Union City City Council
August 13, 2024

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)
JAIME PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, August 13, 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 In Recognition of September 2024 As National Preparedness Month

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

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, City Council/RSA Agenda 1 Tuesday, August 13, 2024
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.

4.a. Written Public Comment - Received 2024-08-13

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.b. Approve The Minutes Of The July 23, 2024 City Council Special Meeting

5.c. Approve The Minutes Of The July 23, 2024 City Council Regular Meeting

5.d. Approve The Minutes Of The July 25, 2024 City Council Special Meeting

5.e. Adopt A Resolution Amending the Conflict of Interest Code

5.f. Adopt Resolutions Appointing Individuals To Serve On The Arts & Culture Commission, Economic Development Advisory Team, Senior Citizens Commission

5.g. Adopt A Resolution Establishing Authority To Open And Maintain Accounts, Establishing Signature Authority, And Establishing Authorization To Transfer Funds Using Online Banking Services For The City's Accounts At Fremont Bank

5.h. Adopt A Resolution Authorizing The Investment Of Monies In The Local Agency Investment Fund (LAIF)

5.i. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Avenu Insights & Analytics, For Utility Users' Tax (UUT) Audit Services, In The Amount Of $200,000, For A Total Contract Amount Of $350,000, Including A 35% Contingency Fee For Any Additional UUT And/Or Franchise Fee Revenues Generated

5.j. Adopt A Resolution Approving An Amendment To Update The Class Specification For The Classification Of Intervention Counselor

5.k. Adopt Two Resolutions 1) Authorizing Examination Of Sales Or Transaction And Use Tax Records By City Staff And MuniServices, LLC (DBA AVENU MuniServices), Hinderliter De Llamas & Associates (DBA HdL Companies); And 2) Authorizing Examination Of Sales Or Transaction And Use Tax Records by Strategic Economics, Inc.

5.l. Adopt A Resolution Awarding A Construction Contract To McKim Corporation, In The Amount Of $2,372,999, Approving A Total Project Budget, In The Amount Of $2,860,690, Appropriating $453,593 of SB 1 Funds (Fund 2515) And $227,097 Of TDA Article 3 Funds (Fund 4100) To The Decoto Road Project, Phase 1, City Project No. 23-24, And Increasing The Revenue Projections In The Capital Projects Fund (Fund 4100) By $227,097

5.m. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With TDG Engineering, Inc., In The Amount Of $33,526, For A Total Contract Amount City Council/RSA Agenda 2 Tuesday, August 13, 2024
Of $108,145, For The Preparation Of A Green Streets Report For The Quarry Lakes Parkway Project, City Project No. 18-04

5.n. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Group 4 Architecture, Research + Planning, Inc., In The Amount Of $945,000, For A Total Contract Amount Of $1,019,950 For Preliminary Design Of Category 1A, 1B, 1C, And 1D And The Final Design For The Corporation Yard Master Plan, City Project No. 23-26, And Approving A Budget Transfer Of $30,000 From The Transit Fund (Fund 5110) To The Public Improvements Fund (Fund 4160)

5.o. Adopt A Resolution Authorizing The City Manager To Execute A Master Agreement With AVA Community Energy For Union City Transit Electric Bus Fleet Charging As A Service (CaaS), In A Form Approved By The City Attorney

5.p. Waive The Second Reading And Adopt An Ordinance Of The City Council Of The City Of Union City Approving An Amendment To The Station East Mixed Use / Residential Project Development Agreement (ADA-24-001)

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Adopt A Resolution Adopting The 2024 Tri-City Local Hazard Mitigation Plan (LHMP) Update

7.b. Adopt A Resolution Designating Voting Delegate And Alternate Delegate For 2024 League Of California Cities Annual Conference In Long Beach

7.c. Adopt A Resolution To Add An Alternate At-Large Member To The Economic Development Advisory Team (EDAT) And Appoint Harpreet Bains As The Alternate At-Large Member

7.d. Waive Full Reading And Introduce By Title Only An Ordinance Of The City Council Of The City Of Union City Repealing Chapter 2.22 “Youth Commission” Of The Union City Municipal Code

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 City Council/RSA Agenda 3 Tuesday, August 13, 2024
each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 Alvarado-Niles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncityorg.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at: https://unioncity.org/199/City-MeetingsVideo Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.

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

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

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

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

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) City Council/RSA Agenda 4 Tuesday, August 13, 2024
The City Council of the City of Union City comply with the following norms:

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

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

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

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

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

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

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

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

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

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

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary 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.

City Council/RSA Agenda 5 Tuesday, August 13, 2024

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

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

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

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

City Council/RSA Agenda 6 Tuesday, August 13, 2024
Agenda Item
ATTACHMENTS:

Description Type
Proclamation - September 2024 National Preparedness Month Attachment City Council/RSA Agenda 7 Tuesday, August 13, 2024
City of Union City

PROCLAMATION

In Recognition of September 2024 as
National Preparedness Month

WHEREAS, National Preparedness Month is a nationwide coordinated effort sponsored by the Department of Homeland Security each September to increase public awareness for personal preparedness for emergencies and large-scale disasters in communities; and WHEREAS, National Preparedness Month serves as an opportunity to remind all citizens to take action by preparing their homes, businesses, and communities for any type of emergency, including natural, technological, and human-caused; ; and WHEREAS, planning now, before a disaster, is the best way to improve community resiliency and recovery from a disaster; and
WHEREAS, the Federal Emergency Management Agency (FEMA) announced the 2024 National Preparedness Month theme to focus on the importance of Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities to prepare for disasters and build resilience before disaster strikes; and
WHEREAS, during the month of September, residents are encouraged to take the opportunity to make themselves and their families better prepared for emergencies and stay informed by registering on AC Alert.org for emergency notifications; and WHEREAS, being prepared also includes assembling an emergency “Go Kit” for your home, car, and workplace, containing basic supplies for the aftermath of an emergency; and WHEREAS, ongoing emergency preparedness is the responsibility of every citizen and civic organization, and as such, all citizens and civic organizations are urged to make preparedness a priority and work together as a team to ensure all individuals, families, and communities are prepared for disasters of any type; and WHEREAS, throughout the year, the City of Union City and Union City Community Emergency Response Team (CERT) furthers preparedness efforts by providing public education City Council/RSA Agenda 8 Tuesday, August 13, 2024
to the community on a variety of disasters and emergencies, teaching citizens life-saving skills, and preparing them with essential supplies; and
WHEREAS, the Union City CERT has conducted monthly emergency preparedness trainings for its members and for the community, participating in community events to encourage further volunteerism.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby proclaim the month of September 2024 as National Preparedness Month and calls upon community members and civic organizations to prepare and evaluate its emergency plans, as well as participate in emergency preparedness trainings and activities.

DATED this 13th day of August 2024.

CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor
JAIME PATIÑO, Councilmember
SCOTT SAKAKIHARA, Councilmember
GARY SINGH, Councilmember
City Council/RSA Agenda 9 Tuesday, August 13, 2024
Agenda Item
City Council/RSA Agenda 10 Tuesday, August 13, 2024
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 11 Tuesday, August 13, 2024
July 23, 2024 | 6:45 PM Page 1 of 2
City Council
Special Meeting Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL 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, July 23, 2024 | 6:45 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:46 PM.

2. ROLL CALL
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
No
Yes

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

4. CLOSED SESSION

4.a. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: In Re National Prescription Opiate Litigation (National Opioid Litigation Involving Kroger)
Case No. 1:17-MD-2804
City Council/RSA Agenda 12 Tuesday, August 13, 2024
July 23, 2024 | 6:45 PM Page 2 of 2
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Special Meeting Minutes
No reportable action. The item was reported at the July 23, 2024 Regular Meeting.

5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:55 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 13 Tuesday, August 13, 2024
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 14 Tuesday, August 13, 2024
July 23, 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, July 23, 2024 | 7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:03 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
No
Yes
Mayor Dutra-Vernaci reported no reportable action from the Closed Session held before the regular meeting.

2. UNFINISHED BUSINESS
There was none.

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Presentation From Union Sanitary District By General Manager Paul Eldredge
City Council/RSA Agenda 15 Tuesday, August 13, 2024
July 23, 2024 | 7:00 PM Page 2 of 6
City Council / Successor Agency
Regular Meeting Minutes
Union Sanitary District General Manager Paul Eldredge provided his presentation and responded to questions from council members.

3.b. Union City Police Department Fourth of July After Action Report Presentation
Police Captain Holt provided staff presentation and responded to questions from council members.

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

KC Ng
Lama Stella
Kathy Chen
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.

5. CONSENT CALENDAR
Motion: Approve Consent Calendar
RESULT: Pass
MOVER: Councilmember Singh
SECONDER:Councilmember Patiño
AYES: Councilmembers Patiño, Sakakihara, Singh, and Mayor Dutra-Vernaci
NOES: None
ABSENT: Vice Mayor Wang

5.a. Approve The Minutes Of The July 9, 2024 City Council Regular Meeting A motion was made to approve the minutes.

5.b. Adopt A Resolution Authorizing The Acceptance Of California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP), Law Enforcement Grant Funds, In The Amount Of $148,855.80, For Fiscal Year 2024-2025, And Amending The Fiscal Year 2024-2025 Police Department Grants Fund Budget
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6332-24

5.c. Adopt A Resolution Approving An Amendment To Update The Class Specification For The Classification Of Property And Evidence Supervisor
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6333-24

5.d. Adopt A Resolution Approving A Revised List Of Projects For Fiscal Year 2024-2025 Funded By SB 1: The Road Repair And Accountability Act Of 2017
City Council/RSA Agenda 16 Tuesday, August 13, 2024
July 23, 2024 | 7:00 PM Page 3 of 6
City Council / Successor Agency
Regular Meeting Minutes
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6334-24

5.e. Adopt A Resolution Awarding A Contract To Peoria PFVT Motors, LLC, In The Amount Of $124,212, For The Purchase Of Two F-150 Police Responders To Replace Certain Vehicles That Have Previously Been Declared As Surplus And Authorized For Disposal
A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6335-24

5.f. Adopt A Resolution Approving Contract Budget Reallocations For The Union City Boulevard Bike Lanes Project, City Project No. 17-29, And Approving Budget Amendments To The FY 2024-2025 Public
Improvement Fund (Fund 4160) In The Approved Five-Year Capital Improvement Plan (CIP) For FY 2023-2024 Through FY 2027-2028 A motion was made to adopt the resolution.

Enactment No.: Resolution No.: 6336-24

6. PUBLIC HEARINGS

6.a. Public Hearing For Updates To The Station East Mixed Use / Residential Project (APNs 87-21-5-2, 87-21-13-1, 98-21-13-2, 87-23-10, 87-23-12, And 87-23-13-2). Specific Actions Include: Adopt A Resolution Adopting Addendum No. 2 To The Station East Mixed Use / Residential Project Environmental Impact Report (SCH 2020039032); Introduction Of An Ordinance Approving The Second Amendment To The Station East Mixed Use / Residential Project Development Agreement (ADA-24-001); Adopt A Resolution Approving A Tentative Tract Map Amendment (ATM 24-001) For The Station East Residential / Mixed Use Development; Adopt A Resolution Approving Site Development Review (SD-23-006) For Planning Area (“PA”) 2 In The Station East Residential / Mixed Use Development (APN 087-0021-005-02 [Portion])
Consultant Leslie Carmichael gave a staff presentation. She and Economic and Community Development Director Campbell responded to council members' questions.

Mayor Dutra-Vernaci opened the Public Hearing at 8:25 PM. The following individual spoke during the Public Hearing:

Kevin Fryer, Integral Communities (Applicant)
There being no further speakers, Mayor Dutra-Vernaci closed the Public Hearing at 8:35 PM.

Motion: Adopt a resolution adopting Addendum No. 2 to the Station East Mixed Use/Residential Project Environmental Impact Report (SCH 2020039032), introduce an ordinance approving the second amendment to the Station East Mixed Use/Residential Project Development Agreement (ADA-24-001), adopt a resolution
approving a Tentative Tract Map Amendment (ATM 24-001) for the Station East Residential/Mixed Use Development, and adopt a resolution approving Site Development Review (SD-23-006) for City Council/RSA Agenda 17 Tuesday, August 13, 2024
July 23, 2024 | 7:00 PM Page 4 of 6
City Council / Successor Agency
Regular Meeting Minutes
Planning Area ("PA") 2 in the Station East Residential/Mixed Use Development (APN 087-0021-005-02 [portion]).

