Agenda packet — Union City City Council, May 14, 2024 (part 2 of 3)

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 M-GROUP

FOR PLANNING DIVISION SUPPORT, IN A FORM

APPROVED BY THE CITY ATTORNEY, TO INCREASE
THE AGREEMENT AMOUNT BY $175,500, FOR A TOTAL
NOT TO EXCEED AMOUNT OF $250,000, AND TO
EXTEND THE AGREEMENT TO JUNE 30, 2026
WHEREAS, the City of Union City utilizes consultants for contract planning services to support the Planning Division of the Economic and Community Development Department; and WHEREAS, M-Group provides contract planning services to municipal planning departments, and the Economic and Community Development Department would like to retain them to support the Planning Division with various planning services; and WHEREAS, on June 24, 2023, the City Manager executed a Consulting Services Agreement with M-Group, in an amount not to exceed $74,500, for assistance with counter and related customer support services as well as development projects paid by applicants; and WHEREAS, the First Amendment will allow M-Group to continue working on existing and future development projects while continuing to provide counter and related customer service support; and
WHEREAS, funding for M-Group contract planning services will continue to be covered by funds from Account No. 1110-6104-41004-54100 for Current Planning/Professional Consulting as well as fees paid for by development project applicants, resulting in no impact to the General Fund; and
WHEREAS, staff recommends that the City Council authorize the City Manager to execute the First Amendment to the Agreement with M-Group to increase the Agreement amount by $175,500, for a total not to exceed the amount of $250,000, and to extend the Agreement to June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement (C6074) with M-Group, in a form approved by the City Attorney, to increase the Agreement by $175,500, for a total not to exceed amount of $250,000, for Planning Division support, and to extend the Agreement to June 30, 2026.

City Council/RSA Agenda 345 Tuesday, May 14, 2024
Resolution No. XXXX-24
Authorizing Amendment to M-Group Consulting Services Agreement

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 346 Tuesday, May 14, 2024
Agenda Item
DATE: 5/14/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE THIRD AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH CUMMING GROUP (FORMERLY NOVA PARTNERS,
INCORPORATED), IN THE AMOUNT OF $88,427, FOR A TOTAL
CONTRACT AMOUNT OF $338,000, FOR CONSTRUCTION PROJECT

MANAGEMENT SERVICES FOR CITY-OWNED BUILDING REPAIRS

AND RENOVATIONS
Staff recommends that the City Council authorize the City Manager to execute the Third Amendment to the Consulting Services Agreement (“Third Amendment”) with Cumming Group (formerly Nova Partners, Incorporated), in the amount of $88,427, for a total contract amount of $338,000, for construction project management services for various City-Owned Building Repairs and Renovations projects.

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

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

BACKGROUND
On April 12, 2022, the City Council adopted Resolution No. 5922-22a, which directed that part of the unanticipated budget savings in the General Fund be programmed for reinvestment in unfunded, one-time, capital projects. Included were four high-priority projects for which the City contracted with Swinerton to provide pre-construction project management: 1) the library roof; 2) the City Hall atrium garden; 3) the emergency generator at City Hall/Police; and 4) the Historical Museum. Repairs to the library roof and the water-damaged interior surfaces of the library were satisfactorily completed; however, minimal or no progress was made on the other projects while additional projects, including emergency repairs, continued to strain City Council/RSA Agenda 347 Tuesday, May 14, 2024
limited staff resources.

On June 14, 2022, the City Council adopted Resolution No. 5953-22, approving a Consulting Services Agreement for pre-construction project management of the original four high-priority capital projects with Swinerton Management & Consulting (“Swinerton”). As staff realized that the workload exceeded Swinerton’s capacity to assist, another firm was sought to replace them. Nova Partners, Incorporated, was engaged in February 2023 to handle both the pre-construction and construction management tasks on a three-month trial period, ending on May 31, 2023, for a total contract amount of $74,573.

On June 27, 2023, the City Council adopted Resolution No. 6153-23, approving the First Amendment to the Consulting Services Agreement with Nova Partners, Incorporated, in the amount of $175,000, for a total contract amount of $249,573.

On November 29, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement to amend the scope of services and extend the term.

In March 2024, Nova Partners was renamed and rebranded to the Cumming Group. Staff continue to depend on Cumming Group for assistance with pre-construction and construction project management tasks. Staff has been satisfied with the work Cumming Group continues to provide and wish to further use their services.

DISCUSSION
Cumming Group provides pre-construction project management services that include preparation of bid documents and procurement of contractors for the repairs to City facilities, as well as providing project management of the construction activity. They have been instrumental in managing several repair and renovation projects for City-owned facilities to include: 1) the completed bidding, permitting, procurement and installation of the exhaust removal systems at Fire Station 31 and Fire Station 32; 2) the exterior repair, interior demolition and bidding for the interior reconstruction of the Union City Historical Museum; 3) the bidding for the corporation yard roof and access hatch ladders; 4) the installation and programming of the City Hall/Police Department generator remote monitoring system (annunciator); 5) the completed design and permitting of the City Hall Atrium Garden; 6) the procurement of services for the City Hall/Police Department generator, to include maintenance and fuelcleaning; and, 7) the bidding and contracting of design services for the future City Hall/Police Department mobile generator tap box. Public Works continues to depend on Cumming Group to oversee these and other projects, to include the second phase of the City Hall workstation modernization and the installment of new carpet at City Hall.

FISCAL IMPACT
The Third Amendment increases Cumming Group’s compensation by $88,427 and will be funded by the Fiscal Year 2023-2024 General Fund mid-year budget amendments as outlined in Resolution No. 6282-24, adopted by City Council on April 9, 2024.

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute the Third Amendment to the Consulting Services Agreement with Cumming Group, (formerly Nova Partners, Incorporated), in the amount of $88,427, for a total contract amount of $338,000, for construction project management services for various City-Owned Building Repairs and Renovations projects.

City Council/RSA Agenda 348 Tuesday, May 14, 2024
Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 - Third Amendment Attachment
City Council/RSA Agenda 349 Tuesday, May 14, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH

CUMMING GROUP (FORMERLY NOVA PARTNERS,
INCORPORATED), IN THE AMOUNT OF $88,427, FOR A TOTAL
CONTRACT AMOUNT OF $338,000, FOR CONSTRUCTION PROJECT

MANAGEMENT SERVICES FOR VARIOUS CITY-OWNED BUILDING

REPAIRS AND RENOVATIONS PROJECTS
WHEREAS, on April 12, 2022, the City Council adopted Resolution No. 5922-22a, directing that part of the unanticipated budget savings in the General Fund be programmed for reinvestment in unfunded, one-time, capital projects; and WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5953-22, approving a Consulting Services Agreement with Swinerton Management & Consulting (“Swinerton”), in the amount of $75,630, for pre-construction project management of four highpriority capital projects involving the library, the City Hall atrium garden, the emergency generator at City Hall/Police, and the Historical Museum; and
WHEREAS, the workload demands of both pre-construction project management and construction project management services for the original high-priority capital projects, as well as several additional priority projects and emergency repairs, exceeded Swinerton’s capacity to assist; and
WHEREAS, Nova Partners, Incorporated (“Nova”), was contracted on February 27, 2023, to replace Swinerton for both the pre-construction project management and construction project management tasks, on a three-month trial period ending on May 31, 2023, for a total contract amount of $74,573; and
WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 6153-23, approving the First Amendment to the Consulting Services Agreement with Nova, in the amount of $175,000, for a total contract amount of $249,573; and WHEREAS, on November 29, 2023, the City executed the Second Amendment to the Consulting Services Agreement with Nova to amend the scope of services and extend the term; and
WHEREAS, Cumming Group has been instrumental in managing several repair and renovation projects for City-owned facilities, including 1) the completed bidding, permitting, procurement, and installation of the exhaust removal systems at Fire Station 31 and Fire Station 32; 2) the exterior repair, interior demolition and bidding for the interior reconstruction of the Union City Historical Museum; 3) the bidding for the corporation yard roof and access hatch ladders; 4) the installation and programming of the City Hall/Police Department generator remote monitoring system (annunciator); 5) the completed design and permitting of the City Hall Atrium Garden; 6) the procurement of services for the City Hall/Police Department generator, to include maintenance and fuel cleaning; and, 7) the bidding and contracting of design services for the future City Hall/Police Department mobile generator tap box; and City Council/RSA Agenda 350 Tuesday, May 14, 2024
Resolution No. XXXX-24
Third Amendment to Nova CSA

Page 2 of 2 ends

WHEREAS, Public Works continues to depend on Cumming Group to oversee these and other projects, including the second phase of the City Hall workstation modernization and the installment of new carpet at City Hall; and
WHEREAS, staff has been satisfied with the work Nova/Cumming Group has done thus far and wishes to use their services further; and
WHEREAS, the Third Amendment to the Consulting Services Agreement with Cumming Group (formerly Nova Partners, Incorporated) will increase Cumming Group’s compensation by $88,427, for which funds were appropriated in the Fiscal Year 2023-2024 General Fund mid-year budget amendments as outlined in Resolution No. 6282-24, adopted by City Council on April 9, 2024.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Union City does hereby adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Cumming Group, in the amount of $88,427, for a total contract amount of $338,000, for construction project management services for various CityOwned Building Repairs and Renovations projects.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 351 Tuesday, May 14, 2024
Third Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group

Page 1 of 4 ends

THIRD AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5939)
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 14th day of May 2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Cumming Group (formerly Nova Partners, Incorporated), ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:

WHEREAS, on February 27, 2023, the Parties entered into a Consulting Services Agreement (C5939) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Project Management Services, City Project No. 22-21, in the amount of $74,573; and WHEREAS, on May 31, 2023, the Parties entered into a First Amendment to the Consulting Services Agreement (C5939b) (“First Amendment”) to increase the compensation in the amount of $175,000, for a total contract amount not to exceed $249,573, and extend the term; and WHEREAS, on November 29, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement (C5939c) (“Second Amendment”) to amend the scope of services and extend the term; and
WHEREAS, the Parties desire to further amend the Agreement to amend the scope of services, extend the term of service and increase the compensation; and WHEREAS, the City and Consultant desire to enter into this Third 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 Third Amendment, attached hereto and incorporated herein by reference.

2. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to July 1, 2025.

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Eighty-Eight Thousand Four Hundred Twenty-Seven Dollars ($88,427), as set forth in Exhibit B of this Third Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Three Hundred Thirty-Eight Thousand Dollars ($338,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Three Hundred Thirty-Eight Thousand Dollars ($338,000), notwithstanding any contrary DocuSign Envelope ID: 03151BC2-EC09-4A8F-A30D-EEF532757F8E City Council/RSA Agenda 352 Tuesday, May 14, 2024
Third Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group

Page 2 of 4 ends

indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

4. All other provisions of the Agreement, remain unchanged except as modified by this Third 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 CUMMING GROUP
By By
Joan Malloy David Marks
City Manager Principal
Attest:
___________________________
Thai Nam Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
DocuSign Envelope ID: 03151BC2-EC09-4A8F-A30D-EEF532757F8E City Council/RSA Agenda 353 Tuesday, May 14, 2024
Third Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group

Page 3 of 4 ends

EXHIBIT A

SCOPE OF SERVICES
The tasks we will perform will remain as per our existing agreement. We understand our scope may vary depending on the specific needs of each project. These are the projects we will manage:

City Hall/Pd Generator
Historic Museum
City Hall Atrium Garden
City Hall Battery Backup
FS 31/32 Exhaust Removal
Corp Yard Lighting
Corp Yard Car Port
Corp Yard Concrete Pad
Corp Yard Roof Access
Workstation Modernization Phase II
City Hall Carpet Replacement
Future Projects
DocuSign Envelope ID: 03151BC2-EC09-4A8F-A30D-EEF532757F8E City Council/RSA Agenda 354 Tuesday, May 14, 2024
Third Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group

Page 4 of 4 ends

EXHIBIT B

COST PROPOSAL
Further to our Extra Service Request 02 dated November 29, 2023, we propose to adjust our PO in order to continue providing Construction Project Management services to the City of Union City.

Proposed Staffing:
• Joe Capps-Jenner will be responsible for the overall performance of Nova’s services.

Joe’s hourly rate is $225/hr.
• Saul Flores will be responsible for day-to-day project management. Saul’s hourly rate is $185/hr. Please note we are proposing to increase Saul’s hourly rate beginning June 1st 2024 (it was previously $170/hr).

Fee:

Based on our understanding of the required scope, we estimate that Saul will spend an average of approximately three days per week supporting the City of Union City. We will track this carefully and review with you regularly to ensure the appropriate level of resource is provided.

We are ready to adjust our level of effort as needed and will only bill for the hours we spend on your projects.

Our current PO value is $212,500. We propose to increase it to $338,000 as outlined below. This will increase our overall approved contract value from $249,573 to $338,000. We also propose that our contract duration gets extended through June 30, 2025. The current agreement only extended the services through July 1, 2024.

DocuSign Envelope ID: 03151BC2-EC09-4A8F-A30D-EEF532757F8E City Council/RSA Agenda 355 Tuesday, May 14, 2024
Agenda Item
DATE: 5/14/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AN EXTENSION OF THE

EXCLUSIVE NEGOTIATING AGREEMENT WITH CITY VENTURES

HOMEBUILDING LLC, FOR THE SALE AND DEVELOPMENT OF A

PORTION OF THE GATEWAY PROPERTY(CALTRANS SITE)
Staff recommends that the City Counciladopt a resolution approving an extension of the Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC., for the sale and development of a portion of the Gateway Property. This property is also commonly referred to as the Caltrans site.

STRATEGIC PLAN ALIGNMENT
Strategic Plan Goal C, Economic, Community Development, and Public Safety: Institute forwardthinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

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.

Strategy 18: Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway.

BACKGROUND
The City Counciladopted Resolution 5526-19, which authorized the acquisition of the Gateway Property from Caltrans. The 36-acre parcel is roughly bounded by Osprey Drive, Alvarado-Niles Road, the Fremont city limit, and Old Alameda Creek. A Purchase and Sale Agreement with Caltrans to purchase the property was executed August 16, 2019.

City Council/RSA Agenda 356 Tuesday, May 14, 2024
The City Counciladopted Resolution 5682-20 which authorized staff to issue a Notice of Availability soliciting interest for development of a portion of the Gateway Property under procedures required by the Surplus Land Act.

The California Transportation Commission authorized conveyance of the Caltrans property to the City of Union City at its June 24, 2021, meeting, Tab 81, Ref# 2.4d(3).

On June 28, 2021, City staff emailed the Notice of Availability of the Gateway Property to all parties that registered with the California Department of Housing and Community Development expressing interest in receiving notices of the surplus land availability. The Surplus Land Act required that developers provide a minimum twenty-five percent affordable homes in development proposals.

City Ventures Homebuilding, LLC, the developer that built “The Sugarmill” on Union City Boulevard, submitted a statement of interest by the August 30, 2021, deadline. City Ventures proposed to pay Union City $90 million for the property. The proposed $90 million purchase price is higher than the $86,184,000 appraised value. The City is obligated to pay Caltrans the full amount received by the City for the property, and no less than the appraised value of $86,184,000.

City Council adopted Resolution 5874-21 approving an Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for the sale and development of a portion of the Gateway Property. The Exclusive Negotiating Agreement identifies the framework for product type, density range, and amenities proposed for development. Four hundred to 535 residential units with a variety of densities and product types will be evaluated during the entitlement process. As noted, twenty-five percent of the units must be affordable to accommodate very low- and low-income households. The developer will also be required to comply with certain preservation requirements for the Peterson Farmhouse Site included in the Caltrans Office of Historical Resources Studies PRC Review, October 9, 2020, DD; 034410-01-01.

The Exclusive Negotiating Agreement is nonbinding but is intended to provide time for the Parties to negotiate a binding agreement. The First Amendment to the original agreement was executed to extend the period for which the developer could perform its due diligence on the parcel. The original agreement was set to expire on December 14, 2023, but included a provision allowing the City Manager to extend the term for 180 days if the Parties were continuing to negotiate in good faith. The City and City Ventures executed that extension via the Second Amendment to the Exclusive Negotiating Agreement, and the agreement is now set to expire on June 12, 2024.

DISCUSSION
Progress to Date
Much progress has been made to ensure the City is able to deliver a developable parcel for purchase by City Ventures Homebuilding, LLC. As part of the preliminary design of Quarry Lakes Parkway Phase 2, which is the segment between Alvarado-Niles Road and Old Alameda Creek and includes realignment of Quarry Lakes Drive, the original stormwater drainage and bioretention areas for the roadway were relocated to the top of bank east of Old Alameda Creek. The relocated bioretention area will facilitate hydromodification for Quarry Lakes Parkway to occur within Old Alameda Creek, thereby reducing the depth of the bioretention area. The reduced depth will provide opportunities for the bioretention area to be used for passive recreation activities and could include trails that connect to Quarry Lakes Regional Park and the Alameda County Flood Control Channel. The relocated bioretention area will also allow City Ventures to build homes between Osprey Drive and Quarry Lakes Parkway, in place of two large drainage ditches that were originally planned for the East West Connector project.

City Council/RSA Agenda 357 Tuesday, May 14, 2024
Through the Quarry Lakes Parkway design process, the City is close to finalizing and filing a Tentative Map for the property, which will set the boundaries for Quarry Lakes Parkway, Quarry Lakes Drive, the bioretention area, and lands available for development. The Tentative Map could be filed by the end of 2024.

Need for Extension
Pending City Council approval, City staff and City Ventures Homebuilding, LLC, have agreed in principle to extending the Exclusive Negotiating Agreement by an additional 180 days, with the option for an additional 180-day extension by mutual agreement of both parties. The City Manager would have the authority to exercise this additional 180-day extension. The extension would provide additional time needed to negotiate the terms of a Property Sale Agreement and any other necessary agreements.

City staff and representatives from City Ventures have worked in good faith on the terms of a Property Sale Agreement that would formalize the conditions for the purchase of the land. However, securing permits and funding for the Quarry Lakes Parkway project have taken longer than expected, creating uncertainty for when the City could deliver the parcel to City Ventures, and the sale of the Gateway site could move forward.

The additional time will give the City and developer greater clarity on the timeline for construction of Phase 2 of Quarry Lakes Parkway. During the proposed term extension of the Exclusive Negotiating Agreement, the City hopes to complete the final design of Phase 2, as well as secure all permits needed to begin construction on the phase. Permit decisions may require changes to Phase 2 design, which could impact the parcel to be sold to the developer. Phase 2 will set the boundaries of the City Ventures development, with a portion of the Gateway property retained by Union City for the Quarry Lakes Parkway roadway, pedestrian improvements, and stormwater treatment.

Completion of the Property Sale and City Payment to Caltrans Once the City and City Ventures are able to successfully negotiate a Property Sale Agreement, that agreement will be brought to the City Council for review and approval. In addition, any project proposed by City Ventures will be required to obtain entitlements from the City, which will include public hearings and opportunities for public engagement and feedback.

The City is required to pay Caltrans the land cost payment received from City Ventures for the purchase of the real estate property, which may not be less than Caltrans’ appraised value of $86,184,000. The land cost paid to Caltrans will be deposited into a Local Alternative Transportation Improvement Program (LATIP) account and distributed to LATIP projects as approved on December 30, 2009 by California Transportation Commission (CTC) under Item 5.2, Approval of State Route 84 Local Alternative Transportation Improvement Program (LATIP) in Southern Alameda County. The balance and revenue estimates for the LATIP projects were updated on May 18, 2023 by CTC under Item 4.24, Local Alternative Transportation Improvement Program- State Route 84 Historic Parkway Project – Request for Advance Funding under Assembly Bill 1386 and approval of updated Priority List Resolution LATIP-2223-01.

Below are the updated balances and revenue funds for the LATIP projects:

LATIP
Project
ID
Location Responsible
Agency
Improvement Name Estimated
LATIP Balance
or Funds
1 Caltrans Land Deposit Frees $ 2,900,000
2 Fremont Santa Clara
County
I-880/262/Mission IC (Total
Cost at $42,350,000
$ 7,350,000
City Council/RSA Agenda 358 Tuesday, May 14, 2024
Transportation
Authority (VTA)
3 Fremont Fremont Existing Route 84
Relinquishment
$17,720,000
4 Fremont/Union
City
Fremont & Union
City
Decoto Complete Street &
Quarry Lakes Parkway
$16,400,000
$41,814,000
TOTAL LATIP REVENUE $86,184,000

FISCAL IMPACT
Authorizing the extension of the Exclusive Negotiating Agreement and preparation of the Property Sale Agreement will not impact the General Fund. Per the Exclusive Negotiating Agreement, City Ventures Homebuilding, LLC will pay for the entitlement process and the costs of preparing the Property Sale Agreement.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving an extension of the Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC, for the sale and development of a portion of the Gateway Property.

Prepared by:

Jonathan Segarra, Management Analyst II
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A: Third Amendment to Exclusive Negotiating Agreement Exhibit Exhibit B: Second Amendment to Exclusive Negotiating Agreement Executed August 1, 2023
Exhibit
Exhibit C: First Amendment to Exclusive Negotiating Agreement Executed March 24, 2022
Exhibit
Exhibit D: Exclusive Negotiating Agreement with City Ventures Executed December 14, 2021
Exhibit
City Council/RSA Agenda 359 Tuesday, May 14, 2024
RESOLUTION NO XXXX-24

RESOLUTION OF THE CITY OF UNION CITY APPROVING AN

EXTENSION TO THE EXCLUSIVE NEGOTIATING

AGREEMENT WITH CITY VENTURES HOMEBUILDING,

LLC, FOR THE SALE AND DEVELOPMENT OF A PORTION

OF THE GATEWAY PROPERTY (CALTRANS SITE)
WHEREAS, the Gateway Property is an approximately 36-acre parcel bounded by Osprey Drive, Alvarado-Niles Road, the Fremont city limits, and Old Alameda Creek, originally acquired by Caltrans to construct State Route 84; and
WHEREAS, the City Council adopted Resolution 5526-19, which authorized the acquisition of the Gateway Property from Caltrans; and
WHEREAS, a Purchase and Sale Agreement with Caltrans to purchase the property was executed on August 16, 2019, and the California Transportation Commission authorized the conveyance of the Caltrans property to the City of Union City on June 24, 2021; and WHEREAS, the City Council adopted Resolution 5682-20, which declared the Gateway Property as surplus land and authorized staff to issue a Notice of Availability to solicit Statements of Interest in developing a housing project on the Gateway Property as required by the Surplus Land Act, pursuant to California Government Code Section 54220 et seq.; and WHEREAS, City staff sent the Notice of Availability of the Gateway Property to all entities registered with the California Department of Housing and Community Development expressing interest in receiving notices of the surplus land availability, as well as all other entities required by law, on June 28, 2021, and provided interested parties 60 days to submit a Notice of Interest; and
WHEREAS, the Surplus Land Act requires that the developers submitting statements of interest for the Gateway Property provide a minimum of 25 percent of the residential units developed as affordable housing; and
WHEREAS, City Ventures Homebuilding, LLC was the only entity that timely submitted a statement of interest to the City for the Gateway Property and has offered to purchase the Gateway Property for $90 million, which is greater than its current appraised value; and WHEREAS, City Council adopted Resolution 5874-21 approving an Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC. for the sale and development of a portion of the Gateway Property on December 14, 2021; and WHEREAS, City Ventures Homebuilding, LLC, and the City entered into the 24-month Exclusive Negotiating Agreement, during which time it was anticipated that City Ventures Homebuilding, LLC would seek entitlements and complete necessary environmental review for the development project, and the parties would negotiate and prepare a Disposition and Development Agreement that will define the business terms for the sale of the property; and City Council/RSA Agenda 360 Tuesday, May 14, 2024
Resolution No. XXXX-24
Extending Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for Gateway Property Development

Page 2 of 3 ends

WHEREAS, the Term of the Agreement was established as twenty-four (24) months, terminating on December 15, 2023, with the possibility of extending the Term by an additional one hundred eighty (180) days by written mutual agreement of the Parties; and WHEREAS, the Exclusive Negotiating Agreement granted the City Manager the authority to extend the term if sufficient progress was being made in negotiations and to allow the processing of necessary entitlements; and
WHEREAS, the parties extended the Term by one hundred eighty (180) days to terminate on June 12, 2024; and
WHEREAS, City staff and City Ventures Homebuilding, LLC have been negotiating in good faith and have made sufficient progress toward execution of a mutually acceptable Disposition and Development Agreement given the totality of the circumstances to justify an extension of the Term; and
WHEREAS, City staff and City Ventures Homebuilding, LLC desire to extend the Term of the Exclusive Negotiating Agreement by an additional one hundred eighty (180) days, with an option to extend the Term by an additional one hundred eighty (180) days; and WHEREAS, the amendment to the Exclusive Negotiating Agreement grants the City Manager the authority to exercise the option to extend the term by an additional one hundred eighty (180) days.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City approves an extension of the Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for the sale and development of a portion of the Gateway Property, for one hundred eighty (180) days, with an option to extend the Term by an additional one hundred eighty (180) days. in substantive form attached hereto and incorporated herein by reference; and BE IT FURTHER RESOLVED that the City Council of theCity of Union City authorizes the City Manager to execute an amendment to the Exclusive Negotiating Agreement, in a form approved by the City Attorney, to effectuate this extension.

City Council/RSA Agenda 361 Tuesday, May 14, 2024
Resolution No. XXXX-24
Extending Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for Gateway Property Development

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – Third Amendment to Exclusive Negotiating Rights Agreement

2. Exhibit B – Second Amendment to Exclusive Negotiating Rights Agreement (Executed)

3. Exhibit C – First Amendment to Exclusive Negotiating Rights Agreement (Executed)

4. Exhibit D – Exclusive Negotiating Rights Agreement (Executed) City Council/RSA Agenda 362 Tuesday, May 14, 2024

THIRD AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (Gateway Project)

THIS THIRD AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS
AGREEMENT (this “Third Amendment”) is made and entered into as of ___________, 2024 by and between the City of Union City, a California municipal corporation (“City”), and City Ventures Homebuilding, LLC, a Delaware limited liability company (“Developer”). The City and Developer are collectively referred to herein as the “Parties” and sometimes individually as a “Party.”

RECITALS
A. City and Developer are parties to that certain Exclusive Negotiating Rights Agreement dated December 15, 2021 (the “Agreement”). The Parties entered into that certain First Amendment to the Agreement dated March 24, 2022 (the “First Amendment”). The Parties entered into that certain Second Amendment to the Agreement dated August 1, 2023 (the “Second Amendment”).

B. Pursuant to the Agreement, the Parties agreed to use their best efforts to successfully negotiate a DDA which would describe the terms and conditions governing the purchase of the Property by Developer.

C. The Term of the Agreement was established as twenty-four (24) months, terminating on December 15, 2023, with the possibility of extending the Term by an additional one hundred eighty (180) days by written mutual agreement of the Parties.

D. The parties entered into that certain Second Amendment to extend the Term by one hundred eighty (180) days to terminate on June 12, 2024.

E. The Parties have been negotiating in good faith, and have made sufficient progress toward execution of a mutually acceptable DDA given the totality of the circumstances to justify an extension of the Term.

F. The Parties desire to extend the Term by an additional one hundred eighty (180) days as set forth herein, with an option to extend an additional one hundred eighty (180) days.

G. Capitalized terms not defined herein shall have the same meaning as in the Agreement.

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Developer do hereby agree as follows:

1. Recitals. The above recitals are true and correct and incorporated herein.

2. Extension of Term. The Parties hereby agree to amend Section 1.3 of the Agreement to extend the Term of the Agreement by one hundred eighty (180) days, until December City Council/RSA Agenda 363 Tuesday, May 14, 2024
9, 2024. The Term may be extended by an additional one hundred eighty (180) days by written mutual agreement of the Parties. The City Manager shall have the authority to agree to such an extension on behalf of the City if, in the City Manager's judgment, sufficient progress toward execution of a mutually acceptable DDA has been made to merit such extension.

3. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

4. Effect. Except as expressly provided by this Second Amendment, all other terms and condition of the Agreement, as previously amended, shall remain in full force and effect.

IN WITNESS WHEREOF, City and Developer do hereby execute this Amendment as of the date first written above.

