ballot measures to victory. With a background in various political projects, Charles has spent the last decade with a strict focus on working with public agencies to design revenue measures for the ballot and execute strategic public information efforts to position his clients for success. Once a measure is on the ballot, Charles works with advocacy campaign committees to run efficient and effective campaigns to achieve voter approval for ballot measures.

Charles has led campaigns in all parts of California — from large urban environments like Oakland, San Jose and Los Angeles to suburban environments like Marin, Riverside and Orange County to rural and agricultural communities like Plumas County, Truckee and Stanislaus County.

Before his career in public finance campaigns, Charles worked as a policy analyst for a public policy think tank, as an aide in the California Legislature and as a reporter for a local newspaper.

Prior to co-founding TeamCivX, Charles was a partner and Vice President at two leading consulting firms.

Charles is a graduate of the University of California at Davis with degrees in Political Science and English, and he earned a Master’s Degree from the London School of Economics. Charles grew up in Orange County and now lives in the Bay Area with his wife Eva, his son Alexander and his daughter Lillian.

Bryan Godbe, President – Godbe Research
As the President and co-founder of Godbe Research, Mr. Godbe has more than 30 years of experience in public and voter opinion research to assist planning efforts, public education/outreach campaigns, governmental affairs programs, and political campaigns. In this capacity, he has conducted thousands of projects at the state and local levels for a diverse array of clients including transportation agencies, counties, councils and associations of government, libraries, water districts, as well as hundreds of cities, school districts, and special jurisdictions.

He is a recognized leader and innovator in using voter opinion research to assess the feasibility of revenue measures.

Mr. Godbe is a recipient of the Silver Anvil Award from the Public Relations Society of America.

He has a master's degree from the University of Michigan where he studied survey research methodology at the Institute for Social Research, and a bachelor's degree from the University of California, Berkeley.

City Council/RSA Agenda 89 Tuesday, January 9, 2024
TeamCivX.com
Fees
As is the standard in our industry, TeamCivX contracts on a monthly fee basis during the period of our engagement. For a jurisdiction the size of Union City, our monthly consulting fee is $7,500. Standard reimbursable business expenses for travel to meetings will be billed along with fees and partial months of service will be prorated.

For polling, the pricing below accounts for all costs necessary for Godbe Research to conduct a start-to-finish research project, including research design, questionnaire drafting, sample acquisition, data collection, data processing, analysis of results, and preparation of reports, memos or presentations as needed. In addition to all aspects of conducting the survey, the proposed costs include reasonable consulting and presentation of results. One half of the project fee would be billed upon commencement, and the other half upon delivery of results.

Godbe Research / TeamCivX /
City of Union City
Registered Voter Survey Costs
June 26, 2023:

Project Task 20-min. 22-min. 25-min.

Listed Voter Telephone Sample $1,000.00 $1,000.00 $1,000.00 Email Sample Purchase $1,000.00 $1,000.00 $1,000.00
Third-Party Email/Cell Phone Matching $800.00 $800.00 $800.00 CATI Programming Telephone Version $1,500.00 $1,675.00 $1,875.00 Internet Version Programming/Testing $5,500.00 $5,750.00 $6,000.00 Internet Version Recruitment/Hosting $1,000.00 $1,000.00 $1,000.00 Telephone Interviewing $9,800.00 $11,200.00 $12,600.00
Data Processing $850.00 $850.00 $850.00
Research Fee $7,750.00 $7,750.00 $7,750.00
Project Management $2,750.00 $2,750.00 $2,750.00
Miscellaneous Expenses $500.00 $500.00 $500.00
English Only Survey Total $32,450.00 $34,275.00 $36,125.00 Spanish Translation and Programming $800.00 $1,000.00 $1,200.00 Spanish Telephone Interviewing Fee $750.00 $1,000.00 $1,250.00 English and Spanish Survey Total $1,550.00 $2,000.00 $2,450.00 Hybrid (Internet & Telephone) Survey of up to 500 (n=500) Registered Voters City Council/RSA Agenda 90 Tuesday, January 9, 2024
TeamCivX.com
If the feasibility study shows a measure is viable, our monthly consulting fee will continue for the subsequent phases of work until a measure qualifies for the ballot. We will also need a budget for printing and production of informational materials. The cost to print and mail an informational brochure to the approximately 22,250 residential households in Union City is $18,250 per mailing, assuming bulk postage rates. For budgeting, most public agencies send two to three mailings during the ballot measure planning process. We also recommend establishing a budget of approximately $10,000 for digital media.