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

Enactment Nos.:

Resolution No. 6337-24: Addendum No. 2 to the Station East Mixed Use/Residential Project Environmental Impact Report (SCH 2020039032
Resolution No. 6338-24: Approving a Tentative Tract Map Amendment (ATM 24-001) for the Station East Residential/Mixed Use Development)
Resolution No. 6339-24: Approving Site Development Review (SD23-006) for Planning Area ("PA") 2 in the Station East Residential/Mixed Use Development (APN 087-0021-005-02
[portion])

7. CITY MANAGER REPORTS

7.a. Consider For Adoption A Resolution Calling An Election To Be Held On November 5, 2024, For Voter Consideration Of A Ballot Measure Seeking Voter Authorization To Repeal And Replace Chapters 5.04, 5.08, 5.12,

5.16, 5.20 And 5.24 Of The Union City Municipal Code To Amend The Current Business License Ordinance; Establishing Policies And Procedures In Connection With Such An Election; Requesting The Board Of Supervisors Of The County Of Alameda To Consolidate The Election With The General Election To Be Held On November 5, 2024; Requesting Certain Services Of The Registrar Of Voters Of Alameda County With Respect To The Consolidated General Municipal Election; And Providing For Submittal Of Ballot Arguments And Rebuttals And Authorizing The Filing Of An Impartial Analysis
City Manager Malloy and City Attorney Kokotaylo provided staff presentation and responded to questions from council members.

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

Motion: Designate Mayor Dutra-Vernaci and Councilmember Patiño for preparing and submitting the ballot argument and rebuttal in favor of the proposed ballot measure and adopt a resolution calling an election to be held on November 5, 2024, for voter consideration of a ballot measure seeking authorization to repeal and replace Chapters 5.04, 5.08, 5.12, 5.16, 5.20, and 5.24 of the Union City Municipal Code to amend the current business City Council/RSA Agenda 18 Tuesday, August 13, 2024
July 23, 2024 | 7:00 PM Page 5 of 6
City Council / Successor Agency
Regular Meeting Minutes
license ordinance; establishing policies and procedures in connection with such an election; requesting the Board of Supervisors of Alameda County to consolidate the election with the general election to be held on November 5, 2024; requesting certain services of the Registrar of Voters of Alameda County with respect to the consolidated general municipal election; and providing for the submittal of ballot arguments and rebuttals and authorizing the filing of an impartial analysis.

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

Enactment No.: Resolution No.: 6340-24

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

9. AUTHORITIES AND AGENCIES
There were none.

10. CITY COMMISSION / COMMITTEE REPORTS
There were none.

11. ITEMS REFERRED BY COUNCIL
Councilmember Singh had no report.

Councilmember Sakakihara reported on the Parks and Recreation Commission.

Councilmember Patiño reported on League of California Cities.

Mayor Dutra-Vernaci reported on the Metropolitan Transportation Commission.

12. GOOD OF THE ORDER
Councilmember Singh reported discussing an issue with City Manager Malloy and Deputy City Manager Phan about third-party rentals. He expressed concerns about the impact of these rentals on the community and suggested exploring regulatory measures to address potential issues.

Councilmember Sakakihara reported attending the Commission Appreciation Event.

He praised commission members' dedication and hard work. Councilmember Sakakihara also mentioned the positive feedback from attendees and the importance of recognizing volunteer contributions.

Councilmember Patiño reported attending a National League Conference reception at Google Headquarters, where discussions focused on artificial intelligence (AI) and its implications for city governance. He shared insights on how AI could enhance city services and mentioned potential collaborations with tech companies.

City Council/RSA Agenda 19 Tuesday, August 13, 2024
July 23, 2024 | 7:00 PM Page 6 of 6
City Council / Successor Agency
Regular Meeting Minutes
Councilmember Patiño also made brief remarks about the ongoing developments in cannabis regulation and its impact on local businesses.

Mayor Dutra-Vernaci reminded everyone that National Night Out will be held on Tuesday, August 6th, at the Union Landing Shopping Center and the Sister City Festival on Sunday, August 4
th
, at the Mark Green Sports Center. She also reported
her participation as a judge at the Niles Dog Show and emphasized the importance of never leaving pets alone in hot cars.

13. CLOSED SESSION
There were none.

14. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:10 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 20 Tuesday, August 13, 2024
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 21 Tuesday, August 13, 2024
July 25, 2024 | 5:00 PM Page 1 of 2
City Council
Special Meeting Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL 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, July 25, 2024 | 5:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 5:00 PM.

2. ROLL CALL
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
No
Yes

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

4. BOARD AND COMMISSION INTERVIEWS

4.a. Interview for Open Seats on Boards, Commission, and Committees and Discuss the Potential Appointments of All Candidates Interviewed
Community and Recreation Services Director Hahn provided the Council with a brief report about the problem of achieving quorum with several of the City Council/RSA Agenda 22 Tuesday, August 13, 2024
July 25, 2024 | 5:00 PM Page 2 of 2
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Special Meeting Minutes
commissions that she oversees. A discussion ensued regarding reducing the Parks and Recreation Commission and Senior Commission from five to seven.

The Council further requested that staff provide them with an attendance sheet for all the commissions.

Council interviewed the following applicants:

Claudette Begin
Dean Nissen
Lillian Martinez
Richard Blaha
Florence Tsang
Sarahbeth Roquez-Co
Asif Khan
Harpreet Bains
The Council deliberated to fill the vacancies on various boards, commissions, and committees. Appointments will be made at the August 13, 2024 City Council Regular Meeting Agenda.

5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 7:35 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 23 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF UNION CITY IN REVIEW OF

THE CITYOF UNION CITY CONFLICT OF INTEREST CODE PURSUANT TO ITS

BIENNIAL REVIEW
This report details the comprehensive review of the City of Union City's Conflict of Interest Code (COI Code) as mandated by the California Political Reform Act. The Act requires that the COI Code be reviewed biennially to ensure it reflects the City's current organizational structure, accurately designates positions with decision-making authority or influence on governmental decisions and identifies the proper disclosure categories. Since the last update was adopted on April 26, 2022, with subsequent amendments on October 23, 2023, this review proposes severaladjustments, including adding new positions, deleting obsolete positions, and clarifying existing roles and responsibilities.

Staff recommends that the City Counciladopt the attached resolution approving the updated COI Code.

STRATEGIC PLAN ALIGNMENT
This update aligns with Goal B:Governance and Organization Effectiveness. By ensuring the COI Code accurately reflects our current organizational structure and designated positions, we uphold a commitment to local government best practices.

BACKGROUND
The City of Union City has adopted the terms of the California Code of Regulations, Regulation 18730, and amendments, as the Conflict of Interest Code of the City of Union City pursuant to the California Political Reform Act. The Political Reform Act requires each agency to update its Code biennially, each even year, if necessary, to ensure that the localcode accurately designates all positions that make or participate in the making of governmental decisions and that the disclosure categories assigned to those positions accurately obligates the filer to disclose all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions they make in their position. The COI Code must reflect the organization's current structure and properly identify the titles of those who should be filing Statements of Economic Interests (Form 700). The COI Code tells the designated filers which financial interests they must disclose and helps provide transparency in local government as required under the Political Reform Act.

City Council/RSA Agenda 24 Tuesday, August 13, 2024
State law requires that allchanges be submitted to the code reviewing body, in this case, the City Council, for approval to amend the COI Code.

DISCUSSION
If a position requires an employee to: manage public investments; negotiate, without significant substantive review, with a governmentalentity or private person regarding a governmental decision; approve a rate, rule or regulation; issue, deny, suspend or revoke a permit, license, or similar authorization or entitlement; or advise or make recommendations to the decision maker either directly or without significant intervening substantive review, by: (1) conducting research or making any investigation which requires the exercise of judgment on the part of the officialand the purpose of which is to influence a governmental decision; or (2) preparing or presenting any report, analysis, or opinion, orally, or in writing, which requires the exercise of judgment on the part of the official and the purpose of which is to influence a governmental decision referenced in Title 2, California Code of Regulations, section 18701(a)(2)(A), then the position shall be included as a designated position in the agency’s conflict of interest code.

The Three Components of a Conflict-of-Interest Code

1. Incorporation Section (Terms of the Code)—This section designates where the Form 700s are filed and retained (i.e., the agency or the FPPC). It also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and the current gift limit.

2. List of Designated Positions—The code must list allagency positions that involve the making or participation in making decisions that “may foreseeably have a materialeffect on any financial interest.” This covers agency members, officers, and employees, and it may include volunteers on a committee if the members make or participate in making government decisions.

3. Detailed Disclosure Categories—A disclosure category describes the types of financial interests that officials in one or more job classifications must disclose on their Form 700 filings. The categories must be tailored to the financial interests affected and not require public officials to disclose private financial information that does not relate to their public employment.

The City Council last amended the Code on October 24, 2023. Staff has reviewed the positions covered by the Conflict-of-Interest Code with department heads to ensure the appropriate positions are covered. The proposed amendments to the COI Code include several key changes for enhanced clarity and compliance:

Distinguished positions previously combined (e.g., Management Analyst I/II/III) are now separately identified (Management Analyst I, Management Analyst II, and Management Analyst III) to better reflect their distinct roles and responsibilities within the City.

Deleted obsolete positions and added new ones to accurately represent the City's organizational structure and the roles that participate in or influence governmental decisions.

Updated titles and disclosure categories for existing positions to align with current responsibilities and the scope of influence.

The following positions are no longer in the latest COI Code as they have been eliminated:

City Manager – Assistant to the City Manager
City Manager – Assistant City Manager/Chief Financial Officer City Manager – Recycling Programs Coordinator
City Manager – Solid Waste/Recycling Coordinator
City Manager – Supervising PersonnelAnalyst
Human Resources – Chief Human Resources Officer
Community and Recreation Services - Youth and Family Services Program Manager[1] The following positions have been added to the latest COI Code:

City Council/RSA Agenda 25 Tuesday, August 13, 2024
Other - Casual Employees
Other - Retired Annuitants
Casualemployees are included in the list of designated positions. Depending upon the nature of their services, they shall be designated on a case-by-case basis and disclosed pursuant to the broadest disclosure category in the code subject.

Retired annuitants are included in the list of designated employees when the City Manager or their designee determines that they are performing work that is the functionalequivalent of a designated position. If such a determination is made, then disclosure shall be pursuant to the disclosure category required by this Code for the comparable designated staff position.

In addition, the revised COI Code, formatted for improved clarity and distinction between various positions, including those filing under §87200 and designated filers, is attached as Exhibit B to this report.

In addition to the aforementioned updates, staff has removed Appendix C from the previous version of the Code. This appendix was deemed not relevant to the core purpose of the Code, which focuses on identifying designated filers and their respective disclosure requirements. The removal of Appendix C streamlines the document, ensuring it is concise and focused solely on the essentialelements required for compliance with the California Political Reform Act.

If additional new or revised classifications, deemed likely to be subject to the Code, are established before the next formaladoption of a revised Code, the City must file a Form 804 Agency Report (sample attached) for those new/revised classifications. Staff in those new/revised classifications must complete Form 700, reporting the disclosure requirement reflected on Form 804, even if the Code has not been formally revised to incorporate the positions. [1] The title was changed to Community Services Manager.