DEVELOPER:

CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
By: City Ventures Communities, LLC,
a Delaware limited liability company,
its sole member
By:___________________________
Name: ________________________
Title: _________________________
CITY:

CITY OF UNION CITY,
a municipal corporation
By: ______________________________
Joan Malloy, City Manager
Attest:

By: _______________________________
Thai Nam Pham, City Clerk
Approved as to Form:

By: ___________________________
Kris Kokotaylo, City Attorney
City Council/RSA Agenda 364 Tuesday, May 14, 2024

SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (Gateway Project)

THIS SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS
AGREEMENT (this “Second Amendment”) is made and entered into as of August 1, 2023 by and between the City of Union City, a California municipal corporation (“City”), and City Ventures Homebuilding, LLC, a Delaware limited liability company (“Developer”). The City and Developer are collectively referred to herein as the “Parties” and sometimes individually as a “Party.”

D. The Parties have been negotiating in good faith and have made sufficient progress toward execution of a mutually acceptable DDA given the totality of the circumstances to justify an extension of the Term.

E. The Parties desire to extend the term by one hundred eighty (180) days as set forth herein. Section 1.3 of the Agreement authorizes the City Manager to approve the extension without further approval from the City Council.

F. Capitalized terms not defined herein shall have the same meaning as in the Agreement.

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Developer do hereby agree as follows:

1. Recitals. The above recitals are true and correct and incorporated herein.

2. Extension of Term. Pursuant to Section 1.3 of the Agreement, the Parties hereby extend the Term of the Agreement by one hundred and eighty (180) days. The Agreement shall terminate on June 12, 2024.

City Council/RSA Agenda 365 Tuesday, May 14, 2024

3. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

4. Effect. Except as expressly provided by this Second Amendment, all other terms and condition of the Agreement, as previously amended, shall remain in full force and effect.

IN WITNESS WHEREOF, City and Developer do hereby execute this Amendment as of the date first written above.

DEVELOPER:

CITY VENTURES HOMEBUILDING, LLC,
a Delaware limited liability company
By: City Ventures Communities, LLC,
a Delaware limited liability company,
its sole member
By: ___________________________
Patrick Hendry, President

CITY:

CITY OF UNION CITY,
a municipal corporation
By: ______________________________
Joan Malloy, City Manager
Attest:

By: _______________________________
Anna Brown, City Clerk
Approved as to Form:

By: ___________________________
Kris Kokotaylo, City Attorney
5406659.1
City Council/RSA Agenda 366 Tuesday, May 14, 2024
5499 1

FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (Gateway Project)

THIS FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS
AGREEMENT Amendment this 24th day of March, 2022
by and between the City of Union City, a California municipal corporation ( City ), and City Ventures Homebuilding, LLC, a Delaware limited liability company ( Developer ), with reference to the following facts:

RECITALS
A. City and Developer are parties to that certain Exclusive Negotiating Agreement dated December 15, 2021 (the Agreement
B. Each of the initially capitalized terms used in this Amendment and not otherwise defined in this Amendment shall have the meaning given to it in the Agreement.

C. City and Developer desire to amend the Agreement in the particular respect set forth below.

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Developer do hereby agree as follows:

1. Due Diligence. The second (2nd) sentence of Section 2.3 of the Agreement is hereby amended to provide that the Due Diligence Period shall end on August 15, 2022.

2. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

3. Ratification. Except as expressly amended in Section 1 above, the Agreement shall remain in full force and effect and is hereby ratified and reaffirmed.

IN WITNESS WHEREOF, City and Developer do hereby execute this Amendment as of the date first written above.
[SIGNATURES ON FOLLOWING PAGE]

City Council/RSA Agenda 367 Tuesday, May 14, 2024
5499 2
DEVELOPER:

CITY:

CITY OF UNION CITY,
a municipal corporation
By: ______________________________
Name: ______________________________
Title: ______________________________
Attest:

By: _______________________________
City Clerk
Approved as to Form:

By: ___________________________
City Attorney
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Agenda Item
DATE: 5/14/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER, OR THEIR

DESIGNEE, TO SUBMIT THE REQUIRED FUNDING APPLICATION AND TO

EXECUTE THE CERTIFICATIONS, ASSURANCES, AND AUTHORIZED

AGENT FORMS FOR THE LOW-CARBON TRANSIT OPERATIONS

PROGRAM (LCTOP) FOR THE UNION CITY FLEA (FLEXIBLE, LOCAL,

EASY, ACCESS) MICROTRANSIT EXPANSION OF SERVICE, IN THE AMOUNT OF $229,992, AND TO PLACE THE AWARD IN THE TRANSIT FUND (5110)
Staff recommends the City Council adopt a resolution authorizing the City Manager, or their designee, to submit the required funding application and to execute the certifications, assurances and authorized agent forms for the Low-Carbon Transit Operations Program (LCTOP) for the Union City Flea (Flexible, Local, Easy, Access) Microtransit Expansion of Service, in the amount of $229,992, and to place the award in the Transit Fund (5110).

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

BACKGROUND
Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006, took a long-term, comprehensive approach to address climate change and its effects on the environment and natural resources. The legislation allows the California Air Resources Board (CARB) to establish a quarterly auction of a limited number of greenhouse gas (GHG) tradable permits. The program is commonly referred to as the Cap-and-Trade, whereby the proceeds from these auctions fund legislated programs furthering the purpose of AB32.

The LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862 (SB 862) drafted to further the purpose of AB32. Senate Bill 862 (Statutes of 2014) appropriates $25 million for LCTOP for Fiscal Year (FY) 2014-15 and SB 862 continuously appropriates five percent (5%) of the annual auction proceeds in the Greenhouse Gas Reduction Fund for LCTOP beginning in FY2015-16.

City Council/RSA Agenda 390 Tuesday, May 14, 2024
Approved projects in LCTOP will support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities, with each project required to reduce greenhouse gas emissions. Funds in this program are allocated to operators by the Metropolitan Transportation Commission (MTC) through the State Controller’s Office, which uses Public Utility Code (PUC) Sections 99313 and 99314 to identify funding. Funds are distributed based on revenues and, through MTC Resolutions 4123 and 4130, based on population. The California Department of Transportation (Caltrans) is the administering agency.

DISCUSSION
Union City will receive approximately $34,031 (PUC 99314) in direct LCTOP funds from Caltrans and $195,961 (PUC 99313) in LCTOP funds through the MTC population-based calculation for the FY2023-24 program period totaling $229,992. The MTC projects that over the course of twenty-five (25) years Union City will receive $1.5 million dollars in combined revenue and population funds from this program.

The FY2023-24 funds will be combined with local transit funds for a microtransit service expansion for Union City. The attached funding application nominates the proposed project and allows Caltrans to allocate those funds toward the proposed project. The City Council approved a similar resolution for LCTOP funds in 2015 for FY2014-15, in 2016 for FY2015-16, in 2018 for FY2017-18, in 2019 for FY2018-19, in 2020 for FY2019-20, in 2021 for FY2020-21, in 2022 for FY2021-22, and in 2023 for FY2022-23 program funds; the City was successful in receiving all fund requests.

Caltrans has adopted an authorized agent designation and certifications and assurances for LCTOP. As a condition to receive LCTOP funds, each project sponsor/agency must authorize an agency designee to execute these certifications and assurances. They include guidelines for project administration, reporting, cost principles, record retention, and special situations.

FISCAL IMPACT
The City will receive $229,992 of pass-through LCTOP funds. These funds will be combined with federal and other local transit funds for the proposed project. There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends the City Council adopt a resolution authorizing the City Manager, or their designee, to submit the required funding application and to execute the certifications, assurances and authorized agent forms for the Low-Carbon Transit Operations Program (LCTOP) project, Union City Flea Microtransit Expansion of Service, in the amount of $229,992, and to place the award in the Transit Fund (5110).

The resolution also authorizes the City Manager to designate the Transit Manager or Public Works Director to execute the required certifications and assurances for the LCTOP funds.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

City Council/RSA Agenda 391 Tuesday, May 14, 2024
Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A -Allocation Request Exhibit
Exhibit B-Authorized Agent Form Exhibit
Exhibit C- Certificates and Assurances Exhibit
City Council/RSA Agenda 392 Tuesday, May 14, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING THE CITY MANAGER, OR

THEIR DESIGNEE, TO SUBMIT THE REQUIRED

FUNDING APPLICATION AND TO EXECUTE THE

CERTIFICATIONS, ASSURANCES AND AUTHORIZED

AGENT FORMS FOR THE LOW-CARBON TRANSIT

OPERATIONS PROGRAM (LCTOP), UNION CITY FLEA
(FLEXIBLE, LOCAL, EASY, ACCESS) MICROTRANSIT
EXPANSION OF SERVICE, IN THE AMOUNT OF $229,992,

AND TO PLACE THE AWARD IN THE TRANSIT FUND
(5110)
WHEREAS, the City of Union City – Union City Transit is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and
WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the City of Union City – Union City Transit wishes to implement the following LCTOP project listed below:

List project(s), including the following information:

Project Name: Union City Flea (Flexible, Local, Easy, Access) Microtransit Expansion of Service
Amount of LCTOP funds requested: $229,992
Short description of the project: Union City Transit would expand the service area to additional areas currently not served by fixed-route service. The service expansion would overlap with fixed-route service to demonstrate that an hourly fixed-route service may no longer cater to the demands of the modern customer.

Benefit to Priority Populations: The expansion of the service area and the service window associated with these funds will allow Union City Transit to provide public transit access to communities where a larger fixed-route bus cannot access. This opens up access to areas that currently only fall under the Americans with Disabilities Act (ADA) complementary paratransit requirement to all residents regardless of age or ability requirements. This enables priority residents that may have been relying on rides from family or Transportation Network Companies (TNC) to have a more affordable option to access regional transportation connection, jobs, medical services, and essentials shopping during normal business hours.

Amount to benefit Priority Populations: $153,328
Contributing Sponsors: Metropolitan Transportation Commission The allocation request for this project is attached as Exhibit A; and City Council/RSA Agenda 393 Tuesday, May 14, 2024
Resolution No. XXXX-24
UC Transit Annual LCTOP

Page 2 of 2 ends

WHEREAS, the California Department of Transportation (Caltrans) has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and
WHEREAS, the City of Union City – Union City Transit wishes to delegate authorization to execute these documents and any amendments thereto to City Manager and/or their designees (see Exhibits B and C); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations, and guidelines for all LCTOP funded transit projects.

NOW THEREFORE, BE IT FURTHER RESOLVED that City Manager and/or their designee(s) be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Allocation Request Form

2. Authorized Agent Form

3. Certifications and Assurances
City Council/RSA Agenda 394 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
No Yes
20 15
10 1
Years
Months
Lead Agency Information
Lead Agency Name: City of Union City
Address: 34009 Alvarado-Niles Road
City, State, Zip Code: Union City, CA 94587
Does your agency have an approved Title VI Plan Approved Date: Title VI Attached:

Allocation Request Prepared by Contact (if different than "Prepared by") Agency Type: Transit Operator
Transit Service Name: Union City Transit
Caltrans District: 04
County: Alameda County
Agency Website: http://www.ci.union-city.ca.us/departments/transit-340 Regional Planning Agency: Metropolitan Transportation Commission Authorized Agent Legislative District Numbers
Name: Marilou Ayupan Assembly*:

Title: Public Works Director Senate*:

Phone #: 510.675.5446 Phone #:

E-mail: [email protected] E-mail:

Name: Steve Adams Name:

Title: Transit Manager Title:

Sub-Type
Provision of a new expanded/enhanced transit service
Start date (anticipated) : 8/12/2024 End date (anticipated) : 06/30/2025 Project Summary
Name: No more
than 180
characters.

Union City Flea (Flexible, Local, Easy, Access) Microtransit Expansion of Service Description
(Short): No
more than 375
characters.

Union City Transit would expand the service area to additional areas currently not served by fixed-route service. The service expansion would overlap with fixed-route service to demonstrate that an hourly fixed-route service may no longer cater to the demands of the modern customer.

Type: Operations_Project
Phone #: 510.675.5306 Congressional*:

E-mail [email protected] *if you have additional Districts, please provide a separate attachment Project Life: For capital projects, state the project useful life in years. For operation projects state the number of months a service will be funded.

Capital:

Operations: 11
Approved LONP: No LONP Approval date:
$229,992
Rollover Projects: Please provide the total number of years your agency plans to accumulate funds and how many years, include this year remaining.

Rollover Project: No
Total Years of Rollover:

Remaining Years of Rollover:

Funding: 99313: $195,961 99314: $34,031 Total:

Division of Local Assistance
Low Carbon Transit Operations Program Page 1 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 395 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
$195,961
PUC 99314 Amount: $34,031 $34,031
PUC 99313 Amount: $195,961
Funding Information
Allocation Year Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total $0
Other Funds: $604,758 $604,758
Other GGRF:
$229,992
LCTOP Interest: $0
Total LCTOP Funds: $0 $229,992 $0 $0 $0
Contact E-mail: [email protected]
Contact Person: Steve Adams 99313
Contact Phone #: 510.675.5446 $34,031 99314
$0 $834,750
Lead Agency: City of Union City Amount: PUC Funds Type:

Total Funding: $0 $229,992 $604,758 $0 $0
Contributing Sponsor: Amount:

Contact Phone #: 415.778.6611 99314
Contact E-mails: [email protected]
Contributing Sponsor: MTC Amount: PUC Funds Type:

Contact Person: Anne Spevack $195,961 99313
Contributing Sponsor: Amount: PUC Funds Type:

Contact Person: 99313
Contact E-mails:

PUC Funds Type:

Contact Person: 99313
Contact Phone #: 99314
Union City Transit estimates the expansion of its microtransit service to cost $834,750. Union City Transit will use $229,992 in LCTOP fund for partial operation cost and will use TDA to supplemwnt the rest of the operation cost.

Detailed Funding Information: This section should be completed to detail any funds included in the “Prior” column of the Funding Information section above. For projects with an approved CAP that transferred funds and/or interest into the project from previous years, include the Project ID, amount of funds transferred, and CAP approval date.

N/A
Total FY 23-24 LCTOP Funding $229,992
Fully Funded Project: Provide a description of all the funds that will be used to complete this project and how LCTOP funds will not supplant other funding sources. Include the project ID and awarded funding amount from prior rollover years.

Contact Phone #: 99314
Contact E-mails:

Division of Local Assistance
Low Carbon Transit Operations Program Page 2 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 396 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
Funding Plan
Total Project Funding
Component Prior FY 23-24 FY 24-25 FY 25-26
$0
PS&E $0 $0 $0 $0 $0 $0 $0
FY 26-27 FY 27-28 Total
PA&ED $0 $0 $0 $0 $0 $0
$0 $0
Operations/Other $0 $229,992 $604,758 $0 $0 $0 $834,750 Veh/Equip Purchase $0 $0 $0 $0 $0
$0 $0
CON $0 $0 $0 $0 $0 $0 $0
R/W $0 $0 $0 $0 $0
FY 27-28 Total
PA&ED $0
$0 $834,750
Funding Source: Low Carbon Transit Operations Program (LCTOP) Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27
TOTAL $0 $229,992 $604,758 $0 $0
$0
Veh/Equip Purchase $0
CON
$0
R/W $0
PS&E
Funding Source: TDA Article 4.0
Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total $229,992
TOTAL $0 $229,992 $0 $0 $0 $0 $229,992
Operations/Other $229,992
$0
CON $0
R/W
$0
PS&E $0
PA&ED
TOTAL $0 $0 $604,758 $0 $0 $0 $604,758
$0
Operations/Other $604,758 $604,758
Veh/Equip Purchase
$0
PS&E $0
PA&ED
Funding Source:

Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total $0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
Funding Source:

Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total TOTAL $0 $0 $0 $0 $0 $0 $0
$0
CON $0
R/W
$0
PS&E $0
PA&ED
$0 $0TOTAL $0 $0 $0 $0 $0
$0
Operations/Other $0
Veh/Equip Purchase
Division of Local Assistance
Low Carbon Transit Operations Program Page 3 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 397 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
Funding Plan
Funding Source:

Component Prior FY 23-24 FY 24-25 FY 25-26
$0
PS&E $0
FY 26-27 FY 27-28 Total
PA&ED
$0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
Funding Source:

Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total TOTAL $0 $0 $0 $0 $0 $0 $0
$0
CON $0
R/W
$0
PS&E $0
PA&ED
TOTAL $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other $0
Veh/Equip Purchase
$0
PS&E $0
PA&ED
Funding Source:

Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total $0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
Funding Source:

Component Prior FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total $0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
TOTAL $0 $0 $0 $0 $0 $0 $0
Division of Local Assistance
Low Carbon Transit Operations Program Page 4 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 398 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
2) Project Planning - Provide a detailed explanation of the project planning process and how it was designed to avoid substantial burden on any low- income, disadvantaged, and vulnerable populations. Include any public outreach, events, workshops or community input. No more than 1450 characters.

This project is an expansion to the Union City Flea (Flexilbe, Local, Easy, Access) microtransit service which currently serves Union City’s Central Business District, Station District, Tamarack Hills, and Seven Hills neighborhoods where fixed-route service has either failed or cannot be served by a large bus. The expansion area includes Kitayama, Town Estates, Central Park West, and Tropics neighborhoods with a node extending to the Union Landing Transit Center. This service has not required any public outreach because the service is still being analyzed as a pilot through this expansion. City Council will receive a presentation on the expansion of service at a regularly scheduled meeting in June or July 2024.

No burden is being placed on priority populations or the surrounding community. There is more benefit to be had with the increased public transit service to service areas not currently served by fixed route service. 3) Project Costs - Provide an itemized breakdown of project components and describe how the cost estimations were developed. Please include marketing and bus wraps cost in this section. Total costs must correspond to the Funding Information section above. No more than 1450 characters.

Monthly Fixed Fee $28,824.12
Variable (Hourly) Rate $76.10
Est. Monthly Variable Total $40,739.38
Est. Monthly Combined Total $69,562.50
Est. Service Annual Total $834,749.97
Please refer to the table in the City Council staff report for source of project costs:
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3785&MeetingID=1622 Agency Information
Project Information
1) Project Description - Provide a comprehensive project description. For operations projects, include: number of trips, span, frequency improvements, number of days of operation and marketing component (if applicable). For capital projects, include: product specifications and identify all LCTOP funded components. No more 1450 Characters .

Union City Flea (Flexible, Local, Easy, Access) Microtransit pilot was originally funded by the Bay Area Air Quality Management District (BAAQMD) and began service in May 2021. The pilot project was limited in service due to restrictions associated with the BAAQMD funding that did not allow overlap with existing fixed-route service. Since the pilot ended there has been a desire publicly and politically to expand the service area and service hours to areas currently not served by fixed-route service which are typicaly areas the large buses cannot serve. The LCTOP funds would allow microtransit service to connect to all residents without restrictions including Union City’s only DAC Census Tract 6001440301 and two (2) low-income communities within Census Tract 6001440200 and 6001440100. The expanded service will run Monday through Friday for a span of eleven (11) months, from August 12, 2024, through June 30, 2025, from ~4:30a to ~8:30p. The service will use three (3) 2020 Ford Transit T-350 Unibody vans with up to two (2) in service for the period of performance associated with these funds. The requested allocation funds for the LCTOP Fiscal year 2023-2024 are expected to fund this upcoming fiscal year, but the service itself is expected to operate after June 30, 2025, and may need LCTOP funding for future expansion or enhancement.

Division of Local Assistance
Low Carbon Transit Operations Program Page 5 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 399 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
Union City Transit's fixed-route and microtransit services cash fares are $2.00 for Adults (18-64), $1.25 for Youth (6-17), and $1.00 for Senior (65+), Certified Disabilities, and Medicare Card holders; cash fare payers are issued one (1) free transfer valid for 120 minutes. Union City Transit offers thirty-one (31) day fixed-route passes: $55 for Adults (18-64), $35 for Youth (6-17), and $26 for Senior (65+), Certified Disabilities, and Medicare Card holders. Union City Transit is a part of Metropolitan Transportation Commission's (MTC) regional electronic fare media system, Clipper, and accepts Clipper for cash fares, thirty-one (31) day fixed-route passes (Clipper Only), free transfers, inter-operator transfers (Some Clipper Only), and regional fare discount programs (Clipper Only).

Paratransit rides are $2.75 each-way for all clients; clients can request a free transfer to fixed-route service valid for 120 minutes. A ten (10) ride paratransit ticket book for $27.50 is available. Paratransit does not currently accept Clipper.
5) Agency Service - Describe the transit service provided and how the project plays into the overall operations.

Include how the COVID-19 pandemic has impacted transit service related to the project. No more than 2450 characters.

Union City Transit is the municipal transit operator for the City of Union City. It provides fixed-route and Americans with Disabilities Act (ADA) complementary paratransit service. It operates seven (7) days a week from 4:32a to 10:42p on weekdays, and 6:51a to 7:42p on Weekends. Paratransit rides can be scheduled up to three (3) days in advance over the phone between 8:00a and 5:00p. Union City Transit also provides the Union City Flea (Flexible, Local, Easy, Access) microtransit pilot service in parts of the City where large fixed-route buses cannot access Weekdays from ~4:30a to ~8:30p.
4) Agency Fare - Describe your agency's fare structure including any discounts or special fares and how the project will affect that structure if at all. No more than 1450 characters.

Division of Local Assistance
Low Carbon Transit Operations Program Page 6 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 400 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
Project GHG Benefits
Greenhouse Gas Reductions - Describe qualitatively how this project will reduce greenhouse gas emissions.

The expansion of the Union City Flea microtransit pilot will encourage residents to use transit as a first/last mile connector instead of a single occupancy vehicle.

Project Yr. F Ridership Increase - Estimated
annual ridership contributed by the new
service or capital improvement in YrF.
15,000
Targeted annual ridership is 15,000 passengers or 3
passengers per revenue hour
Adjustment (A) - Adjustment factor to
account for Choice Riders. Use defaults
values.

0.540
Year F (YrF) - Final year that the service is
funded or the final year of useful life for
capital improvements.
2025
Union City Transit plans to use all LCTOP funds by June 30th, 2025 for operation cost
Project Yr. 1 Ridership Increase - Estimated
annual ridership contributed by the new
service or capital improvement in Yr1.
4,300
Current annual ridership is 4,300 passengers or 1.12
passengers per revenue hour
Greenhouse Gas Reductions - Please provide quantitative information requested below and explanations supporting the data provided.

Value Explanation
Year 1 (Yr1) - First year of service, or year
that capital improvements will be
completed.
2024
Union City Transit plans to expand the microtransit
program in line with the BART schedule change in
August 2024
Total Project GHG Emission Reductions
(MTCO2e) 0.76
This number is calculated based on the values from
above and the QM-Tool tab.

LCTOP Project GHG Emission Reductions
(MTCO2e) 0.76
This number is calculated based on the values from
above and the QM-Tool tab.

Total Project Ridership Increased
9,650
This is calculated based on the values above.

Total Project VMTs Reduced
46,274
This number is calculated based on the values
above.

Trip Length (L) - Length (miles) of average
auto trip reduced or average passenger
trip length. You may use defaults values.

8.88 Default value. This expanded microtransit service will be providing a first/last mile transit connection where there is currently no fixed-route service
Project Useful Life 1This is calculated based on the values above.

Division of Local Assistance
Low Carbon Transit Operations Program Page 7 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 401 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
x
% of Project Budget Associated with Other Activity
Value Explanation
Baseline Average One-Way Fare Cost
($/One-Way Trip/Rider) (Average fare per
boarding, prior to project
implementation)
$1.05 The average adult, senior, youth, child, and the
discounted fare are $1.05
Other Project Activity (select from drop-down)
% of Project Budget Associated with Other Activity
Other Project Activity (select from drop-down)
Project Benefits
Primary Project Activity (select from drop-down) Operation of local transit service, including mixed mode % of Project Budget Associated with Primary Activity 100.00% Job Support Benefits (Refer to LCTOP Guidelines and CARB Co-Benefits website for more information) Travel Cost Savings Benefits
Co-Benefits - Check all additional Benefits/Outcomes.

Improved Safety Coordination with Educational Institution Improved Public Health College Grades K-12
Avoided Parking Cost ($/Roundtrip/Rider)
(Average avoided parking cost associated
with project)
$3.00 The average transit facility parking cost at Union City BART Station is $3.00
Avoided Toll Cost ($/Roundtrip/Rider)
(Average avoided toll cost associated with
project)
N/A (ex. The average tolling cost in the project area is $10 per day)
New Average One-Way Fare Cost
($/One-Way Trip/Rider) (Average fare per
boarding resulting from project
implementation)
$1.05 The average adult, senior, youth, child, and the
discounted fare will remain the same at $1.05
Transit Facility Parking Cost
($/Roundtrip/Rider) (Average cost to park
to use transit associated with project)
$3.00 The average transit facility parking cost at Union City BART Station is $3.00
Reduced Operating/Maintenance Costs Promotes Active Transportation Increase System Reliability Promotes Integration w/ other modes Co-Benefits - Describe benefits selected above and other benefits not listed.

Promotes Integration w/ other modes- The expansion of Union City’s Flea (Flexible, Local, Easy, Access) microtransit promotes the use of transit as opposed to single occupancy vehicles as a first/last mile gap to transit.

Division of Local Assistance
Low Carbon Transit Operations Program Page 8 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 402 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
Method: Select the method your agency
used for identifying an important
community or household need.

D. Alternative Approach: Where direct engagement is infeasible, refer to thelist of common needs for priority populations in CARB’s Funding Guidelines Table 5 and confirm that the project addresses at least one listed need.

Does your Agency's Service Area have a Disadvantaged Community? (as defined by SB 535) Yes Is the project located within the boundaries of a disadvantaged community census tract? Yes Is the project located within the boundaries of a low-income community census tract or household? Yes Community Engagement Co-Benefits
Community engagement refers to the process of cultivating active public participation in, or leadership of, affairs of importance to the community. California Climate Investments that engage with communities can provide positive co-benefits. A positive community engagement co-benefit results when a California Climate Investments project is able to demonstrate that public participation in planning, design, and implementation occurs in ways that foster community access, deliberation, and leadership. Please answer a couple of questions to determine your level of Community Engagement Benefit.

Projects Community Engagement Co-benefits: Use the Community Engagement Co-benefit Assessment tool found in the FY 23-24 LCTOP Supplemental Guidance to identify the specific level of Community Engagement Co-benefit (High, Medium, Low):

Priority Populations Benefits
Step 1 - Identify the Priority Population(s): Determine if the project is at least partially located within a Priority Population census track or will benefit Priority Population households.

Specific Common Need: Make a selection
only if letter D is selected above.

ECON 5 Reduce transportation costs (e.g., free or reduced cost transit passes) and improve access to public transportation (e.g., new services in under-served urban and rural communities).

Priority Populations Community Needs Description: Expound on the selections above in Method and Specific Common Need to describe the process that your agency used to identify important community needs. Provide details of any public outreach efforts, engagement events, community input, and workshops. No more than 1,200 characters.

Expanding Microtransit service will improve transit connectivity for Union City's DAC and low-income communities.

These communities currently do not have fixed-route service to connect to regional transit such as BART, AC Transit, and the Dumbarton Express.

Public outreach to these communities has been challenging due to the inability to access all mailboxes, especially for rental properties with multiple residents.

Is the project located outside of a disadvantaged community, but within 1/2 mile of a disadvantage community and within a low-income census tract? No
Step 2 - Address a Need: Identify an important community or household need and evaluate how the project provides a benefit that meaningfully addresses the need.

Division of Local Assistance
Low Carbon Transit Operations Program Page 9 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 403 Tuesday, May 14, 2024
LCTOP FY 2023-2024 Allocation Request
SB 1119 Project Criteria: If this is a new or expanded service project, explain how it connects to a transit service that serves a Disadvantaged Community.

Agency can meet there DAC requirement by meeting any of the SB 1119 Project Criteria: See page 7 of the LCTOP Supplemental Guidance for more information.

Is the project a transit fare subsidies or network and fare integration technology improvements, including, but not limited to, discounted or free student transit passes Is the project a purchase of zero-emission transit buses and/or purchase and installation of supporting infrastructure?
Is the project a new or expanded transit service that connects with transit service serving a disadvantaged communities?
Please provide the amount of FY 23-24 LCTOP funds benefit Priority Populations (Total should not exceed total FY 23- 24 LCTOP project funding) :

Amount of funds to benefit a Disadvantage Community: $153,328 Amount of funds to benefit Low-Income Community: $153,328 Amount of fund to benefit Low-Income Households and Residents within 1/2 mile of a DAC: $153,328 Identify the Priority Population(s) that will
benefit from this project.

Project provides benefits to a LIC/HH
Priority Population Benefit: Select the
benefit your project provides to the
community or household.