City Council/RSA Agenda 91 Tuesday, January 9, 2024
TeamCivX.com
Appendix 1: Client Experience
Statewide Measures
Proposition 1 - Veterans and
Affordable Housing Act
Proposition 2 - Homeless Mental
Health Housing Act
Unified School Districts
Alameda USD
Albany USD
Amador County USD
Arcadia USD
Azusa USD
Baldwin Park USD
Bassett USD
Beaumont USD
Brea Olinda USD
Cabrillo USD
Capistrano USD
Carlsbad USD
Castro Valley USD
Charter Oak USD
Claremont USD
Conejo Valley USD
Corona-Norco USD
Cotati-Rohnert Park USD
Culver City USD
Davis Joint USD
Downey USD
Dublin USD
El Rancho USD
Fairfield-Suisun USD
Folsom Cordova USD
Fremont USD
Garden Grove USD
Glendale USD
Hayward USD
Irvine USD
Jurupa USD
Kerman USD
La Cañada USD
Lake Elsinore USD
Lammersville USD
Las Virgenes USD
Lompoc USD
Long Beach USD
Los Alamitos USD
Los Angeles USD
Madera USD
Manhattan Beach USD
Manteca Unified USD
Martinez USD
Milpitas USD
Monterey Peninsula USD
Moorpark USD
Moreno Valley USD
Morgan Hill USD
Morongo USD
Mount Diablo USD
Mountain Empire USD
Napa Valley USD
Newark USD
New Haven USD
Novato USD
Oak Park USD
Orange USD
Pajaro Valley USD
Palo Alto USD
Palos Verdes Peninsula USD
Paradise USD
Patterson Joint USD
Pleasanton USD
Poway USD
Riverside USD
Sacramento City USD
Saddleback Valley USD
San Jose USD
San Lorenzo Valley USD
San Marcos USD
San Marino USD
San Ramon Valley USD
Santa Ana USD
Santa Monica-Malibu USD
Simi Valley USD
Snowline Joint USD
Sonoma Valley USD
South Pasadena USD
South San Francisco USD
Tahoe Truckee USD
Tustin USD
Ukiah USD
Val Verde USD
Vallejo City USD
Vista USD
Walnut Valley USD
Washington USD
Westa Contra Costa USD
Woodland Joint USD
Yucaipa-Calimesa Joint USD
Elementary School Districts
Alisal Union SD
Alpine Union SD
Alta Loma SD
Alum Rock Union Elementary SD
Anahiem Elementary SD
Auburn Union SD
Beardsley SD
Belmont-Redwood Shores SD
Berryessa Union SD
Bonsall SD
Buena Park SD
Burlingame SD
Cambrian SD
Campbell Union SD
Castaic Union SD
Central SD
Centralia Elementary SD
Cupertino Union SD
Del Mar Union SD
Miller Creek SD
Fountain Valley SD
Franklin-McKinley SD
Fruitvale SD
Fullerton SD
Huntington Beach City SD
Jefferson Elementary SD
Kentfield SD
La Mesa-Spring Valley Union SD
Lakeside Union SD
Larkspur-Corte Madera SD
Live Oak SD
Loma Prieta Joint Union SD
Los Altos SD
Los Gatos Union SD
Lowell Joint SD
Menifee Union SD
Millbrae SD
Modesto City Elementary SD
Moraga SD
Moreland SD
Mountain View Whisman SD
Norris SD
North Sacramento SD
Oakley Union Elementary SD
Ocean View SD
Orinda Union SD
Pacifica SD
Palmdale SD
Perris Elementary SD
Petaluma City Elementary SD
Portola Valley SD
Ravenswood City SD
Redwood City SD
Reed Union SD
Romoland SD
Rosemead SD
Roseville City SD
San Carlos SD
San Mateo-Foster City SD
San Rafael Elementary SD
Santa Cruz City Elementary SD
Santa Rita Union SD
Santa Rosa Elementary SD
Saratoga Union SD
Saugus Union SD
Savanna SD
Soquel Union Elementary SD
Sulphur Springs Union SD
Union SD
Victor Elementary SD
Westminster SD
High School Districts
Campbell Union HSD
Chaffey Joint Union HSD
Delano Joint Union HSD
East Side Union HSD
El Dorado Union HSD
Fullerton Joint Union HSD
Galt Joint Union HSD
Jefferson Union HSD
Los Gatos-Saratoga Union HSD
Mountain View-Los Altos HSD
Nevada Joint Union HSD
Oxnard Union HSD
Perris Union HSD
Petaluma Joint Union HSD
Placer Union HSD
Roseville Joint Union HSD
San Benito HSD
San Dieguito Union HSD
San Mateo Union HSD
San Rafael HSD
Santa Cruz City HSD
Santa Rosa HSD
Sequoia Union HSD
Tamalpais Union HSD
William S. Hart Union HSD
Community
College Districts
Allan Hancock College
Antelope Valley College
Cabrillo College
Chabot-Las Positas CCD
Chaffey College
College of the Canyons
College of Marin
College of the Siskiyous
Contra Costa CCD
Foothill-De Anza CCD
Gavilan College
Glendale College
Hartnell College
Lane Community College
Mendocino College
Merced CCD
MiraCosta College
Monterey Peninsula College
Napa Valley College
Pasadena City College
Peralta CCD
Mt. San Jacinto CCD
Rancho Santiago CCD
Riverside CCD
San Bernardino CCD
San Joaquin Delta CCD
Santa Barbara City College
Santa Monica College
Santa Rosa Junior College
Yuba College
Hospitals and Healthcare
Salinas Valley Memorial Healthcare
System
Seton Medical Center
Valley Health System*
*private-side campaign only
The unmatched experience of TeamCivX’s five partners
City Council/RSA Agenda 92 Tuesday, January 9, 2024
RESOLUTION NO. XXXX-24

