Agenda packet — Union City City Council, June 11, 2024 (part 1 of 2)

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAMIE PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, June 11, 2024
7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing June 15, 2024, as World Elder Abuse Awareness Day

3.b. Proclamation Recognizing June 19, 2024, As Juneteenth

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

Members of the public who wish to speak to the Council under the City Council/RSA Agenda 1 Tuesday, June 11, 2024
first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

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

5.a. Approve The Minutes Of The May 28, 2024 City Council Regular Meeting

5.b. Adopt A Resolution Authorizing The City Manager To Enter Into An Agreement With Strategic Economic, Inc., In A Form
Approved ByThe City Attorney, In An Amount Not To Exceed $131,138.40 To Update The City's Economic Development
Strategic Plan

5.c. Adopt A Resolution Approving An Amendment To Update The Class Specifications For The Classifications Of Web And Database Administrator And Senior Systems Analyst And
Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The City Of Union City And The Professional Employees Group (PEG)

5.d. Adopt A Resolution Approving An Amendment To Update The Class Specification For The Classification Of Maintenance Trainee - Parks And Grounds

5.e. Adopt A Resolution Approving A List Of Projects For Fiscal Year 2024-2025 Funded By SB 1: The Road Repair And
Accountability Act Of 2017

5.f. Adopt A Resolution Approving The Award Of A Construction Contract To G & G Builders, Inc., In The Amount Of $335,362, Approving A Total Construction Budget In The Amount Of
$352,130, And Authorizing A Budget Transfer, In The Amount Of $352,130, From The Special Parks Fund (Fund 2550) To The Mariner Park Play Equipment & Surface Replacement
Project, City Project, City Project No. 24-13

5.g. Waive Further Reading And Adopt An Ordinance Of The City Council Of The City Of Union City Approving And Re-Adopting A Military Equipment Use Policy As Stated In Chapter 2.62, "Military Equipment Use Policy" Of The Union City Municipal Code In Compliance With Assembly Bill 481

5.h. Waive Further Reading And Adopt An Ordinance Of The City Council Of The City Of Union City Amending Chapter 2.06 “Campaign Contribution Limitations In Municipal Elections” And City Council/RSA Agenda 2 Tuesday, June 11, 2024
Adding Chapter 2.09 “Voluntary Expenditure Limits” To The Union City Municipal Code

6. PUBLIC HEARINGS

6.a. Public Hearing to Adopt A Resolution 1) Approving The FY 24- 25 Community Development Block Grant (CDBG) Annual
Action Plan and 2) Authorizing The City Manager To Submit The FY 24-25 CDBG Annual Action Plan To The U.S. Department Of Housing And Urban Development And To Execute All
Documents Necessary To Secure And Award Funding For The City

6.b. Public Hearing Report On Voting Results On Proposed Increase Of Landfill, Compost, And Recycle Collection
Services Rates For Fiscal Year 2024-2025 And Adopt A
Resolution Establishing Annual Rates For Landfill, Compost, And Recycle Collection Services Effective July 1, 2024 And Amending The Master Fee Schedule For Fiscal Year 2024-
2025 Incorporating The Updated Rates

7. CITY MANAGER REPORTS - None

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BY COUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None

14. ADJOURNMENT

MEETING INFORMATION
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) City Council/RSA Agenda 3 Tuesday, June 11, 2024
not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.

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

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

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

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

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

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

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

City Council/RSA Agenda 4 Tuesday, June 11, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

City Council/RSA Agenda 5 Tuesday, June 11, 2024

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

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

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

City Council/RSA Agenda 6 Tuesday, June 11, 2024
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 7 Tuesday, June 11, 2024

CITY OF UNION CITY

PROCLAMATION
In Recognition of June 15, 2024, as World Elder Abuse Awareness Day WHEREAS, elder abuse is a global issue that affects millions of older adults annually, denying them the right to age with dignity, security, and grace; and
WHEREAS, in the United States, 1 in 10 people over the age of 60 has experienced some form of elder abuse, including physical, emotional, and financial exploitation, with many cases remaining unreported; and WHEREAS, World Elder Abuse Awareness Day provides an opportunity to highlight the signs of elder abuse, support survivors, and enhance resources for those on a path to healing; and WHEREAS, the City of Union City is committed to raising awareness about elder abuse and promoting efforts to protect our elderly population from harm; and WHEREAS, combating elder abuse begins with education and awareness, ensuring that our community recognizes the various forms it can take, including physical violence, psychological abuse, neglect, and financial exploitation; and
WHEREAS, the City of Union City supports initiatives and programs aimed at protecting the elderly, including strengthening Adult Protective Services, providing medical and mental health treatment, and offering legal and financial assistance; and
WHEREAS, the City of Union City stands in solidarity with national and global efforts to protect the elderly from abuse, neglect, and exploitation and is dedicated to fostering a community that values the contributions and rights of its senior citizens.

NOW, THEREFORE, the City Council of the City of Union City does hereby proclaim June 15, 2024, as World Elder Abuse Awareness Day, urging all residents to join in this observance by learning about elder abuse, supporting prevention initiatives, and advocating for the dignity and respect of all older adults in our community.

DATED this 11th day of June 2024
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
JEFF WANG, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 8 Tuesday, June 11, 2024
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 9 Tuesday, June 11, 2024

CITY OF UNION CITY

PROCLAMATION
Recognizing June 19, 2024, as Juneteenth
WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring the slaves in Confederate territory free, paving the way for the passing of the 13th Amendment, which formally abolished slavery in the United States of America; and WHEREAS, word about the signing of the Emancipation Proclamation was delayed over two and half years to June 19, 1865, when Major General Gordon Granger and Union Army troops marched to Galveston, Texas, to enforce the Emancipation Proclamation and free the last enslaved Black Americans in the South; and WHEREAS, June 19th has a special meaning and is called "JUNETEENTH" by combining the words June and Nineteenth, and has been celebrated by the African-American community for over 150 years and commemorates the historical significance of June 19, 1865, nine decades after our Nation’s founding; and WHEREAS, on June 17, 2021, President Joseph R. Biden, Jr. signed the “Juneteenth National Independence Day Act” into law, which designates Juneteenth National Independence Day as a legal federal holiday; and
WHEREAS, Juneteenth is a celebration of freedom, a day that should be recognized by all Americans, especially within the City of Union City, as a commitment to our shared work to ensure racial justice, equity, and equality in America; and
WHEREAS, making Juneteenth a Federal holiday was only one part of ongoing efforts to advance racial equity and ensure that America lives up to its highest ideals, including historic investments in education, economic opportunities, and social justice for Black Americans; and WHEREAS, Juneteenth serves as a reminder of the resilience and contributions of Black Americans throughout our history and encourages us to continue striving for a more just and equitable society.

NOW, THEREFORE, the City Council of the City of Union City does hereby proclaim June 19, 2024, as Juneteenth, urging all residents to celebrate and recognize this important day in our nation’s history.

Description Type
Action Minutes Attachment
City Council/RSA Agenda 11 Tuesday, June 11, 2024
May 28, 2024 | 7:00 PM Page 1 of 6
City Council / Successor Agency
Regular Meeting Minutes

MINUTES

CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, May 28, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
The meeting was called to order by Mayor Dutra-Vernaci at 7:06 PM.

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

1.b. Roll Call
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
Yes
Yes

2. UNFINISHED BUSINESS
There was none.

City Council/RSA Agenda 12 Tuesday, June 11, 2024
May 28, 2024 | 7:00 PM Page 2 of 6
City Council / Successor Agency
Regular Meeting Minutes

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Presentation Recognizing New Haven School Foundation’s 2024 Earth Day Poster Contest Winners
NHSF Earth Day Poster Contest Co-Chair Michael Ritchie provided the presentation to the Council.

3.b. Proclamation Recognizing June 2024 As LGBTQ+ Pride Month Mayor Dutra-Vernaci read the proclamation and presented it to Arts and Culture Commission Chair Anish Mohanty, who made brief remarks.

4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. The following individuals spoke on items that were not on the agenda:

Shamsa Rafay
Carole Yang
Kwok Choi Ng
Jagruti Kakandra
Wendy Huang
GC Wang
Kintao Liu
Lama Stella
Kathy Chen
Indy Rishi Singh
Shareen Ram
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.

5. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

RESULT: Pass
MOVER: Councilmember Singh
SECONDER:Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

5.a. Approve the Minutes Of The May 14, 2024 City Council Regular Meeting A motion was made to approve the minutes.

5.b. Adopt A Resolution Of The City Council Of The City Of Union City, California, Calling And Giving Notice Of The Holding Of A General Municipal Election To Be Held On Tuesday, November 5, 2024, For The Election Of Certain Officers; Requesting The Board Of Supervisors Of The County Of Alameda To Consolidate A General Municipal Election To Be Held On Tuesday, November 5, 2024, With The General Election To Be Held On That Date Pursuant To Section 10002 Of The Elections Code, And Requesting Certain Services Of The Registrar Of Voters; And City Council/RSA Agenda 13 Tuesday, June 11, 2024
May 28, 2024 | 7:00 PM Page 3 of 6
City Council / Successor Agency
Regular Meeting Minutes
Establishing Regulations For Candidate Statements On The Sample Ballot
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6301-24

5.c. Adopt A Resolution Of The City Council Of The City Of Union City Approving The Revised Records And Information Management Policy A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6302-24

5.d. Adopt A Resolution Of The City Council Of The City Of Union City Authorizing The City Manager To Execute A Five-Year Software As A Service Agreement With Granicus For The OneMeeting Agenda And Live Meeting Management Solution For A Not-To-Exceed Aggregate Sum of $250,117.66
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6303-24

5.e. Adopt A Resolution Authorizing The City Manager To Approve A Purchase Order With Tolar Manufacturing Company Of Corona, CA, In The Amount Of $466,201.31, And Amending The FY 2023-2024 Capital Projects Fund Budget, Transferring $31,807.31 In Previously Received Transportation Development Act (TDA) Capital Funds To The Bus Shelter Expansion Project, City Project No. 23-07
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6304-24

5.f. Adopt A Resolution Authorizing The City Manager Or Their Designee To Submit An Application To The Metropolitan Transportation Commission (MTC) For The Allocation Of Fiscal Year 2024-2025 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding, In The Amount Of $227,097 For The Decoto Road Project, Phase 1, City Project No. 23-24
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6305-24

5.g. Adopt Two Resolutions: 1) Approving the Annual Engineer's Report For The Landscape And Lighting Maintenance District LLAD) No. 3; And 2) Declaring The City Council's Intent To Levy And Collect Assessments, And Setting June 25, 2024, As The Public Hearing Date
A motion was made to adopt the resolution.

Enactment No.: Resolution Nos.: 6306-24 and 6307-24

6. PUBLIC HEARINGS
There were none.

City Council/RSA Agenda 14 Tuesday, June 11, 2024
May 28, 2024 | 7:00 PM Page 4 of 6
City Council / Successor Agency
Regular Meeting Minutes

CITY MANAGER REPORTS

7.a. Introduction Of An Ordinance Of The City Council Of The City Of Union City Approving And Re-Adopting A Military Equipment Use Policy As Stated In Chapter 2.62 “Military Equipment Use Policy” Of The Union City Municipal Code; And Review of 2023 Annual Military Equipment Report In Compliance With Assembly Bill 481
Police Lieutenant Shansab provided the staff presentation and responded to questions from councilmembers.

Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.

Motion: Waive full reading and introduce an ordinance of the City Council of the City of Union City approving and re-adopting a Military Equipment Use Policy as stated in Chapter 2.62 “Military Equipment Use Policy” of the Union City Municipal Code.

RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice
Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

7.b. Provide Direction To Consider The Site Of The Larry Orozco Teen Workshop At 33623 Mission Boulevard An Historic Landmark City Manager Malloy provided the staff presentation. She, Economic and Community Development Director Campbell, and Community Recreation Services Director Hahn responded to questions from councilmembers.

Mayor Dutra-Vernaci opened Public Comment. The following speakers spoke on the item:

Arturo Briz
Tom Derris
Rosalinda Miramontes
Ruben Uriarte
Tim Swenson
Lance Nishihira
Chuck Kennedy
Gracie Vasquez
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.

The Council directed staff to:
 Redesignate the property in the General Plan and rezone it as Civic Facilities.
 Bring the item to the Legislation and Policy Committee to assess the cost of conducting a historical property analysis and bring the property/building up to code.

City Council/RSA Agenda 15 Tuesday, June 11, 2024
May 28, 2024 | 7:00 PM Page 5 of 6
City Council / Successor Agency
Regular Meeting Minutes

7.c. Waive Full Reading And Introduce By Title Only An Ordinance Of The City Council Of The City Of Union City Amending Chapter 2.06 “Campaign Contribution Limitations In Municipal Elections” And Adding Chapter

2.09 “Voluntary Expenditure Limits” To The Union City Municipal Code City Attorney Kokotaylo provided the staff presentation and responded to questions from councilmembers.

Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.

Motion: Waive full reading and introduce by title only an ordinance of the City Council of the City of Union City amending Chapter 2.06 “Campaign Contribution Limitations in Municipal Elections” and adding Chapter 2.09 “Voluntary Expenditure Limits” to the Union City Municipal Code. This includes amending Section 2.09.020 (B) to read: “Within three (3) business days after the deadline to file nomination papers, notify the city clerk in writing on a form provided by the City, whether or not they will opt to voluntarily limit their campaign expenditures.”
RESULT: Pass
MOVER: Councilmember Singh
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice
Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

7.d. Provide Direction To Update The Affordable Housing Impact Fee For Single-Family Residential Additions
Housing and Community Development Manager Gomez provided the staff presentation. He and Economic and Community Development Director Campbell responded to questions from councilmembers.

Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.

After a discussion by the City Council, no direction was provided to staff.to amend the Affordable Housing Ordinance.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

9. CITY COMMISSION / COMMITTEE REPORTS
There were none.

10. ITEMS REFERRED BY COUNCIL
Vice Mayor Wang reported on the Alameda County Waste Management Authority.

Councilmember Singh had no report.

City Council/RSA Agenda 16 Tuesday, June 11, 2024
May 28, 2024 | 7:00 PM Page 6 of 6
City Council / Successor Agency
Regular Meeting Minutes
Councilmember Sakakihara reported on the AVA Community Energy Board of Directors.

Councilmember Patiño reported that they will attend a special AVA Community Energy Board of Directors meeting on May 29, 2024.

Mayor Dutra-Vernaci reported on her trip to Washington, D.C., where she represented the cities of Alameda County on the Metropolitan Transportation Commission and the Alameda County Transportation Commission.

11. GOOD OF THE ORDER
Vice Mayor Wang reported his participation at the New Haven Scholarship Award Program and the first AAPI Culture Event in San Francisco.

Councilmember Singh had no report.

Councilmember Sakakihara had no report.

Councilmember Patiño reported on his recent activities, including attending a forum of the Community Leaders of America organization in Denver, Colorado, participating in the National League of Cities Intergenerational Discussion, serving as the guest speaker at the Chapel of the Chimes Memorial Day event, and his upcoming attendance at a League of California Cities workshop on cannabis regulation via Zoom. Additionally, he will be interviewed by Chabot College Alumni.

Mayor Dutra-Vernaci reported her participation in the Annual Optimist Club Police Officer of the Year Recognition event in Newark. She also reminded the Council that she will be out of state during the June 11th City Council meeting. Lastly, she mentioned that she had several meetings regarding Regional Measure 3 funds.

12. CLOSED SESSION
There were none.

13. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:46 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 17 Tuesday, June 11, 2024
Agenda Item
DATE: 6/11/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITYAND

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

ENTER INTO A CONSULTING SERVICES AGREEMENT, WITH
STRATEGIC ECONOMICS, INC., IN A FORM APROVED BY THE CITY ATTORNEY, IN AN AMOUNT NOT TOEXCEED $131,138.40, TO UPDATE THE CITY’S ECONOMIC DEVELOPMENT STRATEGIC PLAN
Staff recommends the City Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Consulting Services Agreement with Strategic Economics, Inc., for a not to exceed amount of $131,138.40 to update the City's Economic Development Strategic Plan. Attached to the draft resolution is a draft Scope of work (Exhibit A).

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with:

Goal A, Strategy 1: Establish a comprehensive fiscal stability and sustainability plan to address the General Fund’s long-term structural deficit; and
Goal C, Strategy 6: Update the Economic Development Strategic Plan to meet the City’s financial goals and build regional partnerships.

BACKGROUND
On January 27, 2015, the City Council adopted the first Economic Development Strategic Plan (ED Strategic Plan) and it was updated in 2019.