C. Project improves connectivity between travel modes.

Priority Population Benefit: Based on the selections above, explain in greater detail how the project will provide benefits to the priority populations in your service area.

The expansion of the service area and the service window associated with these funds will allow Union City Transit to provide public transit access to communities where a larger fixed-route bus cannot access. This opens up access to areas that currently only fall under the ADA complementary paratransit requirement to all residents regardless of age or ability requirements. This enables priority residents that may have been relying on rides from family or Transportation Network Companies (TNC) to have a more affordable option to access regional transportation connection, jobs, medical services, and essentials shopping during normal business hours.

Priority Populations Benefits
Step 3 - Provide a Benefit: Does the project provide a direct, meaningful, and assured benefits to priority populations.

Division of Local Assistance
Low Carbon Transit Operations Program Page 10 of 10
Sheet Name: Allocation Request
Rev. 1-2024
City Council/RSA Agenda 404 Tuesday, May 14, 2024
FY 2023-2024 LCTOP
Authorized Agent
AS THE City Manager
(Chief Executive Officer/Director/President/Secretary)
OF THE City of Union City
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Local Assistance. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.

Marilou Ayupan, Public Works Director OR
(Name and Title of Authorized Agent)
Steve Adams, Transit Manager OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Joan Malloy City Manager
(Print Name) (Title)

(Signature)
Approved this 25
day
of April , 2024

City Council/RSA Agenda 405 Tuesday, May 14, 2024
FY 2023-2024 LCTOP
Certifications and Assurances
Lead Agency: City of Union City – Union City Transit
Project Title: Union City Flea (Flexible, Local, Easy, Access) Microtransit Expansion of Service Prepared by: Steve Adams
The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).

As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.

A. General

1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.

2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.

B. Project Administration

1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.

2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.

3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.

4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.

5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.

6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.

7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.

City Council/RSA Agenda 406 Tuesday, May 14, 2024
FY 2023-2024 LCTOP

8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).

9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination.

C. Reporting

1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 30th each year. b. A Close Out Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines. e. Jobs Reporting as defined by CARB Funding Guidelines.

2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.

D. Cost Principles

1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and
City Council/RSA Agenda 407 Tuesday, May 14, 2024
FY 2023-2024 LCTOP
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

A. Record Retention

1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project.

The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per CARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor.

Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with City Council/RSA Agenda 408 Tuesday, May 14, 2024
FY 2023-2024 LCTOP
04/25/2025
the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.

3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the Civil Rights Department, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.

I certify all these conditions will be met.

Steve Adams Transit Manager
(Print Authorized Agent) (Title)

(Signature) (Date)

City Council/RSA Agenda 409 Tuesday, May 14, 2024
Agenda Item
DATE: 5/14/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING $3,000,000 FROM THE SAFE ROUTES TO BART (SR2B) PROGRAM FOR THE BART PEDESTRIAN AT-GRADE CROSSING PROJECT, CITY PROJECT NO. 14-14, INCREASING THE

REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY
$3,000,000, APPROPRIATING THE $3,000,000 TO PROJECT NO. 14-14, AND

AUTHORIZING THE CITY MANAGER TO SIGN THE REQUIRED GRANT

FUNDING AGREEMENTS, IN A FORM APPROVED BY THE CITY

ATTORNEY
Staff recommends that the City Council adopt the attached resolution accepting $3,000,000 from the Safe Routes to BART (SR2B) Program for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, increasing the revenue projections in the Capital Projects Fund by $3,000,000, appropriating the $3,000,000 to Project No. 14-14, and authorizing the City Manager to sign the BART grant funding agreement, in a form approved by the City Attorney.

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

Strategy 2: 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 September 2002, Bay Area Rapid Transit (“BART”) prepared the Union City Comprehensive Station Plan in coordination with the Union City Intermodal Facility and Station District Plan that envisioned a remodeled two-sided BART Station with new eastside entrance, a new Decoto Road connection along with new transit facilities, improved pedestrian, bike, transit and vehicle circulation and reconfigured parking areas surrounded by approximately 100 acres of City Council/RSA Agenda 410 Tuesday, May 14, 2024
planned Transit Oriented Development (“TOD”) site.

On March 2004, Union City and BART entered into a Cooperative Agreement for the Implementation of the Union City Intermodal Station, Phase 1, C2826 where Union City managed the design phase, secured the local, state, and federal transportation funds and BART managed the construction phase for the improvements on the west side of the BART Station.

On March 2011 Union City and BART entered into an Cooperative Agreement for the Implementation of the Union City Intermodal Station, Phase 2, C3385 where Union City managed the design phase, secured the local, state, and federal transportation funds and BART led the construction phase for the improvements within the BART Station including extending and widening the platform areas, new escalators, stairways, and elevators and the reconfiguration of the station fare gates to create a free pedestrian passage way to connect to the future pedestrian at-grade crossing to create a new east entrance.

In late 2021, the eastside station improvements were completed as part of Union City Intermodal Station, Phase 2A project with the pedestrian at-grade railroad crossing the remaining project component to achieve a two-sided BART station.

DISCUSSION
In November 2016 voters passed Measure RR, which authorized BART to issue bonds for $3.5 billion to rebuild the aging BART system and the overall goal of the rebuilding program is to make the system safer, more reliable and to reduce traffic congestion. The Safe Routes to BART (“SR2B”) is a grant program sponsored by BART using voter approved Measure RR capital funds and this program is designed to help local agencies improve access for BART customers traveling to BART stations by walking and biking.

BART has identified that the most competitive projects for this SR2B grant program are those local projects that support to goals of the BART’s Station Access Policy, expand station access choices and make it safer and easier for all riders to use the system. The BART Pedestrian At-Grade Crossing, City Project No. 14 meets the design criteria identified in various BART documents including their Bike-Walk Gap Study, Multimodal Access Design Guidelines and Transit Oriented Development Guidelines
On October 11, 2023, BART announced a “Call for Projects” for the SB2B, Cycle 3 grant program for a total program amount of $25 million and the requested grant amounts can range from $500,000 to $3,000,000. The project criteria for the BART SR2B funds included project readiness for construction phase, mode shift to encourage new riders to walk or bike, leverage with other transportation funds, partnership with other agencies and the local community, equitable access to disadvantage communities, enhance customer experience with safer access and completes communities for TOD sites.

On December 14, 2023, the City of Union City submitted a grant funding application to the SR2B Program, Cycle 3 in the maximum amount of $3,000,000 for the construction phase of the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14 because the project met the funding program criteria. The project funding application included “Letters of Support” from City’s Bicycle and Pedestrian Advisory Committee (BPAC), Bike East Bay and San Joaquin Regional Rail Commission.

On March 1, 2024 BART notified Union City Public Works by letter of the preliminary award of $3,000,000 for the BART Pedestrian At-Grade Railroad Crossing (New East Entrance and Future Intercity Rail Connection).

The BART Pedestrian At-Grade Crossing project will complete all the Union City Intermodal Station improvements by constructing a new east entrance, making the station a two-sided station with a direct connection to the 100-acre TOD Station District area, 11
th Street and the future Intercity Rail/ACE Station.

City Council/RSA Agenda 411 Tuesday, May 14, 2024

FISCAL IMPACT
Union City will receive $3,000,000 from BART SR2B Program grant funds for the Construction Phase of BART Pedestrian At-Grade Crossing Project, City Project No. 14-14. City Council action is necessary to increase the revenue projections in Account Number 4100-91414-44502 (Capital Projects Fund – At-Grade Pedestrian Crossing to E. Plaza – Misc. County/Local Grants) by $3,000,000 and to appropriate the $3,000,000 to Project No. 14-14.

There will be no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution:

1. Accepting $3,000,000 from the BART SR2B Program for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, and

2. Increasing the revenue projections in account number 4100-91414-44502 (Capital Projects Fund – AtGrade Pedestrian Crossing to E. Plaza – Misc County/Local Grants) by $3,000,000, and

3. Appropriating the $3,000,000 to Project No. 14-14, account number 4100-3199-91414-54111 (Capital Projects Fund – PW – At-Grade Pedestrian Crossing to E. Plaza – Contractual Services), and

4. Authorizing the City Manager to sign the BART grant funding agreement, in a form approved by the City Attorney.

Prepared by:

Trieu Tran, Engineer III (Civil)
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - SR2BAgreement Attachment
Draft Resolution Resolution
Exhibit A - BART SR2BFact Sheet Exhibit
Exhibit B- Letters of Support Exhibit
Exhibit C- BARTAward Letter Exhibit
City Council/RSA Agenda 412 Tuesday, May 14, 2024

FUNDING AGREEMENT
between

THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
and

THE CITY OF UNION CITY
in connection with the

AT-GRADE PEDESTRIAN CROSSING AT BART
DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 413 Tuesday, May 14, 2024
2 This Grant Agreement (Agreement) is entered into as of the _____ day of _______, 2024, by the San Francisco Bay Area Rapid Transit District (BART) and the City of Union City (heretofore known as the Agency) in connection with the funding of the At-Grade Pedestrian Crossing at BART (heretofore known as the Project) in Union City, located across from Transit Loop Road (Duncan Way) and east of Berger Way, serving the Union City BART station (heretofore known as the Station).

RECITALS

1. The Station, located at 10 Union Square, Union City, CA 94587, is owned by BART.

2. The Station is accessed by home-based BART riders who walk or ride bicycles, representing 22% and 5% of average weekday ridership, respectively. (Source: 2015 BART Station Profile Survey)

3. Safe Routes to BART (SR2B) is a grant program targeting improved active access to BART stations. Grants to local jurisdictions using Measure RR funds will help those partner agencies deliver active access projects for the streets, sidewalks, trails and plazas that serve our riders on their way to and from BART but are not owned by BART.

4. The Project will create an at-grade pedestrian crossing of the Union Pacific Railroad tracks on the east side of the Station to connect to the newly constructed eastside BART entrance, completing access to the second entrance. It will link to the 100-acre Station District TOD site and provide a more direct travel route for residents who walk or bike to BART and help to avoid having to walk along the Decoto Road corridor, a major arterial carrying about 30,000 vehicles per day. The new pedestrian crossing will be accessed from the existing East Plaza and Transit Loop Road (Duncan Way) off of 11th Street.. The Project is currently at 90% design and is tentatively scheduled to begin construction late in FY 2025.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 414 Tuesday, May 14, 2024
3 5. The Agency has jurisdiction (ownership, standing agreement with property owner or project-specific permission with the property owner) over the aspects of transportation at hand in the Project, including right-of-way and maintenance, traffic signals and pedestrian and bicycle infrastructure.

6. The Agency is the lead on the Project, and has the necessary expertise, experience, and resources to implement the Project.

7. The Project is more fully described in Exhibit A: Initial Project Report, of this Agreement.

8. BART wishes to contribute $3,000,000 out of the total cost of the Project through a Measure RR-funded SR2B grant to the Agency. Implementation of the Project will make it easier for BART riders to walk and/or bike to and from The Station.

9. The purpose of this Agreement is to provide a procedure and set forth the conditions under which BART will pass through to the Agency the funds necessary to implement the Project, in an amount not to exceed $3,000,000.

AGREEMENT
NOW, THEREFORE, BART and the Agency agree as follows:

SECTION 1: AGENCY OBLIGATIONS
A. The Agency agrees to design and construct the Project as described in Exhibit A of this Agreement.

B. The Agency certifies that all complementary fund sources are committed to the Project.

C. The Agency will not proceed with the Project’s construction until there has been complete compliance with the requirements of CEQA (Public Resources Code Sections 21000 et seq.) and the Agency’s environmental quality regulations; specifically, the Agency retains the absolute discretion to (1) modify the Project to mitigate significant adverse environmental impacts; (2) select feasible alternatives which avoid significant adverse DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 415 Tuesday, May 14, 2024
4 impacts of the Project; (3) require the implementation of specific measures to mitigate the significant adverse environmental impacts of the Project; (4) reject/abandon the Project if its economic and social benefits are outweighed by unavoidable significant adverse environmental impacts; or (5) approve the Project upon a finding that its economic and social benefits outweigh otherwise unavoidable significant adverse impacts.

D. The Agency agrees to conduct all necessary environmental reviews for the Project in compliance with the requirements of CEQA (Public Resources Code Sections 21000 et seq.) and the Agency’s environmental quality regulations.

E. The Agency agrees that all work that the Agency performs, or causes to be performed, shall be done in accordance with all applicable laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including all applicable procurement rules and regulations, which relate to or in any manner affect the performance of this Agreement and all attachments to this Agreement. Further, for any portion of the Project considered a “public work,” the Agency agrees to comply with all applicable requirements of the California Business and Professions, Civil, Government, Labor, and Public Contract Codes, including prevailing wage provisions. The Agency further agrees that it will comply with all applicable federal and state subrecipient monitoring and reporting requirements.

F. Throughout the implementation of the Project, the Agency agrees to comply with all Grant and Project Implementation requirements and guidance as noted in Exhibit B of this Agreement: Safe Routes to BART (SR2B) Grant Program: Cycle 2 Guidelines.

G. This Project will be funded in part with Measure RR bond funds. the Agency agrees to use such funds exclusively for improvement of real property, as restricted by the bond rules.

Such funds must be used for The Project as described in Exhibit A of this Agreement.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 416 Tuesday, May 14, 2024
5 H. The Agency agrees to provide any additional funding that may be needed to complete the Project beyond the$3,000,000 provided by BART as stipulated by the Agency in its grant application submission. The Agency acknowledges that if any portion of the Project is not funded by such additional funding, BART is not obligated to provide any additional grant funds to the Agency and is not liable to the Agency in any way for such funding.

I. The Agency acknowledges that the design and construction of the Project must maintain or improve access for BART’s riders, including those with disabilities, both during and after construction of the Project.

J. The Agency must acknowledge Measure RR as a funding source in printed and electronic materials describing the Project, such as project identification construction signage, brochures, handbooks, newsletters, social media, and press releases. Project identification signage will conform to BART’s Project Signage Design Manual, Draft v3, presented as Exhibit C: BART Project Signage Design Manual, Draft v3, of this Agreement.

K. The Agency must complete construction of the Proposed Project and have it open to the public within three and a half years (1,278 days) of the fully executed agreement date.

L. BART reserves the right to review the Project at key design milestones and propose modifications to the design of the Project to ensure that it is consistent with the initial project scope set forth in Exhibit A of this Agreement and continues to meet the SR2B program goals.

M. Subject to the limitations in Paragraph B above, the Agency may enter into contract(s) with third parties for the completion of the Work as follows:
i. Said contract(s) shall be subject to all of the terms, conditions and limitations set forth in this Agreement.
ii. The Agency shall provide notice to BART of its intent to award these contract(s).

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 417 Tuesday, May 14, 2024
6 iii. BART reserves the right to seek concurrence on the Agency’s award of any contract funded by this grant program.
iv. BART’s execution of this Agreement and Agency’s award of any contract shall not relieve the Agency of liability to BART for any charges to the grant that are subsequently disallowed or determined by any audit to be unallowable. v. BART reserves the right to review and concur on any material contract change order or amendment during the life of the Project.
vi. BART shall not be subject to any obligations or liabilities by contractors or subcontractors of the Agency or any other person not a party to this Agreement in connection with this Work, notwithstanding BART’s concurrence in the award of any contracts.
vii. The Agency agrees that actions by the Agency’s partner organizations, contractors or subcontractors, or any other party or agency shall not relieve the Agency of its obligation to fully comply with this Agreement.

N. Recipients that have programs designed to encourage and facilitate the participation of small businesses in its contracts shall be required to implement those programs on all contracts funded by the SR2B program. To the extent that the Agency does not have a small business program, it will be required to encourage small business participation on all contracts funded by SR2B funds. The Agency will be responsible for including a report of all awards and payments to small businesses (whether as a Prime or Subcontractor) with each invoice to BART.

O. Prior to commencement of any Project work, the Agency agrees to comply with all insurance requirements provided for in Exhibit B of this Agreement, and to ensure that all of its contractors or third parties performing work are in compliance with such requirements.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 418 Tuesday, May 14, 2024
7 P. The Agency agrees to invoice BART quarterly for actual costs incurred in the implementation of the Project.
i. Prior to submission of invoices, the Agency must register as an approved BART vendor and have relevant staff participate in a BART-led project reporting and invoicing meeting.
ii. Invoices will describe the service performed, the period covered, and the amount charged, as shown in the sample invoice included in Exhibit D: Sample Invoice, of this Agreement.
iii. Invoices will include labor detail (if applicable) for direct construction costs and supporting documentation.
iv. The Agency’s invoices to BART pursuant to this Agreement shall segregate costs by activity pursuant to the Initial Project Report in Exhibit A of this Agreement. In addition, each invoice must have sufficient documentation to show SR2B Grant and other funding sources, as initially detailed in the Agency’s Initial Project Report. All invoices shall be sent electronically in PDF format to BART’s Accounts Payable Department at [email protected] and copy [email protected] and [email protected].
v. BART will pay the Agency invoices within 30 days of receipt of complete invoice. vi. The Agency shall submit final invoices for reimbursement within three months following Project construction completion and acceptance by the Agency.

Q. The Agency agrees to assign a Project Manager to oversee the Project, to see that Project accounts are maintained, and to provide BART with written quarterly progress reports on the Project once agreements are fully executed. The quarterly progress reports to be submitted by the last day of the month following the fiscal year quarter (e.g. quarterly DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 419 Tuesday, May 14, 2024
8 progress report for period July – September should be submitted at the end of October) shall consist of a brief description of the work completed within the quarter, contracting changes (e.g. change orders/amendments to the SR2B funded scope of work), a list of small business contractors, any outstanding impediments to completing the Project, and anticipated work to be completed in the next quarter, in the project report form included in Exhibit E: Quarterly Progress Report, of this Agreement. In addition to the narrative descriptions above, the Agency agrees to submit existing condition photos of the Project with Exhibit A of this Agreement, and construction milestones and project completion photos (as applicable) with the subsequent quarterly report form included in Exhibit E:

Quarterly Progress Report of this Agreement. These Project reports shall be sent to:

Kamala Parks, [email protected] and copy Rachel Factor, [email protected] R. The Agency agrees that BART funds are used only for actual, allowable, necessary and reasonable costs, and that all Work costs, including local match contributions, if any, shall comply with applicable federal, state or local government requirements as well as SR2B Guidelines provided in Exhibit B of this Agreement.

S. The Agency shall allow representatives of BART’s auditors access to all records, books, and documents related to costs or performance under this Agreement, beginning with the execution of this Agreement and extending to three years from the date of final closeout of all Work covered by this Agreement. The Agency’s contractors and subcontractors shall be required to maintain all records related to contract or subcontract costs and performance for three years following final payment under the contract or subcontract and shall allow BART’s representatives to have access to all books, records, and documents relative to all DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 420 Tuesday, May 14, 2024
9 costs and performance under the Agreement for audit and inspection purposes. These terms shall be included in all the Agency contracts issued for the Project. i. The Agency shall provide, upon request, copies of all source documents required to verify compliance with the requirements of this Agreement, including but not limited to, approved cost allocation plans, written progress reports, job cost ledgers, and time records.
ii. The Agency shall maintain all records related to the Work and its costs for three years from the date of final closeout of the Project.

T. Subject to the limitations in Paragraph B above, once the Project is completed, the Agency agrees to maintain the Project in the manner in which it maintains all facilities and infrastructure under its jurisdiction. The Agency will own the improvements constructed as part of the Project and assume all liability for them in accordance with law.

U. Neither BART, nor any director, officer, agent or employee of BART, is responsible for any damages or liability occurring by reason of anything done or omitted to be done by the Agency, its officers, agents and employees, under or in connection with this Agreement. It is also understood that the Agency or its contractors will fully indemnify, hold harmless and defend in any claim or litigation BART, its directors, officers, agents and employees from any damage or liability occurring by reason of anything done or omitted to be done by The Agency, its officers, agents and employees under or in connection with this Agreement, and to pay and satisfy any resulting judgments; except that said indemnity, hold harmless and defense obligations shall not be applicable to any damage or liability occurring due to the negligence or willful misconduct of BART, its directors, officers, agents and employees.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 421 Tuesday, May 14, 2024
10 V. BART, its directors, officers, agents, and employees shall be explicitly named as beneficiaries of any indemnity benefiting the Agency from any Agency consultant or contractor in connection with the Project.

W. The Agency shall ensure that its consultants and contractors shall include BART, its directors, officers, agents, and employees as additional insureds under all liability insurance policies required by the Agency in connection with the Project.

X. The Agency agrees that BART may terminate this Agreement for cause if the Agency is in default of any substantive provision of this Agreement and has failed to cure any such default as provided herein. BART shall serve a 30-day written notice of termination on the Agency setting forth the manner in which the Agency is in default and the manner in which the alleged default may be cured. If the Agency does not cure a default within 30 days of the receipt of the notice or commence to cure within the 30-day period and diligently prosecute the cure to completion to the satisfaction of BART, BART may, in its discretion, terminate this Agreement. If the Agreement is terminated, the Agency will reimburse BART all unspent funds transmitted to the Agency in accordance with this Agreement prior to termination.

Y. During the performance of this Agreement, the Agency, its contractors, its sub-recipients, and its subcontractors shall not deny this Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 422 Tuesday, May 14, 2024
11 Agency shall ensure that the evaluation and treatment of employees and applicants for employment under this Agreement are free of such discrimination. Furthermore, the Agency shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all the same requirements that each of them, in turn, include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this Agreement.

SECTION 2: BART AGREEMENTS
A. In accordance with Section 1.I above, BART may assign a Project Manager to review and provide comments on design plans. Should the BART Project Manager have comments, he or she will provide them within 21 calendar days of receipt of said documents from the Agency.

B. BART reserves the right of BART staff and its authorized representatives to conduct construction observation of the project site.

C. BART agrees to pay an amount not to exceed THREE MILLION DOLLARS ($3,000,000) for the work described in Exhibit A of this Agreement to be performed by the Agency.

D. BART reserves the right to recalculate or proportionately reduce any grant award amount due to the Agency for Project scopes that are modified and/or completed under budget or delays, liquidated damages, or non-compliance with provisions of this Agreement.

SECTION 3: MUTUAL AGREEMENTS
A. Neither party shall assign this Agreement, or any part thereof, without prior express written consent of the other, and any attempt thereof shall be void and unenforceable.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 423 Tuesday, May 14, 2024
12 B. All notices required hereunder may be given by personal delivery, U.S. mail, courier service (e.g. Federal Express) or via email ([email protected]). Written notices shall be effective upon receipt at the following addresses:

To BART:

Kamala Parks
Principal Planner
Station Planning, Safe Routes to BART program
2150 Webster Street, 8th Floor
Oakland, CA 94612
[email protected]
To the Agency:

Marilou Ayupan, PE
Public Works Director
City of Union City
Public Works Department
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]
C. Nothing in this Agreement is intended to establish the Parties as partners, co-ventures or principal and agent with one another. Neither party may contract or enter into any other agreement in the name of the other.

D. This Agreement shall be interpreted under and pursuant to the laws of the State of California applicable to contracts to be performed within the State, without reference to conflicts of law principles. This Agreement is made in Oakland, California and any action relating to this Agreement shall be instituted and prosecuted in the courts of the Superior Court of California, County of Alameda.

E. This Agreement shall be binding upon and inure to the benefit of approved transferees, successors and assigns of each of the Parties to it, except that there shall be no transfer of any interest by any of the Parties to this Agreement except pursuant to the terms of the Agreement.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 424 Tuesday, May 14, 2024
13 F. This Agreement represents the full, complete and entire agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other communications, representations, proposals, understandings or agreements, whether written or oral, between the Parties with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except in writing signed by an authorized officer or representative of each of the Parties.

DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 425 Tuesday, May 14, 2024
14 IN WITNESS WHEREOF, the Parties executed this Agreement on or as of the date first written above.

Approved as to form:

By: ______________________________
Name: KRISTOPHER K. KOKOTAYLO
Title: CITY ATTORNEY

CITY OF UNION CITY
By: ______________________________
Name: JOAN MALLOY
Title: CITY MANAGER
ATTESTED:

By: ______________________________
Name: THAI NAM PHAM
Title: CITY CLERK
Approved as to form:
______________________________
[ ] , BART Attorney
BART:

SAN FRANCISCO BAY AREA RAPID

TRANSIT DISTRICT
By: ______________________________
Name: ____________________________
Title: _____________________________
DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 426 Tuesday, May 14, 2024
15 EXHIBITS AND APPENDICES
Exhibit A: Initial Project Report
Exhibit B: Safe Routes to BART (SR2B) Grant Program: Cycle 2 Guidelines
Appendix A: Eligibility and Evaluation Criteria
Appendix B: Cost Estimate, Funding Plan, Budget Narrative, and Schedule
Exhibit C: BART Project Signage Design Manual, Draft v3 Exhibit D: Sample Invoice
Exhibit E: Quarterly Progress Report
DocuSign Envelope ID: BA6553E6-0BEE-43FA-9ACA-0AF12EC88E71 City Council/RSA Agenda 427 Tuesday, May 14, 2024
Project Name: At-Grade Pedestrian Crossing at BART IPR Date: 4/25/24 Project
Manager: Marilou Ayupan Target Station(s):

Union City BART Station
Project
Sponsor:

City of Union City Project #: 57RR101
Grant Amount: $3,000,000 Project
Amount: $11,540,000
This At-grade Pedestrian project completes the City’s Intermodal Station improvements by constructing the new east entrance and making the station a two-sided station with a direct connection to the 100-acre TOD Station District Area, 11th Street and the future Intercity Rail Station. This upcoming pedestrian connection, accessed through the east side of the BART station and across the UPRR tracks, will reduce the walking trip distance from a ½ mile to 150 feet, making it much more convenient and attractive to access the BART station from existing and planned residential and commercial developments to the east.

Budget
Budget status as of IPR date
Project sponsor may add additional project phases/activities as needed.

Project Phase Total Project Budget SR2B Funded
Budget
Planning/Conceptual Design (PC) N/A
Environmental Studies (ENV) N/A
Final Design - PS&E (PSE) $1,020,000 N/A
Right of Way (ROW) $600,000 N/A
Construction (CON) $9,250,000 $3,000,000
Construction Management (CM) $670,000 $0
Total $11,540,000 $3,000,000
Comments on budget status:

ENV, PSE, and ROW phases have been funded with local funds and the CON and CM phase work is ready to begin in June 2025 upon the availability of the SR2B funds.

Project funding sources
Executive Summary
Safe Routes to BART (SR2B): Initial Project Report (IPR) City Council/RSA Agenda 428 Tuesday, May 14, 2024
SR2B Initial Project Report Page 2 of 7
Project sponsor may add additional funding sources as needed.

SR2B Grant $3,000,000
Other funds- Local $5,540,000
Other funds – RM3 $3,000,000
Other funds (specify)
Other funds (specify)
Funding Total $11,540,000
Comments on funding sources
CON and CM phase work is ready to begin June 2024 upon availability of the SR2B funds.

Project Definition
Project description
Describe how the Project will result in an operable or usable segment. Include a summary of any prior completed phases and/or future phases or segments associated with the SR2B-funded segment.

The At-Grade Pedestrian Project creates a new east entrance and makes the Union City BART Station a two-sided station with connection to the 100-acre Station District TOD site. This new route made available through the east side of the BART station and across the UPRR tracks will provide a more direct travel route for residents who walk or bike to BART reducing the walking trip distance from a ½ mile to 150 feet, and avoiding Decoto Road, a major arterial carrying about 30,000 vehicles per day. The at-grade crossing will connect to the existing East Plaza and Transit Loop road (Duncan Way) located off of 11th Street. The intercity rail passengers that will result from the Union City Intermodal Station, Phase 3/Intercity Rail Project connecting the Central Valley to the Bay Area will also use the new at-grade crossing to connect to BART and other transit connections.

Prior completed improvements at the BART station included the Intermodal Station, Phase 1A project that reconstructed the BART surface parking lot with additional accessways for all modes and a new wide pedestrian/bicycle landscaped promenade spine from Union Square leading directly into the station entrance. Another critical improvement included construction of Station Way, a new signalized roadway, thereby creating new BART Station accessway from Decoto Road. This new accessway improved bike and pedestrian access to and from the station. The last and perhaps the most significant phase of the BART project reconfigured the inside of the station and installed additional stairways, escalator, fare gates and a created a new east side entrance which is ready to open when the At-grade Pedestrian Crossing is installed.

Project detail
Fill out the Project’s objective, scope, assumptions, and dependencies in the table below.