FISCAL IMPACT
The proposed updates to the COI Code do not have a direct fiscal impact on the City's budget. Reviewing and amending the Code is conducted within the existing duties of City staff and, therefore, does not require additional financial resources or incur additional costs.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution of the City Council of the City of Union City in review of the Union City Conflict of Interest Code pursuant to its biennial review.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Draft Resolution Resolution
City Council/RSA Agenda 26 Tuesday, August 13, 2024
Exhibit A - 2022 Conflict of Interest Code,Amended 10/24/2023 Exhibit Exhibit B- Proposed 2024 Conflict of Interest Code Exhibit City Council/RSA Agenda 27 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY IN REVIEW OF THE CITY OF UNION

CITY CONFLICT OF INTEREST CODE PURSUANT TO ITS

BIENNIAL REVIEW
WHEREAS, the Political Reform Act ("Act"), Government Code Section 81000 et seq., requires state and local agencies to adopt and promulgate conflict of interest codes, and the City of Union City ("City") is an agency subject to this statute; and WHEREAS, the City's Code incorporates by reference the terms of Title 2 of the California Code of Regulations section 18730, and any amendments to it that have been duly adopted by the Fair Political Practices Commission, and contains appendices designating officials and employees and establishing disclosure categories, as shown below; and WHEREAS, upon biennial review of the existing Code, it has been deemed necessary to bring the Code up to date by adding and deleting positions, correcting position titles, and revising disclosure categories assigned to designated positions/employees as needed; and WHEREAS, the City Council of the City of Union City has reviewed the most recent Conflict of Interest Code adopted on October 24, 2023, pursuant to the Act as required biennially, and has found the need to amend the Code as attached in "Exhibit A".

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby amend and adopt the City of Union City Conflict of Interest Code attached as "Exhibit B".

City Council/RSA Agenda 28 Tuesday, August 13, 2024
Resolution No. XXXX-24
2024 Conflict of Interest Code

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 13th day of August 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 – Amended 2022 Conflict of Interest Code Adopted October 24, 2023

2. Exhibit B – Proposed 2024 Conflict of Interest Code
City Council/RSA Agenda 29 Tuesday, August 13, 2024
1 APPENDIX “A”
The following officials are exempt from local filing as they file Conflict of Interest Statements with the California Fair Political Practices Commission pursuant to Government Code Sections 87200 and 87201:

Mayor
City Council Members
Planning Commissioners
City Manager
City Attorney
Finance Director
Assistant City Manager/Chief Financial Officer
City Council/RSA Agenda 30 Tuesday, August 13, 2024
2 APPENDIX “B”

DESIGNATED POSITIONS DISCLOSURE CATEGORY
City Attorney
City Attorney See Appendix “A”
Deputy/Assistant City Attorney 1, 2, 3, 4, 5, 6, 7, 8
City Council and Commissions
Arts & Culture Commissioners and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Bicycle Pedestrian Advisory Committee 1, 2, 3, 4, 5, 6. 7, 8 City Council Members See Appendix “A”
Economic Development Advisory Team 1, 2, 3, 4, 5, 6. 7, 8 Human Relations Commissioners and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Mayor See Appendix “A”
Park & Recreation Commissioner and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Planning Commissioners and Alternates See Appendix “A”
Sales Tax & Utilities Users Tax Oversight Committee 1, 2, 3, 4, 5, 6. 7, 8 Senior Citizens Commissioners and Alternates 1, 2, 3, 4, 5, 6. 7, 8 City Manager
Administrative Specialist – Confidential 1, 2, 3, 4, 5, 6, 7, 8 Assistant to the City Manager 1, 2, 3, 4, 5, 6, 7, 8
Assistant City Manager/Chief Financial Officer See Appendix "A" City Clerk 1, 2, 3, 4, 5, 6, 7, 8
City Manager See Appendix "A"
Deputy City Manager 1, 2, 3, 4, 5, 6, 7, 8
Emergency Services Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II/III 1, 2, 3, 4, 5, 6, 7, 8
Recycling and Solid Waste Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Recycling Programs Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Solid Waste/Recycling Coordinator 1, 2, 5, 6, 7, 8
Supervising Personnel Analyst 1, 2, 5, 6, 7, 8
Sustainability Analyst I/II 1, 2, 5, 6, 7, 8
Community and Recreation Services
Community and Recreation Services Director 1, 2, 3, 4, 5, 6, 7, 8 Community and Recreation Services Manager 1, 2, 5, 6, 7, 8 Homeless Program Coordinator/Case Manager 1, 2, 5, 6, 7, 8 Recreation Program Coordinator 1, 2, 5, 6, 7, 8
Senior Recreation Supervisor 1, 2, 5, 6, 7, 8
Recreation Supervisor 1, 2, 5, 6, 7, 8
Youth Employment Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Youth and Family Services Clinical Supervisor 1, 2, 3, 4, 5, 6, 7, 8 Youth and Family Services Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Economic and Community Development
Assistant Planner 1, 2, 3, 4, 5, 6, 7, 8
Associate Planner 1, 2, 3, 4, 5, 6, 7, 8
Building Code Compliance Coordinator 1, 2, 3, 4, 5, 6, 7, 8 Building Code Compliance Inspector 1, 2, 3, 4, 5, 6, 7, 8 Chief Building Official 1, 2, 3, 4, 5, 6, 7, 8
Economic & Community Development Director 1, 2, 3, 4, 5, 6, 7, 8 Economic Development Manager 1, 2, 3, 4, 5, 6, 7, 8
Environmental Programs Inspector 1, 2, 3, 4, 5, 6, 7, 8 City Council/RSA Agenda 31 Tuesday, August 13, 2024
3 Environmental Programs Manager 1, 2, 3, 4, 5, 6, 7, 8 Housing & Community Development Manager 1, 2, 3, 4, 5, 6, 7, 8 Planning Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Building Inspector 1, 2, 3, 4, 5, 6, 7, 8
Senior Planner 1, 2, 3, 4, 5, 6, 7, 8
Finance Department
Accountant 1, 2, 3, 4, 5, 6, 7, 8
Budget Manager/Purchasing Agent 1, 2, 3, 4, 5, 6, 7, 8
Finance Director See Appendix “A”
Management Analyst I/II/III 1, 2, 3, 4, 5, 6, 7, 8
Revenue Collections Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Accountant 1, 2, 3, 5, 6, 7, 8
Supervising Accountant 1, 2, 3, 5, 6, 7, 8
Human Resources
Chief Human Resources Officer 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Analyst I/II 1, 2, 5, 6, 7, 8
Human Resources Manager 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Director 1, 2, 3, 4, 5, 6, 7, 8
Information Technology
Cyber Security Manager 1, 2, 3, 4, 5, 6, 7, 8
Information Technology Director 1, 2, 3, 4, 5, 6, 7, 8
Senior Systems Analyst 1, 2, 3, 4, 5, 6, 7, 8
Web and Database Administrator 1, 2, 3, 4, 5, 6, 7, 8
Police
Deputy Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Captain 1, 2, 3, 4, 5, 6, 7, 8
Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Lieutenant 1, 2, 3, 4, 5, 6, 7, 8
Police Sergeant 1, 2, 5, 6, 7, 8
Public Works
City Engineer 1, 2, 3, 4, 5, 6, 7, 8
Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7, 8
Public Works Director 1, 2, 3, 4, 5, 6, 7, 8
Public Works Fleet Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Grounds Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Streets Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Superintendent 1, 2, 3, 4, 5, 6, 7, 8
Supervising Construction Inspector 1, 2, 3, 4, 5, 6, 7, 8 Transit Manager 1, 2, 5, 6, 7, 8
Successor Agency to the Community Redevelopment Agency
Chairperson 1, 2, 3, 4, 5, 6, 7, 8
Board Members 1, 2, 3, 4, 5, 6, 7, 8
Executive Director (City Manager) 1, 2, 3, 4, 5, 6, 7, 8 Secretary (City Clerk) 1, 2, 3, 4, 5, 6, 7, 8
Treasurer (Finance Director) 1, 2, 3, 4, 5, 6, 7, 8
City Council/RSA Agenda 32 Tuesday, August 13, 2024
4 Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written description of the consultant’s duties should be submitted to and reviewed by the City Manager and, based upon that description, the City Manager should determine in writing the extent of the particular consultant’s disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

City Council/RSA Agenda 33 Tuesday, August 13, 2024
5 APPENDIX “C”
The following employees are clerical, secretarial, manual, or ministerial employees who do not make or participate in the making of decisions:

Finance and Information Technology
Finance Specialist I/II/III
Payroll Technician
City Council and Commissions
Youth Commissioners
City Manager
Communications Coordinator
Citywide (All Departments)
Administrative Assistant I, II, III
Intern
Office Specialist I/II/III (incl part time)
Economic & Community Development
Building/Code Compliance Inspector Trainee
Building Permit Technician
Building Permit Technician II
Community and Recreation Services
Case Manager
Facilities Maintenance Attendant
Intervention Counselor I/II
Lead Outreach Worker
LS Maintenance Worker
Preschool Site Supervisor
Project Specialist
Recreation Admin Tech
Recreation Aide I/II
Recreation Leader
Senior Recreation Leader
Street Outreach Worker
Police
Community Resources Coordinator
Community Service Aide
Office Coordinator
Police Cadet
Police Office Assistant
Police Officer
Police Officer Trainee
Police Records Supervisor
Police Reserve Officer
Property Clerk
Property Supervisor
Public Services Officer
Recruit Officer II
Senior Systems Analyst
Public Works
Engineer I/II/III (Civil)
Facilities Maintenance Worker
Fleet Parts Specialist
Lead Heavy Equipment Mechanic
Lead Facilities Maintenance Worker
Maintenance I, Parks & Grounds
Maintenance I, Streets
Maintenance II
Maintenance II, Parks & Grounds
Maintenance II, Streets
Maintenance Trainee, Parks & Grounds
Maintenance Trainee, Streets
Project Specialist
Public Works Inspector
Senior Public Works Inspector
Special Projects Coordinator
Street Sweeper Operator
Transit Planner I/II
Vehicle/Equipment Technician
Vehicle/Heavy Equipment Mechanic
City Council/RSA Agenda 34 Tuesday, August 13, 2024
-6-
APPENDIX “D”

GENERAL PROVISIONS
When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is considered to be doing business with the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interest in real property, he or she need only disclose real property which is located in whole or in part within, or not more than two miles outside of, the boundaries of the jurisdiction, or within two miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix “A” and “B”.

DISCLOSURE CATEGORIES
Category 1: All investments and sources of income.

Category 2: All interest in real property
Category 3: All investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department.

Category 4: Positions held and investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property.

Category 5: Positions held and investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Union City to provide services, supplies, materials, machinery or equipment.

Category 6: Positions held and investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment.

Category 7: Positions held and investments in business entities located in the City of Union City proper or in any land or facilities used, owned, or operated by the City of Union City.

Category 8: Positions held and investments in business entities or investments with natural persons that have contractual obligations or privileges with the City of Union City.

City Council/RSA Agenda 35 Tuesday, August 13, 2024

CITY OF UNION CITY CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) containing the terms of a standard conflict of interest code, which can be incorporated into an agency's code. After public notice and hearing, the Fair Political Practices Commission may amend the standard code to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix [or Appendices], designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the City of Union City ("City").

Individuals holding designated positions shall file their statements of economic interests with the City, making them available for public inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for those designated in the Political Reform Act as 87200 filers (i.e., mayors and city councilmembers, city managers, city attorneys, city treasurers, and members of planning commissions), the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. The City will retain all other statements.

City Council/RSA Agenda 36 Tuesday, August 13, 2024
APPENDIX “A”

POSITION LIST
POSITIONS DESIGNATED BY STATUTE GOVERNMENT CODE §87200
The code does not cover the following positions because they must file under Government Codes §87200 and are listed for information purposes only.