The vision for the ED Strategic Plan is to “decrease the City of Union City’s revenue gap by increasing revenues from sales and property taxes; increase the number of high-paying jobs for citizens and others who support our economic vitality; support the improved utilization of vacant commercial/industrial and City Council/RSA Agenda 18 Tuesday, June 11, 2024
underutilized parcels, and warehouse buildings to more efficient uses; and increase the visibility of Union City as a strategic location for innovative businesses and investors.” The ED Strategic Plan focused on three pillars of economic development: business attraction, business retention, and marketing and promotion.

On November 28, 2023, staff provided the City Council with an economic development update which included the goals achieved and strategies implemented. For more information, click here for a link to the staff report for that item. While staff can report success in achieving the goals identified in the strategic plan, a comprehensive update that responds to current market conditions is vital.

DISCUSSION
Union City’s industrial and retail landscape continues to thrive; however, market conditions in the City and the region have changed, which is impacting the City’s fiscal outlook. Strategic Economics, Inc., is a nationally recognized urban economics consulting firm that has submitted a proposal to update the ED Strategic Plan. The update offers the opportunity for staff, the City Council, and stakeholders to create a new roadmap toward fiscal sustainability that allows the City to support long-term fiscal health.

Strategic Economics' recent work includes development of East Bay EDA’s Industrial Lands Tool Kit providing cities, brokers, developers, and business leaders the tools needed to preserve and improve the use of industrial lands with the goal of preserving jobs and revenues so important to cities across the region. Strategic Economics are currently updating economic development strategic plans for the cities of San Leandro and Newark. Their deep understanding of the regional market conditions will be a significant benefit in updating the City’s Economic Development Strategic Plan. The total cost to update the plan is $131,138.40.

See below for an abbreviated scope of work. For a more detailed description of services to be delivered see attached Exhibit A: Scope of Work. The estimated time to prepare the report is approximately 10 to 12 months.

Task1: Project Initiation and Ongoing Project Management Task 2: Prepare a Demographic Profile of Union City’s Population and Workforce Task 3: Conduct a Business Sector and Employment Trend Analysis Task 4:Access Non-Residential Land Supply
Task 5: Conduct Stakeholder Outreach
Task 6: Evaluate the Fiscal Contribution of Non-Residential Land Uses Make to Union City’s Budget
Task 7: Identify Potential Opportunity Sites for Reinvestment or Redevelopment Task 8: Prepare and Present an Economic Assessment Key Findings Report Task 9: Prepare an Internal Staff Economic Development Action or Work Plan

FISCAL IMPACT
Adequate funds are available for the Economic Development Strategic Plan Update; $150,000. was included in the FY 2023-2024 Economic Development Division Budget under “Professional Consulting” (Account No. account 1110-6109-41022-54110). The Scope of Work is not to exceed $131,138.40.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the agreement, in a form approved by City Council/RSA Agenda 19 Tuesday, June 11, 2024
the City Attorney, with Strategic Economics, Inc., in the amount not to exceed $131,238.40, to update the City’s Economic Development Strategic Plan.

Prepared by:

Gloria Ortega, Economic Development Manager
Submitted by:

Gloria Ortega, Economic Development Manager
ATTACHMENTS:

Description Type
Resolution - Economic Development Strategic Plan Resolution Exhibit A - Scope of Work Exhibit
City Council/RSA Agenda 20 Tuesday, June 11, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION AUTHORIZING THE CITY MANAGER TO

ENTER INTO AN CONSULTING SERVICES AGREEMENT
WITH STRATEGIC ECONOMICS, INC., IN A FORM

APPROVED BY THE CITY ATTORNEY, IN AN AMOUNT
NOT TO EXCEED $131,138.40, TO UPDATE THE CITY’S

ECONOMIC DEVELOPMENT STRATEGIC PLAN
WHEREAS on January 27, 2015, the City Council adopted the first Economic Development Strategic Plan (ED Strategic Plan), which was subsequently updated in 2019; and WHEREAS the City Council adopted a city-wide strategic plan in 2019, with subsequent updates in 2021 and in September 2023; and
WHEREAS the City’s Strategic Plan identifies the Economic Development Strategic plan update as an important strategy to respond to changing market conditions; and WHEREAS, the update offers the opportunity for staff, the City Council, and stakeholders the opportunity to create a market-based reality roadmap toward fiscal sustainability that allows the city to support long-term fiscal health; and
WHEREAS the Economic Development budget has funds included in the FY 2023-2024 Budget under “Professional Consulting” (Account No. account 1110-6109-41022-54110) for the consultant’s services; and
WHEREAS Strategic Economics submitted a proposal, labeled Exhibit A, attached hereto and made a part hereof. The firm is currently updating economic development strategic plans for the cities of San Leandro and Newark. Their deep understanding of the regional market conditions will be a significant benefit in updating the City’s Economic Development Strategic Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to enter into a Consulting Services Agreement with Strategic Economics, Inc., in a form approved by the City Attorney, to update the Economic Development Strategic Plan, in a not to exceed the amount of $131,138.40.

City Council/RSA Agenda 21 Tuesday, June 11, 2024
Resolution No. XXXX-24
Strategic Economics, Inc.

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 11th day of June 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 – Scope of Work, Strategic Economics
City Council/RSA Agenda 22 Tuesday, June 11, 2024

UNION CITY ECONOMIC DEVELOPMENT

STRATEGIC PLAN UPDATE
Prepared for:

City of Union City
May 8, 2024
Exhibit A
City Council/RSA Agenda 23 Tuesday, June 11, 2024
Introduction
In 2019 Union City adopted an Economic Development Strategic Plan and a new Economic Development Element of its General Plan. These two documents established a clear direction for the City to take with respect to managing its economic base both to support the City’s fiscal health and provide quality of life amenities for its residents and resident work force. However, in 2020 the COVID19 pandemic began, disrupting economic activity and forcing the City to focus on more short-term priorities.

In 2022 as the City returned more or less to its pre-pandemic levels of economic activity, staff and the City Council commissioned an assessment of the City’s economic development program as the first step towards preparing a new Economic Development Strategic Plan. The goal for this Strategic Plan would be to map out strategies for ensuring that Union City’s commercial lands continue to generate sufficient revenues to support the City’s long-term fiscal health. A key finding from that study was that the City lacked open land to support new development, suggesting that future development necessary to support increased in both property and sales tax revenues would need to come from strategic reuse of existing buildings and/or redevelopment of functionally obsolete properties. Furthermore, this study recommended that Union City conduct a business sector analysis and supporting market studies as the foundation for updating the City’s Economic Development Strategic Plan.

The following scope of work has been structured to provide both the business sector profile and real estate market assessment necessary to understand Union City’s future opportunities for business retention, expansion, and attraction to help sustain a healthy General Fund. This information will also provide the City Council with information necessary to set goals, identify actionable strategies, and provide metrics to measure progress as the core elements of the new Economic Development Strategic Plan.

Scope of Work
TASK 1: PROJECT INITIATION AND ONGOING PROJECT MANAGMENT The Strategic Economics team will meet with Union City staff to confirm, and as necessary, refine this scope of work and schedule. At that time, staff will also provide additional context and background information to support this study. Strategic Economics and staff will also tour Union City’s industrial, retail, and other general commercial areas to gain further insights into the general conditions in these areas including building and business mix. Following this meeting, as needed, Strategic Economics will submit an information request to the City to round out or update the information that has already been provided.

Once the project has started, Strategic Economics and City staff will hold regularly scheduled meetings to review work in progress, discuss share preliminary results, and receive further direction from staff, as needed.

TASK 2: PREPARE A DEMOGRAPHIC PROFILE OF UNION CITY’S POPULATON AND WORKFORCE This task will focus on gathering basic information about Union City residents to understand who they are both as consumers of retail goods and services, and as the City’s resident workforce. Such variables as age, household size, level of educational attainment, occupation, and place of work will City Council/RSA Agenda 24 Tuesday, June 11, 2024
1 Insert Title Here
be quantified. The City’s work force also will be evaluated using variables such as occupational mix, wage ranges, skills levels, occupational mix, and place of residence. Characteristics of the resident workforces and the general work force will be compared to understand how many residents currently work in the City and to the extent to which this resident workforce could either fill local jobs in the future, and/or be part of a draw for companies looking for new locations in the East to be closer to a certain workforce.

TASK 3: CONDUCT A BUSINESS SECTOR AND EMPLOYMENT TREND ANALYSIS As available, data from such sources as Lightcast, the City’s business license database, and Costar will be used to track the City’s evolving economic structure by industry sector. This analysis will consider both the count of establishments and the number of jobs by industry. Assessing how the City’s economy has evolved over time will provide insights into what businesses the City could target for future expansion, attraction, and retention efforts. This data will also be compared to peer cities and the East Bay region past trends and projected growth to understand where Union City might have future opportunities for growth based on potential spillover from elsewhere in the region.

TASK 4: ASSESS NON-RESIDENTIAL LAND SUPPLY
One of the major constraints Union City faces in attracting new business. The City its lacks available land/buildings or sites for existing businesses to grow or new businesses to come in. This task will focus on understanding what parcels within the City might be candidates for redevelopment as well as where recent investment has occurred either through property sales or through building renovation.

The data analysis necessary to conduct this assessment will come from multiple sources including Costar, brokerage reports, County Tax Assessor data, and interviews with brokers, developers, and property owners as appropriate. Variables to consider as part of this task will include but are not limited to the following:
• Building inventory by square footage and building type • Parcel inventory by use and acreage
• Real estate performance data including rents, vacancy rates, and absorption by property/building type
• Property transactions by property type, dollar amount, seller, and buyer for the last five years. • Property ownership patterns
• Business profile by building type
• Building age
• Improvement to land value ratio
• Building permit activity reflecting both new construction and major reinvestment in existing buildings
To provide a detailed picture of land supply and potential opportunity sites, the results of these analyses will be captured in both spatial (map) and tabular formats, as well as by subareas within the City. Union City has three primary industrial areas, four major retail shopping centers, and smaller clusters of both retail and office activity. Strategic Economics will work with the City to further define these areas during Task 1.

City Council/RSA Agenda 25 Tuesday, June 11, 2024
2 Insert Title Here
TASK 5: CONDUCT STAKEHOLDER OUTREACH
Working together, City staff and Strategic Economics will identify a range of key stakeholders to be interviewed through participation in either a focus group, or a one-on-one interview. A likely list of stakeholders would include:
• Major Union City businesses
• Large property owners
• Real estate brokers
• Developers
• Organizations or business related interest groups such as a chamber of commerce Strategic Economics will prepare a brief presentation to share at the beginning of each focus group meeting that will include high level findings from the previous tasks. Discussion questions will be developed in conjunction with staff but will likely focus on asking if the summary findings seem accurate or appropriate, and suggestions for actions the City could take, including offering new services, that could help Union City support its business community.

TASK 6: EVALUATE THE FISCAL CONTRIBUTION NON-RESIDENTIAL LAND USES MAKE TO UNION CITY’S BUDGET
This task will analyze the amount of sales and property tax revenues non-residential land uses generate for the City’s General Fund. To the extent possible, these revenues will be tracked over time by land use, location, industry type, and building type. Strategic Economics will also demonstrate what the net fiscal benefits of redeveloping functionally obsolete industrial or retail properties.

TASK 7: IDENTIFY POTENTIAL OPPORTUNITY SITES FOR REINVESTMENT OR REDEVELOPMENT Strategic Economics will synthesize the findings from Tasks 3-5 to evaluate which sites and areas within the City might have the potential for reinvestment or redevelopment to assist the City’s efforts to support business attraction, retention, and expansion. Zoning and other development standards will also be evaluated as part of this task to determine whether the City needs to make any land use or other policy changes necessary to better support the reuse and redevelopment of its industrial lands. As appropriate, key informant interviews may be conducted to help inform these findings.

This analysis will also consider the implications of this redevelopment potential for creating new employment opportunities in Union City that might match with the skills and occupations of the City’s existing workforce, and its resident workforce, enabling the City to leverage its workforce as part of a broader business support strategy.

TASK 8: PREPARE AND PRESENT AN ECONOMIC ASSESSMENT KEY FINDINGS REPORT Using the findings from Tasks 2-7, Strategic Economics will prepare a preliminary economic assessment key findings report. The purpose of this report is to educate community member, policy makers, and various stakeholders about the status of the non-residential land in Union City in terms of the ways these areas contribute to the City’s fiscal health, evolving economic base, and overall quality of life.

This report will be relatively simple, focusing on key findings with detailed data tables and charts included in appendices. Individual business profiles, case studies, or other qualitative information that can help illustrate the report’s finding will also be included. As a companion to the report, Strategic City Council/RSA Agenda 26 Tuesday, June 11, 2024
3 Insert Title Here
Economics will prepare a power point presentation to be used to share the report’s key findings with policies makers, key stakeholders such as business groups or property owners, and other interested parties.

Strategic Economics and City staff will present the power point to the City Council, Planning Commission, and the Economic Development Advisory Team. Strategic Economics will also hold structured focus group meetings to present the report’s findings and solicit detailed input and feedback from key stakeholders. Feedback from people reviewing the findings will be incorporated into the final version of the economic assessment report.

Task 9: Prepare an Internal Staff Economic Development Action or Work Plan The final outcome of this work will be to work with staff on developing an internal work plan for advancing Union City’s economic development efforts through interdepartmental coordination and collaboration. This document will assist in setting citywide and individual departmental priorities and chart a course forward to help support the City’s fiscal and economic health. This could include identifying a wide range of actions, such as starting a “buy local” campaign to support small independent businesses in Union City.

Budget and Timing
The total budget to complete the scope of work presented above is $131,138.40 including a 20 percent contingency fee. A detailed breakdown of hours by person and task is shown below. The likely time required to complete this assignment is eight to ten months.

City Council/RSA Agenda 27 Tuesday, June 11, 2024
Agenda Item
DATE: 6/11/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO UPDATE

THE CLASS SPECIFICATIONS FOR THE CLASSIFICATIONS OF WEB

AND DATABASE ADMINISTRATOR AND SENIOR SYSTEMS ANALYST

AND APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF

UNION CITYAND THE PROFESSIONAL EMPLOYEES GROUP (PEG)
Staff recommends that the City Council adopt a resolution to approve an update the class specifications of Web and Database Administrator and Senior Systems Analyst and approving and authorizing the City Manager to execute a side letter agreement between the City and Professional Employees Group (PEG).

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning criticalcity services with current staffing levels.

BACKGROUND
As part of a review of the Web and Database Administrator and Senior Systems Analyst job duties and the needs of the City's Information Technology Department relative to align position functions with the appropriate Fair Labor Standards Act (FLSA) exempt status, staff recommends this modification to the classification specification/job descriptions and a side letter agreement to the Memorandum of Understanding (MOU) with PEG.

DISCUSSION
The proposed classification specifications include updating the FLSA status from non exempt, to exempt, to align functions, qualifications, experience and skills expected for the role. At the request of the IT Department City Council/RSA Agenda 28 Tuesday, June 11, 2024
Head, the City had an external consultant analyze two professional IT classifications: Senior Systems Analyst and Web and Database Administrator. The analysis was based on the application of overtime provisions and guidelines established by the Fair Labor Standards Act (FLSA) and California law. Since overtime exemption is subject to both federal and California laws, employers must comply with whichever is the higher standard.

Based on the consultants review of the job specifications, both of these classifications meet the salary and job duties tests for exempt status. The City has met and conferred with PEG regarding the proposed revisions to the class specification and the proposed side letter. No change to the current salary range is recommended at this time. The Information Technology Department worked with the Human Resources Department to ensure the class specifications are updated prior to future recruitments.

FISCAL IMPACT
There is no direct impact for the position specification changes and side letter being proposed. The City will, however, expect to see a cost control in terms of overtime assigned, versus administrative leave applied to these two classifications incumbents.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification/job descriptions of Web and Database Administrator and Senior Systems Analyst and approving and authorizing the City Manager to execute a side letter agreement between the City and PEG.

Prepared by:

Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Web and DatabaseAdministrator Class Specification (Clean) Attachment Senior Systems Analyst Class Specification (Clean) Attachment Web and DatabaseAdministrator Class Specification (Redlined) Attachment Senior Systems Analyst Class Specification (Redlined) Attachment UCand PEGSide LetterAgreement Attachment
City Council/RSA Agenda 29 Tuesday, June 11, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AMENDING THE CLASSIFICATION AND COMPENSATION PLAN TO

UPDATE THE CLASS SPECIFICATION FOR THE CLASSIFICATIONS

OF WEB AND DATABASE ADMINISTRATOR AND SENIOR SYSTEMS

ANALYST AND APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN

THE CITY OF UNION CITY AND THE PROFESSIONAL EMPLOYEES

GROUP (PEG)
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the positions of Web and Database Administrator and Senior Systems Analyst and approve the side letter agreement between the City and Professional Employees Group (PEG); and
WHEREAS, City staff have undertaken an inquiry of the class specification for the positions of Web and Database Administrator and Senior Systems Analyst to reclassify these positions to be FLSA exempt; and in recognition of the Resolution No. 566-20 specifying exempt status for PEG represented employees.

WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness, to align critical city services with current staffing levels by ensuring the accuracy and clarity for the positions of Web and Database Administrator and Senior Systems Analyst; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated Web and Database Administrator and Senior Systems Analyst class specifications, attached hereto and incorporated herein by reference, effective June 11, 2024.

BE IT FURTHER RESOLVED that the City Council hereby approves and authorizes the City Manager to execute the proposed side letter agreement between the City and PEG to reflect the Web and Database Administrator and Senior Systems Analyst class specifications as FLSA exempt, attached hereto and incorporated by reference, and to take such further actions as may be necessary to implement the intent of this Resolution.

City Council/RSA Agenda 30 Tuesday, June 11, 2024
Resolution No. XXXX-24
Resolution Amending Classification and Compensation Plan and Authorizing Side Letter Agreement with PEG

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 this 11th day of June 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 - Web and Database Administrator Class Specification

2. Exhibit B - Senior Systems Analyst Class Specification City Council/RSA Agenda 31 Tuesday, June 11, 2024
1 WEB AND DATABASE ADMINISTRATOR
Bargaining Unit: Professional Employees’ Group
FLSA Status: Exempt
Class Code: 30270
Updated: 6/11/2024

DEFINITION
Under general direction, the Web and Database Administrator coordinates the design, development, programming, and maintenance of the City’s Internet and Intranet web sites; maintains on premise and cloud databases and related services, including the security, effectiveness, efficiency, appeal and troubleshooting of databases; and develops databases and/or web applications that are in compliance with applicable city government requirements, standards and best practices.

CLASS CHARACTERISTICS
This is a journey level position. Incumbents are responsible for website and database administration, including developing and maintaining the City’s internet and intranet web sites, web applications and databases. Work of the Web and Database Administrator requires the consistent exercise of discretion and judgment, using advanced knowledge, and routinely requires systems analysis and/or computer programming.

EXAMPLES OF DUTIES (illustrative only)
• Strategically plan, develop, execute and manage the City website (architecture, format and design) in a way that makes it user friendly and effective; • Design and optimize city Intranet site on SharePoint, using feedback from department leads and power users.
• Ensures the clear, comprehensive and accurate presentation of the City’s on-line presence in the Internet/Intranet web sites.
• Design, develop and maintain web site documents, templates, graphics and navigational tools;
• Work cross-functionally among City departments to determine needs and ensure web solutions are developed to address those needs;
• Collaborate with the Communications and Marketing team to ensure proper branding and messaging is integrated into the architecture and content of the web sites;
• Track, measure and report on key website metrics for effectiveness of customer engagement;
• Keep current on emerging trends to ensure optimal user experience and engagement;
• Design, develop and maintain highly available databases, developing project plans that translate department needs into technical requirements.

City Council/RSA Agenda 32 Tuesday, June 11, 2024
2 • Execute complete database solutions from evaluation to implementation. This may include researching and implementing “off the shelf” database applications or the development of unique in-house applications which should be protected by an appropriate authorization constraint;
• Develop and enforce data management standards and/or new development protocols that promote standards and ensure that all applications are fully compliant with applicable regulations and best practices; • Work closely with IT peers to maintain the integrity of the city’s data through multiple access schemes; facilitate sharing of common data by overseeing proper key and index management. Monitor database backups, install, upgrade and maintain database software; restore and/or recover data as necessary; • Create data flow and data lifecycle documentation; develop and maintain internal database documentation describing requirements, design specifications, implementation and ongoing changes in applicable procedures for use by end users as well as other network personnel.

QUALIFICATIONS
Education and Experience:

Any combination equivalent to experience and education that provides the required knowledge, skills and abilities would be qualifying. A typical way to obtain the knowledge, skills and abilities would be:

Bachelor’s degree in Computer Engineering, Computer Science, Information Systems, Digital Media, Interaction Design or a closely related field from an accredited college or university and five (5) years of progressively responsible professional level work in technology or web-based products and programs.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Knowledge Of:
• Developing and managing websites and web applications using open source tools, languages, libraries and current standards-compliant code; • Web development using HTML, CSS, Drupal, WordPress, ASP, ASP.NET, VB.NET, XML, XSL, XSLT, Java Script and AJAX, PHP;
• Support requirements of large database applications and systems including performance analysis and tuning of high-volume transaction systems; • Building and maintaining SharePoint and Team sites;
• Project management, systems analysis and design for secure web-based and database application development;
• Developing front-end applications and their connections back-end data.

City Council/RSA Agenda 33 Tuesday, June 11, 2024
3 • Standards such as LDAP, HTTP, RSS, ATOM;
• Common enterprise technologies and techniques including caching, locking, fail over and encryption;
• Browser devices and platform differences and idiosyncrasies; • Different website platforms including Civic Plus, Microsoft Azure, etc; • Database software including SQL Server and cloud-based object storage systems like Salesforce;
• Web applications, server, database, and web security protocols.

Ability To:
• Design and implement complex web services and data storage architectures; • Design and manage relational databases;
• Develop a vision for future computing needs and to develop an implementation plan to meet those needs;
• Maintain knowledge of new and current technology and trends; • Develop workarounds to accommodate specialized user/client needs to address compatibility issues;
• Work well independently or as a team member;
• Work under pressure, take initiative and prioritize tasks; good timemanagement, problem solving, and customer service skills; • Train staff in the use web applications and operating procedures; • Always maintain and exercise sound judgment and discretion in handling confidential information and to keep sensitive information strictly confidential and secure.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 34 Tuesday, June 11, 2024
1 SENIOR SYSTEMS ANALYST
Bargaining Unit: Professional Employee’s Group
FLSA Status: Exempt
Class Code: 30260
Created/Updated:
6/11/2024
DEFINITION:

Under the direction of the Information Systems Manager, the Senior Systems Analyst is the technology lead for the planning, design, development, implementation, integration and management of hardware and software applications for the City.

CLASS CHARACTERISITICS:

N/A
EXAMPLES OF DUTIES (illustrative only):
• Assists in the planning, organizing, assigning, directing, reviews and evaluates Information Systems staff, subcontractors and activities. • Assists in the development and implementation of goals, objectives, policies and procedures, and work standards of the department.
• Sets priorities, develops implementations plans and oversees the implementation of Information Systems projects.
• Maintains safe working conditions for the workforce and public. • Utilize computer technology for work management, information management and communications.
• Confers with and provides technical assistance to members of City departments on various computer, telecommunications and other information systems matters; coordinates activities of the divisions with those of other departments and agencies.
• Conducts or directs studies; develops and reviews reports of findings, alternatives and recommendations; directs the maintenance, upgrades and enhancements of the City’s computer, telecommunications and information systems and prepares a variety of periodic and special reports regarding assigned responsibilities.
• Represents the City in meeting with representatives of governmental agencies, professional, business and community organizations and the public; handles complaints and inquiries.
• Works closely with other members of the City’s Management teams to provide coordinated and supportive approach to service delivery.

City Council/RSA Agenda 35 Tuesday, June 11, 2024
2 QUALIFICATIONS:

EDUCATION AND EXPERIENCE:

Education and training equivalent to an AA/AS degree in computer science or related field, ten (10) years’ experience in information systems management, systems analysis/design, network design/support, project management and programming.

Special knowledge of Transaction Processing systems support, Mobile Computer Terminal application support, Computer to Computer inter-systems communications, Computer Aided Dispatching, Emergency 911 and Records Management Systems requirements and functions, and general computer network experience.

Experienced in Linux variations, TCP/IP, and Ethernet transport protocols like EIGRP and BGP.

Experienced in MS Windows 2007, 2010, etc. Active Directory and Domain structures, MS SQL server, MS Exchange.

Experienced in the use of various diagnostic tools including but not limited to: Sniffer, What’s up, LANguard, HP TopTools, HP NetRaid tools, Network Associates / McAfee EPolicy Orchestrator anti-virus utility.

Experienced in backup and recovery processes for raw files, MS Exchange and MS SQL server.

Experienced in both hardware installation and configuration of various CISCO networking products including but not limited to: Nexus series routers, 4500 series routers, 4321 series routers, catalyst series switches, ASA firewalls and VPN concentrators.

Pass a medical examination for employment.

Pass a Police Background examination.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s License.

City Council/RSA Agenda 36 Tuesday, June 11, 2024
3 KNOWLEDGE AND ABILITIES:

Knowledge Of:
• Principles practices, methods and materials for information and telecommunications projects and activities; supervisory principles and methods, including goal setting, employee supervision; safety practices related to the work; work planning, organization and scheduling techniques.

Ability To:
• Plan, organize, assign, direct, review and evaluate information systems and related computer and telecommunications technology; design, develop and implement computer projects, analyze problems, evaluate alternatives and make creative recommendations; establish and maintain effective working relationships with those contacted in the course of the work. • Planning and implementing computer conversions and projects. • Determining user requirements and formulating balanced solutions that take into account current and future needs, priorities, cost-benefits, and other available resources.
• Leading complex projects and budgeting for those projects, including delineating their scope, preparing work plans, resolving conflicts, and overseeing implementation steps.
• Participates in project reporting process.
• Maintaining a customer service orientation with city departments and active liaisons with counterparts in the public, private and professional sectors.

City Council/RSA Agenda 37 Tuesday, June 11, 2024
1 WEB AND DATABASE ADMINISTRATOR
Bargaining Unit: Professional Employees’ Group
FLSA Status: Exempt
Class Code: 30270
Created/Updated: August
2019May 6/11/2024

City Council/RSA Agenda 38 Tuesday, June 11, 2024
2 • Execute complete database solutions from evaluation to implementation. This may include researching and implementing “off the shelf” database applications or the development of unique in-house applications which should be protected by an appropriate authorization constraint;
• Develop and enforce data management standards and/or new development protocols that promote standards and ensure that all applications are fully compliant with applicable regulations and best practices; • Work closely with IT peers to maintain the integrity of the city’s data through multiple access schemes; facilitate sharing of common data by overseeing proper key and index management. Monitor database backups, install, upgrade and maintain database software; restore and/or recover data as necessary; • Create data flow and data lifecycle documentation; develop and maintain internal database documentation describing requirements, design specifications, implementation and ongoing changes in applicable procedures for use by end users as well as other network personnel.

QUALIFICATIONS
Education and Experience:

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

City Council/RSA Agenda 39 Tuesday, June 11, 2024
3 • Standards such as LDAP, HTTP, RSS, ATOM;
• Common enterprise technologies and techniques including caching, locking, fail over and encryption;
• Browser devices and platform differences and idiosyncrasies; • Different website platforms including Civic Plus, Microsoft Azure, etc; • Database software including SQL Server and cloud-based object storage systems like Salesforce;
• Web applications, server, database, and web security protocols.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 40 Tuesday, June 11, 2024
1 SENIOR SYSTEMS ANALYST
Bargaining Unit: Professional Employee’s Group
FLSA Status: Exempt
Class Code: 30260
Created/Updated:
5/1/20186/11/2024
DEFINITION:

CLASS CHARACTERISITICS:

City Council/RSA Agenda 41 Tuesday, June 11, 2024
2 QUALIFICATIONS:

EDUCATION AND EXPERIENCE:

Experienced in Linux variations, TCP/IP, and Ethernet transport protocols like EIGRP and BGP.

Experienced in MS Windows 2007, 2010, etc. Active Directory and Domain structures, MS SQL server, MS Exchange.

Experienced in backup and recovery processes for raw files, MS Exchange and MS SQL server.

Pass a medical examination for employment.

Pass a Police Background examination.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s License.

City Council/RSA Agenda 42 Tuesday, June 11, 2024
3 KNOWLEDGE AND ABILITIES:

City Council/RSA Agenda 43 Tuesday, June 11, 2024
The City of Union City (“City”) and Professional Employees Group (“PEG”) (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2022, through December 31, 2024, to update the positions of Web and Database Administrator (30270) and Senior Systems Analyst (30260).

WHEREAS the Memorandum of Understanding established the Web and Database Administrator and Senior Systems Analyst positions as non-exempt; and
WHEREAS the City and PEG agree to designate the Web and Database Administrator and Senior Systems Analyst positions as exempt, per FLSA guidelines and following independent third-party consultant review; and
WHEREAS the Parties wish to enter into a side letter clarifying and memorializing the Parties’ agreement.

NOW, THEREFORE the Parties agree to amend Appendix A of the Memorandum of Understanding, to revise the classifications of Web and Database Administrator and Senior Systems Analyst to reflect that the positions are FLSA Exempt.

For Union City: For PEG:
___________________________ ___________________________ Joan Malloy, City Manager Valerie Avendano, Unit Leader ___________________________ ___________________________ Jason Castleberry, Human Resources Director Trieu Tran, Unit Leader ___________________________
Sushil Swamy, Representative
___________________________
Kyle Weddington, Representative
Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Professional Employees Group (PEG)
City Council/RSA Agenda 44 Tuesday, June 11, 2024
Agenda Item
DATE: 6/3/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO UPDATE THE

CLASS SPECIFICATION FOR THE CLASSIFICATION OF MAINTENANCE TRAINEE – PARKS AND GROUNDS
Staff recommends that the City Council adopt a resolution to approve an update of the class specification of Maintenance Trainee – Parks and Grounds.

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

BACKGROUND
As part of a review of the Maintenance Trainee – Parks and Grounds job duties and the needs of the City's Public Works Department relative to align position functions with appropriate qualifications and experience expectations, staff recommends minor modifications to the classification specification/job description.

DISCUSSION
The proposed classification specification includes slight modifications to align functions, qualifications, experience and skills expected for the role. Specifically, the work experience and training requirement has been reduced from one year to six months. The goal is to provide clarity on essential functions, qualifications, and certifications during the next recruitment. This minor change willalso broaden the candidate pool in this competitive job market.

The City has met and conferred with the Service Employees International Union (SEIU) regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time. The Public Works Department worked with the Human Resources Department to ensure the class specification is updated prior to future recruitments.

City Council/RSA Agenda 45 Tuesday, June 11, 2024

FISCAL IMPACT
There is no fiscal impact for the position specification changes being proposed.

Prepared by:

Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A - Maintenance Trainee - Parks and Grounds Job Spec (Clean) Exhibit Maintenance Trainee - Parks and Grounds Job Spec (Redline) Attachment City Council/RSA Agenda 46 Tuesday, June 11, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN AMENDMENT TO UPDATE

THE CLASS SPECIFICATION FOR THE
CLASSIFICATION OF MAINTENANCE TRAINEE –

PARKS AND GROUNDS
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the position of Maintenance Trainee – Parks and Grounds WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan to update the class specification for the classification of Maintenance Trainee – Parks and Grounds; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness, to align critical city services with current staffing levels by ensuring the accuracy and clarity for the Maintenance Trainee – Parks and Grounds class specification; and WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated Maintenance Trainee – Parks and Grounds class specification, attached hereto and incorporated herein by reference, effective June 11, 2024.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take further actions as necessary to implement the proposed revisions to the class specification for the Maintenance Trainee – Parks and Grounds classification.

City Council/RSA Agenda 47 Tuesday, June 11, 2024
Resolution No. XXXX-24
Amendment to Update Class Specification: Maintenance Trainee – Parks and Grounds

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 11th day of June 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 – Maintenance Trainee – Parks and Grounds Job Specification City Council/RSA Agenda 48 Tuesday, June 11, 2024
1 MAINTENANCE TRAINEE – PARKS & GROUNDS
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50325
Updated: 6/11/2024
DEFINITION:

Under supervision of the Grounds Supervisor and under direction of the Maintenance II, Parks and Grounds lead person, incumbents in this classification work individually or as a member of a parks and grounds crew in the upkeep of City parks, medians, and satellite facilities including bus, equipment, and flora; perform related work as required.

CLASS CHARACTERISITICS:

Maintenance – Trainee – Is an entry-level trainee position. Incumbents learn to perform the full scope of duties of the Maintenance – I class. This class is alternately staffed with Maintenance – I and incumbents may advance to the higher-level class after gaining experience and demonstrating proficiency which meet the qualifications of the higher level class.