Business
Objectives
This pedestrian link has been envisioned for over 20 years and is identified in BART’s 2002 Comprehensive Station Plan. The project will allow the east City Council/RSA Agenda 429 Tuesday, May 14, 2024
SR2B Initial Project Report Page 3 of 7
entrance portal of the Union City BART station to be opened and allow pedestrians and bicyclists to traverse across the UP tracks and directly access the BART station from the east, thereby shortening the trip from ½ mile to 150 feet.

The project will allow new and existing BART users a safe and direct route to walk or bike through the new station entrance. The BART commuters will include those to and from the existing Station District TOD residents such as Station Center (100% Affordable Housing), Union Flats (Lease Housing), KB Townhomes, the Decoto District neighborhood, and those from future developments along 11th St., as well as from the approved Station East Housing development and future anticipated phases.

This project will allow for BART/transit riders to be dropped off on either the east or west side of the station and can minimize using Decoto Road, a major arterial carrying about 30,000 vehicles per day that is often congested. With the new station access option, the trips using autos to access the BART station may also be able to avoid the intersections of Decoto Road/Station Way and Decoto Road/Union Square and improve transit operations for Dumbarton Express, AC Transit, and Union City Transit that arrive to and depart from the station’s transit facility through these two intersections. The new at-grade rail crossing and BART east entrance is expected to attract future mixed-used housing developments that will generate new BART and other transit users, including Dumbarton Express, AC Transit and Union City Transit, with services in place today as well future Intercity Rail.

The project will be the final component to make this a two-sided station with connection to 100-acre Station District TOD site. The project completes the final segment of the “pedestrian spine” identified in the BART’s Comprehensive Station Plan and the recently approved Station District Specific Plan connecting the Marketplace shopping area, BART and Station District Area with a free pedestrian pass-through within the BART station and across the UP railroad. With more pedestrians and cyclists passing through the BART station, this will create a more active and visible space near and around the BART Station making the station feel safer, open, and comfortable.

Scope
Specific elements of the Project to be implemented
The project will construct steps and ramps at each end of a new pedestrian path over the UPRR Oakland subdivision tracks that will connect the new east entrance of the BART station to the East Plaza / Transit Loop road; Pedestrian sidewalk, safety gates and railroad signal pre-emption improvements at the existing Decoto Road railroad crossing; The full closure of existing I Street railroad crossing.

Assumptions
What assumptions are being made for the Project to be implemented? Upon approving the design package, by UPRR will update the Public AtGrade Pedestrian Crossing Agreement with construction conditions and Union Pacific cost (scheduled to be complete by June 2024). City will then be authorized to advertise the construction contract.

City Council/RSA Agenda 430 Tuesday, May 14, 2024
SR2B Initial Project Report Page 4 of 7
Dependencies
What needs to be in place for the Project to be implemented? Upon agreement with the City regarding the Final PS&E package, UPRR will update the Public At-Grade Pedestrian Crossing Agreement with construction conditions and Union Pacific cost (scheduled to be complete by June 2024).

City will then be authorized to advertise the construction contract.

Project photo documentation
Attach high-quality existing conditions photographs (.jpg, .gif, .png), along with a brief description of each photo, to this report.

Current Conditions of the East side of the Union City BART Station City Council/RSA Agenda 431 Tuesday, May 14, 2024
SR2B Initial Project Report Page 5 of 7
Existing conditions of east side of the Union City BART Station – Street level (BART behind vegetation) Location of I Street crossing required to be improved concurrently to allow for the new pedestrian at-grade crossing
Risk Status
Include potential issues that may adversely affect the Project or the ability of the sponsor or implementing agency to carry out the Project, along with measures being taken to mitigate these issues.

Risks Mitigations
City Council/RSA Agenda 432 Tuesday, May 14, 2024
SR2B Initial Project Report Page 6 of 7
The construction of the at-grade crossing project
includes work by City’s contractor and UP
contractor/forces and will require regular meetings
and close coordination to keep the project on
schedule. Because safety is critical for this at-grade
railroad project, testing may delay the completion of
the project. (Oakland Sub has one weekly operating
freight train).

Union City will hire a CM firm with UP
experience to provide coordination and
manage the construction and schedule of this
project.

Execution of the Public At-Grade Crossing
Agreement and related construction documents are
required to be completed before the city can advertise
the construction contract.

In early 2023, Union City added an attorney
to the project team with experience in UP
and CPUC negotiation and approvals who
has assisted us and has been very effective
advancing the negotiations. we now have an
anticipated completion date of June 2024 for
the required agreement.

Scheduled Milestones / Deliverables
The Project sponsor may add additional milestones / deliverables as needed.

Milestone Completion Date Status
Environmental Studies Completed
Final Design - PS&E July 31, 2024 On Schedule
UP Supplemental Agreement December 31, 2024 On Schedule Advertise Construction January 31, 2025
Award Construction Contract March 31, 2025
Construction Start June 16, 2025
Construction Complete Sept 30, 2026
Open for Operation December 15, 2026
Comments on scheduled milestones and/or deliverables
City staff are meeting regularly with UP to help expedite the approval of the plans and find ways to expedite going to bid. We are discussing if dividing the various components of the project into phases, if allowed by UP and CPUC, would allow us to go to bid for certain components while the plans for Decoto Road work are being finalized.

The plans for the At-Grade Pedestrian Crossing at BART and the plans for the I St, Closure components have no outstanding issues. The Decoto Road component, which involves new queue-cutter signals and pre-emption work is the only location that is still being discussed and that we are discussing with UP and CPUC to see if it could be decoupled from the main projects.

City Council/RSA Agenda 433 Tuesday, May 14, 2024
SR2B Initial Project Report Page 7 of 7
The above noted milestones are realistic and may even be somewhat conservative, depending on UP’s and CPUC stance on delinking the various components. UP’s ability to prepare the Supplemental Agreement in a timely manner is also a critical element which we are trying to expedite, to the extent feasible.

City Council/RSA Agenda 434 Tuesday, May 14, 2024
5/9/2024
Project Phase Estimated Costs
1 Planning/Conceptual Design (PC)
2 Environmental Studies (ENV)
2 Final Design - PS&E (PSE) (includes ENV phase work) $1,020,000 3 Right of Way (ROW) $600,000
4 Construction (CON)
BART Pedestrian At-Grade Railroad Crossing (includes base BART Pedestrian AtGrade RR Crossing ($3.1M), and UPRR mitigations required to be in place prior to opening the new crossing (includes Decoto Road At-Grade Ped Improvements ($1.1 M), "I" Street Roadway Closure ($.25 M), UP Track, Signal and Testing Work ($1.8 M), Whipple and Smith Street Improvements ($3 M).
$9,250,000
5 Construction Management (CON MGMT) $670,000
6 Other Phase (specify)
7 Other Phase (specify)
8 Other Phase (specify)
9 Other Phase (specify)
10 Other Phase (specify)
11 Other Phase (specify)
Total Estimated Costs: $11,540,000
Next: Complete worksheet B, "Project Funding"
Appendix B: Cost Estimate, Funding Plan, Budget Narrative and Schedule a. Cost Estimate (use additional rows, as needed)
List the estimated cost of each phase/line item for the Proposed Project scope requesting SR2B funds. Add additional phases/activities in the lines provided, as needed. If a detailed project budget has been prepared, please include it as an additional attachment to this application.

The total estimated cost will be automatically calculated. SR2B Funds must be used for construction and construction management costs only.

Safe Routes to BART 2023-24 _SR2B C3_AppB_Est fund sch_20240425_BART2 Final 1.2 1 of 4 a. Cost Estimate City Council/RSA Agenda 435 Tuesday, May 14, 2024 5/9/2024
Source Phase(s) 1FY2 24 FY 25 FY26 FY27 Totals
1 Local Env/PSE 1,020,000 1,020,000
2 Local RW 600,000 600,000
3 Local CON 3,250,000 3,250,000
4 Local - RM3 CON 3,000,000 3,000,000
5 Local CON MGMT 670,000 670,000
$8,540,000
Source Phase(s) 1FY2 24 FY 25 FY26 FY27 Totals
1 Safe Routes to BART 2023-24 Funding Request CON 3,000,000 3,000,000 2 Other funds (specify) 0
3 Other funds (specify) 0
4 Other funds (specify) 0
5 Other funds (specify) 0
$3,000,000
$11,540,000
$11,540,000
$0
74%
Next: Complete worksheet C," Budget Narrative"
Appendix B: Cost Estimate, Funding Plan, Budget Narrative and Schedule b. Project Funding
Complete the following project funding tables (existing and proposed) for the proposed project scope below. Totals will be calculated automatically. The "Existing Funding" section should only include secured funding sources, i.e. programmed discretionary funds, funds that are committed to the project through a board action, resolution or signed agreement. The "Proposed Funding" section should include the SR2B request along with any other proposed funding that is not secured (add sources as needed). Fiscal Years can be changed if needed, but applicant will need to confirm formulas are still correct.

Project Sponsors must provide a minimum of 30% match funding from a non- BART source. Staff time is not eligible as match funding. SR2B Funds must be used for construction costs and construction management costs only.

Existing Funding (Currently Programmed) - all sources
Total Project Funding (Existing + Proposed):

Total Estimated SR2B Project Costs (from Cost Estimate worksheet) :

Project Surplus/ (Shortfall):
(Total Project Funding less Total Estimated Project Costs) Note: If there is a surplus or shortfall, please provide an explanation in Worksheet C.

Percent non-BART Match for SR2B Project Segment
Total Existing Funding:

Proposed Funding (Uncommitted) - all sources
Total Proposed Funding:

Notes:

1. Phase: Choose PC, ENV, PSE, RW, CON or CON MGMT. BART SR2B funding should be directed towards the CON or CON MGMT phases only.

2. FY: The Fiscal Year is defined as July 1 through June 30.

Safe Routes to BART 2023-24 _SR2B C3_AppB_Est fund sch_20240425_BART2 Final 1.2 2of 4 b. Project Funding City Council/RSA Agenda 436 Tuesday, May 14, 2024 5/9/2024
c. Budget Narrative
Next: Complete worksheet D, "Timeline"
Provide any necessary and helpful budget explanations below. Limit 250 words. Provide the status and timing for the approval of each unsecured fund source identified in Worksheet B. If there is a funding gap, please describe the funding plan, including probable or alternative funding sources.

Note: Use Alt-Enter for hard returns.

Funds for ENV, PSE and ROW were programmed in years prior to FY 24.

The UP Public At-Grade Crossing Agreement requires railroad safety improvements on the Oakland Sub, and the Coast Sub railroad tracks. UP has agreed to allow the City to advance the construction of the BART Pedestrian AtGrade Crossing along with the other improvements on the Oakland Sub such as the Decoto Road At-Grade Ped improvements and the full street closure of I Street roadway in the Decoto Neighborhood estimated at $6.9 million. City is required to bid the entire project (3 locations):

1. BART At-Grade Pedestrian Crossing Project

2. I Street roadway closure

3. Decoto Road At-Grade Ped Improvements
City anticipates that the project bid advertisement period will occur in early 2025, with the construction period following shortly after. Duration of construction is estimated to be completed in September 2026.

The other required railroad safety improvements at Whipple/Niles Sub and the Smith Street/Coast Sub will be a separate contracted project estimated at $3.0 million. City will commit funding and continue to complete current design plans for these two locations.

Appendix B: Cost Estimate, Funding Plan, Budget Narrative and Schedule Safe Routes to BART 2023-24 _SR2B C3_AppB_Est fund sch_20240425_BART2 Final 1.2 2of 4 c. Budget Narrative City Council/RSA Agenda 437 Tuesday, May 14, 2024 5/9/2024
Project Title: BART At-Grade Pedestrian Crossing
Milestones Total Cost Grant Amt Local Match Start Date End Date J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A Planning/Conceptual Design (PC) $0 9/15/2014 12/1/2015
Environmental Studies (ENV) $0 3/28/2002 7/1/2005
Final Design - PS&E (PSE) $1,020,000 $ 1,020,000 6/27/2017 5/31/2024 Right of Way (ROW) $600,000 $ 600,000 8/1/2019 5/31/2024 UP Supplemental Agreement $0 8/1/2019 12/31/2024
Contract Bid and Award Period $0 6/1/2024 9/1/2024
Construction (CON) $9,250,000 $ 3,000,000 $ 6,250,000 9/30/2024 12/31/2025 Construction Management (CON MGMT) $670,000 $ 670,000 9/30/2024 12/31/2025 9/30/2024
12/31/2025
Totals $ 11,540,000 $ 3,000,000 $ 8,540,000
FY 26 FY 27
Construction Start
Construction Complete
Appendix B: Cost Estimate, Funding Plan, Budget Narrative and Schedule d. Schedule
Note: Fiscal Year (FY) is July 1- June 30
FY 24 FY 25
Applicant: City of Union City
Safe Routes to BART 2023-24 _SR2B C3_AppB_Est fund sch_20240425_BART2 Final 1.2 2of 4 d. Timeline City Council/RSA Agenda 438 Tuesday, May 14, 2024 5/9/2024
M J
Y 27
Safe Routes to BART 2023-24 _SR2B C3_AppB_Est fund sch_20240425_BART2 Final 1.2 2of 4 d. Timeline City Council/RSA Agenda 439 Tuesday, May 14, 2024

Page 1 of 3 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $3,000,000 FROM THE SAFE ROUTES TO BART (SR2B)

PROGRAM FOR THE BART PEDESTRIAN AT-GRADE CROSSING
PROJECT, CITY PROJECT NO. 14-14, INCREASING THE REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $3,000,000, APPROPRIATING THE $3,000,000 TO PROJECT NO. 14-14, AND

AUTHORIZING THE CITY MANAGER TO SIGN THE BART GRANT

FUNDING AGREEMENT, IN A FORM APPROVED BY THE CITY

ATTORNEY
WHEREAS, on September 2002, Bay Area Rapid Transit (“BART”) prepared the Union City Comprehensive Station Plan in coordination with the Union City Intermodal Facility and Station District Plan that envisioned a remodeled two-sided BART Station with new eastside entrance, a new Decoto Road connection along with new transit facilities, improved pedestrian, bike, transit and vehicle circulation and reconfigured parking areas surrounded by approximately 100 acres of planned Transit Oriented Development (“TOD”) site; and WHEREAS, on March 2004, Union City and BART entered into a Cooperative Agreement for the Implementation of the Union City Intermodal Station, Phase 1, C2826, where Union City managed the design phase, secured the local, state, and federal transportation funds, and BART managed the construction phase for the improvements on the west side of the BART Station; and
WHEREAS, on March 2011, Union City and BART entered into a Cooperative Agreement for the Implementation of the Union City Intermodal Station, Phase 2, C3385, where Union City managed the design phase, secured the local, state, and federal transportation funds, and BART led the construction phase for the improvements within the BART Station including extending and widening the platform areas, new escalators, stairways, and elevators and the reconfiguration of the station fare gates to create a free pedestrian passage way to connect to the future pedestrian at-grade crossing to create a new east entrance; and WHEREAS, the construction of the Union City BART Intermodal Station, Phase 2A improvements was completed in late 2021 with the pedestrian at-grade crossing the only remaining project component to achieve a two-sided BART station; and WHEREAS, in November 2016, voters passed Measure RR, which authorized BART to issue bonds for $3.5 billion to rebuild the aging BART system, and the overall goal of the rebuilding program is to make the system safer, more reliable, and to reduce traffic congestion; and
WHEREAS, the Safe Routes to BART (“SR2B”) is a grant program sponsored by BART using voter-approved Measure RR capital funds, and this program is designed to help local agencies improve access for BART customers traveling to BART stations by walking and biking; and
WHEREAS, the most competitive projects for this SR2B grant program are those local projects that support the goals of the BART’s Station Access Policy, expand station access choices and make it safer and easier for all riders to use the system; and City Council/RSA Agenda 440 Tuesday, May 14, 2024
Resolution No. XXXX-24
Accept $3M SR2B Funds

Page 2 of 3 ends

WHEREAS, the BART Pedestrian At-Grade Crossing, City Project No. 14 meets the design criteria identified in various BART documents, including their Bike-Walk Gap Study, Multimodal Access Design Guidelines and Transit Oriented Development Guidelines; and WHEREAS, on October 11, 2023, BART announced a “Call for Projects” for the SB2B, Cycle 3 grant program for a total program amount of $25 million and the grant amounts ranging from $500,000 to $3,000,000; and
WHEREAS, the project criteria for BART SR2B funds included project readiness for the construction phase, mode shift to encourage new riders to walk or bike, leverage with other transportation funds, partnership with other agencies and the local community, equitable access to disadvantaged communities, enhance customer experience with safer access and completes communities for TOD sites (see Exhibit A); and
WHEREAS, on December 14, 2023, the City of Union City (“Fund Recipient”) submitted a grant funding application to the SR2B Program, Cycle 3, in the maximum amount of $3,000,000 for the construction phase of the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14 because the project met the funding program criteria; and WHEREAS, the project funding application package included Letters of Support from the City’s Bicycle and Pedestrian Advisory Committee (BPAC), Bike East Bay and San Joaquin Regional Rail Commission (See Exhibit B); and
WHEREAS, BART notified Union City Public Works in a letter dated March 1, 2024, of the preliminary award of $3,000,000 of BART SR2B funds for the BART Pedestrian At-Grade Railroad Crossing (New Eastside Entrance and Future Intercity Rail Connection) from sixteen project funding applications (See Exhibit C); and WHEREAS, the BART Pedestrian At-Grade Crossing project completes the City’s Intermodal BART Station improvements by constructing the new east entrance and making the station a two-sided station with a direct connection to the 100-acre TOD Station District Area, 11th Street, and the future Intercity Rail/ACE Station; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts $3,000,000 from the BART SR2B Program for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to sign the BART Grant Funding Agreement in a form approved by the City Attorney; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby increases revenue projections in Account Number 4100-91414-44502 (Capital Projects Fund – AtGrade Pedestrian Crossing to E. Plaza - Misc. County/Local Grants) by $3,000,000 and appropriates $3,000,000 to Account Number 4100-3199-91414-54111 (Capital Projects Fund – PW – At-Grade Pedestrian Crossing to E. Plaza – Contractual Services).

City Council/RSA Agenda 441 Tuesday, May 14, 2024
Resolution No. XXXX-24
Accept $3M SR2B Funds

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 442 Tuesday, May 14, 2024
San Francisco Bay Area Rapid Transit District
Measure RR
Safe Routes to
BART Grant
Program
Cycle 3
Tentative Schedule for Cycle 3*
 Call for projects: October 11, 2023
 Pre-application workshop and webinar:

October 23, 2023
 Application deadline: December 14,
2023
 Notice of award: Winter 2023/24
 Funding Agreements: Winter/Spring
2024
* Schedule subject to change
Funding
 Total program: Up to $25M
 Third and final cycle: ~ $16M total
 Grant amounts: $500K to $3M
Commitment from Project Sponsors
 Minimum match: 30%
 Minimum of 35% design complete
 Demonstrated support of governing
body and/or executive staff
 Authority over right-of-way to implement
project elements
 Funding and delivery plans required
Safe Routes to BART Grant Program
Goals: Help partner agencies implement active transportation capital projects off BART property to support BART’s Access Policy, expand station access choices and make it safer and easier for all riders to use the system.

Objectives:
• Mode Shift: Encourage riders to walk or bike to BART rather than driving and parking.
• Leverage: Leverage other funding sources to deliver improvements. • Project Readiness: Deliver near-term, enduring active access improvements to real property that demonstrate a clear nexus to a BART station.
• Partnership: Collaborate with local partners to create more sustainable communities.
• Equitable: Provide equitable access for disadvantaged communities. • Customer Experience: Enhance personal safety and security to enrich rider comfort and sense of place.
• Complete communities: Promote transit-oriented development.

Additional Eligibility Information:
• Project Sponsors must be public agencies within Alameda, Contra Costa, or San Francisco counties.
• Funds must be used for construction only.
• Project Sponsor may submit the following for each funding cycle. o One application per BART station per jurisdiction; OR o One application for systemic improvements at multiple BART stations (i.e., lighting, high visibility crosswalks, etc.) Note: This is the final Safe Routes to BART grant cycle.

© BART October 2, 2023
City Council/RSA Agenda 443 Tuesday, May 14, 2024
December 12, 2023
Mr. Tim Chan
BART Station Area Planning Group Manager
Safe Routes to BART Cycle 3 Funds
RE: Letter of Support for BART Pedestrian At-Grade Crossing Project at the Union City BART Station Dear Tim,
As a Bicycle Pedestrian Advisory Committee (BPAC) member for the past few years for the City of Union City, I am excited to write this Letter of Support (LOS) for the City’s request of $3.0 million from the Safe Routes to BART Cycle 3 funds for the construction of the BART Pedestrian At-Grade Crossing Project. This project will finally make the Union City BART Station, a two-sided station with direct access to the planned Station District Area TOD site. The project was recently presented to the Union City's BPAC and other bicycle advocates at the October 18, 2023, BPAC meeting. We were pleased to learn that this challenging project, which requires Union Pacific Railroad (UP), and California Public Utility Commission (CPUC) approval is moving forward.

The Union City BART Station (Intermodal Station, Phases 1-2 improvements in partnership with BART, AC Transit and Union City Transit has been completed, which included the reconfigured fare gates to allow a free pass-through with a direct connection to this new, safe pedestrian at-grade railroad crossing across the UP Oakland Subdivision tracks connecting to the existing Transit Loop, East Plaza and 11th Street Station. The At-Grade Railroad Crossing Project improvements include fencing, railing, flashing warming devices, signs, railroad gates, ADA ramping, stairways, and lighting. UP has already installed the concrete panels across the railroad tracks for a smooth flat surface required for the new pedestrian crossing.

Other required railroad safety improvements on the Oakland Subdivision tack required by CPUC and UP for this new public at-grade crossing include:

Pedestrian sidewalk improvements, railroad pre-emption timing upgrades, new concrete panels, new warning gates, signs, and railroad traffic signal devices at the Decoto Road At-Grade Railroad Crossing. • Complete closure of the "I" Street At-Grade Railroad Crossing in the Decoto Neighborhood, which includes demolition of existing pavement, sidewalk and removal of railroad safety gates and signals.
• The estimated construction cost is approximately $7.2 million.

As a BPAC member, I, along with my fellow BPAC members, played an instrumental role in the development of the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified BART Pedestrian At-Grade Crossing Project as a high priority project because it provides a new safe option to Union City BART Station for residents in the Station District Area, Decato Neighborhood, and other residents and businesses on the east side.

Thank you for the opportunity to express my support for the BART Pedestrian At-Grade Crossing Project and finally making the Union City BART Station, a two-sided station connecting to a planned TOD site.

Sincerely,
City Council/RSA Agenda 444 Tuesday, May 14, 2024
December 12, 2023
Mr. Tim Chan
BART Station Area Planning Group Manager
Safe Routes to BART Cycle 3 Funds
RE: Letter of Support for BART Pedestrian At-Grade Crossing Project at the Union City BART Station
Dear Tim,
As a new Bicycle Pedestrian Advisory Committee (BPAC) member of the City of Union City, I am excited to write this Letter of Support (LOS) for the City’s request of $3.0 million from the Safe Routes to BART Cycle 3 funds for the construction of the BART Pedestrian At-Grade Crossing Project.

This project will finally make the Union City BART Station, a two-sided station with direct access to the planned Station District Area TOD site. The project was recently presented to the Union City’s BPAC and other bicycle advocates at the October 18, 2023 BPAC meeting. We were pleased to learn that this challenging project, which requires Union Pacific Railroad (UP), and California Public Utility Commission (CPUC) approval is moving forward.

The Union City BART Station (Intermodal Station, Phases 1-2) improvements in partnership with BART, AC Transit and Union City Transit has been completed, which included the reconfigured fare gates to allow a free-pass through with a direct connection to this new, safe pedestrian at-grade railroad crossing across the UP Oakland Subdivision tracks connecting to the existing Transit Loop, East Plaza and 11th Station. The At-Grade Railroad Crossing Project improvements include fencing, railing, flashing warning devices signs, railroad gates, ADA ramping, stairways, and lighting. UP has already installed the concrete panels across the railroad tracks for a smooth flat surface required for the new pedestrian crossing.

Other required railroad safety improvements on the Oakland Subdivision tack required by CPUC and UP for this new public at-grade crossing include:
• Pedestrian sidewalk improvements, railroad pre-emption timing upgrades, new concrete panels, new warning gates, signs, and railroad traffic signal devices at the Decoto Road At-Grade Railroad Crossing.
• Complete closure of the “I” Street At-Grade Railroad Crossing in the Decoto Neighborhood, which includes demolition of existing pavement, sidewalk and removal of railroad safety gates and signals.

The estimated construction cost is approximately $7.2 million.

My fellow BPAC members, played an instrumental role in the development of the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified BART Pedestrian At-Grade Crossing Project as a high priority project because it provides a new safe option to Union City BART Station for residents in the Station District Area, Decoto Neighborhood, and other residents and businesses on the east side.

DocuSign Envelope ID: ED3E08FC-ECBC-4E87-87F5-91B63D823E34 City Council/RSA Agenda 445 Tuesday, May 14, 2024
Thank you for the opportunity to express my support for the BART Pedestrian At-Grade Crossing Project and finally making the Union City BART Station, a two-sided station connecting to a planned TOD site.

Sincerely,
Vanessa McDonnell
DocuSign Envelope ID: ED3E08FC-ECBC-4E87-87F5-91B63D823E34 City Council/RSA Agenda 446 Tuesday, May 14, 2024
December 13, 2023
Mr. Tim Chan
BART Station Area Planning Group Manager
Safe Routes to BART Cycle 3 Funds
RE: Letter of Support for BART Pedestrian At-Grade Crossing Project at the Union City BART Station
Dear Tim,
As a Bicycle and Pedestrian Advisory Committee (BPAC) member for the City of Union City since 2011, I am pleased to submit this Letter of Support (LOS) for the City’s request of $3.0 million from the Safe Routes to BART Cycle 3 funds for the construction of the BART Pedestrian At-Grade Crossing Project. This project will finally make the Union City BART Station, a two-sided station with direct access to the planned Station District Area TOD site. This project was recently presented to Union City’s BPAC and other bicycle advocates at an October 18, 2023, BPAC meeting. We were pleased to learn that this challenging project, which requires Union Pacific Railroad (UP) and California Public Utility Commission (CPUC) approval, is moving forward.

The Union City BART Station (Intermodal Station, Phases 1-2) improvements in partnership with BART, AC Transit and Union City Transit have been completed. These improvements include a reconfiguration of the fare gates to allow a free pass through and a direct connection to a new and safe pedestrian at-grade railroad crossing at the UP Oakland Subdivision tracks to the existing Transit Loop, East Plaza and 11th Station. The AtGrade Railroad Crossing Project improvements include fencing, railing, flashing warning devices signs, railroad gates, ADA ramping, stairways, and lighting. UP has already installed the concrete panels across the railroad tracks for a smooth flat surface required for the new pedestrian crossing.

Other required railroad safety improvements on the Oakland Subdivision tack required by CPUC and UP for this new public at-grade crossing include:
• Pedestrian sidewalk improvements, railroad pre-emption timing upgrades, new concrete panels, new warning gates, signs, and railroad traffic signal devices at the Decoto Road At-Grade Railroad Crossing. • Complete closure of the “I” Street At-Grade Railroad Crossing in the Decoto Neighborhood, which includes demolition of existing pavement, sidewalk and removal of railroad safety gates and signals.

The estimated construction cost is approximately $7.2 million.

As a BPAC member, I, along with my fellow BPAC members, played an instrumental role in the development of the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified the BART Pedestrian AtGrade Crossing Project as a high priority project because it provides a new and safe option for residents in the Station District Area and Decoto Neighborhood and other residents and businesses on the east side to access the Union City BART Station.

Thank you for the opportunity to express my support for the BART Pedestrian At-Grade Crossing Project, which will finally make the Union City BART Station a two-sided station with connections to a planned TOD site.

Sincerely,

JO ANN LEW
BPAC Member
City of Union City
DocuSign Envelope ID: 59D5B643-889E-4977-9FE3-D6CD1D38EDB1 City Council/RSA Agenda 447 Tuesday, May 14, 2024

BikeEastBay.org
PO Box 1736, Oakland, CA 94604
510 845 RIDE (7433) • [email protected]
December 14, 2023
Mr. Tim Chan
BART Station Area Planning Group Manager
Safe Routes to BART Cycle 3 Funds
RE: Letter of Support for BART Pedestrian At-Grade Crossing Project at the Union City BART Station On behalf of Bike East Bay, I am writing to convey our support for the for the City’s request of $3.0 million from the Safe Routes to BART Cycle 3 funds for the construction of the BART Pedestrian AtGrade Crossing Project.