POSITION
Mayor
City Council Member
Planning Commissioner
Planning Alternate Commissioner
City Manager
City Attorney
Finance Director

DESIGNATED POSITIONS LISTS

CITY ATTORNEY

POSITION DISCLOSURE CATEGORY
Deputy City Attorney 1, 2, 3, 4, 5, 6, 7, 8

CITY MANAGER

POSITION DISCLOSURE CATEGORY
Administrative Specialist – Confidential 1, 2, 3, 4, 5, 6, 7, 8 City Clerk 1, 2, 3, 4, 5, 6, 7, 8
Deputy City Manager 1, 2, 3, 4, 5, 6, 7, 8
Emergency Services Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst III 1, 2, 3, 4, 5, 6, 7, 8
Recycling and Solid Waste Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Sustainability Analyst I/II 1, 2, 5, 6, 7, 8

COMMUNITY AND RECREATION SERVICES

POSITION DISCLOSURE CATEGORY
Community and Recreation Services Director 1, 2, 3, 4, 5, 6, 7, 8 Community and Recreation Services Manager 1, 2, 5, 6, 7, 8 Homeless Program Coordinator/Case Manager 1, 2, 5, 6, 7, 8 Recreation Program Coordinator 1, 2, 5, 6, 7, 8
Senior Recreation Supervisor 1, 2, 5, 6, 7, 8
Recreation Supervisor 1, 2, 5, 6, 7, 8
Youth Employment Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Youth and Family Services Clinical Supervisor 1, 2, 3, 4, 5, 6, 7, 8 Community Services Manager 1, 2, 3, 4, 5, 6, 7, 8
City Council/RSA Agenda 37 Tuesday, August 13, 2024

ECONOMIC AND COMMUNITY DEVELOPMENT

POSITION DISCLOSURE CATEGORY
Assistant Planner 1, 2, 3, 4, 5, 6, 7, 8
Associate Planner 1, 2, 3, 4, 5, 6, 7, 8
Building/Code Compliance Coordinator 1, 2, 3, 4, 5, 6, 7, 8 Building/Code Compliance Inspector 1, 2, 3, 4, 5, 6, 7, 8 Chief Building Official / Senior Plans Examiner 1, 2, 3, 4, 5, 6, 7, 8 Economic & Community Development Director 1, 2, 3, 4, 5, 6, 7, 8 Environmental Programs Inspector 1, 2, 3, 4, 5, 6, 7, 8 Environmental Programs Manager 1, 2, 3, 4, 5, 6, 7, 8
Housing & Community Development Manager 1, 2, 3, 4, 5, 6, 7, 8 Planning Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Building Inspector 1, 2, 3, 4, 5, 6, 7, 8
Senior Planner 1, 2, 3, 4, 5, 6, 7, 8

FINANCE DEPARTMENT

POSITION DISCLOSURE CATEGORY
Accountant 1, 2, 3, 4, 5, 6, 7, 8
Budget Manager / Purchasing Agent 1, 2, 3, 4, 5, 6, 7, 8 Management Analyst I/II 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst III 1, 2, 3, 4, 5, 6, 7, 8
Revenue Collections Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Accountant 1, 2, 3, 4, 5, 6, 7, 8
Supervising Accountant 1, 2, 3, 4, 5, 6, 7, 8

HUMAN RESOURCES

POSITION DISCLOSURE CATEGORY
Human Resources Analyst I 1, 2, 5, 6, 7, 8
Human Resources Analyst II 1, 2, 5, 6, 7, 8
Human Resources Manager 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Director 1, 2, 3, 4, 5, 6, 7, 8

INFORMATION TECHNOLOGY

POSITION DISCLOSURE CATEGORY
Cyber Security Manager 1, 2, 3, 4, 5, 6, 7, 8
Information Technology Director 1, 2, 3, 4, 5, 6, 7, 8
Senior Systems Analyst 1, 2, 3, 4, 5, 6, 7, 8
Web and Database Administrator 1, 2, 3, 4, 5, 6, 7, 8
POLICE

POSITION DISCLOSURE CATEGORY
Deputy Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Captain 1, 2, 3, 4, 5, 6, 7, 8
Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Lieutenant 1, 2, 3, 4, 5, 6, 7, 8
Police Sergeant 1, 2, 5, 6, 7, 8
City Council/RSA Agenda 38 Tuesday, August 13, 2024

PUBLIC WORKS

POSITION DISCLOSURE CATEGORY
City Engineer 1, 2, 3, 4, 5, 6, 7, 8
Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7, 8
Public Works Director 1, 2, 3, 4, 5, 6, 7, 8
Public Works Fleet Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Grounds Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Superintendent 1, 2, 3, 4, 5, 6, 7, 8
Supervising Construction Inspector 1, 2, 3, 4, 5, 6, 7, 8 Transit Manager 1, 2, 5, 6, 7, 8

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY

POSITION DISCLOSURE CATEGORY
Chairperson 1, 2, 3, 4, 5, 6, 7, 8
Board Members 1, 2, 3, 4, 5, 6, 7, 8
Executive Director (City Manager) 1, 2, 3, 4, 5, 6, 7, 8 Legal Counsel (City Attorney) 1, 2, 3, 4, 5, 6, 7, 8
Secretary (City Clerk) 1, 2, 3, 4, 5, 6, 7, 8
Treasurer (Finance Director) 1, 2, 3, 4, 5, 6, 7, 8

BOARDS, COMMISSIONS, AND COMMITTEES

POSITION DISCLOSURE CATEGORY
Arts and Culture Commissioners 1, 2, 3, 4, 5, 6, 7, 8
Arts and Culture Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Bicycle Pedestrian Advisory Committee 1, 2, 3, 4, 5, 6, 7, 8 Economic Development Advisory Team 1, 2, 3, 4, 5, 6, 7, 8 Human Relations Commissioners 1, 2, 3, 4, 5, 6, 7, 8
Human Relations Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Parks and Recreation Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Parks and Recreation Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Sales Tax & Utilities User Tax Oversight Committee 1, 2, 3, 4, 5, 6, 7, 8 Senior Citizens Commissioner 1, 2, 3, 4, 5, 6, 7, 8
Senior Citizens Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 OTHERS

POSITION DISCLOSURE CATEGORY
Consultants1 1, 2, 3, 4, 5, 6, 7, 8
Casual Employees performing work similar to a
designated position2
1, 2, 3, 4, 5, 6, 7, 8
Retired Annuitants3 1, 2, 3, 4, 5, 6, 7, 8

1 , Consultants designated for filing will do so based on service nature, adhering to the broadest disclosure category.

The City Manager can, in writing, limit a consultant's disclosure if their duties are narrowly scoped. This determination will describe the consultant's duties and the disclosure required, becoming a public record available for inspection. All consultant contracts must include a certification affirming no conflicts of interest with the City. 2 Casual employees will be designated as filers based on their service nature and must comply with the broadest disclosure category. The City Manager can exempt consultants from full disclosure if their duties are limited, detailing this in public written determination that outlines their duties and disclosure extent. All consultant agreements must include a no-conflict-of-interest certification.
3 Retired annuitants may be included in the list of designated employees when the City Manager, or his or her designee, determines that they are performing work that is the functional equivalent of a designated position. If such a determination is made, then disclosure shall be pursuant to the disclosure category required by this Code for the comparable designated staff position.

City Council/RSA Agenda 39 Tuesday, August 13, 2024
APPENDIX “B”

GENERAL PROVISIONS
When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income that do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is considered doing business with the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose an interest in real property, he or she need only disclose real property that is located in whole or in part within, or not more than two miles outside of, the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix “A” and “B”.

DISCLOSURE CATEGORIES
Category 1: All investments and sources of income.

Category 2: All interest in real property.

Category 3: All investments, interests in real property, and sources of income are subject to the department's regulatory, permit, or licensing authority.

Category 4: Positions held and investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property.

Category 5: Positions held and investments in business entities and sources of income of the type that have contracted with the City of Union City within the past two years to provide services, supplies, materials, machinery, or equipment.

Category 6: Positions held, investments in business entities, and sources of income of the type that, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery, or equipment.

Category 7: Positions held and investments in business entities located in the City of Union City proper or in any land or facilities used, owned, or operated by the City of Union City.

Category 8: Positions held and investments in business entities or investments with natural persons that have contractual obligations or privileges with the City of Union City.

City Council/RSA Agenda 40 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: THAI NAM PHAM, CITY CLERK
SUBJECT: ADOPT THREE (3) RESOLUTIONS APPOINTING INDIVIDUALS TO SERVE ON THE

ARTS & CULTURE COMMISSION, ECONOMIC DEVELOPMENT ADVISORY TEAM, AND

SENIOR CITIZENS COMMISSION
Staff has prepared three (3) separate resolutions appointing individuals to serve on Arts & Culture Commission, Economic Development Advisory Team, and Senior Citizens Commission.

STRATEGIC PLAN ALIGNMENT
Goal E. Communication and Outreach: Build strong connections with community partners, residents and employees.

BACKGROUND
A recruitment process was initiated to fill the scheduled term expirations, existing vacancies, and unscheduled vacancies on the noted boards, commissions, and committees. Interested parties were asked to submit applications to the City Clerk by July 12, 2024. Councilmembers conducted interviews on July 25, 2024.

DISCUSSION
Board and commission members are appointed by the Mayor with the approval of the City Council. At the request of Mayor DutraVernaci, resolutions have been prepared appointing the following individuals:

Arts & Culture Commission
Appoint Florence Tsang as an alternate to a four (4) year term expiring August 12, 2028.

Appoint Sarahbeth Roquez-Co as an alternate to a four (4) year term expiring August 12, 2028.

Economic Development Advisory Team
Appoint Asif Khan (at-large resident) to a term expiring August 8, 2027.

City Council/RSA Agenda 41 Tuesday, August 13, 2024
Senior Citizens Commission
Appoint Teresita Zurbano (currently alternate commissioner) to a four (4) year term expiring August 12, 2028.

Appoint Lillian Martinezto a four (4) year term starting on September 1, 2028, and expiring August 31, 2028.

Appoint Claudette Begin as an alternate to a four (4) year term expiring August 12, 2028.

Appoint Dean Nissen as an alternate to a four (4) year term expiring August 12, 2028.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends the City Councilconsider adopting the resolutions appointing individuals to serve on the Arts & Culture Commission, Economic Development Advisory Team, and Senior Citizens Commission.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Draft Resolution -Arts and Culture Commission Appointments Resolution Draft Resolution - EDATAppointments Resolution
Draft Resolution - Senior Citizens Commission Appointments Resolution 2024-08-13 - Desk ItemMemo with Revised Draft Resolution Resolution City Council/RSA Agenda 42 Tuesday, August 13, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPOINTING INDIVIDUALS TO SERVE ON

THE ARTS & CULTURE COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, and Committees due to membership reconstitution, term expirations, and unscheduled vacancies; and WHEREAS, a recruitment process was initiated, and the City Council conducted interviews on July 25, 2024; and
WHEREAS, members are appointed by the Mayor with the approval of the City Council.

NOW THEREFORE BE IT RESOLVED that the following individuals are hereby appointed to serve on the Arts & Culture Commission:

Appoint Florence Tsang as an alternate commissioner to a four (4) year term expiring August 12, 2028; and
Appoint Sarahbeth Roquez-Co as an alternate commissioner to a four (4) year term expiring August 12, 2028
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 43 Tuesday, August 13, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPOINTING INDIVIDUALS TO SERVE ON

THE ECONOMIC DEVELOPMENT ADVISORY TEAM
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, and Committees due to membership reconstitution, term expirations, and unscheduled vacancies; and WHEREAS, a recruitment process was initiated, and the City Council conducted interviews on July 25, 2024; and
WHEREAS, members are appointed by the Mayor with the approval of the City Council.

NOW THEREFORE BE IT RESOLVED that the following individuals are hereby appointed to serve on the Economic Development Advisory Team:

Appoint Asif Khan to the at-large position expiring August 8, 2027.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 44 Tuesday, August 13, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPOINTING INDIVIDUALS TO SERVE ON

THE SENIOR CITIZENS COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, and Committees due to membership reconstitution, term expirations, and unscheduled vacancies; and WHEREAS, a recruitment process was initiated, and the City Council conducted interviews on July 25, 2024; and
WHEREAS, members are appointed by the Mayor with the approval of the City Council.

NOW THEREFORE BE IT RESOLVED that the following individuals are hereby appointed to serve on the Senior Citizens Commission:

Appoint Teresita Zurbano to a four (4) year term expiring August 12, 2028; Appoint Lillian Martinez to a four (4) year term starting on September 1, 2024, and expiring August 31, 2028;
Appoint Claudette Begin as an Alternate Commissioner with a four (4) year term expiring on August 12, 2028; and
Appoint Dean Nissen as an Alternate Commissioner with a four (4) year term expiring on August 12, 2028.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 45 Tuesday, August 13, 2024
1 DATE: August 13, 2024
TO: Honorable Mayor and City Council
FROM: Thai Nam Pham, City Clerk
SUBJECT: Revised Resolution to Appoint Priya Tivar as a Commissioner on the Arts and Culture Commission
RECOMMENDATION:

Adopt the revised resolution appointing Priya Tivar as a Commissioner on the Arts and Culture Commission.