EXAMPLES OF DUTIES (illustrative only):
• Inspect, clean, repair, and maintain City parks and trail system to ensure facilities are safe and usable; inspect, clean, and stock park restrooms; remove refuse from City garbage cans.
• Plant, cultivate, and provide upkeep for City landscapes and parks; mow lawns, replant vegetation, and prune trees, shrubs, and ground covers. • Prepare and apply pesticides, growth regulators, and fertilizers; identify and appropriately label the containers when using these materials; document materials used.
• Paint, sandblast, or otherwise remove graffiti from public properties; paint interiors/exteriors.
• Attend technical and safety on-the-job training sessions; carry out what is learned in the classroom/tailgate training on the job; fill out accident reports if involved in an accident.
• Operate and maintain a variety of hand and power tools used in landscaping, carpentry, electrical, plumbing, concrete work, and welding activities. • Operate and maintain various pieces of medium to heavy equipment including trucks, chippers, backhoes, mowers, and trailers.
• Inspect irrigation systems; repair and renovate the systems by rebuilding and/or installing timers, clocks, wires, pipes, joints, valves, and heads. • Control weeds throughout the City.

QUALIFICATIONS:

City Council/RSA Agenda 49 Tuesday, June 11, 2024
2 EDUCATION AND EXPERIENCE:

Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills and abilities would be:

Six (6) months of general landscaping, grounds, and/or building maintenance work with supplemental coursework in horticulture.

KNOWLEDGE AND ABILITIES:

Knowledge Of:
• Common hand tools, materials, and equipment used in the maintenance of City facilities and grounds; business and shop math; safety standards and procedures; verbal and written communication methods; terminology, practices, and procedures used in facilities and grounds maintenance; basic carpentry, construction, electrical, plumbing, concrete work, and welding methods; disease and pest control of City vegetation.

Ability To:
• Read technical manuals and departmental policies and procedure. • Provide the upkeep for City facilities, equipment, and flora. • Work independently or as a crew member.
• Comprehend and follow written and verbal instructions; interpret and use rough working diagrams; read maps and blueprints.
• Maintain positive contact with employees and the public. • Operate a variety of hand and power tools; operate medium to heavy equipment; work with pesticides, paints, thinners, and other substances. • Obtain and maintain appropriate California license(s) for equipment operation as necessary.
• Physically perform the duties of the job.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s license and have a satisfactory driving record.

Possession of a Department of Pesticide Regulation’s Applicator Certificate with Landscape Maintenance (Category B) for pesticide application within one year of employment.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

City Council/RSA Agenda 50 Tuesday, June 11, 2024
3 The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 51 Tuesday, June 11, 2024
1 MAINTENANCE TRAINEE – PARKS & GROUNDS
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50325
Updated:
8/29/20216/11/202
4 DEFINITION:

CLASS CHARACTERISITICS:

QUALIFICATIONS:

City Council/RSA Agenda 52 Tuesday, June 11, 2024
2 EDUCATION AND EXPERIENCE:

Six (6) months One year of general landscaping, grounds, and/or building maintenance work with supplemental coursework in horticulture.

KNOWLEDGE AND ABILITIES:

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s license and have a satisfactory driving record.

Possession of a Department of Pesticide Regulation’s Applicator Certificate with Landscape Maintenance (Category B) for pesticide application within one year of employment.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

City Council/RSA Agenda 53 Tuesday, June 11, 2024
3 The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 54 Tuesday, June 11, 2024
Agenda Item
DATE: 6/11/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITYACT OF 2017
Staff recommends that City Council adopt a resolution approving a List of Projects for Fiscal Year 2024-2025 funded by SB 1: The Road Repair and Accountability Act of 2017.

STRATEGIC PLAN ALIGNMENT
This is an efficiency and safety improving project and is in alignment with the following:

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

BACKGROUND
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. In order to raise funds to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and roads systems, SB 1 increased per gallon fuel excise taxes, increased diesel fuel sales taxes, and increased vehicle registration fees. It also provides adjustments to tax rates in future years.

As of November 1, 2017, the State Controller began depositing various portions of these funds into the Road Maintenance and Repair Account (RMRA). A percentage of these are to be apportioned by formula to eligible cities and counties, pursuant to Streets and Highway Code (SHC) Section 2032(h), and are intended for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

SB 1 is projected to generate about $1,813,927 in FY 2024-2025 for the City’s share of the Local Streets and Roads (LSR) Program which will be deposited into Union City’s SB 1 RMRA Account (Fund 2515) for the maintenance of the City’s local street and transportation systems.

City Council/RSA Agenda 55 Tuesday, June 11, 2024
The California Transportation Commission (CTC) has set a deadline of July 1, 2024, for the recipients of SB 1 grants to submit a City Council-approved list of projects nominated for funding in FY 2024-2025. Per Streets and Highways Code Section 2034, cities must adopt their project lists by resolution and may not use adopted budgets to apply for SB 1 funding.

Adopted project lists shall comply with the goals of SB 1 legislation in maintaining state and local transportation systems. SB 1 is planned to invest $5 billion annually over the next decade to fix California’s transportation system and will address a backlog of repairs and upgrades while ensuring a cleaner and more sustainable travel network for the future.

DISCUSSION
SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible.

SB 1 will also help the City maintain and rehabilitate major arterial roads throughout the City, maintain sidewalks, streetlights and traffic signals in a safe condition, upgrade traffic signals, streetlights, and street signs, and implement active transportation infrastructure throughout the City.

The List of Projects proposed to be funded by SB 1 revenues, which are projected to be $1,813,927 for Fiscal Year 2024-2025, are noted below.

The following list of newly proposed projects will be funded, in-part, with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Project Title: Annual Citywide Pavement Rehab Project, City Project No. 24-01 Project Description: This annual project will restore the City's surface pavement along its roadway network.

Based on Pavement Condition Index (PCI) assessments through the City's latest Pavement Management Plan (PMP), staff will direct a specific number of streets and roadways to be repaired using several different methods that willcover light maintenance, heavy maintenance, light rehab, heavy rehab, and reconstruction.

Project Location: Citywide
Estimated Project Schedule: Start (10/24) - Completion (12/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years
Project Title: 7th Street Infrastructure Improvements, City Project No. 24-16 Project Description: This project will prepare design concept options to improve bicycle and pedestrian infrastructure along 7th Street, as well as provide connections to the adjacent neighborhoods to increase City’s active transportation network identified in the 2021 Bicycle & Pedestrian Master Plan.

Project Location: 7th Street from Decoto Rd. to Mission Blvd.

Estimated Project Schedule: Start (10/24) -Completion (04/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years.

Project Title: Citywide Sidewalk, Curb & Gutter Replacement Project, City Project No. 24-03 Project Description: Our citywide project will replace approximately 100 to 125 locations where there are deficiencies or tripping hazards in the City’s sidewalks, curbs & gutters. This routine maintenance of infrastructure willensure proper upkeep to minimize injuries to pedestrians and bicyclists of allages and abilities.

Project Location: Various locations throughout the City Estimated Project Schedule: Start (10/24) -Completion (04/25) based on component being funded with RMRA funds.

City Council/RSA Agenda 56 Tuesday, June 11, 2024
Estimated Project Useful Life: 20 years.

The following previously adopted project may utilize Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:

Project Title: Union City Boulevard Bike Lanes Project, City Project No. 17-29 (includes pavement rehabilitation)
Project Description: The project proposes to widen Union City Blvd. (UCB) to accommodate a buffer Class II in each direction by reconstructing the median island and rehabilitate/overlay the existing pavement before implementing the new bikeway facilities including Complete Streets improvements. Other improvements include traffic signals, streetlights, signage/striping and landscaped medians. When completed, the UCB will serve as Union City’s segment of the San Francisco Bay Trail
Project Location: UCB between Smith Street and southern City limits (approximately two miles) Estimated Project Schedule: Start 07/23 and Completion by 07/25 based on component being funded with RMRA funds
Estimate Project Useful Life: 10 Years
Project Title: Street Sweeper Replacement Project # 22-23 Project Description: Replacement of the existing 12-year-old sweeper with modern single engine sweeper that reduces the City’s current carbon foot print. The existing sweeper needs to be replaced because of higher maintenance cost and reliability issues, including challenges in finding replacement parts and passing Opacity inspections.

Project Location: Citywide
Estimated Project Schedule: Start (10/22) -Completion (11/24) based on manufacturer schedule.

Estimated Project Useful Life: 10 years
Project Title:Quarry Lakes Parkway, City Project No. 18-04 Project Description: Construct a new four-lane multimodalcorridor, parallel to Decoto Road from Old Alameda Creek to Mission Blvd with landscape median, buffer bike lanes and separated Class I bikeway/trail. Creates a new access roadway into Union City BART Station and 100-acre TOD site/Station District area. New intersections at Alvarado-Niles Road, 11th Street and 7th Street, realign Quarry Lakes Drive closer to Old Alameda Creek.

Project Location: Southern city limits
Estimated Project Schedule: Start (07/23) -Completion (12/25) based on component being funded with RMRA funds
Estimated Project Useful Life: 15 years
Project Title: Citywide Streetlight LED Conversion Project, City Project No. 22-16 Project Description: This proposes to convert existing induction bulb streetlights to energy-efficient LED streetlights with the city limits. There are approximately 4,000 streetlights throughout the city and this project will also evaluate the required illumination level of these existing streetlights.

Project Location: Citywide
Estimated Project Schedule: Start (10/23) -Completion (12/25) based on component being funded with RMRA funds
Estimated Project Useful Life: 20 years
Project Title: BART PedestrianAt-Grade Crossing, City Project No. 14-14 Project Description: Construct a new pedestrian at-grade (Oakland Sub) crossing to make a new east entrance to Union City BART. Also, improve Decoto Road at-grade crossing and close I Street at-grade (Oakland Sub).

Improve other distance at-grade crossings (Coast Sub/Oakland Sub/Niles Sub) Project Location:east of Union City BART Station
City Council/RSA Agenda 57 Tuesday, June 11, 2024
Estimated Project Schedule: Start (7/24) -Completion (12/25) based on component being funded with RMRA funds
Estimated Project Useful Life: 20 years
Project Title: Decoto Road Project, Phase 1, City Project No. 23-24 Project Description: The project will make repairs to the roadway surface along Decoto Rd., implement Class II buffered bike lanes, make improvements to bike and pedestrian safety, and update ADA access where necessary.

Project Location: Decoto Road from Fremont City Limits to Station Way (BART Station) Estimated Project Schedule: Start (10/23) - Completion (11/24) based on component being funded with RMRA funds.

Estimated Project Useful Life: 10 years
Project Title:Alvarado-Niles Road Multimodal Study, City Project No. 23-25 Project Description:Alvarado-Niles Road is a major transportation corridor within Union City used by automobiles, transit, bicycles and pedestrians enroute to jobs, schools and neighborhoods. It is a major transit route serving UC Transit and AC Transit. This corridor has minimum facilities for bikes and pedestrians with existing Class II bike lanes and 5-foot sidewalk. This project willconsider how to enhance all modes of transportation along the corridor.

Project Location:Alvarado-Niles Road between I-880 and Decoto Road Estimated Project Schedule: Start (10/23) -Completion (12/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years

FISCAL IMPACT
SB 1 is projected to generate approximately $1,813,927 for FY 2024-2025 from the LSR Program that will be deposited into the Union City RMRA Account (Fund 2515) to fund the rehabilitation of local streets and roads.

RECOMMENDATION
Staff recommends that City Council adopt a resolution approving a List of Projects for Fiscal Year 2024-2025 funded by SB 1: The Road Repair and Accountability Act of 2017.

Prepared by:

Trieu Tran, Civil Engineer III
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 - LSRPRFY2024/25 Attachment
City Council/RSA Agenda 58 Tuesday, June 11, 2024

Page 1 of 5 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community which projects have been completed each fiscal year; and
WHEREAS, it is the City's responsibility to adopt by resolution a list of project (s) proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1; and
WHEREAS, This list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,813,927 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and
WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate major arterial roads throughout the City, maintain sidewalks, streetlights and traffic signals in a safe condition, upgrade traffic signals, streetlights, and street signs, and implement active transportation infrastructure throughout the City; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition, and this revenue will help us increase the overall quality of our road system and, over the next decade, will bring our streets and roads into “excellent” condition; and
City Council/RSA Agenda 59 Tuesday, June 11, 2024
Resolution XXXX-24
Adopt List of SB 1 Projects for FY2024-25

Page 2 of 4 ends

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, focusing on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Union City, State of California, as follows:

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: The following list of newly proposed projects will be funded, in part, with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Project Title: Annual Citywide Pavement Rehab Project, City Project No. 24- 01 Project Description: This annual project will restore the City's surface pavement along its roadway network. Based on Pavement Condition Index (PCI) assessments through the City's latest Pavement Management Plan (PMP), staff will direct a specific number of streets and roadways to be repaired using several different methods that will cover light maintenance, heavy maintenance, light rehab, heavy rehab, and reconstruction.

Project Location: Citywide
Estimated Project Schedule: Start (10/24) -Completion (12/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 10 years.

Project Title: 7th Street Infrastructure Improvements, City Project No. 24-16 Project Description: This project will prepare design concept options to improve bicycle and pedestrian infrastructure along 7th Street, as well as provide connections to the adjacent neighborhoods to increase City’s active transportation network identified in the 2021 Bicycle & Pedestrian Master Plan.

Project Location: 7th Street from Decoto Rd. to Mission Blvd.

Estimated Project Schedule: Start (10/24) -Completion (04/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years.

Project Title: Citywide Sidewalk, Curb & Gutter Replacement Project, City Project No. 24-03
Project Description: Our citywide project will replace approximately 100 to 125 locations where there are deficiencies or tripping hazards in the City’s sidewalks, curbs & gutters. This routine maintenance of infrastructure will ensure proper upkeep to minimize injuries to pedestrians and bicyclists of all ages and abilities.

Project Location: Various locations throughout the City Estimated Project Schedule: Start (10/24) -Completion (04/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years.

City Council/RSA Agenda 60 Tuesday, June 11, 2024
Resolution XXXX-24
Adopt List of SB 1 Projects for FY2024-25

Page 3 of 4 ends

SECTION 3: The following previously adopted project may utilize Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:

Estimate Project Useful Life: 10 Years
Project Title: Street Sweeper Replacement Project, City Project No. 22-23 Project Description: Replacement of the two (2) existing 12-year-old sweeper with a modern single engine sweeper that reduces the City’s current carbon footprint. The existing sweeper needs to be replaced because of higher maintenance cost and reliability issues, including challenges in finding replacement parts and passing Opacity inspections. Sweeper have been ordered and are currently being tested for final delivery and operations,
Project Location: Citywide
Estimated Project Schedule: Start (10/22) -Completion (12/24) based on manufacturer schedule.

Estimated Project Useful Life: 10 years.

Project Title: Quarry Lakes Parkway, City Project No. 18-04 Project Description: Construct a new four-lane multimodal corridor, parallel to Decoto Road from Old Alameda Creek to Mission Blvd with landscape median, buffer bike lanes and separated Class I bikeway/trail. Creates a new access roadway into Union City BART Station and 100-acre TOD site/Station District area. New intersections at Alvarado-Niles Road, 11th Street and 7th Street, realign Quarry Lakes Drive closer to Old Alameda Creek.

Project Location: Southern city limits
Estimated Project Schedule: Start (07/23) -Completion (12/26) based on component being funded with RMRA funds.

Estimated Project Useful Life: 15 years.

City Council/RSA Agenda 61 Tuesday, June 11, 2024
Resolution XXXX-24
Adopt List of SB 1 Projects for FY2024-25

Page 4 of 4 ends

Project Title: Citywide Streetlight LED Conversion Project, City Project No. 22-16
Project Description: This proposes to convert existing induction bulb streetlights to energy-efficient LED streetlights within the city limits. There are approximately 4,000 streetlights throughout the city and this project will also evaluate the required illumination level of these existing streetlights.

Project Location: Citywide
Estimated Project Schedule: Start (06/24) -Completion (12/26) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years.

Project Title: BART Pedestrian At-Grade Crossing, City Project No. 14-14 Project Description: Construct a new pedestrian at-grade (Oakland Sub) crossing to make a new east entrance to Union City BART. Also, improve Decoto Road atgrade crossing and close I Street at-grade (Oakland Sub). Improve other distance at-grade crossings (Coast Sub/Oakland Sub/Niles Sub)
Project Location: east of Union City BART Station
Estimated Project Schedule: Start (7/24) -Completion (12/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years.

Project Title: Decoto Road, Phase 1 Project, City Project No. 23-24 Project Description: The project will make repairs to the roadway surface along Decoto Rd., implement Class II buffered bike lanes, make improvements to bike and pedestrian safety, and update ADA access where necessary.

Project Location: Decoto Road from Fremont City Limits to Station Way (BART Station)
Estimated Project Schedule: Start (10/23) -Completion (11/24) based on component being funded with RMRA funds.

Estimated Project Useful Life: 10 years.