Bike East Bay is a 501c3 non-profit bicycle advocacy organization that has been promoting healthy, sustainable communities throughout Contra Costa and Alameda Counties since 1972. Clean, multimodal bicycle plus transit trips are a significant part of this work, making it easier for residents of all income levels and abilities to leave the car keys at home and rely on safe, zero emission transportation options for more of their everyday trips.

This much-needed project will increase bike/walk connectivity to the station as well as for existing and planned TOD housing, and will also serve as a model for potential, future retrofits to other BART stations with similar barriers including at Coliseum, Bay Fair, Downtown Hayward, and others.

Reconfigured fare gates and a station pass-though have already been completed via the Union City Intermodal Station Phases 1-2 project, and Union Pacific track crossing upgrades have been implemented, setting the stage for construction of this proposed, safe pedestrian at-grade railroad crossing across the UP Oakland Subdivision tracks connecting to the existing Transit Loop, East Plaza, and 11th Station.

Thank you for the opportunity to express my support for this Union City BART Pedestrian At-Grade Crossing Project.

Sincerely,
Robert Prinz
Advocacy Director
Bike East Bay
City Council/RSA Agenda 448 Tuesday, May 14, 2024
Chair, Leo Zuber, City of Ripon
Vice Chair, Nancy Young, City of Tracy
Commissioner, Lisa Craig, City of Lodi
Commissioner, Jose Nuño, City of Manteca
Executive Director, Stacey Mortensen
Commissioner, Miguel Villapudua, San Joaquin County
Commissioner, Kimberly Warmsley, City of Stockton
Commissioner, Melissa Hernandez, City of Dublin
Commissioner, Lily Mei, City of Fremont
949 East Channel Street, Stockton, CA 95202 | www.sjrrc.com December 13, 2023
Mr. Tim Chan
BART Station Area Planning Group Manager
Safe Routes to BART Cycle 3 Funds
RE: Letter of Support for BART Pedestrian At-Grade Crossing Project at the Union City BART Station
Dear Tim,
San Joaquin Regional Rail Commission (SJRRC) is pleased to submit this Letter of Support (LOS) for the City’s request for $3.0 million from the Safe Routes to BART Cycle 3 funds for the construction of the BART Pedestrian At-Grade Crossing Project. This project will finally make the Union City BART Station, a two-sided station with direct access to the planned Station District Area TOD site. SJRRC is the owner/operator of the ACE passenger rail service and is working in partnership with Union City to expand ACE service to the Union City BART Station. The At-Grade Crossing Project is a critical component of this proposed ACE connection to the Union City BART Station.

The Union City BART Station (Intermodal Station, Phases 1-2) improvements in partnership with BART, AC Transit and Union City Transit has been completed, which included the reconfigured fare gates to allow a free-pass through with a direct connection to this new, safe pedestrian at-grade railroad crossing across the UP Oakland Subdivision tracks connecting to the existing Transit Loop, East Plaza and 11th Station. The AtGrade Railroad Crossing Project improvements include fencing, railing, flashing warming devices signs, railroad gates, ADA ramping, stairways, and lighting. UP has already installed the concrete panels across the railroad tracks for a smooth flat surface required for the new pedestrian crossing.

Other required railroad safety improvements on the Oakland Subdivision tack required by CPUC and UP for this new public at-grade crossing include:
• Pedestrian sidewalk improvements, railroad pre-emption timing upgrades, new concrete panels, new warning gates, signs, and railroad traffic signal devices at the Decoto Road At-Grade Railroad Crossing. • Complete closure of the “I” Street At-Grade Railroad Crossing in the Decoto Neighborhood, which includes demolition of existing pavement, sidewalk and removal of railroad safety gates and signals.

The estimated construction cost is approximately $7.2 million.

The approved 2021 Bicycle Pedestrian Master Plan identified the BART Pedestrian At-Grade Crossing Project as a high priority project because it provides a new safe option to Union City BART Station for residents in the Station District Area, Decoto Neighborhood, and other residents and businesses on the east side.

City Council/RSA Agenda 449 Tuesday, May 14, 2024
2 Thank you for the opportunity to express SJRRC’s strong support for the BART Pedestrian At-Grade Crossing Project and finally making the Union City BART Station, a two-sided station connecting to a planned TOD site.

Sincerely,
Dan Leavitt
Manager of Regional Initiatives
San Joaquin Regional Rail Commission
City Council/RSA Agenda 450 Tuesday, May 14, 2024
March 1, 2024
Marilou R. Ayupan, P.E.

Public Works Director
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Email: [email protected]
Sent electronically
RE: Measure RR Safe Routes to BART Application (Cycle 3) Dear Marilou,
We would like to thank you for taking time and effort to apply for the Safe Routes to BART (SR2B) Cycle 3 grant program. BART is using a portion of its Measure RR Access funds to encourage active transportation access to its stations by awarding our partner jurisdictions funding to improve walking and biking access.

We received 16 applications, which were reviewed by a selection committee that consisted of BART staff as well as external reviewers from Caltrans and Metropolitan Transportation Commission.

The 16 applications had a total funding request of $39 million.

We are pleased to say that the BART Pedestrian At-Grade Railroad Crossing (New Eastside BART Station Entrance and Future Intercity Rail Connection) has been preliminarily awarded $3,000,000 in SR2B funding. BART staff will follow up with you about needed documentation and next steps. In the meantime, you may contact Rachel Factor, Safe Routes to BART Project Manager, at [email protected].

Sincerely,
Tim Chan
Station Area Planning Group Manager
Cc: Val Menotti, Chief Planning and Development Officer Rachel Factor, BART, Principal Planner
Kamala Parks, BART, Principal Planner

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
2150 Webster Street, P.O. Box 12688
Oakland, CA 94604-2688
(510) 464-6000
2024
Bevan Dufty

PRESIDENT
Mark Foley

VICE PRESIDENT
Robert Powers

GENERAL MANAGER

DIRECTORS
Debora Allen
1ST DISTRICT
Mark Foley
2ND DISTRICT
Rebecca Saltzman
3RD DISTRICT
Robert Raburn, Ph.D.
4TH DISTRICT
John McPartland
5TH DISTRICT
Elizabeth Ames
6TH DISTRICT
Lateefah Simon
7TH DISTRICT
Janice Li
8TH DISTRICT
Bevan Dufty
9TH DISTRICT

www.bart.gov
City Council/RSA Agenda 451 Tuesday, May 14, 2024
Agenda Item
DATE: 5/14/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2023 HOUSING ELEMENT

ANNUAL PROGRESS REPORT
Staff recommends that the City Council hold a public hearing and adopt the attached resolution (Attachment 1) to accept a report on the attached General Plan Annual Progress Report (“GP APR”) (Exhibit A) and the Housing Element Annual Progress Report (“HE APR”) (Exhibit B).

The Planning Commission reviewed the Annual Reports at their May 2, 2024, meeting and recommended the City Council accept the report. Attached to this staff report is the Planning Commission Staff Report (Attachment 2), and Draft Planning Commission Meeting Minutes (Attachment 3). Please note, neither a Planning Commission Resolution nor Desk Item was prepared for this item.

Consistent with California Government Code Section 65400(a)(2), the City prepared and submitted the reports to the Governor’s Office of Planning and Research, and to the California Department of Housing and Community Development by the April 1, 2024 deadline. In addition, the State requires the reports be presented to the City’s legislative body for review and acceptance, which is the City Council. Implementation Program HE-1.K of the Housing Element also includes a similar requirement that the City prepare an annual progress report to review the progress of meeting housing needs and implementation objectives of the Housing Element and to present the report to the City Councilat a public hearing.

STRATEGIC PLAN ALIGNMENT
While this agenda item does not have alignment with a specific Strategic Plan goal, the reports highlight progress on several Strategic Plan strategies related to housing and land use.

BACKGROUND
California Government Code Section 65300 requires each city and county to adopt a general plan for the physical development of the jurisdiction. On December 10, 2019, the City Council adopted the Union City 2040 General Plan. The Housing Element, a plan to meet the existing and projected housing needs, is one of several mandated elements of the general plan. The City’s 2015-2023 Housing Element was adopted January City Council/RSA Agenda 452 Tuesday, May 14, 2024
27, 2015, and the Housing Element for the 6
th
cycle, which covers the period from 2023 to 2031, was adopted on May 23, 2023.

The GP APR (Exhibit A) includes the following required elements:

A. The degree to which a city's approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan, B. An overview of the city’s General Plan status and progress, C. A summary of recently completed and active General Plan and Development Code amendments, and D. The progress of the city in adopting or amending its general plan in compliance with its obligations to consult with California Native American tribes.

The HE APR (Exhibit B) demonstrates the progress in meeting its share of regional housing needs and the City’s consistency with implementation programs included in both the 5th Cycle 2015-2023 Housing Element and the 6th Cycle 2023-2031 Housing Element. The reason for this is both Housing Elements were in effect in 2023. The HE APR is prepared using standards, forms, and definitions adopted by the Department of Housing and Community Development.

DISCUSSION
Attached to this staff report is the City’s 2023 GP APR, labeled Exhibit A, and the 2023 HE APR, labeled Exhibit B. The contents of the reports are briefly summarized below.

General PlanAnnual Progress Report
Consistency with State General Plan Guidelines
The Background section of the GP APR describes the process of shaping the 2040 General Plan and the implementation programs to guide the plan’s goals.

Status of the General Plan Implementation Progress
The GP APR provides the status of the 2040 General Plan’s implementation programs. The status is included in the GP APR Summary Table, Attachment 1 to Exhibit A, which provides the list of programs that implement each element. There are a total of 117 implementation programs, which implement the General Plan’s nine (9) elements.

General Plan and Development Code Amendments
The City made substantive amendments to the General Plan in 2023, and to the Zoning Ordinance and Zoning Map for the same time period, which are summarized in the GP APR and briefly described below. 2023 General Plan Amendment
In 2023, the City processed a general plan amendment for the 2023-2031 Union City Housing Element and a related update to the Safety Element.
2023 Zoning Amendments
The City processed severalzoning amendments in 2023. Some of the notable zoning amendments included:

Creation of a new zoning district called Corridor Mixed Use Employment for consistency with the 2040 General Plan and related update to the City’s Official Zoning Map to update zoning for parcels located within the Union City Boulevard corridor;
Addition of standards related to outdoor dining and adding/streamlining review processes for outdoor dining areas;
Amendments to the City’s industrial zoning requirements including modernizing and clarifying uses, updating development and performance standards, and addition of objective design standards; Addition of objective design and development standards for zoning districts that allow multi-family and/or mixed-use residential development;
Update to allow beer and wine sales at gas stations; and Amendments to streamline development review processes.

Consultation with California Native American Tribes
Chapter 905 of the Statutes of 2004 requires that when preparing or amending a general plan or adopting a specific plan, opportunities for involvement of citizens of the California Native American tribes must be City Council/RSA Agenda 453 Tuesday, May 14, 2024
provided by cities and counties. The City sent out notices to Native American tribes as part of the Housing and Safety Element update process and did not receive any requests for consultation.

Housing Element Annual Progress Report
The HE APR provides progress on housing development and housing-related programs for 2023. The State requires detailed and specific reporting of the City’s progress in meeting its share of the regional housing need allocation (RHNA).

In addition to the progress in meeting its share of regional housing needs, the reporting requirements address discretionary applications for new housing development, compliance with various state requirements including identification of the City’s surplus lands and projects that were processed consistent with SB 35, and status on State grants that the City received. Related to that, the HE APR provides a breakdown of how the City spent a $300,000 Local Early Action Planning (LEAP) grant, which funded the Housing and Safety Element updates.

Please note since the City did not dispose of any surplus lands nor did the Planning Division process any SB 35 applications, these sections were left blank in the reporting form and are not included in Exhibit B.

The HE APR tracks housing progress by reporting on the number of discretionary housing applications submitted, building permits issued. For housing projects completed or building permits issued, the reporting requires the units to be broken into affordability categories based on Area Median Income (AMI) for households. The categories include: Very Low Income (0-50% AMI), Low Income (50%-80% AMI), Moderate (80%-120% AMI), and Above-moderate (Above 120% AMI). AMI for 2023 for a family of four is broken down as follows:

Very Low Income was between $22,200 –$73,950,
Low Income was between $73,950 - $112,150,
Moderate Income was between $112,150 - $177,500, and
Above-moderate Income was $177,500 or more.

For 2023, the City issued building permits for 24 units including seven (7) Very Low-Income units, seven (7) Low-income units, seven (7) Moderate Income units and three (3) Above-moderate income units. All of the Very Low-Income, Low-Income, and Moderate-Income units were accessory dwelling units (ADUs). The breakdown of affordability for ADUs was based on feedback from the State Housing and Community Development Department. The Above-moderate units were associated with permits issued for three (3) single - family residences. The Planning Division also approved two (2) housing applications with two (2) units of housing approved by the Planning Division.

As part of the HE APR, the City also includes a Housing Programs Progress Report that provides a summary of the implementation of the Housing Element programs. As detailed above, due to the 6th Cycle Housing Element being approved in May 2023, the report includes status on implementation of both the prior 5th Cycle Housing Element as wellas the 6th Cycle Housing Element.

Planning Commission Review
The Planning Commission reviewed the reports at their meeting on May 2, 2024. Commission members asked questions and provided feedback on a variety of topics addressed in the reports. For a detailed overview of the Planning Commission discussion, see attached Meeting Minutes labeled Attachment 3. After consideration of the reports and testimony from staff, the Commission voted 5-0 to recommend the City Council accept the GP APR and HE APR.

FISCAL IMPACT
Acceptance of the GP and HE APRs will not impact the General Fund.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council hold a public hearing and adopt the attached Resolution (Attachment 1) accepting the 2023 GP APR and HE APR.

City Council/RSA Agenda 454 Tuesday, May 14, 2024
Prepared by:

Natalie Dean, Associate Planner
Submitted by:

Natalie Dean, Associate Planner
ATTACHMENTS:

Description Type
Attachment 1 - Draft Resolution Resolution
Exhibit A - General Plan Annual Progress Report Exhibit Attachment 1 to Exhibit A Exhibit
Exhibit B- Housing Element Annual Progress Report Exhibit Attachment 2 - Planning Commission Staff Report Attachment Attachment 3 - Draft Planning Commission Meeting Minutes Attachment City Council/RSA Agenda 455 Tuesday, May 14, 2024
ATTACHMENT 1
RESOLUTION NUMBER XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT AND THE 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
WHEREAS, a General Plan Annual Progress Report (“GP APR”) and a Housing Element Annual Progress Report (“HE APR”) were prepared for calendar year 2023, labeled Exhibit A and Exhibit B, respectively, attached hereto and made a part hereof; and WHEREAS, consistent with California Government Code Section 65400(a)(2), the City prepared and submitted the reports to the Governor’s Office of Planning and Research and to the California Department of Housing and Community Development by the April 1, 2024, deadline and,
WHEREAS, Implementation Program HE-1.K of the Housing Element, also requires an annual progress report be prepared to review the progress of meeting housing needs and implementation objectives of the Housing Element as well as a public hearing be held by the City Council; and
WHEREAS, the Planning Commission reviewed the reports at their May 2, 2024 and the Planning Commission voted 5-0 to recommend the City Council accept the 2023 GP APR and 2023 HE APR, and;
WHEREAS, a duly advertised public hearing was held before the City Council of the City of Union City on May 14, 2024 to consider the GP APR and HE APR and at which time all interested parties had the opportunity to be heard.

NOW THEREFORE, BE IT RESOLVED, that the City Council of Union City does hereby accept the 2023 General Plan Annual Progress Report and the 2023 Housing Annual Progress Report.

City Council/RSA Agenda 456 Tuesday, May 14, 2024
City Council Resolution XXXX-24

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of May 14, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
THAI NAM PHAN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 457 Tuesday, May 14, 2024
City of Union City
General Plan Annual Progress Report
2023
Reviewed by:

City of Union City Planning Commission on May 2, 2024
City of Union City Council on May 14, 2024
Submitted by:

Carmela Campbell
Carmela Campbell, Economic &
Community Development Director
Exhibit A
City Council/RSA Agenda 458 Tuesday, May 14, 2024
2 Introduction and Purpose
California Government Code Section 65400 mandates local planning agencies to:
“Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open- space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.” An annual report must be prepared and accepted by the City of Union City (“City”)Council and submitted to the State of California Office of Planning and Research and Department of Housing and Community Development (HCD), by April 1st of each year.

The purpose of this report is to meet the requirements of State law, as well as to inform the Planning Commission, City Council, and the community of the status of the implementation of the General Plan. Since many of the factors and issues that the General Plan addresses change from year to year, an annual review and reporting of implementation will help ensure the City is moving forward to achieve the Plan’s vision.

This report covers the reporting period from January 1, 2023 – December 31, 2023.

City Council/RSA Agenda 459 Tuesday, May 14, 2024
3 Table of Contents
Introduction and Purpose................................................................................................... 2 General Plan Background ................................................................................................... 4 Consistency with State General Plan Guidelines............................................................. 4 Status of the General Plan Implementation Progress..................................................... 6 General Plan and Development Code Amendments ...................................................... 6 Consultation with California Native American Tribes................................................... 12 City Council/RSA Agenda 460 Tuesday, May 14, 2024
4 General Plan Background
Consistency with State General Plan Guidelines
The General Plan was prepared using the State’s General Plan Guidelines (Government Code 65040.2). The last comprehensive update was approved by the City Council on December 10, 2019. The document contains goals and policies upon which the City Council, Planning Commission, and City staff will base their decisions. The general plan lays out a plan “for the physical development of the city and any land outside its boundaries that bears relation to its planning” (California Government Code Section 65300). The horizon year for Union City’s General Plan is 2040.

The 2040 General Plan was shaped over a four-year period by an extensive public outreach process that included over 65 meetings with residents, business owners, commissions, committees, and decision-makers. The 2040 General Plan describes the community’s vision, and contains the goals, policies, and implementation programs to achieve that vision. California State Law requires every city and county to adopt a general plan that serves as the jurisdiction’s “constitution” or “blueprint” for development. All specific plans, subdivisions, public works projects, and zoning decisions must be consistent with a local jurisdiction’s general plan. It also provides guidance on how other City ordinances, plans, and programs should be updated to implement the City’s General Plan policies.

Government Code section 65302 requires general plans to include eight elements which are listed below along with the corresponding Union City General Plan element in parenthesis:
• Land Use Element (Chapter 3 – Land Use Element);
• Circulation Element (Chapter 5 – Mobility Element);
• Conservation Element (Chapter 8 – Resource Conservation); • Open Space Element (Chapter 8 – Resource Conservation); • Noise Element (Chapter 6 – Safety Element);
• Safety Element (Chapter 6 – Safety Element);
• Environmental justice (Chapter 2 – Health and Quality of Life); and • Housing Element (under a separate cover from the General Plan).

City Council/RSA Agenda 461 Tuesday, May 14, 2024
5 The General Plan also includes five optional elements: Economic Development (Chapter 1), Health and Quality of Life (Chapter 2), Community Design (Chapter 4), Public Facilities and Services (Chapter 7), and Special Areas (Chapter 11).

Specific implementation programs are contained in each element and summarized in Chapter 10, “Implementation Programs” for ease of review. The General Plan APR Summary Table (Attachment 1) provides the progress toward implementing the various programs.

City Council/RSA Agenda 462 Tuesday, May 14, 2024
6 Status of the General Plan Implementation Progress
The City made progress on various General Plan Implementation programs in 2023. For ease of reference, the implementation programs are listed by element in the General Plan APR Summary Table (Attachment 1). The table summarizes the implementation progress of the various elements of the General Plan during calendar year 2023.

To move forward on policies that support the goals of the General Plan, a focus on the Implementation Programs was imperative. Progress was made toward the goals in all General Plan elements.

Additionally, the City approved major development applications in 2023. In April 2023, the City Council approved design-level project approvals for residential/mixed use projects in Planning Areas 4, 9 and 10 of the Station East Subarea of the Station District Specific Plan (SDSP) area. In addition to being subject to the Station District Specific Plan, adopted in 2022, these projects will also be subject to the General Plan’s policy implementation programs, for example, M-5.A, Station District Transportation Demand Management Strategies - the adopted SDSP incorporates transportation demand management (TDM) policies for the Station District; SA-1.E, Station District Streetscape Master Plan - the SDSP provides guidance on streetscape design; LU.3.A, Update Mixed Use Regulations in Municipal Code - by updating mixed use regulations to establish objective design and development standards for zoning districts in the SDSP to ensure high-quality design, and streamlined permitting. Zoning districts in the SDSP area impacted by the updates include Marketplace Mixed Use (MMU), Station East Mixed Use Residential (SEMU-R), and Station Mixed Use Commercial (CSMU) District.

General Plan and Development Code Amendments
The City made several amendments to the General Plan and to the Zoning Ordinance in 2023. Below is a list of the amendments approved/adopted in 2023, which provides a high-level discussion of the purpose of each amendment. • 2023-2031 Union City Housing Element and update to the Safety Element, amending the 2040 General Plan (AG-23-001). This project included various General Plan and Zoning Ordinance/Map amendments. Approval of Zoning Ordinance/Map amendments related to the 2023-2031 Union City Housing Element occurred in 2022. o 2023-2031 Sixth Cycle Housing Element. The City Council adopted an amendment to the General Plan as part of the 2023-2031 sixth cycle Housing City Council/RSA Agenda 463 Tuesday, May 14, 2024
7 Element. The Housing Element was updated to comply with California Housing Element law (i.e., State law). The City, as the lead agency under CEQA, also prepared an Addendum to the 2040 General Plan EIR evaluating potential environmental impacts associated with the amendments. The 2023- 2031 Housing Element was certified by the California Department of Housing and Community Development (HCD) on May 30, 2023.
o Safety Element Update. The Safety Element is another mandatory element of the General Plan. Recent state laws (SB 1035, AB 747, SB 99) now require cities to conduct a climate change vulnerability assessment and to integrate climate adaptation and resiliency strategies into their Safety Elements upon each revision of a jurisdiction’s Housing Element or Local Hazard Mitigation Plan with the goal of identifying new information relating to flood and fire hazards, climate adaptation and resiliency strategies. The Safety Element was updated in accordance with these provisions as part of the Housing Element update process.
• Zoning Text Amendments to Add Regulations and Streamline Review Processes for Outdoor Dining (AT-23-001). The City of Union City amended Chapters 18.08, Definitions, 18.36, Commercial Districts and 18.39 Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to address regulations for outdoor dining areas. The purpose of the amendments was to update/add standards related to outdoor dining areas and adding/streamlining review processes for outdoor dining areas.
o Chapter 18.08 Definitions. The text amendments revised Chapter 18.08 to add definitions related to outdoor dining facilities. These definitions clarify types of outdoor dining establishments. For example, Outdoor dining patio, Sidewalk café, Private sidewalk café.
o Chapter 18.36 Commercial Districts. The amendments revised permitted uses and conditional uses to allow for outdoor dining associated with food service uses within all commercial zoning districts.
• Mixed-Use Employment Districts (AT-23-002). The City amended Municipal Code, Chapter 18.41, Station East Employment (SEE) District to add a new zoning district for consistency with the Union City 2040 General Plan designation of Mixed-Use Employment (EMU) referred to as “Corridor Mixed Use Employment (CMUE) City Council/RSA Agenda 464 Tuesday, May 14, 2024
8 District” and renamed this chapter “Employment Mixed Use Districts.” The amendments updated the SEE District to modify and standardize uses and update development, performance, and objective design standards for consistency with the CMUE District. The amendments modify the existing use categories in the SEE District by clarifying language, combining similar uses, and adding new uses, which better reflect the current market conditions and includes uses for the CMUE District that align with the stated purpose by allowing a mix of higher-density employment uses, including light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. • Industrial Zoning Text Amendments (AT-23-003). The amendments include updated design criteria and performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses and employee amenities; Use of Hazardous Materials was given its own chapter; and permitting for Site Development Review was streamlined, as described below. o Chapter 18.08, Definitions. The amendments to Chapter 18.08 add definitions for new and existing uses, to better clarify what operations are covered by the use. o Chapter 18.36, Commercial Districts. The amendments to Chapter 18.36 update a reference to the Use of Hazardous Materials section which has been made its own chapter (Chapter 18.43).
o Chapter 18.40, Industrial Districts. The amendments to Chapter 18.40 modify and standardize uses, update development and performance standards, establish objective design standards, and reformat the chapter for ease of use and consistency. Due to the substantial scope of the update, Chapter 18.40 will be repealed and replaced.
o Chapter 18.43 Use of Hazardous Materials. The amendment relocated the existing requirements listed in Chapter 18.40 Article IV, Use of Hazardous Materials, to a new chapter (Chapter 18.43 Use of Hazardous Materials). The requirements contained now apply to additional districts beyond those referenced in Chapter

18.40 (i.e., MG, ML, MS). For this reason, these requirements were included in their own chapter.
o Chapter 18.76 Site Development Review. The amendment to Chapter 18.76 requires the Site Development Review (SDR) process to apply to all zoning districts.

Previously, SDR did not apply in the Civic Facilities (CF) Zoning District. An City Council/RSA Agenda 465 Tuesday, May 14, 2024
9 exception was also added exempting City-owned projects on City-owned land from SDR. Additionally, the Planning Commission was made the decision-making body for Site Development Reviews instead of the City Council, though the City Council retains the ability to call a project up on appeal for their review. • Zoning Map Amendment (A-23-001). The Zoning Map Amendment was adopted to rezone properties identified in the Union City 2040 General Plan as Mixed-Use Employment to apply the new Corridor Mixed Use Employment (CMUE) zoning designation. Prior zoning for the area was Special Industrial (MS). • Objective Development Standards Zoning Text Amendments (AT-23-004).

Amendments were made to establish objective design and development standards for zoning districts that allow multi-family and/or mixed-use residential development.

The purpose of the amendments is to ensure high-quality design, streamline the development review process, and comply with recent state housing laws. o Chapter 18.24 Bulk Regulations. New standards established through the Objective Development Standards project are incorporated into a new section (Section 18.24.050: Building and site design standards) of Chapter 18.24. Standards are objective, meaning they would not be subject to interpretation by an applicant, staff, or decision maker. Figures are incorporated into the Zoning Ordinance language to assist with interpretating the standards.
o Chapter 18.08 Definitions. Amendments to Chapter 18.08 included adding definitions for terminology used in Chapter 18.24 to clarify and codify certain design specific terms. Figures are also included in this chapter to depict certain terms more clearly that are difficult convey in text definitions. o Chapter 18.28 Off-Street Parking and Loading. Amendments to Chapter 18.28 were limited to bicycle parking standards located in Section 18.28.080, Design criteria for bicycle parking facilities. Previously, the chapter included two bicycle parking sections 18.28.080 (for industrial and commercial zoning districts) and

18.28.090 (for multi-family residential zoning districts). As part of the Objective Development Standards project, new bicycle parking standards were created for all project types.
o Zoning District Chapters. Amendments to individual zoning district chapters were approved for consistency with the new objective development standards in City Council/RSA Agenda 466 Tuesday, May 14, 2024
10 Chapter 18.24. This includes amendments to all chapters which allow multi-family or mixed-use residential development. The district chapters include:
 Chapter 18.26 Marketplace Mixed Use (MMU) District
 Chapter 18.27 Village Mixed Use (VMU) District
 Chapter 18.32 Residential Districts
 Chapter 18.35 Corridor Mixed Use Commercial (CMU) District  Chapter 18.37 Station East Mixed Use Residential (SEMU-R) District  Chapter 18.38 Station Mixed Use Commercial (CSMU) District  Chapter 18.100 511 Area District
Each district had existing design and development criteria, some of which are objective, and others which are subjective. As part of the Objective Development Standards project, these existing criteria were evaluated to determine the design intent of each requirement. Where appropriate, these requirements were used to create the new objective standards in Chapter 18.24. The old design criteria were removed.
o 2023-2031 Housing Element. Amendments were included specific to the RM zoning districts in Chapter 18.32 to address a program in the 2023-2031 Housing Element, HE-1.I, which requires the City to review development standards that may constrain future development in the RM (multifamily) zoning districts.