BACKGROUND:

On August 8, 2023, the City Council appointed Priya Tivar as an alternate to the Arts and Culture Commission by Resolution No. 6187-23. On March 15, 2024, former Commissioner Jenny Aguilar resigned from the Arts and Culture Commission, creating a vacancy. Since Jenny Aguilar's resignation, Priya Tivar has been serving as a commissioner, though no formal resolution has been adopted to appoint her to this position officially.

DISCUSSION:

The attached revised resolution addresses this oversight by formally appointing Priya Tivar as a commissioner on the Arts and Culture Commission for a term expiring on August 12, 2028. This appointment aligns with the City's procedure for filling vacancies on boards, commissions, and committees. The resolution also includes appointments of Florence Tsang and Sarabeth Roquez-Co as alternates to the Arts and Culture Commission.

The adoption of this revised resolution is necessary to ensure that Priya Tivar's service on the Commission is officially recognized and in accordance with the City's policies and procedures.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of this resolution.

CONCLUSION:

Staff recommends that the City Council adopt the revised resolution to formally appoint Priya Tivar as a Commissioner on the Arts and Culture Commission, thereby regularizing her current service in this capacity.

ATTACHMENTS:

1. Draft Revised Resolution - Arts and Culture Commission Appointments Prepared and Submitted by:

Thai Nam Pham, City Clerk
City Council/RSA Agenda 46 Tuesday, August 13, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPOINTING INDIVIDUALS TO SERVE ON

THE ARTS & CULTURE COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, and Committees due to membership reconstitution, term expirations, and unscheduled vacancies; and WHEREAS, a recruitment process was initiated, and the City Council conducted interviews on July 25, 2024; and
WHEREAS, members are appointed by the Mayor with the approval of the City Council.

NOW THEREFORE BE IT RESOLVED that the following individuals are hereby appointed to serve on the Arts & Culture Commission:

Appoint Priya Tivar as a commissioner to a four (4) term expiring August 12, 2028; Appoint Florence Tsang as an alternate commissioner to a four (4) year term expiring August 12, 2028; and
Appoint Sarahbeth Roquez-Co as an alternate commissioner to a four (4) year term expiring August 12, 2028.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 47 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION ESTABLISHING AUTHORITY TO OPEN AND MAINTAIN

ACCOUNTS, ESTABLISHING SIGNATURE AUTHORITY, AND ESTABLISHING

AUTHORIZATION TO TRANSFER FUNDS USING ONLINE BANKING SERVICES FOR THE

CITY'S ACCOUNTS AT FREMONT BANK
Staff recommends that the City Council adopt a resolution establishing authority to open and maintain accounts, establishing signature authority, and establishing authorization to transfer funds using online banking services for the City’s accounts at Fremont Bank.

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

BACKGROUND
With the appointment of Chu Thai as the City’s Accounting Manager, there is a need to change the authority to open and maintain accounts and to change the authorized signers on the City’s accounts at Fremont Bank. As part of this process, new authorizations are required by Fremont Bank to be authorized via a City Council resolution.

DISCUSSION
The City has established the following accounts with Fremont Bank – General Operating, Payroll and HCD (Housing and Community Development). The City now desires to appoint the following officials as authorized persons to open, maintain and/or add services to the City’s accounts and to serve as the authorized signers on the aforementioned accounts:
· Mayor
· City Manager
· Deputy City Manager
· Finance Director
· Accounting Manager
City Council/RSA Agenda 48 Tuesday, August 13, 2024
The attached resolution also identifies those employees authorized to create/initiate bank transfer between accounts, to the State’s Local Agency Investment Fund (LAIF), and to outside organizations for specific payments, such as debt service payments. All transfers require two individuals – the originator and the subsequent approver – to approve the transfer in order for the transfer to be processed.

This resolution also allows the Finance Director to authorize staff members performing duties related to general ledger accounting, accounts payable and payroll functions limited access to online banking services so that they may perform the banking activities associated with their job functions.

FISCAL IMPACT
There is no fiscal impact as a result of this action.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution establishing authority to open and maintain accounts, establishing signature authority, and establishing authorization to transfer funds using online banking services for the City’s accounts at Fremont Bank.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibits A, B, & C Exhibit
Exhibit D Exhibit
City Council/RSA Agenda 49 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY ESTABLISHING AUTHORITY TO OPEN

AND MAINTAIN ACCOUNTS, ESTABLISHING

SIGNATURE AUTHORITY, AND ESTABLISHING

AUTHORIZATION TO TRANSFER FUNDS USING
ONLINE BANKING SERVICES FOR THE CITY’S

ACCOUNTS AT FREMONT BANK
WHEREAS, the undersigned are representatives of the governing body of the City of Union City; and
WHEREAS, the following is a true and correct copy of this resolution duly adopted by the governing body of the City of Union City, who are authorized to act to bind the City, and that such resolution is in full force and effect and has not been amended, modified or repealed; and WHEREAS, the City Council has identified those officials authorized to open and maintain accounts contemplated on Fremont Bank’s signature cards and the Deposit and Account Agreement and Disclosure, copies of which have been presented to the City, and to open additional accounts and enter into additional agreements on behalf of the City for other services to be provided by Fremont Bank (whether relating to the accounts or otherwise), and to agree to the terms and conditions of the same, all for and on behalf of the City; and WHEREAS, the City Council has identified those officials authorized as signers on the City’s bank accounts or authorized to transfer funds via online banking; and WHEREAS, Fremont Bank requires formal authorization to verify the accuracy of the existing authorized officials and the officials’ signatures; and WHEREAS, the City would also like to formally notify Fremont Bank of those officials authorized to transfer funds between City accounts and other institutions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the following positions and individuals identified in Exhibit “A” are authorized to open and maintain accounts contemplated on Fremont Bank’s signature cards and the Deposit and Account Agreement and Disclosure, copies of which have been presented to the City, and are also authorized to open additional accounts and enter into additional agreements on behalf of the City for other services to be provided by Fremont Bank (whether relating to the accounts or otherwise), and to agree to the terms and conditions of the same, all for and on behalf of the City; and
BE IT FURTHER RESOLVED by the City Council of the City of Union City that the following positions and individuals identified in Exhibit “B” are given signature authority on the City’s bank accounts; and
BE IT FURTHER RESOLVED by the City Council of the City of Union City that the positions and individuals identified in Exhibit “B” are authorized to endorse, on behalf of the City, any checks or other items payable to the City or its order, to deposit such checks and other items in the accounts with or without such endorsement, to direct withdrawals from, write checks on, and give other instructions with reference to the accounts; and City Council/RSA Agenda 50 Tuesday, August 13, 2024
Resolution No. XXXX-24
Establishing Banking Authority and Online Fund Transfer Authorization for City Accounts at Fremont Bank

BE IT FURTHER RESOLVED by the City Council of the City of Union City that the following positions and individuals identified in Exhibit “C” are authorized to transfer funds via online banking; and
BE IT FURTHER RESOLVED by the City Council of the City of Union City that employee access to online banking services for routine general ledger accounting, accounts payable and payroll processing be handled administratively by the Finance Director; and BE IT FURTHER RESOLVED by the City Council of the City of Union City that this resolution, and Fremont Bank’s resolution, attached as Exhibit “D”, supersede any other authorizations in effect and shall remain in full force and effect until Fremont Bank receives written notice of its revocation, including, but not limited to, the ability or inability of any authorized signer to give Fremont Bank instructions on the accounts or on future deposit accounts, at the office of account or at any other address specified by Fremont Bank.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 - Authorized individuals for opening and maintaining bank accounts

2. Exhibit B - Authorized signatories for the City’s bank accounts

3. Exhibit C - Authorized individuals for online banking fund transfers

4. Exhibit D - Fremont Bank’s formal resolution related to these authorizations City Council/RSA Agenda 51 Tuesday, August 13, 2024
EXHIBIT “A”

FREMONT BANK AUTHORITY TO OPEN ACCOUNTS AND ENTER INTO
AGREEMENTS FOR OTHER SERVICES:

City of Union City General Operating Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Jennifer Phan
Finance Director Jackie Acosta
Accounting Manager Chu Thai
City of Union City Payroll Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Jennifer Phan
Finance Director Jackie Acosta
Accounting Manager Chu Thai
City of Union City HCD Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Jennifer Phan
Finance Director Jackie Acosta
Accounting Manager Chu Thai
EXHIBIT “B”
FREMONT BANK SIGNATURE AUTHORITY:

City of Union City General Operating Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Jennifer Phan
Finance Director Jackie Acosta
Accounting Manager Chu Thai
City of Union City Payroll Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Jennifer Phan
Finance Director Jackie Acosta
Accounting Manager Chu Thai
City of Union City HCD Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Jennifer Phan
Finance Director Jackie Acosta
Accounting Manager Chu Thai
City Council/RSA Agenda 52 Tuesday, August 13, 2024
EXHIBIT “C”
AUTHORIZATION TO TRANSFER FUNDS VIA FREMONT BANK’S ONLINE BANKING SERVICE:

Transfer funds between City bank accounts*:

Finance Director Jackie Acosta
Revenue Collections Manager Rahnni Le
Accounting Manager Chu Thai
Senior Accountant Jacqueline Mamaril
Senior Accountant Kun (Helen) Wu
Transfer funds to the State of California Local Agency Investment Fund (LAIF)*:

Finance Director Jackie Acosta
Revenue Collections Manager Rahnni Le
Accounting Manager Chu Thai
Senior Accountant Jacqueline Mamaril
Senior Accountant Kun (Helen) Wu
Transfer funds to other financial institutions*:

Finance Director Jackie Acosta
Revenue Collections Manager Rahnni Le
Accounting Manager Chu Thai
Senior Accountant Jacqueline Mamaril
Senior Accountant Kun (Helen) Wu
*Dual-control process required: one person originates the transaction, and a second person authorizes the release of funds via the online banking system.

City Council/RSA Agenda 53 Tuesday, August 13, 2024
NA-077 (05/21) Page 1 of 2

BANKING RESOLUTIONS
Account Title:

Tax Identification Number:

I/we, the undersigned, hereby certify to Fremont Bank (“Bank”) that the undersigned am/are the individual owner of the sole proprietorship, or the secretary of the corporation, or the general partners of a partnership, or the members (if management is by members) of the limited liability company, or the managers the limited liability company (if management is by the managers), or the representatives of the governing body of this organization;
Whereas, the following is a true and correct copy of Resolutions duly adopted by the Company (if a corporation), the partners (if a partnership), members/managers (if a limited liability company), proprietor (if a sole proprietorship) or other governing authority of the organization, who entitled, authorized or otherwise required to act to bind the organization, and that such Resolutions are in full force and effect and have not been amended, modified or repealed; Resolved That: The (title(s)) of this
organization is/are authorized to open and maintain the account(s) contemplated on Fremont Bank’s signature card and the Deposit Account Agreement and Disclosure, copies of which have been presented to the organization; and
Further Resolved That: The titles named above or the person or combination of persons listed as signers on the signature card and any amendments to the signature card are also authorized to open additional accounts and enter into additional agreements on behalf of the organization for other services to be provided by Fremont Bank (whether relating to the accounts or otherwise), and to agree to the terms and conditions of the same, all for on behalf of the organization; and Further Resolved That: The person or combination of persons listed as signers on the signature card are also authorized to open this account and endorse, on behalf of this organization, any checks or other items payable to the organization or its order, to deposit such checks and other items into the account with or without such endorsement, to direct withdrawals from, write checks on and give other instructions with reference to the account(s); and
Further Resolved That: This organization hereby ratifies the prior acts of its officers, agents or employees in opening the account with this Bank, together with any acts performed in relation to the account(s); and
Be It Further Resolved That: These resolutions are in addition to any other authorizations in effect and shall remain in force until Fremont Bank receives written notice of its revocation, including, but not limited to, the ability or inability of any authorized signer to give Fremont Bank instructions on the account(s) or on future deposit accounts, at the office of account or at any other address specified by Fremont Bank.