Project Title: Alvarado-Niles Road Multimodal Study, City Project No. 23-25 Project Description: Alvarado-Niles Road is a major transportation corridor within Union City used by automobiles, transit, bicycles, and pedestrians enroute to jobs, schools, and neighborhoods. It is a major transit route serving UC Transit and AC Transit. This corridor has minimum facilities for bikes and pedestrians with existing Class II bike lanes and 5-foot sidewalk. This project will consider how to enhance all modes of transportation along the corridor.

Project Location: Alvarado-Niles Road between I-880 and Decoto Road Estimated Project Schedule: Start (12/24) -Completion (12/25) based on component being funded with RMRA funds.

Estimated Project Useful Life: 20 years.

City Council/RSA Agenda 62 Tuesday, June 11, 2024
Resolution XXXX-24
Adopt List of SB 1 Projects for FY2024-25

Page 5 of 4 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City, State of California, this 11th day of June 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 63 Tuesday, June 11, 2024

ATTACHMENT B
Local Streets and Roads - Projected FY2024-25 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated May 2024 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct

ALAMEDA COUNTY
ALAMEDA 497,500 743,539 278,510 678,461 7,500 2,205,509 2,041,273 4,246,782 ALBANY 141,521 211,510 82,660 192,997 5,000 633,688 580,668 1,214,356 BERKELEY 800,652 1,196,615 445,295 1,091,881 10,000 3,544,442 3,285,125 6,829,568 DUBLIN 468,438 700,105 262,521 638,828 7,500 2,077,392 1,922,032 3,999,423 EMERYVILLE 80,096 119,708 48,867 109,230 3,000 360,901 328,639 689,540 FREMONT 1,451,331 2,169,087 803,280 1,979,239 10,000 6,412,936 5,954,903 12,367,839 HAYWARD 1,034,987 1,546,841 574,220 1,411,454 10,000 4,577,503 4,246,620 8,824,123 LIVERMORE 553,546 827,303 309,345 754,893 7,500 2,452,587 2,271,235 4,723,823 NEWARK 299,573 447,727 169,616 408,540 6,000 1,331,456 1,229,167 2,560,623 OAKLAND 2,734,112 4,086,269 1,509,028 3,728,619 10,000 12,068,027 11,218,236 23,286,263 PIEDMONT 71,070 106,217 43,900 96,920 3,000 321,108 291,603 612,711 PLEASANTON 503,345 752,274 281,726 686,432 7,500 2,231,277 2,065,256 4,296,533 SAN LEANDRO 573,480 857,095 320,312 782,078 7,500 2,540,466 2,353,026 4,893,492 UNION CITY 442,091 660,727 248,025 602,897 7,500 1,961,240 1,813,927 3,775,167

ALPINE COUNTY

AMADOR COUNTY
AMADOR 1,262 1,887 5,708 1,722 1,000 11,579 5,180 16,759 IONE 55,863 83,491 45,000 76,183 2,000 262,537 229,211 491,749 JACKSON 32,009 47,840 27,835 43,653 2,000 153,336 131,337 284,673 PLYMOUTH 6,748 10,085 9,656 9,202 1,000 36,691 27,687 64,377 SUTTER CREEK 16,683 24,934 16,806 22,752 1,000 82,174 68,453 150,627

BUTTE COUNTY
BIGGS 12,561 18,774 12,528 17,130 1,000 61,993 51,540 113,533 CHICO 677,897 1,013,152 421,839 924,476 10,000 3,047,364 2,781,457 5,828,821 GRIDLEY 47,645 71,208 34,111 64,975 2,000 219,939 195,490 415,428 OROVILLE 125,809 188,029 82,197 171,571 4,000 571,606 516,204 1,087,810 PARADISE 57,707 86,245 40,301 84,482 2,000 270,735 236,774 507,509

CALAVERAS COUNTY
ANGELS CAMP 23,046 34,443 29,558 31,429 1,000 119,476 94,559 214,036

COLUSA COUNTY
COLUSA 40,575 60,642 21,498 55,334 2,000 180,049 166,482 346,531 WILLIAMS 35,147 52,528 19,264 47,931 2,000 156,870 144,209 301,079 TOTAL Highway Users Tax Acct (HUTA)(1) Streets & Highways Code 20 May 2024 CaliforniaCityFinance.com Page 1 of 16
City Council/RSA Agenda 64 Tuesday, June 11, 2024
Agenda Item
DATE: 6/11/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE AWARD OF A CONSTRUCTION CONTRACT TO G & G BUILDERS, INC., IN THE AMOUNT OF $335,362,

APPROVING A TOTAL CONSTRUCTION BUDGET IN THE AMOUNT OF
$352,130, AND AUTHORIZING A BUDGET TRANSFER, IN THE AMOUNT OF $352,130, FROM THE SPECIAL PARKS FUND (FUND 2550) TO THE MARINER

PARK PLAY EQUIPMENT & SURFACE REPLACEMENT PROJECT, CITY PROJECT NO. 24-13
Staff recommends the City Council adopt a resolution approving the award of a construction contract to G & G Builders, Inc., in the amount of $335,362, approving a total construction budget in the amount of $352,130, and authorizing a budget transfer, in the amount of $352,130, from the Special Parks Fund (Fund 2550) to the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13.

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

Goal D: Create a healthy, sustainable community and maintain and improve the City’s infrastructure.

Strategy 2: Implement the City’s capital improvement plan.

BACKGROUND
Mariner Park, located on the western side of the City, is a small park that serves residents of the Ponderosa Landing neighborhood. The park includes amenities such as a half-basketball court, a looped walking path that includes exercise equipment stations, and a playground with poured-in-place rubber surfacing. While Mariner Park is maintained on a regular schedule, the equipment and surfacing have reached their maximum lifecycle.

Specifically, the playground equipment and surfacing need replacement due to vandalism, lack of affordable and available repair parts, and overall wear and tear.

City Council/RSA Agenda 65 Tuesday, June 11, 2024

DISCUSSION
On March 12, 2024, the City released a Notice Inviting Bids for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13. A total of four bids were submitted on April 9, 2024. On April 15, 2024, after careful review of qualifications and requirements, staff determined that all bids received failed to meet several specific criteria and were deemed non-responsive.

Staff released a second Notice Inviting Bids on April 23, 2024, and received a total of five bids on May 7, 2024.

Staff quickly determined that the lowest responsible and responsive bidder was G & G Builders, Inc., and promptly notified them of their winning bid on May 8, 2024.

The base bid from G & G Builders, Inc., is $278,030, which is $71,970 below the Engineer’s Estimate. Staff recommends adding two optional bid items (swings and an ADA accessible swirl) to bring the total contract amount to $335,362, which is still $14,638 below the Engineer’s Estimate. A standard construction contingency amount of 5% of the contract amount adds $16,768 to the overall construction budget, for a total of $352,130.

Due to equipment order lead times, construction is anticipated to begin in early September 2024 and finish by October 2024.

FISCAL IMPACT
The Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, in the amount of $352,130, will be funded by a budget transfer of $232,130 of available funds in Account Number 2550-3199-91109- 54111 (Special Parks Fund – PW General – Playground Equipment & Fitness Course Repairs – Contractual Services) in FY 2023-2024 and a budget transfer of $120,000 of available funds in Account Number 2550-3199- 91109-54111 (Special Parks Fund – PW General – Playground Equipment & Fitness Course Repairs – Contractual Services) in FY 2024-2025, as identified in the approved 5-year Capital Improvement Program (CIP) for Fiscal Year 2023-2024 through Fiscal Year 2027-2028. There are sufficient available funds to award the contract.

There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution:

1. Approving the award of the construction contract to the low bidder, G & G Builders, Inc., in the amount of $335,362, for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24- 13; and

2. Approving a Total Construction Budget, in the amount of $352,130, for the construction contract and the 5% contingency; and

3. Authorizing a budget transfer of $232,130 from Account Number 2550-3199-91109-54111 (Special Parks Fund – PW General – Playground Equipment & Fitness Course Repairs – Contractual Services) to Account Number 2550-3199-92413-54111 (Special Parks Fund – PW General – Mariner Park Play Equipment & Surface Replacement Project – Contractual Services) in FY 2023-2024; and

4. Authorizing a budget transfer of $120,000 from Account Number 2550-3199-91109-54111 (Special Parks Fund – PW General – Playground Equipment & Fitness Course Repairs – Contractual Services) to Account Number 2550-3199-92413-54111 (Special Parks Fund – PW General – Mariner Park Play Equipment & Surface Replacement Project – Contractual Services) in FY 2024-2025.

Prepared by:

City Council/RSA Agenda 66 Tuesday, June 11, 2024
Trieu Tran, Civil Engineer III
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A - Bid Results Exhibit
Attachment 1 - First Amendment Attachment
City Council/RSA Agenda 67 Tuesday, June 11, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING THE AWARD OF A
CONSTRUCTION CONTRACT TO G & G BUILDERS, INC.,
IN THE AMOUNT OF $335,362, APPROVING A TOTAL
CONSTRUCTION BUDGET IN THE AMOUNT OF $352,130,

AND AUTHORIZING A BUDGET TRANSFER, IN THE
AMOUNT OF $352,130, FROM THE SPECIAL PARKS FUND
(FUND 2550) TO THE MARINER PARK PLAY EQUIPMENT
& SURFACE REPLACEMENT PROJECT, CITY PROJECT
NO. 24-13
WHEREAS, the playground structures and play surface at Mariner Park have been in a state of disrepair and unable to serve the community properly; and WHEREAS, Mariner Park needs replacement of the existing play structure and play surface that are at the end of their useful product lives; and WHEREAS, on March 12, 2024, the City released a Notice Inviting Bids for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, and received a total of four bids on April 9, 2024; and
WHEREAS, on April 15, 2024, staff determined that all bids received failed to meet several specific criteria and were deemed non-responsive; and WHEREAS, on April 23, 2024, the City rebid the Project with a second Notice Inviting Bids and received a total of five bids from prospective bidders on May 7, 2024; and WHEREAS, on May 8, 2024, staff determined that G & G Builders, Inc., was the lowest responsive and responsible bidder, with a total base bid of $278,030, which is $71,970 below the Engineer’s Estimate, attached herein as Exhibit A; and
WHEREAS, staff recommends adding two optional bid items to bring the total contract amount to $335,362, which is still $14,638 below the Engineer’s Estimate; and WHEREAS, the total cost of the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, is $352,130 and includes the purchase and installation of new playground equipment and play surfaces, taxes, bonding, freight, and a 5% construction contingency; and
WHEREAS, the Mariner Park Play Equipment & Surface Replacement Project is expected to begin in September 2024 and is anticipated to be completed by October 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the award of a construction contract to G & G Builders, Inc., in the amount of $335,362; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a Total Construction Budget of $352,130; and
City Council/RSA Agenda 68 Tuesday, June 11, 2024
Resolution No. XXXX-24
Award Contract to G & G Builders, Inc.

Page 2 of 2 ends

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes a budget transfer of $232,130 from Account Number 2550-3199-91109-54111 (Special Parks Fund – PW General – Playground Equipment & Fitness Course Repairs – Contractual Services) to Account Number 2550-3199-92413-54111 (Special Parks Fund – PW General – Mariner Park Play Equipment & Surface Replacement Project – Contractual Services) in FY 2023- 2024; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes a budget transfer of $120,000 from Account Number 2550-3199-91109-54111 (Special Parks Fund – PW General – Playground Equipment & Fitness Course Repairs – Contractual Services) to Account Number 2550-3199-92413-54111 (Special Parks Fund – PW General – Mariner Park Play Equipment & Surface Replacement Project – Contractual Services) in FY 2024- 2025.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of June 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
Attachment:

Exhibit A – Notification of Bid Summary and Results
City Council/RSA Agenda 69 Tuesday, June 11, 2024

Page 1 of 2 ends

May 8, 2024
ATTENTION: All prospective bidders
PROJECT: Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13
SUBJECT: BID SUMMARY & RESULTS
Thank you for your interest in the Mariner Park Play Equipment & Surface Replacement Project.

Bids were opened promptly after 2PM on May 7th, 2024 in the City Council Chambers located at Union City City Hall. Attached you will find the certified Bid Summary from our City Clerk, Thai Nam Pham.

After careful review, we have determined the lowest responsible & responsive bidder to be:

G&G Builders, Inc. - Livermore, CA : California License #750759 Other low bidder was found to be non-responsive due to:
 Failure to meet contractor’s license requirement (Contractor’s License Required, Pg. 9) ___________________________________
Trieu Tran, PE
Civil Engineer III
City of Union City
Trieu Tran City Council/RSA Agenda 70 Tuesday, June 11, 2024 City Council/RSA Agenda 71 Tuesday, June 11, 2024
1 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

AGREEMENT

MARINER PARK PLAY EQUIPMENT AND SURFACE REPLACEMENT PROJECT CITY PROJECT NO. 24-13
The City of Union City (“City”) enters into this contract (“Agreement”), dated for reference purposes only, G & G Builders, Inc. (“Contractor”).

RECITALS

1. NOTICE INVITING BIDS. The City gave Notice Inviting Bids for the submission of bids on or before 2:00 PM PST on May 7, 2024, for the Mariner Park Play Equipment and Surface Replacement Project, City Project No. 24-13, (“Project”) by published notice and/or posting in accordance with California Public Contract Code Section 20164 and other applicable laws and regulations.

2. BID OPENING. At 2:00 PM, Pacific Standard Time, on Tuesday, May 7, 2024, City representatives opened the bids for the Project and read the bids aloud.

3. PROJECT AWARD. On the date of June 11, 2024, the City Council awarded the Project to the Contractor and directed City staff to send the Contractor written Notice of Award of the project. The City Council conditioned the award of the project on the Contractor’s providing complete, accurate, and executed copies of all documents specified in the Contract Check List included in the bid package within ten (10) working days of receiving written Notice of Award of the project.

4. REQUIRED DOCUMENTS. The Contractor has provided the City with complete, accurate, and executed copies of all documents specified in the Contract Check List included in the bid package within ten (10) working days of receiving written Notice of Award.

AGREEMENT TERMS
The City and the Contractor agree as follows:

1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, services, labor, materials, and skill necessary to perform and complete in a good and workmanlike manner the construction of the Project (“Work”) as shown in the bid package and in accordance with the Contract Documents and applicable laws and regulations.

2. LOCATION OF WORK. The Work will be performed at the location(s) listed in the Project Plans and Technical Specifications.

City Council/RSA Agenda 72 Tuesday, June 11, 2024
2 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within 40 Working Days from the date specified in the City’s Notice to Proceed (“Time for Completion”).

4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, or as such time may be amended by Change Order or other amendment or modification to this Agreement in accordance with its terms and conditions, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this Agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable laws and regulations. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, an assessment of Liquidated Damages of no more than One Thousand Dollars ($1,000) per day for each and every calendar day’s delay in finishing the work in accordance with California Government Code Section 53069.85 and the Contract Documents, and/or obtaining or providing for substitute performance in accordance with the Contract Documents. In addition, further requirements for timely completion of individual portions of the project are listed in the General and Special Conditions, Project Plans and Technical Specifications.

5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of Three Hundred Thirty-Five Thousand Three Hundred Sixty-Two Dollars ($335,362) (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule form dated May 7, 2024, and attached to and incorporated in this Agreement. Payment to the Contractor under this Agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable laws and regulations. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this Agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this Agreement is subject to and may be offset by charges that may apply to the Contractor under this Agreement. Such charges include, but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.

6. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in City Council/RSA Agenda 73 Tuesday, June 11, 2024
3 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13
performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department - City of Union City, 34009 Alvarado-Niles Road, Union City, California 94587, and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.

Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7. THE CONTRACT DOCUMENTS. This Agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this Agreement as if set forth in full as one contract. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:

7.1 This agreement and Change Orders and other amendments to the Agreement signed by authorized representatives of the City and the Contractor.

7.2 The Special Conditions, General Conditions and change orders and other amendments to the General Conditions signed by authorized representatives of the City and the Contractor.

City Council/RSA Agenda 74 Tuesday, June 11, 2024
4 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

7.3 The Technical Specifications, addenda to the Technical Specifications signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor.

7.3 Project Plans and Technical Specifications, and Addenda to the Project Plans and Technical Specifications signed by authorized representatives of the City and issued prior to bid opening; Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening; and Change Orders and other amendments to the Project Plans and Technical Specifications or Equal Product Proposals signed by authorized representatives of the City and the Contractor.

7.4 Notice Inviting Bids

7.5 Contract Check List and Bidder’s Check List, and Addenda to the Contract Check List and Bidder’s Check List signed by authorized representatives of the City and issued prior to bid opening.

7.6 Proposal to the City Council, Bid Schedule, List of Subcontractors and Bid Label, and amendments to the Proposal to the City Council, Bid Schedule, List of Subcontractors and Bid Label that are written and initialed by the individual signing the bid.