Potential constraints identified included standards for height, lot coverage, setbacks, open space, and parking. Amendments are included to these standards to allow increased development intensity. Amendments to individual district chapters included removal of open space requirements and minor amendments for consistency with the new development standards in Chapter 18.24. o Miscellaneous Amendments. Additional amendments to Chapter 18.04 General Provisions and Chapter 18.36 Commercial Districts were made for consistency with the objective development standards amendments. For example, some parcels located along Mission Boulevard are zoned Community Commercial (CC) and designated as mixed-use in the General Plan. The amendments ensured development of these parcels incorporate the objective standards included in Chapter 18.24.

City Council/RSA Agenda 467 Tuesday, May 14, 2024
11 • Zoning Text Amendment For Sale of Beer and Wine at Gas Stations (AT-23-005).

This amendment allows for the sale of beer and wine at gas stations, subject to all existing regulatory and licensure requirements.

City Council/RSA Agenda 468 Tuesday, May 14, 2024
12 Consultation with California Native American Tribes
When amending the General Plan or adopting a specific plan, the City complies with Chapter 905 of the Statutes of 2004. See below for a detailed overview of compliance.

Housing Element and Safety Element
The City amended the 2040 General Plan to adopt the 2023-2031 Sixth Cycle Housing Element and to update to the Safety Element. Consistent with SB 18 (Chapter 905 of the Statutes of 2004) and AB 52, to give them an opportunity to consult with the City, the City notified those on the list of California Native American tribes provided by the State Native American Heritage Commission. The list included tribes that had the potential to be impacted by the general plan amendments for the Housing and Safety Element. The City provided 90 days for the tribal representative to reach out. The City did not receive any requests for consultation. Further, adoption of these updated General Plan elements would not include changes directly resulting in impacts on a Tribal Cultural Resource (TCR) beyond what would already occur under the General Plan EIR.

Applicable General Plan Policies
The Resource Conservation Element of the 2040 General Plan lists policies for ensuring the identification and protection of significant archaeological resources, pursuant to Policies RC-4.5 and RC-4.7.

City Council/RSA Agenda 469 Tuesday, May 14, 2024
1 Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 ED - 1. A
Economic Development Strategic Plan
The City shall review and update the Economic Development Strategic Plan every five years or as market conditions change. The Plan shall identify short- and mid-term goals and strategies to diversify and expand Union City’s economy. The Economic Development Strategic Plan shall be the City’s primary tool for implementing economic development-related policies of the General Plan.

EDSP: All
Policies
Economic and
Community
Development
Department,
Economic Development
Advisory Team (EDAT)
FY 19/20
and every
five years or
as
market
conditions
change
An update to the Economic Development Strategic Plan will begin in Spring/Summer 2024. The project was delayed due to other Department priorities and lack of staffing. Economic Development staff is currently working with a consultant to refine the scope of work for the update. In February 2024, the newly created Economic Development Coordinator position was filled who will be assisting on the project.

ED - 1. B
Industrial Land Conversion Decision Matrix
The City shall develop a decision matrix to evaluate any proposed rezoning of industrial or commercial lands to alternate uses. The matrix shall include scoring criteria to help decision makers evaluate the potential impacts of the proposed conversion. The evaluation shall not apply to sites identified as part of the Housing Element.

ED-1.3, 1.4
Economic and
Community
Development
Department,
Economic Development
Advisory Team (EDAT)
FY 23/24
Due to other Department priorities and low staffing levels, a formal decision matrix has not been completed. Until the matrix is completed, any applications which come in that propose to redesignate non-residential lands for residential uses will be evaluated to determine any potential impacts on a case by case basis.

ED - 2. A
Targeted Business Attraction Strategy
The City shall review and update the list of targeted industries at least every five years, based on market research and analysis, and develop marketing strategies that target investors and businesses with a focus in the targeted industries.

ED-2.1, 2.2
City Manager’s Office,
Economic and
Community
Development
Department,
Economic Development
Advisory Team (EDAT)
Ongoing
In 2023, the city’s three Industrial Districts were mapped identifying business sectors and businesses by NACIS codes to identify shrinkage and growth of various sectors. In addition, building types, vacancy rates, ownership profiles, land, building, and business acquisitions noted to create the basis for retention and attraction efforts. Updating this data is an on-going effort and will be used to support the 2024 Economic Development Strategic Plan update.

ED - 2. B
Website and Marketing Materials
The City shall actively maintain and improve the City’s Economic Development webpages and marketing materials to provide investors and businesses with information needed to encourage them to locate in Union City.

ED-2.1, 2.2,

2.4,

2.8, 7.6
City Manager’s Office,
Economic and
Community
Development
Department
Ongoing Economic Development staff periodically reviews the City’s website to ensure information is accurate. Effort to revamp the Economic Development webpage will occur in 2024.

ED - 2. C
Commercial/Industrial Sector and Real Estate Indicators Program The City shall develop and maintain a commercial/industrial sector database by industry type, and match business prospects with real estate vacancies or key development opportunities.

ED-2.8
City Manager’s Office,
Economic and
Community
Development
Department,
Administrative Services
Department
(Management
Information Systems)
Ongoing
In addition to efforts identified in ED-2.A, Economic Development has implemented an industrial business communication database by sector. Staff also tracks new businesses in collaboration with the Building and Planning Divisions. Staff also have industry software to track industrial inventories and marketplace data, along with quarterly industrial market reports.

ED - 4. A
High-Speed Internet Program
The City shall strive to implement Wi-Fi and/or access to high speed internet with other city facilites.

ED-4.1
Economic and
Community
Development
Department,
Public Works
Department
Ongoing
(implementat
ion
underway in
Station
District)
A study was prepared by the Advanced Mobility Group, which evaluated available city conduit connecting intersections throughout the City. The study concluded that replacing the copper cables inside the existing signal interconnect conduit with fiber optic cables along Union City Blvd, Dyer Street, Alvarado-Niles Road, Decoto Road, Central Avenue, Alvarado Blvd, and Whipple Road, along with the wireless communication on Mission Hill, would establish a comprehsive traffic signal and communication network. This fiber optic connection could extend to various city facilities, creating an improved communication network. As part of the proposed Union City Blvd Bike Lanes Improvment Project, existing interconnect cable will be replaced with fiber optic cables from Smith Street to Lowry Road, with a central hub located inside MarK Green Sport Center. Construction is expected to commence in Spring 2024 and be completed by Winter 2025.

ECONOMIC DEVELOPMENT
General Plan APR Summary Table
ATTACHMENT 1
City Council/RSA Agenda 470 Tuesday, May 14, 2024
2 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 ED - 5. A
Warehouse Transformation Strategy
The City shall develop strategies to support the conversion of warehouse uses to flex space for manufacturing and research and development, Class A office space, and generally a more diverse mix of commercial and industrial uses.

ED-1.1, 2.7,

5.1,

5.2, 5.3
City Manager’s Office,
Economic and
Community
Development
Department,
Economic Development
Advisory Team (EDAT)
FY 20/21
The City Council adopted Ordinance 918-23 approving an amendment to Chapter 18.40, Industrial Districts. One of the purposes of the amendment was to support implementation of Strategic Plan Goal C.1, “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.” The amendment included the addition of design criteria and performance standards to ensure future industrial developments are well-designed, accommodate flex-industrial uses such as office and research and development, provide standards for employee amenities, and ensure warehouse and wholesale and distribution activities in newer buildings generate revenue for the City. As sites with older warehouse buildings are redeveloped, these standards will ensure our business parks adapt and transition to vibrant and attractive employment centers. In addition, the City Council provided direction to explore an update to the City's Business License Tax to ensure warehouse and similar uses pay their fair share compared to other industrial and commercial uses.

ED - 6. A
Retail Performance Monitoring
The City shall periodically evaluate the performance of the city’s shopping centers. The City shall support property owners and brokers leasing efforts by matching business prospects with real estate vacancies or development opportunities. The City shall conduct outreach efforts with owners and brokers of underperforming retail centers to discuss options for rehabilitation, modernization, or intensification of the centers; possible changes in retail mix; or conversion to non-retail uses.

ED-6.3, 6.4,

6.6,

6.7 City Manager’s Office,
Economic and
Community
Development
Department
Monitor
sales tax
performance
on a
quarterly
basis
Union Landing maintains its position as a successful regional shopping center. The shopping center contributes significant sales tax revenue to the city’s General Fund. In addition, the Property Business Improvement District (managed by the Union Landing Property Owners Association (ULPOA) supports the funding of three dedicated police officers assigned to the shopping center. With successful rezoning regulations and collaboration with the ULPOA, the shopping center experinced low vacancy rates in 2023. An accomplishment in 2023 included renovation of the center’s Gateway areas at Alvarado-Niles Road / Dyer Street (privately owned) and Courthouse Drive / Dyer Street (City-owned). Improvements included an update to the monument signage and repainting and repair of low landscape walls that the sigange is affixed to to reflect the center's new branding as well as installation of new landscaping. Staff also worked with a landscape architect on plans to renovate the medians along Union Landing Boulevard and Courthouse Drive.

ED - 7. A
Business Outreach Program
The City shall continue to reach out to Union City businesses to learn about new industries and technologies, discuss specific needs of local businesses, identify business expansion opportunities, and determine if City policies and regulations are reflective of changing and emerging business needs.

ED-7.1
City Manager’s Office,
Economic and
Community
Development
Department
Ongoing
Post pandemic, businesses located in the industrial sectors have been impacted by illegal dumping, camping on inactive railroad spurs, business vandalism and theft to vehicles and property. Staff launched a “Public Private Strategies to a Clean and Safe Industrial Sector” initiative. Two industrial roundtables were held to engage business leaders on ways to improve the safety of their businesses, employees, and property and how the city can support their efforts.

ED - 9. A
Green Business Support
The City shall encourage participation in the Alameda County Green Business Program by including program information in business license applications, hosting outreach events, and coordinating with the Chamber of Commerce. The City shall recognize green businesses in the community through actions such as listing green businesses on the City website, hosting recognition ceremonies for businesses that achieve certified green business status, and providing award certificates.

ED-9.1, 9.2
Economic and
Community
Development
Department
Ongoing
Union City continues as an active participant in the Alameda County Green Business Program.

As of March 1, 2024, there are eight businesses in the city with Green Business certification. The businesses are listed at https://greenbusinessca.org/AlamedaCounty. The Union City webpage for the program is: https://www.unioncity.org/331/Green-Business-Program.

HEALTH AND QUALITY OF LIFE
City Council/RSA Agenda 471 Tuesday, May 14, 2024
3 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 HQL-1.A
Amend Zoning Ordinance for Health Foods The City shall review and amend its Zoning Ordinance, as appropriate, to increase opportunities for healthy foods, including healthy food retail outlets, community gardens, farmers markets, backyard gardens. The City shall also consider adopting limitations on fast food outlets near schools.

HQL-1.1, 1.2
Economic and
Community
Development
Department
FY 20/21
Community gardens are permitted by right in the Civic Facilities (CF) zoning district. Through Ordinance 903-22, adopted November 2022, the City added farmer's markets as a conditional use in the new Marketplace Mixed Use, and Village Mixed Use zoning districts. Farmers' markets are also conditionally permitted in the Station Mixed Use Commercial and Neighborhood Commercial zoning districts.

HQL-2.A
Parks and Recreation Master Plan
The City shall periodically update the Parks and Recreation Master Plan to address a variety of issues related to the City’s parks and recreational facilities, including but not limited to: an inventory of potential sites for future parks or recreational opportunities, which includes a highlevel feasibility assessment that takes into consideration a variety of factors including, but not limited to, configuration, location, access, current use, availability, and ownership. The assessment shall also provide feedback on the types of parks or recreational facilities most appropriate for the site. The inventory of potential sites shall include, but is not limited to, the Turk Island landfill site, lands owned by Masonic Homes located east of Mission Boulevard, a portion of the Gateway Site identified in the Land Use Element for new residential housing and a park, and open space lands west of Union City Boulevard. • An assessment of existing parks and recreational facilities to determine what improvements or renovations are needed to address the diverse needs of existing and future users. This shall include developing guidelines that recognize the life span of various park components and a time line for replacement.

HQL-2.1, 2.4,

2.7,

2.8, 2.13
Community and
Recreation
Services,
Economic and
Community
Development
Department, Public
Works Department
FY 20/21,
and
periodically
thereafter,
dependent
upon budget
availability
Staff from Community and Recreation Services (CRS) and the Public Works Department are working on a Request for Proposals to bring on a consultant to prepare an update to the City's Park and Recreation Master Plan.

HQL-2.B
Update Park Facilities Fee
The City shall update the Park Facilities Fee to better reflect current costs and needs. Any future nexus study conducted to justify a revised park impact fee should also consider the feasibility of expanding it to apply to commercial and industrial development. Adoption of a nonresidential fee should be contingent upon a market study indicating the amount of the fee that would be feasible without affecting the City’s economic development goals.

HQL-2.3, 2.4
Finance Department,
Community and
Recreation
Services,
Economic and
Community
Development
Department
FY 20/21 An impact fee study is underway to update all City development impact fees, including the Park Facilities Fee.

HQL-2.C
Joint Use Agreements with NHUSD
The City shall work collaboratively to update joint use agreements with the New Haven Unified School District to maximize public access to school recreational facilities and grounds during nonschool hours. The City shall emphasize agreements that: (a) provide access to facilities which are currently lacking in existing City parks; and (b) benefit areas that currently lack neighborhood or community parks.

HQL-2.9
Community and
Recreation
Services,
Economic and
Community
Development
Department
Ongoing
On December 6, 2022, the City Council approved (Resolution No. 6048-22) a land exchange agreement, a master joint use agreement and joint use agreements for Pioneer Park, Shorty Garcia Park, James Logan Tennis Center, Dan Oden Swim Complex with New Haven Unified School District. Staff is working on obtaining the final signatures on the land exchange and joint use agreements.

HQL-2.D Landscape and Lighting District Parcel Tax
Evaluate updating the Landscape and Lighting District parcel tax, and focus on park maintenance. HQL-2.12 Public Works Department FY 22-23 Updates to the Landscape and Lighting District (LLAD) Parcel Tax require voter approval. To date, there has not been support to update this tax.

HQL-3.A Community and Recreation Services Activity Guide The City shall prepare and distribute an Activity Guide of Community and Recreation Services. HQL-3.6 Community and
Recreation
Services,
Economic and
Community
Development
Department,
City Manager’s Office
Three times
per
year
Community and Recreation Services (CRS) is continuing the same process of producing three activity guides annually, plus suppliemental guides as deemed necessary. One guide, Summer Edition, is printed and mailed out to all single family homes. All information is available in digital versions on the City's website.

City Council/RSA Agenda 472 Tuesday, May 14, 2024
4 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 HQL-4.A
Maintain List of Social and Community Services
The City shall periodically update the City’s website to maintain a current list of local social and community services.

HQL-4.1, 4.2,

4.3, 4.4, 4.5,

4.6 Community and
Recreation
Services,
Economic and
Community
Development
Department,
City Manager’s Office
Ongoing CRS staff is working on a handout of social service resources for distribution to the community.

HQL-4.B
Public Service Grants
The City shall continually apply for grant funding and distribute these funds on a bi-annual basis as part of the City’s budgeting process.

HQL-4.9
Economic and
Community
Development
Department, City
Council
FY 19/20,
and biennial
thereafter
The City allocates the maximum 15 percent of its federal Community Development Block Grant (CDBG) funding to public service providers and also contributes General Fund dollars to support public service providers The City has a bi-annual Public Service grant application process, to coincide with the City’s bi-annual budget. In 2023, the City allocated $80,000 in CDBG funding and $245,000 in General Fund monies to support public servivce providers. For more information, see the City's FY 23 Annual Action Plan on-line at https://www.unioncity.org/DocumentCenter/View/10348/UC-AAP-2023-Draft-6823-update.

HQL-4.C
Public Service Needs Assessment and Funding Strategy
The City shall periodically update the Public Services Needs Assessment and Funding Strategy Report to establish funding priorities for the Public Service Grants Program.

HQL-4.9
Economic and
Community
Development
Department, City
Council
FY 20/21,
and every
five years
thereafter
An update to the Needs Assessment was prepared and approved by the City Council in Spring 2023.You can acess the document on-line at
https://www.unioncity.org/DocumentCenter/View/10486/2023-Needs-Assessment-City-of-UnionCity---FINAL-6523.

HQL-6. A Guide to Senior Services
The City shall prepare and distribute a Union City Resource Guide for Seniors.

HQL-6.1, 6.2,

6.6 Community and
Recreation Services
FY 20/21
and annually
thereafter
In addition to the three activity guides, the City has a monthly newsletter for seniors and senior resource information is included on the City website.

LU-1.A
Update Infill Regulations in Municipal Code
The City shall evaluate and update, as appropriate, the Municipal Code regulations and procedures for infill development to ensure compatibility with the City’s infill development goals, as articulated in the General Plan.

LU-1.1, 1.2,

1.3, 1.6
Economic and
Community
Development
Department
FY 20/21
The City Council adopted Ordinance No. 917-23 which added objective design standards for mixed use developments to facilitate infill development. The majority of the City's vacant opportunity sites allow for mixed-use developments. The standards provide certainty to developers regarding the City's expectations for infill development and streamlines the development review process.

LU-3.A
Update Mixed Use Regulations in Municipal Code
The City shall evaluate and update, as appropriate, the Municipal Code regulations and procedures to ensure compatibility with the City’s mixed-use development goals, as contained in the General Plan.

LU-3.1, 3.2,

3.3 Economic and
Community
Development
Department
FY 21/22
The City Council adopted Ordinance No. 916-23 to amend Chapter 18.41 to add a new zoning district, referred to as “Corridor Mixed Use Employment (CMUE) District,” consistent with the Union City 2040 General Plan designation of Mixed-Use Employment (EMU). Chapter 18.41 was renamed “Mixed Use Employment." The City amended the official Zoning Map to rezone properties along the Union City Blvd. to CMUE for consistency with the General Plan. The amendment also updated the SEE District to modify and standardize uses and update standards for consistency with the CMUE District. The City Council also approved Ordinance No. 917-23 which added objective design standards for mixed use developments.

LU-5.A
Update Residential Impact Fees
The City shall review and update its residential impact fees to ensure that they adequately address the costs to the City of providing services now and in the future.

LU-5.8
Economic and
Community
Development
Department,
Administrative Services
Department
FY 20/21 An impact fee study is underway to update to all City development impact fees, including fees for residential development.

LAND USE
City Council/RSA Agenda 473 Tuesday, May 14, 2024
5 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 LU-6.A
Maintenance Standards for Shopping Districts
The City shall develop maintenance standards for its shopping districts to improve their appearance.

LU-6.2
Economic and
Community
Development
Department,
Public Works
Department
FY 21/22 In 2022, the City Council adopted Ordinance 930-22, which added maintenance standards for commercial uses in the Station District area.

LU-6.B
Update Zoning Ordinance to Encourage Intensification in Commercial Zones The City shall review the Zoning Ordinance to ensure that standards for commercial zones encourage higher-intensity, infill development, and experience-oriented uses within shopping districts.

LU-6.1, 6.3,

6.4, 6.5, 6.7
Economic and
Community
Development
Department
FY 20/21 In 2023, the City Council adopted Ordinance No. 917-23, which added objective design standards for mixed-use developments to faciliate infill development.

LU-7.A
Reviewing Zoning Ordinance to Respond to Market Trends
The City shall review and update the Zoning Ordinance periodically to facilitate the conversion of the City’s business and industrial parks to more job-intensive uses. The City shall regularly review the Zoning Ordinance thereafter to respond to real estate market and development trends, as well as changes in technology, including a review of the lists of permitted and conditionally permitted uses in industrial areas to ensure that desired and potentially compatible uses are not excluded.

LU-7.2, 7.3
Economic and
Community
Development
Department,
Planning Commission
FY 21/22;
and
ongoing
thereafter
In 2023, the City Council adopted Ordinance No. 918-23, which amended Chapter 18.40, Industrial Districts, to update the list of permitted and conditional uses, among other things.

These updates modified the existing use categories by clarifying language, combining similar uses, updating/removing antiquated use classifications, and adding new uses, which better reflect the current market conditions.

CD-1.A
Amending Zoning Ordinance to Include Design Criteria for Shopping Centers The City shall amend the Zoning Ordinance to include design criteria and maintenance standards for new and substantially renovated shopping centers.

CD-1.2, 1.3,

1.4 Economic and
Community
Development
Department
FY 20/21 Planning Division staff anticipates starting this project in FY 24/25.

CD-1.B
Update Zoning Ordinance to Ensure Compatible Single Family Infill Development The City shall review and update the Zoning Ordinance to incorporate appropriate regulations to ensure the scale, massing, and design of new homes and additions to existing homes in singlefamily residential neighborhoods is compatible with surrounding single-family development.

CD-1.14
Economic and
Community
Development
Department
FY 19/20 In 2022, the City Council approved Ordinance No. 900-22 to add objective design standards for single-family residences, SB 9 residential projects, and accessory dwelling units.

CD-3.A
Prepare Streetscape Master Plans for Major Corridors
The City shall prepare streetscape master plans for the major arterial corridors that have not yet had plans prepared, such as Alvarado-Niles Road, Decoto Road, Union City Boulevard, and Whipple Road. Streetscape master plans that have already been prepared shall be updated as appropriate.

CD-3.1 Public Works
Department
As funding
becomes
available
As part of the Station District Specific Plan update completed in 2022, standards related to streetscape design were developed for a portion of Decoto Road.

CD-3.B
Masonry Wall Master Plan
The City shall prepare a master plan to identify the replacement of wooden residential fences on major arterials with well-designed masonry walls, and develop a program to identify methods of funding the replacements.

CD-3.6
Public Works
Department,
Economic and
Community
Development
Department,
City Manager’s Office
As funding
becomes
available
As part of the Development Review process, the City works with property owners to replace wooden residential fences on major arterials on a project-by-project basis.

CD-4.A
Gateway Sign Program
The City shall create a consistent wayfinding sign program for gateway signs along major corridors to help distinguish Union City from Fremont and Hayward.

CD-4.2 Public Works
Department FY 22/23 Due to other Department priorities and low staffing levels, this project has not started.

COMMUNITY DESIGN
City Council/RSA Agenda 474 Tuesday, May 14, 2024
6 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 CD-6.A
Public Art Master Plan
The City shall work through the Arts & Culture Commission to prepare a citywide Public Art Master Plan that identifies opportunities for public art throughout Union City.

CD-6.1
Economic and
Community
Development
Department
FY 23/24
Pursuant to Union City Municipal Code, Chapter 12.40, The Art in Public Places Program, promotes the visual arts in Union City by requiring the inclusion of a public artwork component in new development projects. The chapter requires certain City-sponsored and private developments to install publicly accessible works of art or pay an equivalent in-lieu fee into the Public Art Fund. Final public art designs are reviewed by the Union City Arts and Culture Commission, which is supported by the Arts and Culture Commission. To date, a citywide Public Art Master Plan has not been developed.

CD-6.B
Mural Program
The City shall implement a mural program, in which the City contracts with local artists to paint murals on utility boxes, buildings, and structures throughout the city.

CD-6.2
Economic and
Community
Development
Department
ongoing The City has an on-going Request for Proposals for artists to apply to its Utility Box Mural Program.

CD-6.C
Public Art Inventory
The City shall conduct and maintain an inventory of existing public art throughout the city and make the inventory available online.

CD-6.4
Economic and
Community
Development
Department
FY 21/22 This project has not started but has been designated as a priority for the Arts & Culture Commission starting in 2024.

M-1.A
Complete Street Design Standards
The City shall review and update its Standard Specifications and Design Criteria for streets to include complete streets standards as well as green street standards, with an overall goal of making the transportation system that is less auto-centric. Standards should accommodate multiple transportation modes within rights-of-way and achieve mutually supportive land use, transportation, and urban design objectives.

M-1.1, 1.2,

1.3, 1.4
Public Works
Department FY 23/24
The City is reviewing its current Standard Specifications and Design Criteria for streets and may need to update these to ensure they are consistent with the City’s Complete Streets policy. The current policy was adopted in 2012 to align with best practices in active transportation planning and engineering. The Alameda County Transportation Commission's (Alameda CTC) 2014 Transportation Expenditure Plan (TEP) identified funding for major transportation projects within Union City, which includes Quarry Lakes Parkway and Decoto Complete Streets, and this will fund the updated Complete Streets Design Standards.

M-1.B
Evaluate Performance of Transportation Network for All Users The City shall perform periodic evaluations of how well the streets and transportation network of the City are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis.

M-1.1, 1.4, 1.6 Public Works
Department
FY 21/22,
and at
least every
five years
thereafter
The City continues to monitor its transportation network on a periodic and continous basis to ensure that all updated requirements are being incorporated in its infrastrucure as new technology and standards are adopted. For example, the City recently updated all its traffic siganl controllers to 2070 Intelight Maxtime which is a more advanced system that is able to adapt to real-time traffic flow demand. In addition, the City is gradually replacing traffic signal detector loops with cameras, which are more accurate and cost-effective and don't require replacement of loops following a paving project. The City is also adding buffered bike lanes following a paving project. This requires narrowing travel lanes which also helps manage traffic speeding issues.

Approximately, 97% of the street corners in the City are already fitted with some type of wheelchair ramp. However, the City continues to update the ramps which no longer meet current standards. In addition, the City has a sidewalk shaving and replacement project to minimize traipping hazards.

M-1.C
Vision Zero Action Plan
The City shall prepare and adopt a Vision Zero Action Plan that uses historic crash data to pinpoint the factors contributing to traffic deaths and serious injuries and identifies safety countermeasures to address those factors.

M-1.10 Public Works
Department FY 22/23
The City Council adopted Resolution No. 5923-22 accepting a grant from the California Department of Transportation for the preparation of the Local Roadway Safety Plan (LRSP) (City Project No. 21-25). Public outreach meetings with stakeholders and the community were held in 2022 for the LRSP. Program objectives include enhancing safety for all users of the City’s roadway system such as reducing incidents and the severity of incidents, identifying high need areas, etc. An existing conditions assessment was also conducted. The information obtained from the LRSP program will inform the development of a Vision Zero Action Plan.

MOBILITY
City Council/RSA Agenda 475 Tuesday, May 14, 2024
7 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 M-2.A
Bicycle & Pedestrian Master Plan Update
The City shall review and update the Pedestrian and Bicycle Master Plan every 5 -10 years. The Plan shall identify a cohesive bikeway and pedestrian network and maintain a list of priority bicycle and pedestrian improvement projects. The Plan update shall include an analysis to determine existing challenges, opportunities, and priority investments.

M-2.1, 2.3
Public Works
Department,
Economic and
Community
Development
Department
FY 19/20,
and every
5-10 years
thereafter
The updated Bicycle & Pedestrian Master Plan (Plan) was adopted by the City Council in 2021 (Resolution No. 5859-21). The Plan updates the existing Master Plan (approved in 2011) and provides a framework for a bicycle and pedestrian network for all ages and abilities. Staff remains vigilant with regards to the opportunities to implement any of the projects included in the adopted Plan as part of their standard projects, such as roadway paving projects. In addition, staff is always looking for grant opportunities to implement the various bike & pedestrian projects.

M-2.B
ADA Transition Plan-related Improvements
The City shall examine sidewalk conditions and pedestrian crossings and prioritize locations for implementing and maintaining pedestrian friendly improvements, including replacement of damaged or uplifted sidewalks that present tripping hazard to pedestrians, crosswalk striping, pedestrian actuation, pedestrian countdown signals, signal re timing, audible pedestrian signals, and ADA improvements (e.g., curb ramps, sidewalk gaps, and sidewalk obstructions).

M-2.9 Public Works
Department
FY 22/23,
and every
5 years
thereafter
In addition to the ADA access issues in the public right of way, the ADA Transition Plan also identifies deficiencies in public buildings, restroom and parks. Staff is working on the third update to the ADA Transition Plan which will reflect the improvements that have been made since the last plan was adopted. The ADA Transition Plans helps monitor and guide the City's progress as it gradually transitions to a fully ADA compliant City.

M-2.C
Outreach Materials on Biking and Walking
The City shall develop outreach materials, such as route maps for new bicycle and pedestrian facilities to encourage their use, as well as bicycle and pedestrian safety information for bicyclists, pedestrian, and drivers. The City shall develop these materials in multiple languages, and distribute via the City’s website, printed materials, and through other media.

M-2.14 Public Works
Department Ongoing Updated Bicycle and Pedestrian Network Maps have been added to the City's website.