City of Union City
94-6036941
City Manager/Deputy City Manager/Finance Director/Accounting Manager/Revenue Collections Manager Exhibit D
City Council/RSA Agenda 54 Tuesday, August 13, 2024
NA-077 (05/21) Page 2 of 2
I certify under penalty of perjury under the laws of the State of California, that the following is true and correct of my own personal knowledge:

I am the of
(title) (name of organization)
a , is the
(type of entity, i.e., Corporation, LLC, Partnership, etc.) (officer name) of said organization; the signature card and signed by
(officer)
the officer(s) of this organization is the signature card contemplated by the foregoing resolutions; and additionally any amendments (Business Account Signature Card Amendment) or deletion of authorized signers on the signature card by the organization are authorized by the undersigned signature; and these resolutions remain unmodified and are still in full effect. All of the signatures appearing for authorized signer(s) on the signature card are those of the person(s) authorized in the resolutions; and these resolutions remain unmodified and are still in full force and effect.

WITNESS, my hand and authorization of the organization.

Signature:______________________________Dated:
(title)
Finance Director
Finance Director
City Government
the City of Union City
Jackie Acosta
Jackie Acosta
Finance Director Signature _Dated: August 13, 2024
City Council/RSA Agenda 55 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND (LAIF)
Staff recommends that the City Council adopt a resolution authorizing the investment of monies in the Local Agency Investment Fund (LAIF).

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

BACKGROUND
The Local Agency Investment Fund (LAIF) is an investment pool operated by the State of California for the benefit of state and local agencies. With the appointment of Chu Thai as the City’s Accounting Manager, there is a need to change those authorized to deposit monies in, and withdraw monies from, LAIF.

DISCUSSION
The City currently has money invested in the Local Agency Investment Fund (LAIF), which is an investment pool operated by the State of California for the benefit of the state and local agencies. With the appointment of Chu Thai as the City’s Accounting Manager, there is a need to change those authorized to deposit monies in, and withdraw monies from, LAIF. Staff recommends that the following positions be authorized to make transfers between LAIF and the City’s bank:

City Manager
Finance Director
Accounting Manager
Revenue Collections Manager
City Council/RSA Agenda 56 Tuesday, August 13, 2024
The attached resolution is the standard form resolution required by LAIF to authorize the investment of funds in LAIF and to designate transfer authority.

FISCAL IMPACT
There is no fiscal impact as a result of this action.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing the investment of monies in the LocalAgency Investment Fund (LAIF).

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Resolution Authorizing the Investment of Monies in LAIF Resolution Exhibit A to the Resolution Exhibit
City Council/RSA Agenda 57 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY AUTHORIZING THE INVESTMENT OF

MONIES IN THE LOCAL AGENCY INVESTMENT FUND
(LAIF)
WHEREAS, the Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Union City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the deposit and withdrawal of City of Union City monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein; and BE IT FURTHER RESOLVED by the City Council of the City of Union City as follows:

SECTION 1. The City of Union City officers holding the title(s) specified in Exhibit A, or their successors in office, are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby.

SECTION 2. This resolution rescinds Resolution No. 5798-21 adopted by the City Council of the City of Union City on July 13, 2021.

SECTION 3. This resolution shall remain in full force and effect until rescinded by the City Council of the City of Union City by resolution, and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

City Council/RSA Agenda 58 Tuesday, August 13, 2024
Resolution No. XXXX-24
Local Agency Investment Fund

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 – Authorized officers for LAIF transactions City Council/RSA Agenda 59 Tuesday, August 13, 2024

EXHIBIT A

AUTHORIZATION TO TRANSFER FUNDS BETWEEN THE LOCAL AGENCY INVESTMENT FUND AND THE CITY’S FINANCIAL INSTITUTIONS
LOCAL AGENCY INVESTMENT FUND ACCOUNT NO. 98-01-940:

City Manager
Finance Director
Accounting Manager
Revenue Collections Manager
City Council/RSA Agenda 60 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITHAVENU INSIGHTS & ANALYTICS, FOR UTILITY USERS' TAX (UUT) AUDIT SERVICES, IN THE AMOUNT OF $200,000, FOR A TOTAL CONTRACT AMOUNT OF $350,000, INCLUDING A35%

CONTINGENCY FEE FOR ANYADDITIONAL UUT AND/OR FRANCHISE FEE REVENUES

GENERATED
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Avenu Insights & Analytics, for Utility Users’ Tax audit services, in the amount of $200,000, for a total contract amount of $350,000, including a 35% contingency fee for any additional UUT and/or franchise fee revenues generated.

STRATEGIC PLAN ALIGNMENT
This staff report aligns with GoalA: Financial Stability and Sustainability.

BACKGROUND
On November 3, 2020, Union City voters approved the City’s local ballot measure, Measure WW, which established a 5% utility users’ tax. The utility users’ tax is levied on electricity, gas, video, and telecommunication services in accordance with Ordinance 881-20. The utility users’ tax provides an exemption for qualifying low income and senior residents. On January 12, 2021, the City Council adopted Resolution No. 5701-21 approving an Agreement with Avenu Insights & Analytics for Utility Users’ Tax Audit Services. Although that Agreement expired on January 12, 2024, Avenu Insights & Analytics has continued to provide these services pending an extension to the Agreement. City staff have been happy with the services provided by Avenu Insights & Analytics and would like to continue utilizing their services for another three years.

DISCUSSION
City Council/RSA Agenda 61 Tuesday, August 13, 2024
Under the fixed fee portion of this Agreement, Avenu Insights & Analytics provides professionalassistance in multiple areas related to the utility users’ tax, from notifications to utility providers, revenue collection, and protection from revenue loss due to new legislation, new technologies, outdated ordinance language and inaccurate information.

Under the contingency fee portion of this Agreement, Avenu Insights & Analytics conducts compliance audits to verify that the proper fees are being collected from electric, natural gas, video/cable and telecommunication companies. These compliance audits have the potential to generate additional tax revenue from companies that are not in compliance. For these compliance audits, Avenu Insights & Analytics charges a 35% contingency fee that is applied to the additional utility users’ tax and/or franchise fee revenues that are generated as a result of Avenu Insights & Analytics’ audit services.

FISCAL IMPACT
The fiscal impact to the General Fund over the extended term of the Agreement through December 31, 2026, is not to exceed $200,000 for the fixed fee program and the 35% contingency fee for additional UUT and/or franchise fee revenues generated for the City that are discovered as a result of Avenu Insight & Analytics’ audit services. Funding for the extension of this Agreement was included in the FY 2024-2025 Adopted Budget in Account Number 1110-1511-15011-54110 (General Fund – Finance – Finance – Professional/Consulting).

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Avenu Insights & Analytics, for Utility Users’ Tax audit services, in the amount of $200,000, for a total contract amount of $350,000, including a 35% contingency fee for any additional UUT and/or franchise fee revenues generated.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
First Amendment to the CSA with Avenu Insights &Analytics Attachment Exhibit Bto the First Amendment to the CSA with Avenu Insights &Analytics Exhibit City Council/RSA Agenda 62 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY AUTHORIZING THE CITY MANAGER TO EXECUTE THE

FIRST AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH AVENU INSIGHTS & ANALYTICS, FOR UTILITY
USERS’ TAX (UUT) AUDIT SERVICES, IN THE AMOUNT OF $200,000, FOR A TOTAL CONTRACT AMOUNT OF $350,000, INCLUDING A 35%

CONTINGENCY FEE FOR ANY ADDITIONAL UUT AND/OR

FRANCHISE FEE REVENUES GENERATED
WHEREAS, on November 3, 2020, Union City voters approved the City’s local ballot measure, Measure WW, which established a 5% utility users’ tax. The utility users’ tax is levied on electricity, gas, video, and telecommunication services in accordance with Ordinance 881-20; and
WHEREAS, the utility users’ tax provides an exemption for qualifying low income and senior residents; and
WHEREAS, on January 12, 2021, the City Council adopted Resolution No. 5701-21 approving an agreement with Avenu Insights & Analytics for Utility Users’ Tax Audit Services.

Although that agreement expired on January 12, 2024, Avenu Insights & Analytics has continued to provide these services pending an extension to the Agreement; and WHEREAS, city staff have been happy with the services provided by Avenu Insights & Analytics and would like to continue utilizing their services for another three years, through December 31, 2026; and
WHEREAS, under the fixed fee portion of this Agreement, Avenu Insights & Analytics provides professional assistance in multiple areas related to the utility users’ tax, from notifications to utility providers, revenue collection, and protection from revenue loss due to new legislation, new technologies, outdated ordinance language and inaccurate information; and WHEREAS, under the contingency fee portion of this Agreement, Avenu Insights & Analytics conducts compliance audits to verify that the proper fees are being collected from electric, natural gas, video/cable and telecommunication companies. These compliance audits have the potential to generate additional tax revenue from companies that are not in compliance; and
WHEREAS, for the compliance audits, Avenu Insights & Analytics charges a 35% contingency fee that is applied to the additional utility users’ tax and/or franchise fee revenues that are generated as a result of Avenu Insights & Analytics’ audit services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Avenu Insights & Analytics, for Utility Users’ Tax audit services, in the amount of $200,000, for a total contract amount of $350,000, including a 35% contingency fee for any additional UUT and/or franchise fee revenues generated, and to extend the Term of Services through December 31, 2026.

City Council/RSA Agenda 63 Tuesday, August 13, 2024
Resolution No. XXXX-24
First Amendment to Agreement with Avenu Insights & Analytics for UUT Audit Services

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 64 Tuesday, August 13, 2024

FIRST AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF UNION CITY AND

AVENU INSIGHTS & ANALYTICS
This First Amendment to Consulting Services Agreement, is effective January 13, 2024, by and between the City of Union City, a municipal corporation, (“City”) and Avenu Insights & Analytics, a Delaware Limited Liability Company (“Consultant”) (together referred to as “Parties”).

RECITALS
WHEREAS, the Parties executed a Consulting Services Agreement (C5689) (the “Agreement”), dated January 12, 2021, to provide Utility Users’ Tax (“UUT”) Audit Services; and
WHEREAS, the initial term of the Agreement was for a three-year period ending on January 12, 2024; and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of services to be provided by the Consultant, and to increase the compensation; and WHEREAS, the City and the Consultant desire to enter into this First Amendment.

NOW, THEREFORE, the Parties hereby agree as follows:

1. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to December 31, 2026.

2. Section 2 “Compensation” of the Agreement is hereby amended to reflect payment based upon a sum increase of Two Hundred Thousand Dollars ($200,000), as set forth in Exhibit B to this First Amendment. The total compensation under the Agreement, including this First Amendment, shall not exceed a total amount of Three Hundred Fifty Thousand Dollars ($350,000).

Section 2 “Compensation” shall now read:

City hereby agrees to pay Consultant a sum not-to-exceed Three Hundred Fifty Thousand Dollars ($350,000) notwithstanding any contrary indications that may be contained in Consultants proposal for services to be performed and reimbursable costs incurred under this Agreement.

Beginning January 13, 2024, the fixed fee will be $40,000. Each year on the anniversary of this agreement, the fixed fee will be adjusted by the percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward, CA, area, as reported by the Bureau of Labor Statistics, but in no event shall the increase exceed City Council/RSA Agenda 65 Tuesday, August 13, 2024

3.0%. The CPI-U used for the adjustment will be the CPI-U for June of the prior year.

3. All other provision of the Agreement remain unchanged, except as modified by this First Amendment.

City of Union City Consultant
Avenu Insights & Analytics
____________________________ _______________________
Joan Malloy Paul Colangelo
City Manager Chief Executive Officer
Dated: _____________________ Dated: __________________
Attested:
_____________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 66 Tuesday, August 13, 2024

EXHIBIT B - COMPENSATION
B.1 UTILITY USER AND FRANCHISE FEE COMPLIANCE PROGRAM
Compensation for Annual Fixed Fee Program
• Total Annual Fixed Fee: The CLIENT’s total annual fixed fee for participating in the Program shall be a fixed fee of $40,000 annually. The fixed fee will be provided at a discounted rate of $40,000 per year, payable at $10,000 per quarter, commencing upon execution of the contract.
• Price Increase: Annually, effective on the anniversary date of this agreement, the fixed fee will be adjusted by the percentage change in the Consumer Price Index – West Urban (CPIWU) as reported by the Bureau of Labor Statistics, but not to exceed an increase of 3.00%.