7.7 Bidder’s Bond and amendments to the Bidder’s Bond written and initialed by the individual signing the bid; Performance Bond and Payment/Labor and Materials Bond signed by the Contractor and the Surety; and Maintenance Bond, which must be executed prior to release of final payment under the Contract Documents, signed by the Contractor and the Contractor’s surety or sureties.

7.8 Optional Escrow Agreement for Security Deposits in Lieu of Retention.

7.9 Release Forms, if applicable.

7.10 Certificates of Insurance and Endorsements.

7.11 Title 23, United States Code Section 112 No-collusion Statement.

7.12 California Public Contract Code Section 10285.1 Statement; California Public Contract Code Section 10162 Questionnaire; California Public Contract Code Section 10232 Statement; and California Public Contract Code Section 7106 Noncollusion Declaration to be Executed by Bidder and Submitted with Bid.

City Council/RSA Agenda 75 Tuesday, June 11, 2024
5 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

7.13 Form 1093 Affirmative Action Program Amendment to Subcontract; Form 1094 Questionnaire on Personnel Practices for Contractors; Form 1095 Notice: This Company is an Equal Opportunity Employer; and Experience and Financial Questionnaire.

7.14 Exhibit A - Federal Requirements, which are applicable for the Project because it is funded with monies from the Community Development Block Grant (“CDBG”) Program.

8. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent, nature, scope or meaning of any provision of the Contract Documents, including, but not limited to, the Project Plans and Technical Specifications, must be submitted to the Public Works Director, or his/her designee, for issuance of an interpretation and/or decision on behalf of the City and in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of the Public Works Director, or his/her designee, is binding on the Contractor and shall be final.

9. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this Agreement, or any moneys due or to become under this Agreement, or any other right or interest of the Contractor under this Agreement, or delegate any obligation or duty of the Contractor under this Agreement, without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s surety or sureties will be void and a material breach of this Agreement subject to all available remedies under the Contract Documents and at law and equity.

10. CERTIFICATION RE CONTRACTOR’S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Class A and/or Class C-61 Limited Specialty Subcategory D-34 Prefabricated Equipment Contractor’s License issued by the Contractors State License Board of California, and that the Contractor understands that failure to maintain its license(s) in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Public Contract Code, California Business and Professions Code and other applicable laws and regulations, and may constitute a material breach of this Agreement subject to all available remedies under the Contract Documents and at law and equity.

11. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City shall provide the Contractor with timely notice of claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification.

City Council/RSA Agenda 76 Tuesday, June 11, 2024
6 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

Executed on , by
CITY OF UNION CITY, G & G BUILDERS, INC.

A Municipal Corporation
____________________________ ______________________________

JOAN MALLOY, CITY MANAGER GERARD CALLAHAN, RESIDENT
ATTEST:
___________________________

THAI NAM PHAM

CITY CLERK
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY

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11 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City Council of the City of Union City has awarded to G & G Builders, Inc. (“PRINCIPAL”) a contract for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, which all of the contract documents as defined therein (“Agreement”) are hereby made a part hereof; and WHEREAS, the PRINCIPAL is required under the terms of the Agreement to furnish a bond for the correction of any defects due to defective materials or workmanship in the work performed under the Agreement;
NOW, THEREFORE, we the PRINCIPAL and the undersigned
_______________________, as surety (“SURETY”), an admitted surety insurer authorized to do business in the State of California, are held and firmly bound unto the City of Union City, (“OBLIGEE”), in the penal sum of Thirty-Three Thousand Five Hundred Thirty-Six Dollars ($33,536), lawful money of the United States, being a sum not less than ten percent (10%) of the final Agreement price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if, during a maintenance period of one (1) year from the date of acceptance by the OBLIGEE of the contracted work, the PRINCIPAL upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects within seven (7) days from the date of said notice, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

If any action shall be brought by the OBLIGEE upon this bond, a reasonable attorney’s fee, to be fixed by the Court, shall be and become a part of OBLIGEE’s judgment in any such action.

No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the OBLIGEE named herein or the heirs, executors, administrator or successor of the OBLIGEE.

City Council/RSA Agenda 86 Tuesday, June 11, 2024
12 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this ____________ day of _______________, _______ the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) PRINCIPAL
By:
(Acknowledgement)
Title:
(Corporate Seal) SURETY
By:
(Attorney-In-Fact)
(Acknowledgement) Title:
(NOTE TO SURETY COMPANY: A certified copy of unrevoked resolution of authority for the attorney-in-fact must be submitted with and attached to the executed bid bond.) City Council/RSA Agenda 87 Tuesday, June 11, 2024
13 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

OPTIONAL

ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Union City, whose address is 34009 Alvarado-Niles Road, Union City, California 94587, hereinafter called "City”, G & G Builders, Inc., whose address is 4542 Contractors Place, Livermore, CA 94551, hereinafter called "Contractor", and _____________________________, whose address is
_____________________________, hereinafter called “Escrow Agent” For consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:

1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for the project Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13 in the amount Three Hundred Thirty-Five Thousand Three Hundred Sixty-Two Dollars ($335,362) dated __________________ (hereinafter referred to as the "Contract').

Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor.

Securities shall be held in the name of _________________________ and shall designate the Contractor as the beneficial owner.

2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investments of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City.

These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.

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14 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by contractor at any time and from tune to time without notice to the City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day's written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.

8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

10.The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:

On behalf of City: On Behalf of Contractor:
___________________________ ___________________________ Title Title
___________________________ ___________________________ Name Name
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City Council/RSA Agenda 90 Tuesday, June 11, 2024
City Council/RSA Agenda 91 Tuesday, June 11, 2024
City Council/RSA Agenda 92 Tuesday, June 11, 2024
15 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
CALIFORNIA LABOR CODE SECTION 1861
WORKER’S COMPENSATION INSURANCE CERTIFICATION
In accordance with California Labor Code Section 1861, each contractor to whom a public works contract is awarded shall file with the awarding body the following certification prior to performing the work of the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” I, the undersigned, on behalf of _______________________________, the contractor, declare under penalty of perjury under the laws of the State of California that I understand and assent to the foregoing terms and so submit this certification.

Name and Title/Position of Signature
Authorized Company Representative

Date
City Council/RSA Agenda 93 Tuesday, June 11, 2024
City Council/RSA Agenda 94 Tuesday, June 11, 2024
City Council/RSA Agenda 95 Tuesday, June 11, 2024
21 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

RELEASE FORMS

1. Form No.1: Conditional Waiver and Release upon Progress Payment

2. Form No. 2: Unconditional Waiver and Release upon Progress Payment

3. Form No. 3: Conditional Waiver and Release upon Final Payment

4. Form No. 4. Unconditional Waiver and Release upon Final Payment

5. Form No. 5: Release of All Claims
City Council/RSA Agenda 96 Tuesday, June 11, 2024
22 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 1
CALIFORNIA CIVIL CODE SECTION 8132

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT

RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Through Date:

Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:

Maker of Check:

Amount of Check: $
Check Payable to:

City Council/RSA Agenda 97 Tuesday, June 11, 2024
23 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:

Date(s) of waiver and release:

Amount(s) of unpaid progress payment(s): $
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

City Council/RSA Agenda 98 Tuesday, June 11, 2024
24 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 2
CALIFORNIA CIVIL CODE SECTION 8134

UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT

NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Through Date:

Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment:
$
Exceptions
This document does not affect any of the following:

City Council/RSA Agenda 99 Tuesday, June 11, 2024
25 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

City Council/RSA Agenda 100 Tuesday, June 11, 2024
26 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 3
CALIFORNIA CIVIL CODE SECTION 8136

CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT

RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:

Maker of Check:

Amount of Check: $
Check Payable to:

City Council/RSA Agenda 101 Tuesday, June 11, 2024
27 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13
Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

City Council/RSA Agenda 102 Tuesday, June 11, 2024
28 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 4
CALIFORNIA CIVIL CODE SECTION 8138

UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE,

AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.

Exceptions
This document does not affect the following:

Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

City Council/RSA Agenda 103 Tuesday, June 11, 2024
29 Agreement between City of Union
City and G & G Builders, Inc.,
City Project No. 24-13

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 5

RELEASE OF ALL CLAIMS
In consideration of final payment of undisputed contract amounts relating to the Agreement for Work on Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, (“Project”), the Contractor hereby releases the City of Union City (“City”) from any and all claims for payment on the project Work, except for any disputed Work and any disputed amounts set forth below:

DESCRIPTION OF DISPUTED WORK CHECK IF NONE:________
DESCRIPTION OF DISPUTED AMOUNTS CHECK IF NONE:________
The Contractor acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Contractor, in that connection, acknowledges that it may have sustained damages, losses, costs or expenses that are presently unknown to the Contractor or damages, losses, costs or expenses which have already been sustained but which may give rise to additional damages, losses, costs or expenses in the future. Nevertheless, the Contractor acknowledges that this Release of All Claims has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code Section 1542 or under any other state or federal statutes, regulations or common law principle of similar effect.

Name of Contractor:

By (Signature):

Printed Name:

Official Title:

City Council/RSA Agenda 104 Tuesday, June 11, 2024
Agenda Item
DATE: 6/11/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JARED RINETTI, POLICE CHIEF
SUBJECT: WAIVE FURTHER READING AND ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF UNION CITYAPPROVING AND READOPTING A MILITARY EQUIPMENT USE POLICYAS STATED IN CHAPTER 2.62, "MILITARY EQUIPMENT USE POLICY" OF THE UNION CITY MUNICIPAL CODE IN COMPLIANCE WITHASSEMBLY BILL 481 On May 28, 2024, the City Council held a public hearing and unanimously voted to introduce an Ordinance approving and re-adopting a military equipment use policy. Staff now recommends that the City Council waive further reading and adopt the ordinance in compliance with AB 481.

STRATEGIC PLAN ALIGNMENT
Goal C: Economic, Community development and Public Safety Strategy 13:Align public safety services with community needs

BACKGROUND
Effective January 1, 2022, Assembly Bill 481 (AB 481) was enacted and can be referenced in Government Code (GC) section 7070 through 7075. AB 481 requires the City of Union City Police Department (UCPD) obtain annual City Councilapproval of a military equipment use policy by Ordinance before purchasing, raising funds for, acquiring or using "military equipment" as defined in Government Code §7070(c).

Under AB 481, the City Council must annually review a Military Equipment Annual Use Report and proposed Military Equipment Use Policy during a City Council meeting and may only re-approve the policy if it makes specific findings regarding the equipment including safeguards, cost effectiveness, reasonableness of use, and fiscal impact.

In compliance with AB 481, UCPD submitted its previously approved Military Equipment Use Policy 709 (Policy) and Annual Use Report to City Council and released these items to the community via its webpage at least thirty (30) days prior to City Council’s consideration of the agenda item, in compliance with Government Code §7071(b). A public community meeting was held on May 20th, 2024 within thirty (30) days of release of City Council/RSA Agenda 105 Tuesday, June 11, 2024
the Annual Use Report in compliance with Government Code §7072(b).

DISCUSSION
On May 28, 2024, the City Council voted unanimously to introduce by title only an Ordinance to approve and re-adopt a Military Equipment Use Policy as stated in Chapter 2.62, “Military Equipment Use Policy” of the Union City Municipal Code. This ordinance confirms City Council’s approval of the proposed Policy establishing procedures associated with the continued and future use of military equipment by the Union City Police Department.

Should the City Council choose to waive the further reading and adopt the ordinance approving and readopting the Military Equipment Use Policy, the ordinance would be effective thirty days from the second reading.

FISCAL IMPACT
There is no impact to the General Fund. Ongoing compliance with the provisions of AB 481 will be managed by existing staff through the adopted budget.

RECOMMENDATION
Staff recommends the City Council waive further reading and adopt an Ordinance approving and re-adopting a Military Equipment Use policy as stated in Chapter 2.62, “Military Equipment Use Policy” of the Union City Municipal Code in compliance with AB 481.

Prepared by:

Brian Baumgartner, Police Captain
Submitted by:

Brian Baumgartner, Police Captain
ATTACHMENTS:

Description Type
Proposed Ordinance Ordinance
Exhibit A - Military Equipment Policy Exhibit
Exhibit B- 2023 Military Equipment Inventory Exhibit
Exhibit C- 2023 Military Equipment Use Report Exhibit
May 24, 2024 City Council Staff Report Attachment
City Council/RSA Agenda 106 Tuesday, June 11, 2024

Page 1 of 5 ends

ORDINANCE NO. XXX-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF UNION CITY APPROVING AND RE-ADOPTING A

MILITARY EQUIPMENT USE POLICY AS STATED IN
CHAPTER 2.62 “MILITARY EQUIPMENT USE POLICY”

OF THE UNION CITY MUNICIPAL CODE, IN
COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified in California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070(c); and
WHEREAS, the policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process applicable to the police department’s use of such equipment; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code section 7071(d); and
WHEREAS, on June 14, 2022, the City Council adopted Ordinance 899-22 approving and adopting a military equipment use policy identified as Union City Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code Section 7071(d); and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
City Council/RSA Agenda 107 Tuesday, June 11, 2024
Ordinance No. XXX-24
Readopting Military Use Equipment Pursuant to AB 481

Page 2 of 5 ends

WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and City Council/RSA Agenda 108 Tuesday, June 11, 2024
Ordinance No. XXX-24
Readopting Military Use Equipment Pursuant to AB 481

Page 3 of 5 ends

WHEREAS, the Union City Police Department’s annual military equipment report and policy was posted on the department’s internet website on May 8th, 2024, and no more than thirty (30) days prior to the well-publicized public meeting concerning the renewal of the military equipment on May 20th, 2024, at issue in compliance with Government Code Section 7072 (b); and
WHEREAS, the Union City Police Department seeks renewal of Policy 709, presented to the City Council on May 28, 2024; and
WHEREAS, the City Council has reviewed and considered the Union City Police Department's Military Equipment Policy (Exhibit A), the 2023 Military Equipment Inventory (Exhibit B), and the 2023 Military Equipment Use Report (Exhibit C) as part of this ordinance; and
WHEREAS, the City Council of the City of Union City, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Union City Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Union City Police Department Policy 709.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Union City Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Union City Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Union City Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Union City Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, City Council/RSA Agenda 109 Tuesday, June 11, 2024
Ordinance No. XXX-24
Readopting Military Use Equipment Pursuant to AB 481

Page 4 of 5 ends

corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Union City Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.

SECTION 3. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. CEQA.

Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. Publication and Effective Date.

Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the TriCity Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 110 Tuesday, June 11, 2024
Ordinance No. XXX-24
Readopting Military Use Equipment Pursuant to AB 481

Page 5 of 5 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 11th day of June 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 – Military Equipment Policy

2. Exhibit B – 2023 Military Equipment Inventory

3. Exhibit C – 2023 Annual Use Report
City Council/RSA Agenda 111 Tuesday, June 11, 2024
Policy Union City Police Department
709 Union City PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code§ 7072). This policy applies to all members of the Union City Police Department. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The City of Union City's elected City Council.

Military equipment -Defined by Government Code§ ~070 (c) as including but not being limited · to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers, excluding police versions of standard consumer vehicles. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, specifically excluding unarmored all-terrain vehicles (ATVs) and motorized dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code§ 30510 and Penal Code §30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.

Published with permission by Union City Police Department Military Equipment - 1 City Council/RSA Agenda 112 Tuesday, June 11, 2024
Union City Police Department
Union City PD Policy Manual
Military Equipment
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Union City Police Department that members of this department comply with the provisions of Government Code§§ 7070-7072 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Professional Standards Lieutenant ("PSU Lieutenant"), or designee shall act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the military equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Union City Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Ensuring this policy is posted on our city website at least thirty (30) days prior to any public hearing concerning the military equipment at issue and for as long as the equipment is made for use, and includes directions explaining how a community member may submit a question or concern about the use of a type of military equipment, and how the Department will respond in a timely manner. (h) Ensuring compliance with the military equipment use policy and managing investigations/ accountability in the event there are suspected violations of this policy.

If applicable, the PSU Lieutenant shall ensure legally enforceable sanctions are put in place for violations of the policy.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: UCPD Military Equipment.pdf
Copyright Lexipol, LLC 2024/04/10, All Rights Reserved.