M-3.A
Short-Range Transit Plan
The City shall continue to prepare and implement the Union City Transit Short-Range Transit Plan to plan for transit system and route adjustments, capital improvements, equipment (i.e., buses), administrative and operational changes, maintenance and other recommendations presented in the Short-Range Transit Plan to the extent feasible to provide better and more efficient transit service.

M-3.15 Union City Transit
FY 19/20,
and update
as required
by MTC
The Public Works Department has set aside funds for an update to the Short Range Transportation Plan (SRTP) but Transit Department staffing shortages have not allowed the project to move forward. The Bay Area transit landscape has been rapidly changing in 2023 with new requirements, regulations, and potential new funding sources. Once the Transit Department is partially or fully staffed, it will pursue a consultant to address the SRTP ensuring its conformance with the Transit Transformational Action Plan, Regional Network Management, highlighting potential operating and capital fund shortfalls, and upcoming State legislation for a possible new funding source on the ballot in 2026.

M-3.B
Bus Service to Connect Employment Centers to Intermodal Station Union City Transit shall review the need for route modifications, based on demand, to connect employment centers with the Intermodal Station.

M-3.3, 3.4,

3.16 Public Works
Department,
Union City Transit,
Economic
and Community
Development
Department
Ongoing
Union City Transit is now coordinating all bus service changes with BART service changes. As of September 2023, BART has revamped their schedules and are no longer catering a commute direction. Union City Transit is now providing 20-minute weekday AM and PM service for Routes 1, 2, and 5 along with an expanded service area and hours for the FLEA until the next BART service change in August 2024. Unfortunately, 30-minute service for Routes 1 and 5 on weekends is no longer feasible.

M-3.C
Convert Bus Fleet
The City shall convert the bus fleet to a zero-emission fleet as vehicle replacement funds become available through MTC and the Federal Transit Administration (FTA).

M-3.21
Public Works
Department,
Union City Transit
FY 20/21, FY
22/23, FY
24/25, and
ongoing
Union City Transit is still in the process of procuring electric buses for fixed-route service along with related charging infrastructure. Getting the charging infrastructure has proved to be a challenge due to coordination with PG&E and Ava Community Energy (formerly EBCE). In addition, the Public Works Department is evaluating an update to its Maintenance Facility located on 7th Street in order to accommodate the Quarry Lakes Parkway project. Lastly, pursuing additional electricvehicles has proven challenging with several vehicle manufacturers and battery suppliers abruptly leaving the industry resulting in Union City Transit reconsidering gasoline vehicles until suppliers and vehicle manufacturers have some stability.

City Council/RSA Agenda 476 Tuesday, May 14, 2024
8 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 M-4.A
Identify Transportation Projects in the CIP Update
The City shall identify infrastructure projects every two years as part of the Capital Investment Plan (CIP) to provide for the roadway facility improvements necessary to implement the Circulation Diagram and roadway improvements called for in the General Plan.

M-4.2, 4.7,

4.13, 4.14,

4.15, 4.16,

4.17 Public Works
Department
FY 19/20
and every
two years
thereafter
The AC Transit Dumarton Express Corridor Improvment Project was completed in late 2023, which consisted of installing pre-emption devices on traffc signals to give priorty to AC Transit Vehicles. Union City Transit also has a similar system in place. The Decoto Road Street Rehabilitation project, from the Alameda Creek bridge to Station Way, is planned to go to bid in the first half of 2024 with expected completion in the next several months. The Union City Blvd.

Bike Lanes Project was awarded on 2/27/2024 and will begin construction in mid 2024 and be completed in approximately 18 months.

M-4.B
Establish VMT Threshold
The City shall adopt a vehicle miles travelled threshold to be used for CEQA analysis in place of level of service standards.

M-4.4
Economic and
Community
Development
Department,
Public Works
Department
FY 19/20
In 2023, the City received some technical assistance through an ABAG/MTC program to develop a VMT threshold for Union City. The project was put on hold when the staff person working on the project left Union City for another position.

M-4.C
Establish Impact Fee to Include Other Modes
The City shall conduct an AB1600 nexus study to establish a transportation impact fee to ensure fair share contributions to transportation improvements that may include, but are not limited to streets, public transit, bicycles and pedestrian improvements.

M-4.6 Public Works
Department FY 21/22
An impact fee study is underway to update to all City development impact fees, including impact fees related to transportation impacts, which could be used for bicycle and pedestrian infrastructure.

M-4.D
Pavement Management Program
The City shall review and update the Pavement Management Program every two years to ensure the ability to apply for grant funding through the Metropolitan Transportation Commission (MTC) to rehabilitate and provide the necessary ongoing maintenance of the roadway network.

M-4.9 Public Works
Department
FY 19/20,
and every
two years
thereafter
The City's Engineering Division plans to apply for the next grant cycle when offered by MTC in 2025.

M-5.A
Station District Transportation Demand Management Strategies The City shall incorporate transportation demand management (TDM) strategies into the Decoto Industrial Park Study Area (DIPSA) Specific Plan Update to discourage the use of singleoccupancy vehicles over time and encourage the use of public transit, bicycling and walking within the Station District.

M-5.1
Economic and
Community
Development
Department
FY 20/21
The DIPSA Specific Plan was comprehensively updated and rebranded as the Station District Specific Plan (SDSP) in 2022 (Resolution No. 6026-22). The SDSP incorporates transportation demand management (TDM) policies for the Station District to address congestion, VMT, and parking demand by reducing automobile reliance. In addition, new projects within the Station District area are conditioned to incorporated TDM strategies into their projects.

M-6.A
Revise Parking Regulations
The City shall review and revise, as appropriate, the parking requirements in the City Zoning Ordinance to identify opportunities for parking reductions, shared parking, unbundling, and other strategies that would reduce the land area dedicated to parking in the city while still meeting the community’s parking needs.

M-6.1, 6.2,

6.4, 6.5
Public Works
Department and
Economic and
Community
Development
FY 20/21
Parking regulations in the Zoning Ordinance were updated for consistency with the Station District Specific Plan update in 2022. The Specific Plan and Ordinance updates facilitate parking reductions in the Station District by creating a "maximum" parking standard in Mixed Use Marketplace (MMU), Station East- Residential (SEMU-R), and Station East Employment (SEE) Zoning Districts.

M-6.B
Station District Paid Parking Program
The City shall continue to implement and enforce a paid parking program in the Station District, monitor the parking, and make changes as necessary. The City shall designate preferential parking spaces for car share vehicles at the Intermodal Station.

M-6.7
Public Works
Department
City Manager's Office
Ongoing
The Station District Paid Parking Program was launched to direct BART commuter parking to City-owned lots and to make short-term on-street parking available in and around the Station District. Due to the COVID pandemic, demand for BART parking was substantially decreased and, to date, has not returned to pre-pandemic levels. The paid parking program will expand to the Station East area when the recently approved Station East Residential Mixed-Use development is constructed as well as other areas where new multi-family development has been approved subject to the City having adequate staffing to support the program.

M-6.C
Address Parking Issues in Business Parks
The City shall study and recommend solutions for parking problems caused by warehouse conversion to more employment-intensive uses. Allowance for off-site parking, shared parking, and innovative transportation solutions shall be considered.

M-6.11
Economic and
Community
Development
Department,
Economic Development
Coordinator
Ongoing The City Council adopted Ordinance No. 915-23, which updated parking standards in the City's industrial areas.

City Council/RSA Agenda 477 Tuesday, May 14, 2024
9 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 M-7.A
Maintain Truck Routes
The City shall maintain designated truck routes that will minimize noise and other impacts on the community. The City shall periodically evaluate the established truck routes in response to changes in traffic patterns, traffic volumes, new land uses, level of usage, and adequacy of routes to serve local truck needs.

M-7.1, 7.2 Public Works
Department
FY 22/23,
and ongoing
No changes are proposed to the truck routes identified in the 2040 General Plan. There have been no changes in traffic patterns, traffic volumes, new land uses, level of usage, and adequacy of routes significant enough to require an update.

S-1.A
Maintain Codes and Regulations to Ensure Safety
The City shall periodically review and revise building codes and regulations to incorporate the latest information and technology related to natural hazards, such as earthquakes and flooding.

S-1.1, 1.2
Economic and
Community
Development
Department
November
2019
adoption for
January
2020
implementati
on, minimum
every three
years
thereafter
The City Council adopted an update to the Building Code in November 2022 (Ordinance No. 910- 22), which went into effect January 1, 2023 for consistency with the 2022 California Building Standards Code.

S-2.A
Comprehensive Emergency Management Plan
The City shall work with the Alameda County Fire Department to regularly review and update the Comprehensive Emergency Management Plan.

S-2.2 City Manager’s Office,
as assigned
FY 19/20;
every five
years
thereafter
In April 2024, the City's Office of Emergency Services (OES) will begin an update to the City's CEMP. The most current plan was updated in January of 2014 and is posted on the City's Emergency Management webpage, along with other emergency preparedness resources available to the community. Completion of the plan is anticipated for fiscal year 2023-2024.

S-2.B
Local Hazard Mitigation Plan
The City shall prepare and update every five years a FEMA- and State approved Local Hazard Mitigation Plan.

S-2.3 City Manager’s Office,
as assigned
FY 22/23,
and every 5
years
thereafter
The City in partnership with the City of Newark, City of Fremont, and Special Districts ACWD & USD prepared a multi-jurisdictional Local Hazard Mitigation Plan and submitted the plan to FEMA and Cal OES for review and approval.

S-2.C
Expand Multicultural Participation in CERT Program
The City shall provide multicultural training presentations and handouts in multiple languages to expand participation in the Community Emergency Response Team (CERT) programs.

S-2.10 City Manager’s Office,
as assigned FY 20/21
The CERT Program, in partnership with the Alameda County Fire Department, held an in-person CERT Academy in October 2023, which produced new active CERT members. The CERT Program also received new funding to help with outreach and an intern was added to help with community outreach, marketing and updating the City's internal documentation.

S-2.D
Feasibility Study for Emergency Operations Center
The City shall seek funding to prepare a feasibility study for modernization and/or relocation of the existing Emergency Operations Center to Fire Station 3 or other appropriate site.

S-2.4 City Manager’s Office,
as assigned FY 20/21 The City is currently seeking grant funding to complete the Feasibility Study for an updated/new Emergency Operations Center.

S-2.E
Adopt an Ordinance to Address Post-Disaster Recovery
The City shall prepare and adopt an ordinance to address post disaster conditions regarding land use, sheltering, and rebuilding.

S-2.14
City Manager’s Office,
Economic and
Community
Development
Department
FY 20/21 The City has not adopted an ordinance to address post-disaster recovery. However, the City will continueto support the CERT Program and community engagement for disaster preparedness.

S-2.F
Establish Redundant Data
The City shall establish redundant, offsite copies of crucial information and all City data to be able to maintain basic network functions during a disaster.

S-2.13 Administrative Services
Department Ongoing The IT Department works with a third-party vendor to store the majority of the City’s crucial information in a cloud-based storage system.

SAFETY
City Council/RSA Agenda 478 Tuesday, May 14, 2024
10 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 S-2.G
Emergency Shelter Guidelines
The City shall prepare guidelines for establishment of emergency shelters including the accommodation for those persons with Access and Functional Needs (AFN), and pets.

S-2.11, S-2.12
City Manager’s Office,
Economic and
Community
Development
Department
FY 20/21 In April 2024, the City's OES will begin an update to the City's CEMP, which includes an Annex for sheltering that will address planning around the needs of those with AFN and pets.

S-2.H
Implementation of Assembly Bill (AB) 747 and Senate Bill (SB) 99 The City currently contracts with Alameda County Fire Department (ACFD) to provide fire and emergency response services. In partnership with the City, ACFD provides input into the City’s Comprehensive Emergency Management Plan (CEMP) that describes how the City will effectively prepare for, respond to, recover from, and mitigate against all hazards. As part of the CEMP, the City shall include capacity-based analysis of its evacuation network, consistent with the statutory requirements of AB 747. At a minimum, this analysis shall identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. Finally, as part of subsequent updates to the CEMP, the City shall address evacuation of existing residential developments within hazard areas with limited accessibility (i.e., less than two points of access) consistent with SB 99.

City Manager’s Office,
Public Works, Economic
and Community
Development
Upon each
subsequent
CEMP
update
In April 2024, the City's OES will begin an update to the City's CEMP and will work with Police Department and Fire and contractor to address the AB 747 and SB 99 requirements.

S-3.A
Maintain Records of Geologic and Soils Reports
The City shall file and maintain geologic and soils reports and information by parcel Number or street address, in accordance with the City’s approved Records and Information Management Program Policy.

S-3.1, 3.2
Public Works
Department;
Building Department
Ongoing The Engineering Division maintains an electronic map that shows each location for which a soils report is available. The map also links to the soils reports, which are indexed by parcel.

S-3.B
Work with ACWD to Install Resilient Water Infrastructure The City shall support efforts by the Alameda County\ Water District (ACWD) to design and install seismically-resilient backbone water pipelines in Union City and ensure the availability of potable water supply during an emergency.

S-3.3 Public Works
Department Ongoing
Phase 2 of the ACWD's Seismic Retrofit project is being finalized and is expected to start construction in mid to late 2024. The limits of the project extend from Central Avenue to Decoto Road. A portion of this project consists of making improvements at the water main as it crosses underneath the railroad tracks on Smith Street.

S-6.A
External Adaptation Coordination
The City shall coordinate with other neighboring jurisdictions, regional agencies (e.g., Alameda County Flood Control and Water Conservation District, Alameda County Water District, Union Sanitary District), and community-based organizations, to identify, plan for, and implement adaptation strategies to address the potential impacts of climate hazards (e.g., sea level rise, flooding).

S-6.2
City Manager’s Office,
Economic and
Community
Development
Ongoing
The City partnered with Newark, Fremont, ACWD and USD to develop a Local Hazard Mitigation Plan (LHMP) that identifies, plans and develops action plans that address potential impacts of climate hazards from sea level rise and flooding.

S-6.B
Public Climate Hazard Education and Awareness
The City shall develop a multi-pronged outreach and awareness strategy, partnering with regional and local jurisdictions and organizations to educate residents on their level of risk to climate hazards and actions they could take to become more climate resilient, including the promotion of existing incentive programs.

S-6.3
City Manager’s Office,
Economic and
Community
Development
Ongoing
This program is identified as an action item in the current version of the Local Hazard Mitigation Plan (LHMP) currenlty under review by FEMA and Cal OES. In addition, outreach to the commuity regarding climate hazards and resiliency will also be part of the Climate Action Plan update.

City Council/RSA Agenda 479 Tuesday, May 14, 2024
11 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 S-7.A
Ensure Compliance with Hazardous Materials Regulations
The City shall routinely review the following for compliance with Federal, State, and local laws, regulations, and ordinances:
• Hazardous Materials Release Response Plans and Inventories, • Underground Storage Tanks,
• Above Ground Petroleum Storage Tanks,
• Hazardous Waste Generators
• Onsite Treatment of Hazardous Waste,
• California Accidental Release Prevention Program, and • California Fire Code Hazardous Materials Requirements Facilities shall be inspected in accordance with the required minimum frequency as defined in State law, with a goal of conducting more frequent inspections at higher hazard facilities.

S-7.1, 7.2
Environmental Programs
Division; Economic and
Community
Development
Department; Public
Works Department
Ongoing
Implementation of updates to hazardous materials management regulations has not progeressed due to other Division priorities and low staffing levels. The Division was recently audited by the State of California Environmental Protection Department and received an overall rating of "Satisfactory with Improvement Needed." The two existing staff are working diligently on significant program improvements based on the audit, such as a completely new CUPA Inspection and Enforcement Plan drafted in February 2024, and a new structure of quartely enforcement action. CUPA inspection frequency was exceeded in 2022 due to outstanding effort by the Environmental Programs Inspector, but lagged in 2023.

S-7.B
Hazardous Materials Area Plan
The City shall conduct a complete review of its Hazardous Materials Area Plan every three years and submit certification to the California Office of Emergency Services (Cal OES) in a manner consistent with State law.

S-7.1
Environmental Programs
Division, with review by:

City Manager’s Office;
Economic and
Community
Development
Department; Police
Department;
Fire Department;
Public Works
Department;
Finance Department
FY 20/21
The Hazardous Materials Area Plan was not reviewed annually as required in 2023 due to higher Division priorities and low staffing levels in the Environmental Programs Division. This deficiency was identified in the 2023 CUPA Evaluation Summary of Findings by the CalEPA. The Area Plan was reviewed and revised in February 2024. It is current with changes and improvements expected throughout the year as the Environmental Programs Division significantly revised its plans, policies and procedures as a response to the state CUPA audit.

S-8.A Review Community Noise Ordinance
The City shall review and update the Community Noise Ordinance, as necessary. S-8.13 Economic and
Community
Development
Department; Public
Works Department
FY 21/22 No changes to the Noise Ordinance have been required. City staff addresses individual noise concerns on a case by case basis.

PF-1.A
Capital Improvement Program
The City shall continue to update its Capital Improvement Program every five years to address the city’s existing and projected public facility needs.

PF-1.6, 1.14
Finance Department,
All City departments,
City Council
FY 22/23
and every
five years
thereafter
The City’s 5-Year Capital Improvement Plan (CIP) was adopted June 20, 2023 (Resolution No. 6146-23) for FY 2023-2024 through FY 2027-2028 .

PF-1.B
Fee Schedules Update
The City shall annually review and update its development fees to ensure adequate funding to deliver and maintain the service levels set out in this General Plan.

PF-1.8, 1.9
Finance Department,
All City departments,
City Council
Annually The City annually reviews and updates its fees through the Master Fee Schedule update process.

PF-2.A
Customer Service Improvements
The City shall routinely assess how to improve customer service, including identification of strategies for enhancing customer service at City Hall and other City facilities. Strategies may include access to additional City services online and providing a “one-stop shop” or “concierge” service at City Hall.

PF-2.1, 2.2 City Manager’s Office Ongoing
Goal B. Governance and Organization Effectiveness, of the City's Strategic Plan, work is planned to Increase staff efficiency and responsiveness by improving the design of and access to selfservice options for the public and employees (e.g., human resources portals, permit system, customer service portals); work is planned for FY 23-24 and FY 24-25.

PF-2.B
Comprehensive Operational Audit
The City shall complete a comprehensive operational audit on city policies, procedures, service provision and productivity.

PF-2.4, 2.5 City Manager’s Office
2020, every
5 years
thereafter
The City Manager’s Office continually audits City policies, procedures, service provisions, and productivity in response to both internal and external factors.

PUBLIC FACILITIES AND SERVICES
City Council/RSA Agenda 480 Tuesday, May 14, 2024
12 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 PF-2.C
Develop Renewable Energy Sources at Municipal Facilities The City shall continually seek out opportunities and grant funding for the development of renewable energy sources, such as the installation of photovoltaic systems, at municipal facilities.

PF-2.14, 2.15 Public Works
Department Ongoing City staff continually seeks out grants for upgrades to City facilities including opportunities for renewable energy sources.

PF-3.A
Update City Website to Promote Bay-Friendly Landscaping The City shall update the City website to provide information regarding bay-friendly landscaping, including examples of bay-friendly gardens.

PF-3.8
Economic and
Community
Development
Department
FY 20/21
City staff regularly posts the most up-to-date Landscape guidance on the City's website; including the "Landscape Standards Policy Statement." The Policy Statement features the Bay-Friendly Basics Landscape Checklist, which includes required practices that address established principles for protecting the environment. Also, the City's Clean Water Program website was reviewed and updated in 2023. It contains current links for rain gardens, rain barrels, storm water requirement forms, and links to the Alameda County Clean Water Program website.

PF-6.A
Public Education Program on Waste Reduction, Recycling, Composting, and Green Purchasing
The City shall establish a public education campaign to encourage residents, schools, institutions and businesses to reduce, reuse, recycle, and compost appropriately, and purchase recycled and nontoxic products.

PF-6.5
City Manager’s Office –
Recycling and Solid
Waste
Division
Ongoing
Effective July 1, 2021, the City commenced collecting a fee to assist with funding regulatory obligations pursuant to SB 1383. This act requires public education and outreach to encourage the diversion of organics (compostable materials) from landfill disposal. In October 2021, the City added Chapter 7.24 - Organics Reduction and Recycling Ordinance, to the Union City Municipal Code adopting the countywide Organics Reduction and Recycling Ordinance which mandates various provisions of SB 1383. The City accepted FY 2022-2023 SB 1383 grant funds from CalRecycle in March 2024. The City's Franchise Agreements for landfill, compost, and recycle collection services include public education and outreach obligations which the City manages in concert with its efforts to support the State's landfill regulations such as AB 939, AB 341, AB 1826 and SB 1383. Outreach includes issuing residents and businesses newsletters; annual comprehensive Services Guides; periodic postcards and more and are available for customers to download from: www.UnionCityRecycles.org. Other direct outreach activities include providing technical assistance to multi-family properties and commercial businesses and conducting lid flipping campaigns which include leaving notices on landfill, compost, and compost collection carts and bins.

PF-8.A
Expand High-Speed Internet
The City shall pursue opportunities to expand high speed internet in Union City, including implementing the installation of dark fiber in the Station District, studying the feasibility of expanding dark fiber citywide, and pursuing the ability to connect to BART’s lit fiber network.

PF-8.1, 8.3
City Manager’s Office,
Economic and
Community
Development
Department
Ongoing
Upgrade data connections between City facilities as necessary is in progress. IT and Public Works staff are working to evaluate the cities available conduit and deploy citywide fiber to City intersections and facilities.

PF-8.B
Standards for Broadband Infrastructure
The City shall develop and adopt standards for broadband infrastructure installation, including the development of:
• A dig once, open trench and shadow conduit standard;
• A preferred business model for management and use of city owned telecommunication assets, which may include a master lease agreement;
• Standards for new construction or major remodels;
• Standard specifications for conduit and broadband facilities, permitting procedures and master plans.

PF-8.6
City Manager’s Office,
Public
Works Department,
Economic, Information
Technology, and
Community
Development
Department
2020 New City policies for broadband infrastructure installation are being evaluated for future standards.

PF-8.C
Standards for Small Cell Sites
The City shall establish design standards and a legal framework for accommodating small cell technology in the public rights-of-way.

PF-8.8
City Manager’s Office,
Public Works
Department
2020 In July 2021, “Small Cell” design guidelines were prepared and presented to cellular providers.

To date, the City has entered into Master License Agreements with three providers.

PF-8.D
Broadband Asset Management
The City shall develop a detailed geodatabase of City owned traffic signal and street light conduits and existing fiber optic networks and information regarding ownership.

PF-8.5
City Manager’s Office,
Public Works
Department
2020 The City has added the location of all streetlights to the City’s GIS system. The new system allows pole details to be documented and small cell installation information to be tracked.

PF-8.E
Explore Creation of Internet Connectivity Fee
The City shall explore the creation of an internet connectivity fee to help fund the expansion of broadband access throughout the city.

PF-8.3 City Manager’s Office,
Finance Department 2021 Due to the other Department priorities, this project has not begun.

City Council/RSA Agenda 481 Tuesday, May 14, 2024
13 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 PF-8.F
Cybersecurity Plan
The City shall develop a cybersecurity plan to protect City infrastructure and government data against cyberattacks.

PF-8.10
City Manager’s Office,
as
assigned
FY 20/21
Cybersecurity Manager position has been filled on July 3, 2023: Dwayne Thaele is Union City's Cybersecurity Manager. Tasks completed included:
-Cybersecurity Awareness Training program and policy for all Union City employees -Cybersecurity Roadmap created
-Cybersecurity Assessments and Maturity Model completed -Cybersecurity Risk Register Created
-Migration to new Advanced Fortinet Networking Infrastructure underway -Disaster Response & Business Continuity Planning policy underway -AI Usgae Policy is created and under review
PF-9.A
Police Department Strategic Plan
The City shall maintain and implement a comprehensive Police Department Strategic Plan, based on incremental time periods of three to five years, unless designated otherwise, and shall update the plan periodically as plan items are accomplished or achieved.

PF-9.1-9.8 Police Department
2021, and
updated
every three
to five years,
as
appropriate
The Police Department completed the second year of it's 5-Year Strategic Plan, which emphasized transparency, accountability, and increased communication. Highlights include the 2023 inauguration of a District Policing Model, a pivotal step in fostering community engagement, identifying emerging crime trends, and optimizing resource deployment.

PF-9.B
CALEA Certification
The City Police Department shall seek, earn, and maintain national accreditation by the Commission on Accreditation of Law Enforcement Agencies (CALEA). Being an accredited agency ensures formalization of essential management procedures, fair and nondiscriminatory personnel practices, enhanced crime prevention, increased efficiency of police service delivery to the community, solidified interagency cooperation and coordination, and increased community and staff confidence in the agency.

PF-9.1-9.8 Police Department 2019, and
ongoing
The Police Department continues to pursure other priorities.The Police Department's updated Strategic Plan does not include the pursuit of CALEA Certification as a goal.

PF-9.C
Periodic Staffing Studies
The City Police Department shall conduct periodic staffing studies to determine staffing needs to meet best-practice obligations. These studies, beyond baseline personnel-per-one-thousand staffing ratio formula, shall focus on actual workload demands and community priorities to determine staffing needs to meet those obligations.

PF-9.1 Police Department 2019, and
ongoing
The Police Department continues to complete regular staffing studies, per our 2022-2026 Strategic Plan. These studies have proven beneficial as UCPD boasted the lowest vacancy rate in the county among comparable organizations.

PF-9.D
Assess Police Department Facilities and Equipment Needs Biannually with the preparation of the City budget, the City shall assess local police facilities and equipment needs and develop strategies that strive to maintain the service standards established in Policy PF-9.1.

PF-9.2 Police Department,
City Council
2019, and
ongoing
Aligning with Goal C, Strategy 13, the Police Department has purchased essential equipment which enhances community needs. These items include the Peregrine analysis program and Flock ALPR system. UCPD continues to assess and propose additional enhancements.

PF-12.A
Evaluate Feasibility of Building a New Library
The City shall evaluate the feasibility of funding the construction of a new, state-of-the-art library to implement the Alameda County Library Facilities Master Plan.

PF-12.1
City Manager’s Office,
Public Works
Department
2022 The first step in the process is preparation of a Facilities Master Plan. There is no established timeline to begin this work. This project is currently pending.

PF-12.B Fund Extended Library Hours
The City shall fund extended hours of operation at the library, subject to budgetary constraints. PF-12.2 City Manager’s Office 2020, and
every two
year budget
cycle
thereafter
Based on current budgetary constraints, extension of library hours is not recommended.

RC-3.A
Green Infrastructure Plan
The City shall prepare, adopt, and implement a Green Infrastructure Plan in compliance with NPDES Stormwater Municipal Regional Permit (MRP 2.0) requirements.

RC-3.4, 3.5 Public Works
Department 2019 The City's Green Infrastructure Plan was prepared in compliance with NPDES Stormwater Municipal Regional Permit (MRP 2.0) requirements and was adopted in September 2019.

RESOURCE CONSERVATION
City Council/RSA Agenda 482 Tuesday, May 14, 2024
14 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 RC-4.A Maintain Inventory of Historical Resources
The City shall maintain an inventory of historical resources. RC-4.2, 4.4 Economic and
Community
Development
Department
Ongoing
An Historical Resource Inventory is maintained by the City (i.e., Union City Cultural Resources Survey) and is updated on a project-by-project basis. The City's Landmark and Historic Preservation Ordinance, updated through Ordinance No. 670-06 § 3, in 2006, provides guidance to designate and preserve historic resources.

RC-4.B
Cultural Resources Study Requirement
If a project requires activities that have the potential to impact cultural resources, the City shall require the applicant to retain a qualified archaeologist meeting the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in archaeology and/or an architectural historian meeting the SOI PQS standards in architectural history to complete a Phase 1 cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural resources inventory should include a pedestrian survey of the project site and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present.

Archival research should include a records search conducted at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC). The technical report documenting the Phase 1 cultural resources inventory shall include recommendations to avoid or reduce impacts to cultural resources. These recommendations shall be implemented and incorporated in the project.

RC-4.6, 4.7,

4.8 Economic and
Community
Development
Department
Ongoing
Projects that have the potential to impact cultural resources are addressed on a case by case basis through the City's development review process as part of the California Environmental Quality Act (CEQA) review.

RC-6.A
High-Efficiency or Alternatively-Powered Water Heater Replacement Program The City shall provide educational material and information on the City website and through the Building Division on high-efficiency and alternatively-powered water heater replacement options available to current homeowners considering water heater replacement. The City shall streamline the permitting process for high efficiency and alternatively-powered water heat replacement, and develop appropriate financial incentives by working with energy utilities or other partners.