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

THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH TEAMCIVX IN THE AMOUNT OF $54,925, FOR A TOTAL CONTRACT AMOUNT OF $161,000, AND AUTHORIZE A SUPPLEMENTAL BUDGET APPROPRIATION OF $28,500 FOR THE FISCAL YEAR 2023-2024 BUDGET TO

ACCOMMODATE THE ADDITIONAL SCOPE OF SERVICES
WHEREAS, the City Council adopted a five-year strategic plan in September 2019, updated in 2021, that established as Goal A, Financial Stability and Sustainability, and included a policy to “foster fiscal health through long-term planning, cost control, heightened efficiency, increased revenue and cost recovery;” and
WHEREAS, Goal A, Strategy 1, states: “Develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit;” and WHEREAS, Goal A, Strategy 8, states: “Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 to address critical facilities and infrastructure needs.”; and WHEREAS, Goal A, Strategy 9, states: “Pursue the placement of a voter-approved revenue measure on a ballot to address the funding gap between revenues and expenditures for fundamental public safety and other city services.”; and
WHEREAS, Goal C, Strategy 13, states the City should: “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 City has taken several steps to improve its fiscal health over the past four years, including legalizing and taxing cannabis sales and reducing contract costs with the Alameda County Fire Department; and
WHEREAS, a majority of Union City voters passed the utility users’ tax (UUT) in 2020 after the extension of the public safety parcel tax failed to receive two-thirds voter support; and WHEREAS, a majority of Union City voters extended the existing one-half cent sales tax in 2022; and
WHEREAS, Union City has relied upon voter approved measures to provide fundamental services in the community, including, but not limited to, public safety, street and park maintenance, senior services, and youth violence prevention programs; and
WHEREAS, rising costs of supplies, equipment, contracts, and employee salaries and retirement obligations, are projected to lower the General Fund by 2028 to the minimum reserve fund balance of twenty percent of its annual operating expenditures; and WHEREAS, the City Council has prudently adopted Financial Principles to maintain a minimum of twenty percent in its General Fund reserve; and
WHEREAS, the loss of General Fund revenues threatens funding that supports ongoing public safety services for the community; and
City Council/RSA Agenda 93 Tuesday, January 9, 2024
City Council Resolution xxxx-24