The CPI-WU used for the adjustment for the next fiscal year will be the CPI-WU for June of the previous fiscal year.
• Quarterly Payments of Fixed Fee: Said annual fixed fee shall be paid in four equal quarterly payments with due dates of: March 31, June 30, September 30, and December 31. Invoices for services rendered shall be in arrears (invoiced for the immediately preceding quarter).

If the effective date of this Agreement is other than on an invoice date, the CLIENT shall be invoiced for the first quarterly payment on the immediately following invoice date as set forth herein. CLIENT shall be invoiced and responsible for a prorated portion of the preceding quarter based on the effective date of this Agreement. Payment will be made to CONSULTANT within thirty (30) days of receipt by CLIENT. Any amounts which remain unpaid after thirty (30) days shall accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum amount permitted by law. These quarterly payments are nonrefundable.

Optional: Compensation for CLIENT-Specific Compliance Review Services • With respect to a CLIENT-specific compliance review referred to under the CLIENTspecific statement of work above, CONSULTANT shall be entitled to a contingent fee compensation where CONSULTANT’s compliance review activities result in the identification of additional UUT and Franchise Fee revenues. • The contingency fee compensates CONSULTANT for new revenue generated through our UUT compliance and discovery activities. A 35% Contingency Fee will be applied for additional UUT or Franchise Fee revenues generated due to CONSULTANT’s compliance and discovery activities through the UUT Program. These include discoveries from the annual telecom compliance letters CONSULTANT sends out to all telecom providers and the annual SB 278 review CONSULTANT conducts for non-core gas and electric suppliers. The 35% Contingency Fee applies to any additional revenue received by the CLIENT for eighteen (18) months following the discovery. In addition, the 35% Contingency Fee applies to all retroactive recovery (past periods), including penalties and interest.

City Council/RSA Agenda 67 Tuesday, August 13, 2024
• In calculating additional revenues, if actual revenue amounts are not available or easily obtained, CONSULTANT may, with the approval of the CLIENT, use the best available information to estimate the additional revenues (e.g., averaging known underpayments or use of industry averages). As used in this subsection, the term “additional revenues” includes the value of any other services, credits, property of every kind or nature, or other consideration received by the CLIENT in lieu of monetary payment. • CONSULTANT’s compensation is due and payable within thirty (30) days of the CLIENT’s receipt of CONSULTANT’s invoice. Any undisputed amounts that remain unpaid after thirty (30) days shall accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum amount permitted by law.

B.2 ADDITIONAL CONSULTING
Compensation Plan
CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from ninety dollars ($90) per hour to three-hundred fifty dollars ($350) per hour.

Position Rate
• Principal • $350
• Director • $225
• Client Success Manager • $175
• Senior Analyst • $150
• IT • $200
• Analyst • $125
• Admin • $90
These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.

City Council/RSA Agenda 68 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
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 INTERVENTION COUNSELOR Staff recommends that the City Council adopt a resolution to approve an update of the class specification of Intervention Counselor.

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 Intervention Counselor job duties, and the needs of the City's Community and Recreation Services Department to align the position's functions with appropriate qualifications and experience expectations, staff recommends minor modifications to the classification specification (job description).

DISCUSSION
The proposed modifications to the Intervention Counselor class specifications (job description) is to align qualifications, experience and skills expected for the role and to broaden the candidate pool. The goal is to provide clarity on essential functions, to articulate the class characteristics, and clarify minimum educationaland experience qualifications.

The City has met and conferred with the Professional Employees Group (PEG) regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time. The Community and Recreation Services Department worked with the Human Resources Department to ensure the class specification is updated prior to future recruitments.

City Council/RSA Agenda 69 Tuesday, August 13, 2024

FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of the proposed changes to the class specifications of the Intervention Counselor.

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 description of Intervention Counselor.

Prepared by:

Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Intervention Counselor Job Specification (Redlined) Attachment Intervention Counselor Job Specification (Clean) Attachment City Council/RSA Agenda 70 Tuesday, August 13, 2024

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 INTERVENTION COUNSELOR
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the position of Intervention Counselor; and 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 Intervention Counselor; 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 Intervention Counselor; 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 Intervention Counselor class specification, attached hereto and incorporated herein by reference, effective August 13, 2024.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classification of Intervention Counselor.

City Council/RSA Agenda 71 Tuesday, August 13, 2024
Resolution No. XXXX-24
Updating Class Specification for Intervention Counselor

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 72 Tuesday, August 13, 2024
1 INTERVENTION COUNSELOR
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code: 30080
Created: March 1999
Revised: October
2019JulyAugust 13, 2024

DEFINITION
Under the general supervision of the Youth & Family Services Clinical Supervisor and the Community Services Manager, the Intervention Counselor provides crisis intervention, and individual and family counseling; identifies appropriate referral services to youth, families and individuals. ; participates in department and community meetings as necessary.

CLASS CHARACTERISTICS
Intervention Counselor is a journey-level professional classification. Incumbents perform the full range of counseling duties within the CommunityYouth and Family Services division. Incumbents in this position receive occasional instruction as new or unusual situations arise. The Intervention Counselor is distinguished from the Clinical Supervisor in that the latter is responsible for overseeing clinical work, and providing direct supervision to clinical staff and interns, responsible for ensuring counselors follow professional guidelines, establishes processes and procedures for the clinical side of the division, researches and provides appropriate training, and is the primary liaison with the school district and police department in regard to referrals, counseling, and crisis support. Wwhile the Intervention Counselor provides direct counseling, run group counseling and workshops, andworkshops, and provides intervention services and supportive tools and resources to clients.

Evening and weekend work may be required, and incumbents may be on 24-hour call for emergency call outs.

EXAMPLES OF DUTIES (illustrative only)
• Provide individual, family and group counseling to children, adolescents, and adults using a variety of therapeutic and counseling techniques. • Provide crisis intervention services around a variety of issues including:
incorrigible youth/status offenders, child/adult abuse, domestic violence, trauma, individuals experiencing mental health issues, and families in conflict; may conduct visits at homes, schools, and juvenile detention centers. • Conduct assessments to identify appropriate resources, provide referral services and connect clients with additional services as needed. • ; May receive, process and track all incoming case management, outreach, and counseling referrals as needed.
• Represent the City of Union City in the name of AC Probation, Centro de Servicouservicios, Tiburcio Vazquez, Malabar House/Eden Counseling Services, City Council/RSA Agenda 73 Tuesday, August 13, 2024
2 NHUSD school administrators – principals, teachers, student services staff, UC Family Center, Fremont Resource Center, (Fresh Lives for Youth (FLY), Filipinos Advocates For Justice (FAFJ), MidPen Housing, Bay Area Community Health (BACH), Safe Alternatives helters To Against Violent Environments (SAVE) to continue to dDevelop and maintain relationships with other these social welfare agencies and organizations.
• Prepare and give presentations to youth, parents and community members. • Conduct outreach to promote programs and services.
• Generate and maintain appropriate records, client files, and accurate statistical/monthly reports.
• Participate in weekly and monthly department and community meetings, trainings, and workshops as necessary..
• May provide guidance and clinical supervisionsupport to non-clinical staff who engage with clients, training and assistance to other staff, interns or volunteers. • Develop and implement new processes and procedures as needed. • Attend meetings, trainings and workshops.

MINIMUM QUALIFICATIONS
Education and Experience:

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

Master’s degree in Counseling, Clinical Psychology, Clinical Social Work, Psychology, Human Development or a closely related field and one (1) year of experience providing crisis counseling, counseling/psychotherapy to individuals, families and or youth.

Licenses and Certificates:

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

Possession of a current Licensed Marriage Family Therapist (LMFT) or Clinical Social Worker (LCSW); or registered, licensed eligible Associate Marriage and Family Therapist (AMFT) or Associate Social Worker (ASW).

KNOWLEDGE AND ABILITIES
Knowledge Of:
 The theory and principle of human development, particularly child development.;
 The social aspects of mental and emotional adjustment, including normal and abnormal behavior.;
 Principles, methods and trends of social casework.;
City Council/RSA Agenda 74 Tuesday, August 13, 2024
3  Principles and techniques of crisis intervention and family therapy, which includes interviewing techniques and treatment modalities.;  Child abuse trends and treatment.; and
 Community resources in the mental health and human services area.

Ability To:
 Perform crisis intervention dealing with problems of a psychiatric or crisis nature.;
 Establish effective and productive relationships with clients.;  Establish cooperative working relationships with law enforcement, school personnel, and other social service providers across a variety of settings.;  Work independently to make sound decisions and remain focused under potentially stressful conditions.;
 Produce various reports including statistical reports and maintains records as necessary.; and
 Work varied hours and responds to call-outs.Work varied hours like evenings and weekends and may be on 24-hour call for emergency call outs. 
Licenses and Certificates:

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

Possession of a current Marriage Family Therapist (MFT), Pupil Personnel Services Credential (PPS) or Clinical Social Worker (LCSW) State Board of Behavioral Science License within one year of employment.

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.

Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly to move objects. If the use of arm and/or leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time, the job is rated for Light Work.

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

City Council/RSA Agenda 75 Tuesday, August 13, 2024
4 Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 76 Tuesday, August 13, 2024
1 INTERVENTION COUNSELOR
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code: 30080
Created: March 1999
Revised: August 13, 2024

DEFINITION
Under the general supervision of the Youth & Family Services Clinical Supervisor, the Intervention Counselor provides crisis intervention and individual and family counseling; identifies appropriate referral services to youth, families and individuals; participates in department and community meetings as necessary.

CLASS CHARACTERISTICS
Intervention Counselor is a journey-level professional classification. Incumbents perform the full range of counseling duties within Youth and Family Services. Incumbents in this position receive occasional instruction as new or unusual situations arise. The Intervention Counselor is distinguished from the Clinical Supervisor in that the latter is responsible for overseeing clinical work, providing direct supervision to clinical staff and interns, responsible for ensuring counselors follow professional guidelines, establishes processes and procedures for the clinical side of the division, researches and provides appropriate training, and is the primary liaison with the school district and police department in regard to referrals, counseling, and crisis support. While the Intervention Counselor provides direct counseling, run group counseling and workshops, and provides intervention services and supportive tools and resources to clients.

EXAMPLES OF DUTIES (illustrative only)
• Provide individual, family and group counseling to children, adolescents, and adults using a variety of therapeutic and counseling techniques. • Provide crisis intervention services around a variety of issues including incorrigible youth/status offenders, child/adult abuse, domestic violence, trauma, individuals experiencing mental health issues, and families in conflict; may conduct visits at homes, schools, and juvenile detention centers. • Conduct assessments to identify appropriate resources, provide referral services and connect clients with additional services as needed. • May receive, process and track all incoming case management, outreach, and counseling referrals as needed.
• Represent the City of Union City in the name of AC Probation, Centro de Servicous, Tiburcio Vazquez, Malabar House/Eden Counseling Services, NHUSD school administrators – principals, teachers, student services staff, UC Family Center, Fremont Resource Center, (Fresh Lives for Youth (FLY), Filipinos Advocates For Justice (FAFJ), MidPen Housing, Bay Area Community Health City Council/RSA Agenda 77 Tuesday, August 13, 2024
2 (BACH), Shelters Against Violent Environments (SAVE) to continue to develop and maintain relationships with these social welfare agencies and organizations. • Prepare and give presentations to youth, parents and community members. • Conduct outreach to promote programs and services.
• Generate and maintain appropriate records, client files, and accurate statistical/monthly reports.
• Participate in weekly and monthly department and community meetings, trainings, and workshops as necessary.
• May provide guidance and clinical support to non-clinical staff who engage with clients.
• Develop and implement new processes and procedures as needed.

MINIMUM QUALIFICATIONS
Education and Experience:

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

Master’s degree in counseling, Clinical Psychology, Clinical Social Work, Psychology, Human Development or a closely related field and one (1) year of experience providing crisis counseling, counseling/psychotherapy to individuals, families or youth.