Replacement water heaters could include high efficiency natural gas (i.e., tankless) or other alternatively-powered water heating systems that reduce or eliminate natural gas usage such as solar water heating systems, tankless or storage electric water heaters, and electric heat pump systems.

RC-6.9
Economic and
Community
Development
Department
FY 22/23 A handout was prepared that addressed alternatively powered water heater replacements, which is available from the Building Division or on-line.

RC-7.A
Update the Climate Action Plan
The City shall periodically update the Climate Action Plan to address municipal operations, maintain compliance with GHG reduction targets set forth by the California Air Resources Board, integrate climate adaptation, and assess and modify existing CAP implementation programs.

RC-7.1, 7.2
Economic and
Community
Development
Department
2020 and
every five
years
thereafter
An update the to City's Climate Action Plan is planned to begin in Fall 2024. The update has been delayed due to several vacanices in the Planning Division.

SA-1.A
Expand Priority Development Area
The City shall work with the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) to expand the Intermodal Station District Priority Development Area (PDA) boundary to encompass the entire Station District.

SA-1.1, 1.3
Economic and
Community
Development
Department
FY 20/21
The 2040 General Plan modified the boundaries of the former Decoto Industrial Park Study Area (DIPSA) Specific Plan area, which was the precursor to the Station District Specific Plan. In 2020, Union City's PDA was expanded for consistency with this expanded boundary and was also incorporated into the Station District Specific Plan.

SPECIAL AREAS
City Council/RSA Agenda 483 Tuesday, May 14, 2024
15 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 SA-1.B
Funding for Station District Public Improvements
The City shall identify and aggressively seek grant funding and other external sources of public funding to finance infrastructure and circulation improvements within the Station District, including:
• Construction of an east entrance to the BART station, including a pedestrian crossing of the Oakland Subdivision railroad tracks;
• Construction of a pedestrian crossing of the Niles Subdivision railroad tracks to link the Core Station District with Station East;
• Improved lighting, sidewalks and pedestrian amenities throughout the Station District, especially along Decoto Road and 7th Street, and within any new developments; • Construction of new streets within the Station East area; • Replace public parking within the Station District that may be removed as a result of redevelopment;
• Construction of Quarry Lakes Parkway; and
• Construction of a passenger rail station at Union City BART.

SA-1.3, 1.7,

1.9 City Manager’s Office,
Economic and
Community
Development
Department,
Administrative Services
Division, and
Public Works
Department
Ongoing
In Summer 2022, the City secured the permits to construct the at-grade crossing from the California Public Utilities Commission and Union Pacific Railroad. The funding sources for design and construction of the atgrade crossing are a grant from the Alameda CTC and 2011 Redevelopment Bonds. Since 2022, City and Union Pacific (UP) staff have met monthly to discuss design submittals, preemption calculations, and the anticipated project schedule. No work has begun on the pedestrian crossing over the Niles Subdivision.

The Station East Mixed Use Residential project was approved in 2021 in the Station East area. The project proposes new streets and related street improvements and improvements along Decoto Road and 7th Street. The project is in the process of obtaining approvals from the Public Works Department and other entities for this work. No parking was removed as a result of the new development. Design work for Quarry Lakes Parkway is underway. Phase 1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study, completed by the Metropolitan Transportation Commission (MTC), identified the Union City Intermodal Station as the preferred location for a “rail to rail” connection between the Altamont Commuter Express (ACE) and BART. Phase 2 of the project is currently underway and entails project development. Union City staff is coordinating with ACE and MTC staff on the project design.

SA-1.C
Update DIPSA Specific Plan
The City shall review and update the Decoto Industrial Park Study Area (DIPSA) Specific Plan for consistency with the General Plan.

SA-1.1, 1.14
City Council,
City Manager’s Office,
Economic and
Community
Development
Department
FY 21/22
The Station District Specific Plan was adopted by City Council in October 2022 (6026-22). The DIPSA Specific Plan was comprehensively updated and rebranded as the Station District Specific Plan.

SA-1.D
Evaluate Impact Fees in the Station District
The City shall re-evaluate impact fees that could be a source of funding for capital improvements in the Station District and assess the need for new fees to address the infrastructure and service impacts of high-density development in the Station District. Alternative sources of funds should be considered, such as infrastructure bonds, if appropriate.

SA-1.7
City Council,
City Manager’s Office,
Finance Department,
Economic and
Community
Development
Department,
Public Works
Department
Ongoing An impact fee study is underway to update to all City development impact fees, including fees that apply to the Station District such as the DIPSA Infrastructure Fee.

SA-1.E
Station District Streetscape Master Plan
The City shall develop a streetscape master plan for the Station District that outlines a unified design theme consisting of landscaping, sidewalks, pedestrian street crossings, and lighting.

Economic and
Community
Development
Department,
Public Works
Department
FY 19/20
through
20/21
The Station District Specific Plan, which was adoped in October 2022, provides details and guidance on streetscape design.

SA-2.A
Issue RFPs for Station District Development
When appropriate, the City shall issue developer requests for proposals to implement General Plan objectives for the Core Station District.

SA-2.9 City Manager’s Office As needed
In June 2021, the City issued a Notice of Availability (NOA), as required by the Surplus Lands Act, for sale of the Gateway site located within the Station District Specific Plan area. In December 2021, the City entered into an Exclusive Negotiating Agreement (ENA) with City Ventures for development of the site, which is still valid.

City Council/RSA Agenda 484 Tuesday, May 14, 2024
16 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 SA-3.A
Evaluate Development of Restoration Site
The City shall evaluate the development potential of and constraints on the Restoration Site and identify steps for redevelopment and reuse of the property.

SA-3.1
City Council,
City Manager’s Office,
Economic and
Community
Development
Department, Public
Works Department
FY 22/23
As part of the Draft 2023-2031 Housing Element update, Policy HE-1.C was added to support the City's goal of developing the Restoration Site, which states “The City shall facilitate development of a mix of high-density residential and office uses on the City-owned Restoration Site by issuing a developer request for proposals and partnering with developers on site remediation to maximize development potential of the site. The City is working on next steps regarding a "Request for Proposals" to bring on an environmental consultant to prepare CEQA documentation to remove the contaminated soil as part of another project.

SA-3.B
Issue RFPs for Station District Development
When appropriate, the City shall issue developer requests for proposals to implement General Plan objectives for the Restoration Site.

SA-3.1, 3.2,

3.3 City Manager’s Office As needed See discussion under SA-3. A.

SA-4.A
Capital Improvements in the Station East Area
The City shall strive to provide capital improvements in the Station East area identified in the DIPSA Specific Plan, General Plan, and other planning documents.

SA-4.21, 4.22
City Council,
Economic and
Community
Development
Department, Public
Works Department
Ongoing Improvements for the At-Grade Pedestrian Crossing To East Plaza project are included in the Capital Improvement Plan for fiscal years 2023/2024, 2024/2025, and 2025/2026.

SA-7.A
Union City Boulevard Area Plan
The City shall prepare and adopt an Area Plan for the transformation of the Union City Boulevard District. The plan shall include:
• A land use and design plan to show how the mix of uses within the district will be physically and functionally integrated, including consideration for the location of residential/ commercial mixeduse within the area; • A detailed circulation plan that addresses the grade separation of the railroad tracks, internal circulation, and pedestrian and bicycle improvements;
• A unified landscape and streetscape plan; and
• An infrastructure improvement and financing plan. The City shall develop a program to recoup the cost of preparing the plan.

SA-7.3
Public Works
Department,
Economic and
Community
Development
Department
FY 21/22 SA-7.A is no longer included as an Implementation Program as was removed as part of a General Plan amendment approved in 2023.

SA-8.A
Cooperate to Address Flood Control
The City shall cooperate with the Alameda County Flood Control and Water Conservation District on any infrastructure improvements to remove the Horner/Veasy Area from the flood plain.

SA-8.1
Public Works
Department,
Economic and
Community
Development
Department
Ongoing
The City works cooperatively with the Alameda County Flood Control and Water Conservation District on projects that impact their facilities. Additionally, the City works with applicants on new development located in flood zones to ensure compliance with applicable requirements to minimize flood risk.

SA-8.B
Ensure Compliance with Amortization
The City shall ensure compliance with the terms of the amortization to cease operation for the following properties that have nonconforming uses in conformance with the dates listed below:
• APN 482-0020-007 (Williams) - September 3, 2023
• APN 482-0027-007-19 (Goncalves) - September 3, 2023
• APN 482-0022-001-02, 482-0022-007, and 482-0022-009-01 (Bertelson) - September 3, 2023 • APNs 482-0020-008-02 and 482-0020-002-03 (Kirby) - January 28, 2024 SA-8.4
City Manager’s Office
and
Economic and
Community
Development
Department
2023 and
2024
The Planning Division will begin outreach in 2024 to impacted property owners letting them know that the Amortization agreements that they entered into 10 years ago will be expiring and they will need to cease activities related to truck parking and outdoor storage.

City Council/RSA Agenda 485 Tuesday, May 14, 2024
17 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 SA-10.A
Evaluate Lighting Levels in the Decoto Neighborhood
The City shall conduct an evaluation of existing lighting levels in the Decoto Neighborhood and shall identify opportunities for enhanced lighting.

SA-10.6 Public Works
Department FY 20/21
The conversion of LED streetlights was initially planned to be carried out by the city's streetlight maintenance contractor. However, a decision was later made to engage a consultant to assess the lighting levels along the high-injury network, as identified in the Local Roadway Safety Plan (LRSP), with a focus on the Decoto neighborhood. In FY 24/25, the city will prepare a RFP to solicit contractors for the project.

SA-11.A
Update Old Alvarado Design Guidelines
The City shall review and update the Old Alvarado Design Guidelines to reflect the development that has occurred since the Guidelines were developed and to provide guidance for areas outside of the Smith Street commercial core including UCB between the Mark Green Sports Center and Bettencourt Way, the Horner Street corridor, and the residential neighborhoods located to the west of Union City Boulevard generally between Marsten Avenue and Cambridge Way, including the Diamond Mines site, and to the east of Union City Boulevard north of Smith Street between Vallejo Street and Watkins Street.

SA-11.1, 11.2,

11.3, 11.5
Economic and
Community
Development
Department
FY 21/22
Amendments were made to Title 18 of the Union City Municipal Code (Ordinance 917-23) to establish objective design and development standards for zoning districts that allow multi-family and/or mixed-use residential development as a permitted or conditional use. The purpose of the amendments is to ensure high-quality design, provide property owners and developers with certainty, streamline the development review process, and comply with recent state housing laws.

The objective development standards were incorporated as a new section (Section 18.24.050:

Building and site design standards) of Chapter 18.24. The new standards apply to the Village Mixed Use (VMU) zoning district, which encompasses the Historic Alvarado District.

SA-11.B
Signage and Branding Program for Historic Alvarado District City shall work with property owners and businesses in the Historic Alvarado District on developing and implementing a signage and branding program for the area.

SA-11.7
Economic and
Community
Development
Department
Ongoing
In 2022, the Public Works Department was moving forward with finalizing the agreement with a vendor to manufacture and install the approved Historic Alvarado wayfinding signage. Due to changes in State law, the City was no longer able to enter into a “Design/Build” agreement with the vendor due to the cost of the work and thePublic Works Department was required to rebid the project. Due to other infrastructure projects moving forward and a lack of staffing, this project has not been rebid.

SA-11.C
Review Permitted Uses in the Zoning Ordinance
The City shall review the Zoning Ordinance to determine if new types of commercial uses should be permitted to strengthen the Smith Street Commercial Core (e.g., wine bars, entertainment uses).

SA-11.8, 11.9
Economic and
Community
Development
Department
FY 19/20
A new zoning district called “Village Mixed Use (VMU)” was developed and applied to the Historic Alvarado District. This work was done as part of the Housing Element Zoning updates (Ordinance 903-22). The VMU Zoning District was based on other mixed use zoning districts and added additional commercial uses beyond what was previously allowed.

SA-12.A
Union Landing Retail Analysis
The City shall prepare a retail analysis to evaluate the changing retail environment and develop strategies to address how Union Landing can adapt. The analysis should consider, among other topics:
• Union Landing’s position in the Interstate 880 corridor; • The changing retail environment for big-box-anchored tenants in centers such as Union Landing;
• Maintaining Union Landing as a sales tax generator and a regional destination; • Adjusting the permitted and conditionally permitted uses and development standards to be competitive in the changing retail marketplace; and
• Strategies to target a supportive mix of tenants when working with 16 different property owners.

SA-12.1, 12.3,

12.7, 12.8,

12.9, 12.10
Economic and
Community
Development
Department
FY 19/20
In 2021, the City hired Kosmont Companies to prepare a Retail Study for Union Landing to analyze local and subregional retail sector trends as well as the City’s existing zoning regulations to ensure that the center was well-positioned. Kosmont staff also spoke with Union Landing property owners and managers to get their feedback. The study informed amendments to Union Landing Commercial (CUL) Zoning District. Some notable trends referenced in the study include:
• Entertainment uses, fitness centers and open space have become new anchor tenants for large shopping centers.
• Service businesses such as restaurants / drinking places expanded most in 15 years and now surpassed retail establishments in U.S. Union Landing has less than 5% of space devoted to service businesses and about 15% for restaurants.
• Consumers are more interested in seeking experiences during shopping trips. .

City Council/RSA Agenda 486 Tuesday, May 14, 2024
18 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 SA-12.B
Update CUL Zoning Provisions
The City shall review and consider updating the standards, allowed uses, and sub-area designations in the Union Landing Commercial (CUL) Zoning District to reflect current conditions and changing markets.

SA-12.1, 12.4,

12.8, 12.9
Economic and
Community
Development
Department
FY 20/21
In summer 2021, the Union Landing Commercial (CUL) Zoning District was amended. The amendments modified the list of permitted and conditionally permitted uses to provide more consistency within subareas, to better reflect current market trends, and to re-designate uses so they are permitted and do not require discretionary review. The amendments updated development type descriptions to provide experience-oriented uses and the addition of breweries and wineries with on-site tasting and food service measuring up to 5,000 sq. ft. were added as a permitted use. The update also included provisions related to trash and recycling facilities, property maintenance, and outdoor dining.

SA-12.C
Guide for Intensification of Union Landing
The City shall work with property owners and tenants to prepare a plan to guide intensification efforts at Union Landing, including a plan for additional development, parking, urban design, plazas and gathering spaces, and pedestrian and automobile circulation improvements to ensure that Union Landing changes over time in order to remain competitive.

SA-12.1,

12.11, 12.13,

12.14 Community
Development
Department,
Public Works
Department
FY 24/25
When this ambitious goal was identified, market conditions supported intensification of the center. However, in the current retail climate including shrinkage of retail square footage, high interest rates, high materials and labor cost, and the decline of retail centers along the I-880, these conditions have made intensification opportunities challenging. As the retail marketplace continues to transform, investor interest in intensifying the center could gain traction. However, until market conditions improve to support intensification, this goal is on hold.

SA-12.D
Union Landing Sign, Wayfinding, and Branding Program
The City shall prepare a comprehensive sign, wayfinding, and branding program for Union Landing.

SA-12.16,

12.18 City Manager’s Office,
Economic and
Community
Development
Department,
Public Works
Department
FY 19/20
A new branding/logo and color pallet was implemented in 2022 and was incorporated into the Gateway Area refresh project described above. Banners reflecting the updated branding were also installed in 2022.

SA-13.A
Rezone Calaveras Landing
The City shall rezone Calaveras Landing consistent with the Regional Retail Commercial land use designation.

SA-13.1, 13.4
Economic and
Community
Development
Department
FY 20/21 The proposed rezoning of the Calaveras Landing Shopping Center from Special Industrial (MS) to Community Commerical (CC) is currently underway.

SA-13.B
Calaveras Landing Sign, Wayfinding, and Branding Program The City shall prepare a comprehensive sign, wayfinding, and branding program for Calaveras Landing.

SA-13.3, 13.3
City Manager’s Office,
Economic and
Community
Development
Department,
Public Works
Department
FY 20/21
City staff will continue to work with the Union Landing Property Owners Association, to identify “place-making” opportunities to make the center a place that shoppers and visitors will enjoy as a clean and a desirable destination.

SA-13.C
Calaveras Landing Retail Analysis
Building off the study conducted for Union Landing (see Program SA-12.A), the City shall prepare a retail analysis to evaluate the changing retail environment and develop strategies to address how Calaveras Landing can adapt. The analysis should consider, among other topics:
• Calaveras Landing’s position in the Interstate 880 corridor; • The changing retail environment for big-box-anchored tenants; • Enhancing Calaveras Landing as a sales tax generator and a regional destination; and • Adjusting the permitted and conditionally permitted uses and development standards to be competitive in the changing retail marketplace.

SA-13.1
Economic and
Community
Development
Department
FY 21/22 Due to other Department priorities, it is anticipated that work on this program will begin in FY 24/25.

City Council/RSA Agenda 487 Tuesday, May 14, 2024
19 GENERAL PLAN IMPLEMENTATION TRACKER
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Updated Status for 2023 SA-14.A
Seek Grant Funding for Access Improvements at the Four Corners The City shall continue to seek grant funding to address issues such as transit access, traffic circulation, and pedestrian access between the Four Corners shopping centers.

SA-14.1, 14.2
Economic and
Community
Development
Department,
Public Works
Department
Ongoing The City is always seeking grant funding for public improvements including the development of bicycle, pedestrian, and transit facilities.

SA-14.B Four Corners Signage and Branding Program
The City shall develop a signage and branding program for the Four Corners shopping area. SA-14.1 Economic and
Community
Development
Department
FY 22/23 Due to other Department priorities, it is anticipated that work on this program will begin in FY 24/25.

City Council/RSA Agenda 488 Tuesday, May 14, 2024
EXHIBIT B*
*Please note that only tables which include information are included in this attachment.

City Council/RSA Agenda 489 Tuesday, May 14, 2024
City Council/RSA Agenda 490 Tuesday, May 14, 2024
Project Identifier Affordability by Household Income - Building Permits Index Current
APN
Street
Address
LowLocal Very Low- Very Low- LowIncome Moderate- Moderate- Above Jurisdiction Income Income Income Non Income Income ModerateTracking ID Deed Non Deed Deed Deed Deed Non Deed Income Restricted Restricted Restricted Restricted Restricted Restricted 486 20 003904500 1203 F ST.

BLDG-23-
026335
486 1928 DALTON 21 005602000 WAY
BLDG-23-
026724
087 379 APPIAN BLDG-22- 22 003801900 WAY 024598
087 388 APPIAN BLDG-22- 23 003802700 WAY 025163
24 48
1 6
3 -3
5 0- 33852 11 TH ST.

BLDG-23-
025891
Grand Totals
0 0
0 0
0 0
0 0
0 0
0 7
0 0
0 0
0 0
0 0
0 0
0 7
0 0
0 0
0 0
1 1
0 0
0 7
0 0
1 1
1 3
Building
Permits
Date
Issued
06/20/2023
09/27/2023
09/07/2023
03/21/2023
06/26/2023
#of
Units
Issued
Building
Permits
1 1
1 1
1 24
City Council/RSA Agenda 491 Tuesday, May 14, 2024
TABLE D - Program Implementation Status *
**Please note that the table below is part of the APR form provided by HCD. Staff tried to increase the font size so it was more legible but could not modify the formatting.

Program Housing Programs Progress Report - Government Code Section 65583 Description Name of
Housing Objective Timeframe in H.E. Status of Program Implementation Element Program
HE-A.a The City shall rezone enough land to accommodate Completed; This program is completed. In Jan 2016, the City Rezone the remaining housin9 need of 154 lower-income and Council ado� ed a General Plan Amendment (CC I
Program (5th 210 above moderate-income units within two years of Resolution 846-16), Zoning Text Amendment Cycle Housing adoption of the Housing Element. The City shall (Ordinance #815-16) and Zoning Map Amendment Element) ensure that the rezoned sites are large enough to (Ordinance #816-16) to redesignate two Housing accommodate a minimum of 16 units per site, will Element rezone sites (PR-3 and PR-4f that tog ether
permit owner-occupied and rental multifamily accommodated 136 lower-income uni sand 1 8 residential uses by-right (without a conditional use above-moderate income units resulting in a remaining permit, planned unit development permit, or other balance 18 lower-income units and 22 above discretionary action), and that at least 50 percent of moderate-income units needed to satisfy the Rezone the remaining need will be accommodated on sites Program objective. In 2018, the City identified the zoned for exclusively residential uses. following three sites to address the remaining need of 18 lower-income units and 22 above-moderate
income units.• Smith Street Mixed-Use Site (rezone I comg leted in April 2018): 18 lower-income units gius
10 a ove moderate-income units for a total of 2
units(Ordinance 851-18) • Florence Street Site - 6
expected above-moderate income units - (no rezone
required) • Vallejo Street Site - 6 above-moderate
income units - (no rezone required). 1 - HE-A.b As a means to assist development of the Station Ongoing The City has continued to participate in the PDA Participate in District, the City shall continue to participate in the grorQam to assist in the development of the Station Priority Priority Development Area (PDA) program, which I istnct, which surrounds the Union City lntermodal Development offers incentives to encourage affordable and high Station. The 2040 General Plan modified the Area Program density housing adjacent to transit. The City shall boundaries of the former Decoto Industrial Park Study (5th Cycle participate through attending PDA meetings, Area (DIPSA) Specific Plan area, which was the Housing implementing the Station District Plan, and facilitating precursor to the Station District Specific Plan. In 2020, Element) housing and employment-related development in the Station District.

Union City's PDA was expanded for consistency with
this expanded boundary and was also incorporated
into the Station District Specific Plan. 1 - HE-A.c The City shall continue to maintain a current inventory Ongoing, update inventory annually The City maintains an inventory of vacant Housing Maintain Vacant of vacant residentially-zoned parcels and associated Element sites, which can be accessed on the City's Land Inventory development potential and a list of recently approved website.

City Council/RSA Agenda 492 Tuesday, May 14, 2024
City Council/RSA Agenda 493 Tuesday, May 14, 2024
City Council/RSA Agenda 494 Tuesday, May 14, 2024
Program Housing Programs Progress Report - Government Code Section 65583 Description Name of
Housing Objective Timeframe in H.E. Status of Program Implementation Element Program
cycle Housing permitted or condItIonaI use on September 26, LUL-'.

Elements) In addition, objective design standards were added to Title 18 for single-fami� residences on September 27,
- --
2022 (Ordinance 900- 2).

HE-1.G SB The City shall establish a written r
rocedure to Ongoing, completed in FY22/23 ECD staff has established written procedures to 35 Procedure implement streamlined ministeria approval in implement streamlined ministerial approval for SB 35 (6th Cycle compliance with Senate Bill 35. I projects.

Housing
- Elements) I
HE-1.H The City shall amend the Zoning Code and establish Completed for FY24/25 the process of establishing In 2023, amendments were made to Chapte 18.32, Development development standards (e.g., minimum lot size, lot development standards Residential Districts, of the Union City Municipal Code Standarads for covera�e, setbacks, height) that facilitate missing (Ordinance 917-23) to facilitate the development of Missing Middle middle ousing in traditionally singlefamily zones. I missing middle housing on September 26, 2023.

Housing Types
(6th Cycle
Housing I
- Element)
HE-1.I The City shall review and amend the Zoning Code to Completed for FY23/24 the process of establishing In 2023, amendments were made to Chapte 18.32, Modify
Development
ensure the height, lot coverage, setback, open space,
parking for studio units, and other development
development standards Residential Districts, of the Union City Municipal Code (Ordinance 917-23) to update standards that apply to
Standards to standards in the RM zones facilitate and do not RM Zoning Districts to facilitate the development of Remove constrain the development of multifamily housing. I multi-family housing on September 26, 2023. � Constraints (6th Cycle Housing
Element)
� -
HE-1.J The City shall work with proper.,; owners on the On� oini
, intiated outreach to pro�
erty owners in Initial outreach to pro�
erty owners who had parcels
Facilitate Site consolidation of parcels in the ousing Element sites FY 3/2 and will then be comple ed annually. that could be consoli ated in the Housing Element Consolidation inventory to facilitate development of the sites for Sites inventory was completed as part of the 6th (6th Cycle
Housing
affordable housing, particularlY. sites LM-3 (ANR Near
BART Site), LM-6 (854 Whipp e Road Site), LM-9
Cycle Housing Element process. Staff will outreach to
property owners annually on parcel consolidation.

Element) (Whipple/Cemex Site), LM-13 (Smith Street Site), and LM-15 (Union City Boulevard Site). The City shall I
continue to process lot mergers ministerially and I provide technical assistance and incentives to property owners on more complicated lot
- consolidations.

HE-1.K The City shall prepare an Annual Prowess Report On� oini complete annual review and submittal of The City prepared its Annual Progress Report and will Annual Review (APR) and hold an annual public hearing to evaluate AP to CD and QPR by April 1; Mid-term evaluation be submitting to HCD and QPR by April 1, 2024. A and Monitoring progress toward meeting the regional housing needs to be submitted by April 1, 2028; public hearing with the City Council to review the (6th Cycle allocation (RHNA) and the objectives of the document is tentatively scheduled for May 14, 2024.

Housing implementation programs. The annual review shall I Element) include a mid-term evaluation at year four of the eight-year cycle. The mid-term evaluation shall
document progress made towards achieving the
affirmatively furthering fair housing (AFFH) program
objectives of the actions identified in Table 4-18. If the evaluation finds that the implementation programs are
not achieving the objectives, the Planning
Commission and City Council shall hold public I hearings to consider and take action to amend programs as appropriate to achieve the Housing
- Element objectives within one year. - -
HE-B.a The City shall continue to implement the Affordable Ongoing, as projects are processed through the The City shall continue to imr lement the Affordable
Affordable Housing Ordinance. Planning Department Housing Ordinance and shal ensure, through Housing conditions of approval, that residential units that are Ordinance (5th I required to sell or rent at below-market-rates and are City Council/RSA Agenda 495 Tuesday, May 14, 2024
City Council/RSA Agenda 496 Tuesday, May 14, 2024
City Council/RSA Agenda 497 Tuesday, May 14, 2024
City Council/RSA Agenda 498 Tuesday, May 14, 2024
City Council/RSA Agenda 499 Tuesday, May 14, 2024
City Council/RSA Agenda 500 Tuesday, May 14, 2024
City Council/RSA Agenda 501 Tuesday, May 14, 2024
City Council/RSA Agenda 502 Tuesday, May 14, 2024
City Council/RSA Agenda 503 Tuesday, May 14, 2024
City Council/RSA Agenda 504 Tuesday, May 14, 2024
City Council/RSA Agenda 505 Tuesday, May 14, 2024
City Council/RSA Agenda 506 Tuesday, May 14, 2024
City Council/RSA Agenda 507 Tuesday, May 14, 2024
City Council/RSA Agenda 508 Tuesday, May 14, 2024
Agenda Item
DATE: MAY 2, 2024
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: 2023 GENERAL PLAN AND HOUSING ANNUAL PROGRESS

REPORTS UPDATE
Staff is requesting that the Planning Commission recommend the City Council accept the attached 2023 General Plan Annual Progress Report, labeled Exhibit A, and the 2023 Housing Element Annual Progress Report, labeled Exhibit B.

Consistent with California Government Code Section 65400(a)(2), the City prepared and submitted the reports to the Governor’s Office of Planning and Research, and to the California Department of Housing and Community Development by the April 1st deadline. In addition, the State requires the reports on the progress of implementing the plans be presented to the City’s legislative body for review and acceptance, which is the City Council. For consistency also with Implementation Program HE-1.K of the Housing Element, it is required that the City prepare an annual progress report and to hold an annual public hearing before the City Council to review the progress of meeting housing needs and implementation objectives of the Housing Element. Because several of the implementation programs include a land use or housing component, staff are also bringing these reports to the Planning Commission as an informational item.

I. BACKGROUND
California Government Code Section 65300 requires each city and county to adopt a general plan for the physical development of the jurisdiction. On December 10, 2019, the City Council adopted the Union City 2040 General Plan. The housing element, a plan to meet the existing and projected housing needs, is one of several mandated elements of a general plan. The City’s 2023-2031 Housing Element was adopted on May 23, 2023.

ATTACHMENT 2
City Council/RSA Agenda 509 Tuesday, May 14, 2024
General Plan and Housing Annual Progress Report Update

Page 2 of 6 ends

Union City City CouncilMay 14, 2024

Union City City Council
May 14, 2024