WHEREAS, maintaining public safety is a priority of the City Council; and WHEREAS, the City Council desires to amend the professional services agreement with TeamCivX to assist the City with evaluating and analyzing community support for potential revenue measure through a community survey, and to assist in the preparation of a recommendation to the City Council to consider potential community education and outreach and potential placement of a revenue measure or measures on the November 2024 election ballot for voter consideration, and WHEREAS, TeamCivX has prepared a proposal to amend the current agreement that includes community surveying by Godbe Research, community information, and an analysis and feasibility assessment for potential recommendation to the City Council (attached as Exhibit A); and WHEREAS, the current agreement with TeamCivX contemplated nine months of consulting services at $67,500 ($7,500 per month) and one community survey ($38,575) for a total contract amount of $106,075; and
WHEREAS, the City seeks to extend the TeamCivX agreement for up to eleven months, which would add $15,000 to the cost of services, and execute one additional community survey at the cost of $39,925 for a total contract amendment of $54,925 and a not-to-exceed cost of $161,000; and WHEREAS, to cover the additional scope of services, staff is seeking a supplemental budget appropriation of $28,500 from the unassigned General Fund balance; and NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute the first professional services contract amendment with TeamCivX, in a form approved by the City Attorney, to assist the City in community surveying, analysis, and communications, as attached in Exhibit A, for an additional contract amount $54,925 and a total contract cost not-to-exceed $161,000.

BE IT FURTHER RESOLVED the City Council authorizes a supplemental budget appropriation for account number 1110-1201-11041-54110 (General Fund – City Manager’s Office - Community Relations - Professional/Consulting) of $28,500 from the unassigned General Fund balance to cover the additional scope of services by TeamCivX for this fiscal year.

BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions consistent with the intent of this resolution and execute all agreement necessary, in a form approved by the City Attorney.

City Council/RSA Agenda 94 Tuesday, January 9, 2024
City Council Resolution xxxx-24

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 95 Tuesday, January 9, 2024
TeamCivX.com
To: City of Union City
From: Charles Heath, TeamCivX
Date: December 4, 2023
Re: Planning Timeline for Consideration of Potential November 2024 Revenue Measure(s)*
______________________________________________________________________________ *Subject to modification based on changing circumstances.