Published with permission by Union City Police Department Military Equipment - 2 City Council/RSA Agenda 113 Tuesday, June 11, 2024
Union City Police Department
Union City PD Policy Manual
Military Equipment
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code§ 7071 ). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code§ 7071 ):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d} Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. ( e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any department member or other law enforcement agency engaged in a collaborative effort with the department within this jurisdiction unless the military equipment is approved for use in accordance with this policy. Outside agencies providing mutual aid in Union City or otherwise independently engaged in law enforcement operations within Union City, shall comply with their respective departmental policies. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

Published with permission by Union City Police Department Military Equipment - 3 City Council/RSA Agenda 114 Tuesday, June 11, 2024
Union City Police Department
Union City PD Policy Manual
Military Equipment
709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. A virtual community engagement meeting can be used to meet this requirement in the event an in-person venue is not ideal. 709.8.1 COMMUNITY FEEDBACK AND QUESTIONS
Pursuant to California Government Code §7070(d)(7), members of the public may submit complaints, concerns, or questions regarding this policy in the following ways:
(a) In person at the Union City Police Station
(b) By email: [email protected]
(c) Through the following website: https://www.unioncity.org/357/File-a-Compliment-or-aComplaint (d) By phone: (510) 471-1365
(e) By USPS mail sent to:

Union City Police Department
Attn: Professional Standards Unit
34009 Alvarado Niles Road
Union City, CA 94587
The Union City Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner. 709.9 CITY COUNCIL APPROVAL
Pursuant to California Government Code§ 7071, the Union City City Council approved this Policy pursuant to Ordinance No. 2.62, "Military Equipment Use Policy" on June 14, 2022. Further substantive amendments to the Policy need to be reviewed and approved by the City Council. 709.10 REVISIONS
Adopted: April 13, 2022
Copyright Lexipol, LLC 2024/04/10, All Rights Reserved.

Published with permission by Union City Police Department Military Equipment - 4 City Council/RSA Agenda 115 Tuesday, June 11, 2024

UNION CITY POLICE DEPARTMENT
2023 MILITARY EQUIPMENT
Equipment Name: Lenco Bearcat G2 {Armored Rescue Vehicle - ARV) Legal/Procedural Rules Governing Use: California Government Codes §7071 - §7075 UCPD Policy: UCPD Policy #705 (Special Purpose Vehicle). The policy describes when it is authorized to use the ARV, and the guidelines pertaining to its operational readiness, as well as inspections.

Description: The Lenco Bearcat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plans seat 10-12 fully equipped officers with a long list of tactical features only found on the Lenco Bearcat line of armored SWAT vehicles for Police and Government.

Quantity Owned: 1
Lifespan: Approximately 25 years.

Equipment Capabilities: ARV's are designed to protect the lives of victims, officers, and even suspects.

Purpose/Authorized Use: The ARV may be deployed in situations where its use would enhance the tactical advantage of officers, aid in the rescue of injured persons, protect life and property, or improve the likelihood that an incident would be resolved without the use of deadly force or other force options. The ARV is primarily used for SWAT incidents. Safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts, and other applications deemed appropriate and approved by the SWAT Commander, Division Captain, or Chief of Police.

Training: Officers should be trained in the operation of the ARV prior to using it or driving it. The training is typically conducted by SWAT operators during the orientation phase of Field Training for new officers.

Training will include knowledge of this procedure, rules of the road, and basic knowledge of electronic/mechanical functions of the vehicle. SWAT personnel will receive advanced training and are expected to maintain a higher level ofoperational knowledge and expertise. Only Union City PD personnel who have completed training and possess a valid California Driver's license will be authorized to drive/operate the ARV, unless a delayed deployment of the ARV would result in death or serious bodily injury. The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques, and ensuring the vehicle is properly serviced and maintained.

Maintenance: The SWAT program manager is responsible for the general maintenance of this vehicle, and it is serviced by the Union City Corp Yard.

Storage: The ARV is stored at UCPD.

Course Required by CA POST: N/A
Fiscal Impacts: The initial cost ofthe ARV was approximately $350,000.00 and its purchase was approved by the City Council. In 2023, costs for the upkeep and fueling of the ARV totaled $1266.53.

City Council/RSA Agenda 116 Tuesday, June 11, 2024
Equipment Name: Mobile Command Vehicle (MCV)
Legal/Procedural Rules Governing Use: California Government Codes §7070(c)(14).

UCPD Policy: UCPD Policy #705 (Special Purpose Vehicle). The policy describes when it is authorized to use the MCV, and the guidelines pertaining to its operational readiness, maintenance, and storage.

Description: The MT-55 Freightliner is a command vehicle capable of providing transportation and storage of equipment. It was built on a forward control chassis and features two hand fabricated flat floor slideouts which maximize interior workspace. The MCV is also equipped with the following: a vehicle leveling system, Intel-I-Touch vehicle automation touch screens, an emergency lighting and siren package, bright LED scene lighting, several extreme duty body storage compartments, a weatherproof exterior workstation with 32 inch display monitor, a front conference room with fixed center table, two workstations in the curbside slide out with dual monitors, magnetic surface dry erase white boards throughout, multiple interior work stations, an electronics rack with a multi-function printer and custom aluminum cabinetry for storage, a conference table, fixed bench seating, aluminum cabinets with dry erase writing surface on the overhead cabinets, a 20kW liquid generator, a full vehicle surge suppression system which protects all of the installed electrical components, two 55 inch QLED 4K Smart TV monitor in the rear room, an HDMI matrix switcher, multiple radios, and computers.

Quantity Owned: 1
Lifespan: Approximately 10-12 years, depending on usage.

Equipment Capabilities: The MCV stands as a command post during critical incidents and can be used to provide a mobile ·workspace for large scale operations such as multi-jurisdictional operations, DUI checkpoints, or community events.

Purpose/Authorized Use: The MCV is a dedicated recreational vehicle designed to respond to critical incidents, training events, community events, or any other incident/event where its use would be beneficial and prior approval has been obtained from a Lieutenant, Captain, or Police Chief. The MCV brings a number of resources to the scene including communication capabilities, radios, telephones, mobile command documents and supplies.

Training: Critical Response Unit (CRU) team members, command staff or their designees properly trained to operate the vehicle are authorized to respond to an incident or training site. Non-trained staff with a valid California "Class C" driver's license can drive the vehicle to the incident or training site only if approved by a Lieutenant, Captain, or the Police Chief
Maintenance: The Union City Corp Yard will be servicing the MCV when it reaches 5000 miles.

Storage: The MCV is stored at the FALCK/CATT Team station located at 35000 Eastin Court in. Union City, California.

Course Required by CA POST: N/A
Fiscal Impacts: The initial cost of the MCV was approximately $480,000.00. Other than $268.97 for fuel, the on-going costs associated with the MCV have not yet been established.

City Council/RSA Agenda 117 Tuesday, June 11, 2024
Equipment Name: Robotex Avatar Ill (Robot)
Legal/Procedural Rules Governing Use: California Government Codes §7070(c)(14).

UCPD Policy: UCPD Policy #408 (Crisis Response Unit) and UCPD Policy # 414. These policies provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage.

Description: The Robot is a compact, lightweight, remote controlled robotic platform and designed for portability, expandability, and ease-of-use.

Quantity Owned: 1
Lifespan: Approximately 10-15 years.

Equipment Capabilities: The Robot is a tool that can be used in dangerous situations by helping officers clear treacherous areas without being present. Additionally, the Robot may allow officers to see into that area without being physically present and/or communicate with hostile subjects from a position of safety.

The Robot is equipped with a PTX (pan, tilt, zoom) camera, headlight, and infrared light.

Purpose/Authorized Use: The Robot may be used during high-risk warrant service, when there is a barricaded subject, and/or hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location Training: All SWAT team members have been trained in the use of this device. Additionally, other members of our department are trained in its use periodically during briefings. Only assigned operators who have completed the required training shall be permitted to operate the robot unless a delayed deployment would result in death or serious bodily injury. In such instances, authorized use of the Robot will be established by the Incident Commander
Maintenance: The SWAT program manager is responsible for the general maintenance of the Robot. The Robot may be sent back to a purveyor in the event it cannot be serviced by UCPD personnel.

Storage: This device is stored at UCPD.

Course Required by CA POST: None.

Fiscal Impacts: The initial cost of all of the equipment associated w)th the robot was approximately $24,885.00. Additionally, the ongoing costs associated with the program is estimated to range between $0 and $1050.00 per year
City Council/RSA Agenda 118 Tuesday, June 11, 2024
Equipment Name: Unmanned Aerial Systems (UAS)
Legal/Procedural Rules Governing Use: Federal Aviation Regulations {14 CFR Part 107) and California Government Codes§ 7071- § 7075.

UCPD Policy: UCPD Policy #615 (Unmanned Aerial System (UAS) Operations). The purpose of this policy is to establish guidelines for the safe, efficient, and lawful use of an unmanned aerial system (UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS.

Description: Ari unmanned aircraft that is capable of sustaining directed flight, whether pre-programmed or remotely controlled (commonly referred to as an unmanned aerial system (UAS), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means. (\II of these devices may be described as business level fold able, portable, long-range flying camera, and accessory systems that adapts well to uses by first responders and businesses that routinely inspect hard-to-reach assets.

Quantity Owned: UCPD currently operates 10 UAS's in total consisting of: 3 x DJI MAVIC PRO, 1 x DJI ENTERPRISE PRO DUAL, 1 x DJI AIR 2, 2 x DJI MAVIC ENTERPRISE 2 ADVANCED, 2 x DJI MINI 2, and 1 x DJI AVATA.

Lifespan: All UAS equipment has an expected lifespan of 5-7 years.

Equipment Capabilities: A UAS may be used to protect lives and property when other means and resources are not available or are less effective. UCPD may also use the UAS in situations that would benefit from an aerial perspective and/or enable first responders to detect dangers that might otherwise not be seen, and for approved training missions.

Purpose/Authorized Use: Typical uses of UAS include exigent public safety and life preservation missions (ex. barricaded subjects, hostage situations, active shooters, searches for armed suspects, etc.), searches for missing persons, disaster response and recovery operations, response to suspected explosive devices, response to HAZMAT incidents, crime scene review and documentation, authorized training missions, and public demonstrations. The use of a UAS in such situations enhances safety by providing observation of possible threats from a position of safety. This advantage decreases the likelihood of uses of force and exposure to dangerous devices and materials by increasing the likelihood of better coordination, planning, and employment of de-escalation techniques. The only other known options that may be able to provide similar advantages are piloted aircraft, but the cost of such options greatly exceed the costs to acquire and use a UAS. Additionally, such aircraft are not able to maneuver in the same areas, are far louder, and require much more training, maintenance, and other logistics costs.

Training: The .FAA requires 14 CFR Part 107 pilots to minimally conduct three daytime take-offs and landings, and three nighttime take-offs and landings, if they will fly at night, every 90 days. It is anticipated that UCPD's UAS pilots will train during downtime on their regular workdays. However, UAS pilots should also plan to participate in our own in-house training, including cross-traini~g with other special units and other local UAS programs.

Maintenance: The UAS program manager is responsible for the general maintenance of all UAS devices.

A UAS may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.

Storage: All UAS devices are stored at UCPD.

Course Required by CA POST: N/A
Fiscal Impacts: The estimated costs of the above-listed equipment were approximately $15,000.00. In 2023, the cost for upkeep, replacement parts, additional equipment, and training for UAS operators totaled $10,898.79.

City Council/RSA Agenda 119 Tuesday, June 11, 2024
Equipment Name: COLT AR-15 (5.56/223mm) Automatic/Semi-Automatic Rifles and Ammunition.

Legal/Procedural Rules Governing Use: California Government Code §7070(c)(10), Government Code§ 7286, Penal Code § 13514.1, and California Government Codes§ 7071- § 7075.

UCPD Policy: The following policies govern the use of these weapons: 1) UCPD Policy #312 (Firearms).

This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firear·ms maintenance, training, and qualifications, 2) UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options.

Description: A COLT AR-15 Rifle is a 5.56/.223mm NATO, air-cooled, gas-operated, magazine-fed, shoulder fired weapon, designed for semi-automatic and selective fire. The Winchester .223 Remington, 64 grain, Power-Point (RA223R2) cartridge is the primary duty ammunition for all Patrol and SWAT rifles.

Quantity Owned: 12 x Fully-Automatic AR-15 Rifles, 51 x Semi-Automatic AR-15 Rifles, 18800 x 5.56/.223mm cartridges.

Lifespan: The lifespan of these weapons is subject to a myriad of factors which determine wear and tear.

Therefore, there is no true metric to make such an estimation. There is no expiration on the cartridges.

Equipment Capabilities: UCPD's SWAT team utilizes COLT M4, 5.56/.223 fully automatic rifles. -Patrol officers utilize COLT Model 6920, 5.56/.223 semi-automatic rifles. These rifles are industry standard for law enforcement and utilized for high-risk situations and entries in critical incidents for accuracy, precision, ammunition capacity (30 Rounds), and quicker target acquisition. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. The projectile is ideal for close and long-range combat situations.

Purpose/Authorized Use: The above stated rifles are capable of providing superior fire power during extremely violent situations. These rifles can typically be used for precision shooting from distance and are ideal for close confrontations because the projectile is less likely to over penetrate their intended target.

Training: Officers must successfully complete a 16-hour patrol rifle course as well as regular department firearms training, and qualifications as required by law and policy. SWAT personnel must complete an 80- hour basic SWAT team course.

Maintenance: The Firearms program manager is responsible for the general maintenance of these weapons and cartridges. Weapons and cartridges may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.

Storage: These firearms and cartridges are stored at UCPD.

Course Required by CA POST: Officers must successfully complete a 16-hour patrol rifle course. SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST's standardized training recommendations.

Fiscal Impacts: The above-listed firearms had an initial cost of approximately $76,500.00. In 2023, the Firearms Program had an estimated cost of $24,500.00 for firearms related equipment/maintenance and ammunition.

City Council/RSA Agenda 120 Tuesday, June 11, 2024
Equipment Name: Precision Rifles
Legal/Procedural Rules Governing Use: California Government Code §7070(c){10}, Government Code§ 7286, Penal Code § 13514.1, and California Government Codes§ 7071- § 7075.

UCPD Policy: The following policies govern the use of these weapons: 1) UCPD Policy #312 (Firearms).

This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002} and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.

Description: The Precision Rifle Team currently utilizes three different types of precision rifles:
1) Remington model 700 bolt action rifle chambered in .308, 2) Springfield model Ml bolt action rifle chambered in .30, and 3) JP Enterprises, AR-10 chambered in .308. UCPD Precision shooters use the Hcirnady Tactical Application Police .308, 168 grain A-MAX, #80965 cartridge.

Quantity Owned: 9 x Springfield model Ml bolt action rifles chambered in .308, 3 x Remington model 700 bolt action rifles chambered in .308, and 2 x JP Enterprises, AR-10 chambered in .308. 1640 x .308 cartridges.

Lifespan: The lifespan of these weapons is subject to a myriad of factors which determine wear and tear. therefore, there is no true metric to make such an estimation. There is no expiration on the cartridges.

Equipment Capabilities: These firearms and cartridges are · used for long range precision rifle shots in hostage situations to effectively reduce collateral damage to a potential victim/hostage. They are also used to thwart active shooters/terrorist attacks involving firearms.

Purpose/Authorized Use: Precision rifles and .308 cartridges are used for precision shooting in situations where other means of force. would be futile due to range or urgency.

Training: Precision rifle operators should not be deployed until completion of a POST-certified precision rifle course, or ·its equivalent. Precision rifle operators should participate in documented training on a monthly basis to · maintain individual and team core competencies consistent with the type of SWAT missions performed.

Maintenance: The Firearms program manager is responsible for the general maintenance of these weapons. A weapon may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel
Storage: These firearms and cartridges are stored at UCPD.

Course Required by CA POST: Precision rifle operators should participate in documented training on a monthly basis to maintain individual and team core competencies consistent with the type of SWAT missions performed.

Fiscal Impacts: The initial cost of the above-listed rifles was approximately $8,000.00. In 2023, training costs for Precision Rifle Team members was approximately $1606.00.

The total cost of all .308 cartridges on-hand is approximately $480.00. The ongoing costs associated with cartridges is estimated to range between $0 and $3,560.00 each year.

City Council/RSA Agenda 121 Tuesday, June 11, 2024
Equipment Name: Less Lethal Launchers, Kinetic Energy Devices, and the FN-303 System Legal/Procedural Rules Governing Use: California Government Code §7070(c)(14).

UCPD Policy: The following policies govern the use of these munitions 1) UCPD Policy #312 (Firearms).

This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firearms maintenance, training, and qualifications. 2) UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 3) UCPD Policy #308 (Control Devices and Techniques). This policy provides guidelines for the use and maintenance of control devices. 4) UCPD Policy #467 (First Amendment Assemblies). This policy provides guidance for responding to public assemblies or demonstrations. 5) UCPD Policy #408 (Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.