November-December 2023 [Completed]
• Analyze survey results and present recommendations to City Council • Develop and send Winter Newsletter featuring budget information • TeamCivX develops initial phase of informational messaging focused on city’s budget needs
January 2024
• City Council identifies members of revenue measure ad-hoc subcommittee • HDL develops business license tax analysis of potential rate changes • NHA Advisors develops revised public safety parcel tax scenarios within rate limits from polling
• City develops potential UUT rate options
• Subcommittee meets to review potential revenue measure rate options February 2024
• City Council discusses potential revenue measure options and provides direction on range of options to consider
• TeamCivX updates informational messaging to include range of revenue measure options for consideration
• TeamCivX prepares messaging documents, including:
o Talking points
o FAQs
o Fact sheet
o Social media and web content
o PPT presentation for public meetings
o Informational mailing with tear-off community priorities survey • TeamCivX develops internal and external stakeholder outreach target lists • Subcommittee meets to review draft messaging and discuss outreach March 2024
• Launch informational communications
• Send first direct mail piece and launch social media content • Send same content via city email distribution lists
City Council/RSA Agenda 96 Tuesday, January 9, 2024
TeamCivX.com
• Post informational content on city website and social media accounts • Begin stakeholder outreach, initially focused on internal stakeholders including:
o City boards and commissions
o Employee groups
o Overlapping special district leadership
April 2024
• Expand outreach to external stakeholders, including:
o Current and former local elected leaders
o Chamber of Commerce and business leaders
o Realtors
o Service clubs
o School leaders
o Faith community leaders
o Ethnic community leaders
o Neighborhood leaders
o Taxpayer groups
• TeamCivX crafts second phase of informational messaging reporting back to the community on feedback from community priorities survey and focusing on potential revenue measure options
• TeamCivX prepares second informational mailer and social media content • Work with Godbe Research to develop second poll testing potential measures as directed by the City Council or subcommittee
• Subcommittee meets to review second phase of informational messaging, discuss outreach to date and review draft poll
May 2024
• Continue stakeholder outreach
• Launch second phase of informational communications
• Send second direct mail piece and send same content via city email distribution lists • Post informational content on city website and social media accounts • Godbe Research conducts second poll analyzes results and develops recommendations June 2024
• Continue stakeholder outreach
• Subcommittee meets to review poll results and develop recommendations • Present poll results and recommendations to City Council and receive direction • TeamCivX crafts third phase of informational messaging focusing on proposed revenue measure
• TeamCivX prepares third informational mailer and social media content • Work with City Attorney to draft resolutions and ordinances for proposed revenue measure
• Subcommittee meets to review draft resolutions and ordinances City Council/RSA Agenda 97 Tuesday, January 9, 2024
TeamCivX.com
July 2024
• Finish stakeholder outreach
• Launch third phase of informational communications
• Send third direct mail piece and launch social media content • Send same content via city email distribution lists
• July Council Meeting: Adopt resolution placing revenue measure(s) on the November ballot
• TeamCivX updates web and social media content to reflect Council action to place measure on November ballot and providing voting details August 2024
• August 9, 2024: Deadline to qualify for November 5, 2024 ballot City Council/RSA Agenda 98 Tuesday, January 9, 2024
GODBE RESEARCH  1220 Howard Avenue, Suite 250  Burlingame, CA 94010  office: 650.288.3020  fax: 866.388.8510 Godbe Research / City of Union City /
TeamCivX
Second Survey Cost Options
January 2, 2024:

Project Task 18-min. 20-min. 22-min. 25-min.

Listed Voter Telephone Sample $1,200.00 $1,200.00 $1,200.00 $1,200.00 Email Sample Purchase $1,000.00 $1,000.00 $1,000.00 $1,000.00 Third-Party Email/Cell Phone Matching $800.00 $800.00 $800.00 $800.00 CATI Programming Telephone Version $1,200.00 $1,425.00 $1,650.00 $1,875.00 Internet Version Programming/Testing $5,250.00 $5,500.00 $5,750.00 $6,000.00 Internet Version Recruitment/Hosting $1,200.00 $1,200.00 $1,200.00 $1,200.00 Telephone Interviewing $9,000.00 $10,400.00 $11,800.00 $13,200.00 Data Processing $950.00 $950.00 $950.00 $950.00
Research Fee $8,000.00 $8,000.00 $8,000.00 $8,000.00
Project Management $3,000.00 $3,000.00 $3,000.00 $3,000.00 Miscellaneous Expenses $250.00 $250.00 $250.00 $250.00
English Only Survey Total $31,850.00 $33,725.00 $35,600.00 $37,475.00 Spanish Translation and Programming $600.00 $800.00 $1,000.00 $1,200.00 Spanish Telephone Interviewing Fee $500.00 $750.00 $1,000.00 $1,250.00 English and Spanish Survey Total $32,950.00 $35,275.00 $37,600.00 $39,925.00 Hybrid (Internet & Telephone) Survey of up to 500 (n=500) Registered Voters City Council/RSA Agenda 99 Tuesday, January 9, 2024