Description: UCPD currently utilizes five different 40 mm launchers: 1) Defense Technology single-shot launcher, 2) Defense Technology multi-launcher, 3) Penn Arms single shot launcher, 4) Defense Technology LMT model 1425, and 5) Defense Technology LMT model 1426. UCPD currently has one 37mm launcher:

Penn Arms multi-launcher. The Defense Technology single shot 40mm launcher holds one round of munition at a time and has a pistol grip, forward grip, and a plastic stock. The Defense Technology LMT model 1425 40mm launcher holds one round of munition at a time, and has a pistol grip, forward grip, and a plastic expandable stock. The Defense Technology LMT model 1426 40mm launcher holds one round of munition at a time, and has a pistol grip, a forward grip, and a plastic folding stock. The Defense Technology 40mm multi-launcher holds four rounds of munition at a time, which provides multi-shot capabilities, and has a pistol grip, a forward grip, and a plastic expandable stock. The Penn Arms single 40mm launcher holds one round of munition at a time and features a folding stock and collapsing vertical fore grip. The Penn Arms 37mm multi-launcher is capable of holding eight rounds of munition at a time and provides multi-shot capabilities.

UCPD utilizes the Remington model 870 shotgun for less-lethal "Super-Sock" munitions and chemical munitions. The Remington shotgun is 12 gauge with an 18" barrel and 2 ¾" chamber and is outfitted with an orange butt stock. The less-lethal Shotgun deploys less-lethal "Super-Sock" munitions Model 2581.

When deployed, Super-Sock presents a consistent aerodynamic shape every time, delivering consistent and predictable terminal performance. Super-Sock munitions will fit cylinder and improved cylinder 12-gauge shotguns chambered for 2.75" and 3" cartridges.

The FN 303 is a semi-automatic less-lethal riot gun designed and manufactured by Fabrique Nationale de Herstal. It is 29.1" in length and allows for standard size projectiles Quantity Owned: 40mm launchers: 1 x Defense Technology single-shot launcher, 1 x Defense Technology multi-launcher, 2 x Defense Technology LMT model 1425, 1 x Defense Technology LMT model 1426, and 1 x Penn Arms single-launcher. 28 x 40mm foam round. 12 x 37mm/40mm foam baton. 2 x Super Sock 40mm round. 11 x 40mm Stingballs. 1 x Penn Arms 37 mm multi-launcher. 38 x Remington model 870 12-gauge less-lethal "Super-Sock" shotguns, and 2500 CTS 12-gauge "Super-Sock" bean bag impact rounds. 2 x Remington model 870 12-gauge gas launchers. 2 x FN 303 less-lethal riot gun.

Lifespan: The lifespan of these less-lethal systems is subject to myriad factors which determine wear and tear. Therefore, there is no set metric to make such an estimation. Super-Sock rounds do not have an expiration date.

Equipment Capabilities: When properly used, less-lethal systems can assist officers in controlling a violent individual with less likelihood of serious injury to both the subject and the involved officers.

Purpose/Authorized Use: These devices may be used to control subjects who are violent or who demonstrate the intent to be violent.

City Council/RSA Agenda 122 Tuesday, June 11, 2024
Training: The Training Manager shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, controldevice weapons or tactics instructor. All training and proficiency for control devices will be documented in the officer's training file. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. The SWAT Commander shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, controldevice weapons or tactics instructor.

Maintenance: The Firearms program manager is responsible for the general maintenance of these firearms and systems. These items may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.

Storage: The listed firearms and munitions are stored at UCPD Course Required by CA POST: SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST's standardized training recommendations. Agencies should consider the role in which they assign SWAT members who have not yet completed a basic SWAT course or its equivalent
Fiscal Impacts: The initial cost of all of the firearms and systems listed above to be approximately $25,026.09. Additionally; the ongoing costs associated with the program is estimated to range between $0 and $7,047:00 per year. The total cost of Super-Sock rounds on-hand is estimated to have cost approximately $4,544.00 and the on-going yearly estimated cost is anticipated to be $5,440.00.

City Council/RSA Agenda 123 Tuesday, June 11, 2024
Equipment Name: CS Chemical Munitions, Pepperball, and Smoke Canisters Legal/Procedural Rules Governing Use: California Government Code §7070{c)(14} UCPD Policy: 1} UCPD Policy #300 {Use of Force). This policy provides guidelines on the reasonable use of force and force options. 2) UCPD Policy #308 {Control Devices and Techniques). This policy provides guidelines for the use and maintenance of control devices. 3) UCPD Policy #467 {First Amendment Assemblies). This policy provides guidance for responding to public assemblies or demonstrations. 4) UCPD Policy #408 {Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report {September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.

Description: See below itemized list.

Quantity Owned: See below itemized list.

Lifespan: Varies from 3 - 8 years depending on use and storage.

Equipment Capabilities: Chemical agents may be used to deny a designated area to a subject, force a subject to move to a desired area, and to disable or disorient a subject. Smoke Cannisters may be used as a signaling device, as a target or marking device, or as a screening device for unit movements, usually in violent crowd situations.

Purpose/Authorized Use: Department-approved chemical agents may be used for crowd control, crowd dispersal, or against barricaded suspects based on the circumstances.

Training: Agency instructors attend a 40-Hour Chemical Agent Instructor course. These instructors train SWAT team members in the use of chemical agents. SWAT personnel must complete an 80-hour basic SWAT team course. Additionally, The SWAT Commander shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor.

Maintenance: The SWAT program manager is responsible for the general maintenance of these munitions.

A weapon may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel Storage: These munitions are stored at UCPD.

Course Required by CA POST: SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST's standardized training recommendations. Agencies should consider the role in which they assign SWAT members who have not yet completed a basic SWAT course or its equivalent.

City Council/RSA Agenda 124 Tuesday, June 11, 2024
CHEMICAL MUNITIONS # Purpose Burn Time lndv. Cost Total Defense Technology
smoke grenade red
#1067 7 Crowd control; smoke 30-40 secs $35.21 $246.47
Defense Technology safsmoke grenade #1063 6 Crowd control; smoke 30-40 secs $35.21 $211.26 Defense Technology
max coverage HC smoke
#1073 4 Crowd control; smoke 30-40 secs $61.80 $247.20
Defense Technology
max HC military smoke
#1083 10 Crowd control; smoke 30-40 secs $61.80 $618.00 Defense Technology_ Primarily for indoor tactical
Flameless tri-chamber situations to detect and/or
CS#1032 7 dislodge a barricaded subject 20-25 secs $53.15 $372.05 Defense Technology
pocket tactical smoke
#1016 30 Smoke for signaling or cover 20-30 secs $31.85 $955.50 Defense Technology
pocket tactical smoke
#1017 4 Smoke for signaling or cover 20-30 secs $30.75 $123.00 • Defense Technology
instantaneous blast CS
#1042 3 Crowd control; CS instantaneous $64.90 $194.70
Defense Technology ·riot
control CS #1082 28 Crowd control; CS instantaneous $33.70 $943.60 Defense Technology
spede-heat CS #1072 12 Crowd control; CS 20-40 secs $38.00 $456.00 Defense Technology Penetrating round loaded w/
37mm liquid ferret CS liquid chemical agents to
round #1162 4 address barrica.ded subjects instantaneous $15.08 $60.32 Penetrating round loaded w/
Defense Technology CS powder chemical agents
ferret 40mm powder to address barricaded
#1292 1 subjects instantaneous $32.95 $32.95
Defense Technology Penetrating round loaded w/
ferret 40mm liquid CS liquid chemical agents to
#1262 10 address barricaded subjects instantaneous $32.35 $323.50 Defense Technology
han-ball grenade CS Pyro; flameless; to address
#1092 30 barricaded subjects 20-30 secs $46.25 $1387.50 Defense Technology
37mm muzzle blast CS
#1142 10 Powder dispersion round instantaneous $25.60 $256.00 Defense Technology 12- Penetrating round loaded w/
gauge CS ferret round CS chemical agents to
#3092 7 address barricaded subjects instantaneous $24.50 $171.50 Defense Technology 12- Penetrating round loaded w/
gauge CN ferret round CN chemical agents to
#2320 5 address barricaded subjects instantaneous $24.50 $122.50 Defense. Technology 12- Penetrating round loaded w/
gauge CS ferret liquid CS liquid chemical agents to
round #3012 7 address barricaded subjects instantaneous $24.50 $171.50 Defense Technology
triple chaser CS canister
#1026 11 Powder; indoor/outdoor instantaneous $49.20 $41.20 City Council/RSA Agenda 125 Tuesday, June 11, 2024
PAVA projectile used for
direct impact and area $250.00 I 90
Pepperball Live 525 saturation in interior spaces instantaneous count $1458.33 PAVA projectile used for
direct impact, area $369.99 I 90
Pepperball Live X 80 saturation and crowd control instantaneous wunt $328.88 Non-PAVA projectile used for $21.99 / 20
Pepperball Inert 250 direct impact instantaneous count $274.88 Combined Systems Pyrotechnic smoke grenade
baffled riot CS smoke used for concealment or as a
#52108 2 signaling device instantaneous $47.30 $94.60
Combined Systems
baffled riot CS smoke
#52308 20 Pyro, low flame, indoor instantaneous $49.75 $995.00 Liquid CS projectile
penetrates intermediate
Combined Systems • barriers and delivers irritant
liquid CS 40mm #4330 39 agents instantaneous $36.05 $1405.95 TOTAL COST: $11,492.39
Fiscal Impacts: This itemized list contains the combination of original purchases and additional on-going equipment purchases to correlate with the current inventory, which was an increase of $4302.53 from the previous year (2022 - $7189.86). The increase was based mainly on improved technology of . outdated equipment and replacing expired inventory.

City Council/RSA Agenda 126 Tuesday, June 11, 2024
Equipment Name: Noise and Flash Distraction Device
Legal/Procedural Rules Governing Use: California Government Code §7070(c}{14).

UCPD Policy: 1. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 2. UCPD Policy #408 (Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.

Description: An explosive device that create_s a blinding flash of light and sudden, loud noise. UCPD uses the Combined Tactical Systems "Flashbc1ng," Model 7290 with 1.5 second delay. The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces a 165-180db and 6-8 million candelas of light output. The patented design of the 7290 incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface:

In addition, internal adjustments have greatly reduced smoke output.

Quantity Owned: 33 x CTS 7290 flash bangs and 20 training charges.

Lifespan: Approximately five years.

Equipment Capabilities: A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDDs are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take controf of high-risk situations.

Purpose/Authorized Use: The purpose of the NFDD is to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (approximately 6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. With SWAT supervisory approval, authorized SWAT personnel may deploy noise flash diversionary devices in planned and unplanned high-risk operations, or when an immediate distraction in needed during a highrisk situation. The NFDD must be utilized within the line of sight
Training: SWAT personnel must complete an 80-hour basic SWAT team course, as well as periodic perishable skills training.

Maintenance: The SWAT program manager is responsible for the general maintenance of this device.

Storage: These devices are stored at UCPD.

City Council/RSA Agenda 127 Tuesday, June 11, 2024
Equipment Name: Breaching Shotgun and Frangible Ammunition Legal/Procedural Rules Governing Use: California Government Code §7070(c)(14).

UCPD Policy: 1) UCPD Policy #313 (Breaching Shotgun). This policy outlines the use, inspection, and storage of the breaching shotgun 2) UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 3) UCPD Policy #312 (Firearms). This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firearms maintenance, training, and qualifications.

Description: UCPD currently uses a modified Remington model 870 12-gauge shotgun with a breaching stand-off tip as a breaching shotgun. The ammunition for this weapon is Royal Arms 12 Gauge, frangible ammunition.

Quantity Owned: 4 x breaching shotguns and 2400 x frangible ammunition.

Lifespan: The lifespan of these weapons is subject to a myriad of factors which determine wear and tear.

Therefore, there is no true metric to make such an estimation. Although there is no expiration date on frangible ammunition if stored properly, it should be replaced approximately every five years.

Equipment Capabilities: The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry.

Purpose/Authorized Use: Officers are allowed to utilize the breaching shotgun in instances where an exigent situation exists, and a door must be opened quickly.

Training: Only officers trained and having shown adequate proficiency in the use of the breaching shotgun and this agency's Use of Force Policy are authorized to carry the device.

Maintenance: The Firearms program manager is responsible for the general maintenance of breaching shotguns. A breaching shotgun may be sent back to a purveyor in the it cannot be serviced by UCPD personnel.

Storage: These devices are stored at UCPD
Course Required by CA POST: None.

Fiscal Impacts: The initial cost of the breaching shotguns totaled approximately $1,400.00. The total cost of all frangible ammunition on-hand is approximately $9,600.00.

City Council/RSA Agenda 128 Tuesday, June 11, 2024
UNION
CITY
Ca l ifo rn ia

POLICE DEPARTMENT
2023 ANNUAL MILITARY EQUIPMENT USE REPORT
The acquisition and use of military equipment in our community may impact the public's safety and welfare. Our community has a right to know about funding, acquisition, or use of military equipment by UCPD, as well as a right to participate in the local government's decision to fund, acquire, or use such equipment.

Our Military Equipment policy requires UCPD to publish an Annual Military Equipment Usage Report. Per Government Code§ 7072, our annual report must include the following information:
• A summary of any complaints or concerns received concerning the military equipment. • The results of any internal audits or information about violations of the military equipment use policy. This includes any actions taken in response.
• The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
• The quantity possessed for each type of military equipment. • If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. • A summary of how the military equipment was used and the purpose of its use.

Complaints & Audits
All use of force incidents are reviewed by assigned supervisors and Watch Commanders. In addition, our Professional Standards Unit conducts quarterly use of force audits to ensure employees are performing their duties within the guidelines set by department policy and applicable law. Reviews and audits provide opportunities to reflect on our actions, policies, procedures, legislation, and best practices within our industry. Audits may also highlight opportunities for future growth and assist in evaluating practices related to training and daily operations. During our 2023 quarterly audits, no violations were discovered, and officers were found to be operating in a manner which met or exceeded department and community expectations. As listed below in our use summary, UCPD did not receive any complaints or concerns related to the use of military equipment.

CITY OF UNION CITY
34009 Alvarado-Niles Rd· Union City· CA· 94587
unioncity.org
City Council/RSA Agenda 129 Tuesday, June 11, 2024
UNION
CITY
Ca l i fo rnia
Inventory & Associated Costs

POLICE DEPARTMENT
At this time, UCPD does not intend to acquire additional types of military equipment, however, future attempts to obtain new equipment will include adhering to procedures set forth in the Government Code and our Military Equipment policy; this includes a public hearing and City Council approval prior to acquisition. At this time, forecasted purchases for UCPD in 2024 only include items needed to maintain inventory for previously approved military equipment which need to be repaired or replenished after being used in either the field or training environments. All items needing to be repaired or replenished are included in our policy and attached inventory which was previously approved by the City Council.

Our department inventory and all costs associated with the use of this equipment is believed to be consistent with the Military Equipment inventory list, policy, and department budget, previously approved by the City Council. These operating costs are good faith estimates which are subject to change made by vendors and/or manufacturers based on variables related to availability, shipping, and general market increases. I have attached a copy of our approved inventory and policy to the end of this report.

Public Hearing
UCPD gives strong consideration to the public's welfare, safety, civil rights, and civil liberties. In a continued effort for greater transparency, our department places high regard on meaningful public input related to the use of military equipment in our community.

Department policy requires UCPD to hold at least one well-publicized and conveniently located community engagement meeting where community members may discuss and ask questions regarding the annual military equipment report. Meetings must be held within thirty days of posting this report on our department website. UCPD wHI provide this opportunity on a later date to be determined during the city's regularly scheduled City Council meeting. The meeting will take place in the City Council chambers and will include a presentation as well as opportunities to discuss this report with the Chief of Police and/or City Council.

Use Summary
UCPD used military equipment during 37 incidents in 2023 consisting of eleven incidents where more than one piece of military equipment was used and 26 incidents where the UAS was used solely. The determining factors that led up to the decision to use military equipment varied from situation to situation. In the following incidents, military equipment either: 1) provided UCPD with a distinct tactical advantage, 2) provided additional. protection for UCPD personnel and/or citizens, 3) allowed UCPD

CITY OF UNION CITY
34009 Alvarado-Niles Rd • Union City· CA • 94587
unioncity.org
City Council/RSA Agenda 130 Tuesday, June 11, 2024
UNION
CITY
Cal ifornia

POLICE DEPARTMENT
personnel to utilize distance, 4) aided in searching large areas, or S) aided in searching unsecured areas that may have otherwise placed UCPD employees in tactically compromised situations.

UCPD Case #230104001
Summary of Incident: UCPD SWAT assisted Hayward PD with a high-risk search warrant service in Hayward.

Military Equipment Utilized: ARV, SWAT rifles, less-lethal shotgun, UAS, and SWAT Robot. The SWAT rifles and less-lethal shotgun were deployed but were not fired.

Complaints related to this Deployment: None.