Licenses and Certificates:

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

Possession of a current Licensed Marriage Family Therapist (LMFT) or Clinical Social Worker (LCSW); or registered, licensed eligible Associate Marriage and Family Therapist (AMFT) or Associate Social Worker (ASW).

KNOWLEDGE AND ABILITIES
Knowledge Of:
• The theory and principle of human development, particularly child development. • The social aspects of mental and emotional adjustment, including normal and abnormal behavior.
• Principles, methods and trends of social casework.
• Principles and techniques of crisis intervention and family therapy, which includes interviewing techniques and treatment modalities. • Child abuse trends and treatment.
• Community resources in the mental health and human services area.

City Council/RSA Agenda 78 Tuesday, August 13, 2024
3 Ability To:
• Perform crisis intervention dealing with problems of a psychiatric or crisis nature.
• Establish effective and productive relationships with clients. • Establish cooperative working relationships with law enforcement, school personnel, and other social service providers across a variety of settings. • Work independently to make sound decisions and remain focused under potentially stressful conditions.
• Produce various reports including statistical reports and maintains records as necessary.
• Work varied hours like evenings and weekends and may be needed on 24-hour call for emergency call outs.

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.

Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly to move objects. If the use of arm and/or leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time, the job is rated for Light Work.

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 79 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ADOPT TWO RESOLUTIONS: 1) AUTHORIZING EXAMINATION OF SALES OR

TRANSACTION AND USE TAX RECORDS BY CITY STAFF, MUNISERVICES, LLC, (DBA

AVENU MUNISERVICES LLC) AND HINDERLITER DE LLAMAS & ASSOCIATES (DBA HDLCOMPANIES);AND 2) AUTHORIZING EXAMINATION OF SALES OR TRANSACTION AND USE TAX RECORDS BY STRATEGIC ECONOMICS, INC.

The State Board of Equalization requires City Council approval to allow select city staff and/or consultants to examine confidential City sales and use tax records maintained by the California Department of Tax and Fee Administration ("Department"). It is necessary for select staff and consultants hired by the City to have access to this data to analyze trends and support the City’s economic development initiatives. Staff recommends that the City Counciladopt the two attached Resolutions: 1) Authorizing examination of sales or transaction and use tax records by City staff, MuniServices, LLC (DBA AVENU MuniServices), Hinderliter De Llamas & Associates (DBA HdL Companies); and 2) Authorizing examination of sales or transaction and use tax records by Strategic Economics, Inc.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with:

Goal A. Financial Stability and Sustainability: Foster fiscal health through disciplined long-term planning cost control, heightened efficiency, increased revenue and cost recovery.

BACKGROUND
The City Council adopted Ordinance No.10 on February 2, 1959, to allow Union City to enter into a contract with the State Board of Equalization to perform all functions related to administration and collection of local sales and use taxes.

The Department is responsible for all functions related to the administration and collection of sales and use taxes. The Department requires that the City Council authorize by resolution designated staff and consultants that require access to confidential sales or transactions and use taxes. Access to this confidential data is a necessary function of designated staff and consultants when performing budget revenue forecasting, business license tax administration and to achieve the city’s economic development and fiscal goals.

The State of California Revenue and Taxation Code Section 7056 requires sales and use tax data to remain confidential but authorizes the examination of such data by officers and employees of local jurisdictions who are designated by resolution of the legislative body of the City Council/RSA Agenda 80 Tuesday, August 13, 2024
jurisdiction. The review of confidential information is governed by State law and sets certain requirements and conditions for the disclosure of sales and use of tax records. State law establishes criminal penalties for the unlawful disclosure of sales and use of tax information.

Consultants designated by the City to review sales and use taxes must meet all of the following conditions:
a) has an existing contract with the City to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; d) is prohibited by that contract from retaining the information contained in or derived from those sales or transactions and use tax records, after that contract has expired.

The City typically addresses requirements b-d by including language in the City's standard Consulting Services Agreement entered into between the consultant and City or sometimes as an amendment to the City's standard agreement. All of the consultants referenced in the staff report have contracts with the City and are required to abide by the provisions above.

Resolutions approved by the City Council pursuant to Revenue and Taxation Code Section 7056 are submitted to and logged by the Department. Consultants are only permitted access to data for the terms of their consulting agreement.

DISCUSSION
Staff is recommending the adoption of two resolutions, which are described below in more detail, to allow the examination of sales or transactions and use tax data by City staff and consultants. The draft resolutions 1) utilize a new resolution template provided by the Department 2) update the list of City positions and consultants who can access the data; 3) provide the City Manager the ability to update the list of City positions without City Council approval moving forward; and 4) provide for any prior resolutions adopted for this purpose to be superseded.

Based on feedback from the Department, staff prepared two resolutions. The first of these (Attachment 1) allows for City staff and the City’s sales tax consultants MuniServices, LLC (DBA AVENU MuniServices), and Hinderliter De Llamas & Associates (DBA HdL Companies), both with long-term City consulting agreements, to have access to confidential sales tax data. Based on feedback from the Department, a second resolution was needed to authorize Strategic Economics, Inc. to have temporary access to the same data during the term of their contract with the City.

The City Council has approved multiple resolutions over the last several years to allow various City staff and consultants, including AVENU MuniServices and HdL Companies, access to examine confidential sales, transactions and use tax records. These include the following Resolution numbers: 2426-03, 4100-11, 4608-14; 4626-14; 4673-14, 5709-21, and 6227-23. The draft resolution language stipulates these resolutions will be superseded, which is part of the template language provided by the State.

Attachment 1 includes an updated list of City positions who can access confidential sales tax data, which is listed below. The updated list ref the addition of new positions and updates to existing position titles. • City Manager
• Finance Director
• Deputy City Manager
• Economic and Community Development Director
• Economic Development Manager
• Economic Development Coordinator
• Revenue Collections Manager
• Finance Specialist III
City Council/RSA Agenda 81 Tuesday, August 13, 2024
• Accounting Manager
• Information Technology Director
• Management Analysist (assigned to the office of the City Manager) • City Attorney
• Deputy City Attorney
• Planning Manager
On June 11, 2024, the City Council authorized an agreement with Strategic Economics, Inc. to update the City’s Economic Development Strategic Plan. Strategic Economics, Inc. requires access to sales tax data to support the Economic Development Strategic Plan update. Per feedback from the Department, due to Strategic Economics, Inc. only needing temporary access to the data, a second resolution was prepared granting them access.

FISCAL IMPACT
There is no impact to the General Fund from approval of this agenda item.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolutions 1) Authorizing examination of sales or transaction and use tax records by City staff, MuniServices, LLC (DBA AVENU MuniServices), and Hinderliter De Llamas & Associates (DBA HdL Companies), and 2) Authorizing examination of sales or transaction and use tax records by Strategic Economics, Inc.

Prepared by:

Gloria Ortega, Economic Development Manager
Submitted by:

Gloria Ortega, Economic Development Manager
ATTACHMENTS:

Description Type
Attachment 1 - Draft Resolution Allowing City Staffand HdLAccess to Sales Tax Data
Resolution
Attachment 2 - Draft Resolution Allowing Strategic Economics Access to Sales Tax Data
Resolution
City Council/RSA Agenda 82 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING EXAMINATION OF SALES

OR TRANSACTIONS AND USE TAX RECORDS BY CITY

STAFF AND MUNISERVICES, LLC (DBA AVENU

MUNISERVICES LLC) AND HINDERLITER DE LLAMAS
& ASSOCIATES (DBA HDLCOMPANIES)
WHEREAS, pursuant to Ordinance Number 10, the City of Union City (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Number 911-22, Revenue and Taxation Code section 7270, the City entered into a contract with the Department to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Union City deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY HEREBY RESOLVES AS FOLLOWS:

Section 1. That the
 City Manager
 Finance Director
 Deputy City Manager
 Economic and Community Development Director
 Economic Development Manager
 Economic Development Coordinator
 Revenue Collections Manager
 Finance Specialist III
 Accounting Manager
 Information Technology Director
 Management Analysist (assigned to the office of the City Manager)  City Attorney
 Deputy City Attorney
 Planning Manager
City Council/RSA Agenda 83 Tuesday, August 13, 2024
Resolution No. XXXX-24
Authorization for Examination of Tax Records by City Staff and Designated Consultants

or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to
examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2.

The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget revenue forecasting
(b) Business License Tax administration
(c) Economic Development Program management.

The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Section 3. That MuniServices, LLC (DBA AVENU MuniServices, LLC) and Hinderliter de Llamas & Associates (DBA HdL Companies) are hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all the following conditions, which are also included in the contracts between the City, MuniServices, LLC (DBA AVENU MuniServices, LLC) and Hinderliter de Llamas & Associates (DBA HdL Companies).
a) have existing contracts with the City to examine those sales or transactions and use tax records;
b) is required by contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information;
c) is prohibited by contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by contract from retaining the information contained in or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in Section 2 of this resolution.

City Council/RSA Agenda 84 Tuesday, August 13, 2024
Resolution No. XXXX-24
Authorization for Examination of Tax Records by City Staff and Designated Consultants

Section 4. That this resolution supersedes the following Resolutions: Resolution No. 2426-03; Resolution No. 4100-11; Resolution No. 4608-14; Resolution No. 4626-14; Resolution No.4673- 14; Resolution No. 5709-21; and Resolution No. 6227-23 of the City Council of the City of Union City adopted pursuant to subdivision (b) of Revenue and Taxation Code section.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13thday of August 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 85 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING EXAMINATION OF SALES OR

TRANSACTIONS AND USE TAX RECORDS BY STRATEGIC
ECONOMICS, INC.

WHEREAS, pursuant to Ordinance Number 10, the City of Union City (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Number 911-22, Revenue and Taxation Code section 7270, the City entered into a contract with the Department to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Union City deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY HEREBY RESOLVES AS FOLLOWS:

Section 1. That the
 City Manager
 Finance Director
 Deputy City Manager
 Economic and Community Development Director
 Economic Development Manager
 Economic Development Coordinator
 Revenue Collections Manager
 Finance Specialist III
 Accounting Manager
 Information Technology Director
 Management Analysist (assigned to the office of the City Manager)  City Attorney
 Deputy City Attorney
 Planning Manager
 Environmental Programs Manager
or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to City Council/RSA Agenda 86 Tuesday, August 13, 2024
Resolution No XXXX-24
Authorization for Examination of Tax Records by Strategic Economics, Inc.

examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2.

The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget revenue forecasting
(b) Business License Tax administration
(c) Economic Development Program management.

The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Section 3. That Strategic Economics, Inc. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and Strategic Economics, Inc.:
a) has an existing contract with the City to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.

Section 4. That this resolution supersedes the following resolutions: Resolution No. 2426-03; Resolution No. 4100-11; Resolution No. 4608-14; Resolution No. 4626-14; Resolution No.4673-14; Resolution No. 5709-21; Resolution No. 6227-23 of the City Council of the City of Union City adopted pursuant to subdivision (b) of Revenue and Taxation Code section.

City Council/RSA Agenda 87 Tuesday, August 13, 2024
Resolution No XXXX-24
Authorization for Examination of Tax Records by Strategic Economics, Inc.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 88 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MCKIM CORPORATION, IN THE AMOUNT OF $2,372,999, APPROVING A TOTAL PROJECT BUDGET, IN THE AMOUNT OF $2,860,690, APPROPRIATING $453,593 OF SB 1 FUNDS (FUND 2515) AND $227,097 OF TDAARTICLE 3 FUNDS (FUND 4100) TO THE DECOTO ROAD PROJECT, PHASE 1, CITY PROJECT NO. 23-24, AND INCREASING THE REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND (FUND 4100) BY$227,097
Staff recommends that the City Council adopt a resolution awarding a construction contract to McKim Corporation, in the amount of $2,372,999, approving a total project budget, in the amount of $2,860,690, appropriating $453,593 of SB 1 funds (Fund 2515) and $227,097 of TDA Article 3 funds (Fund 4100) to the Decoto Road Project, Phase 1, City Project No. 23-24, and increasing the revenue projections in the Capital Projects Fund (Fund 4100) by $227,097.

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

Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.

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

BACKGROUND
Decoto Road in Union City serves as a major transportation corridor for both Union City and the South Alameda County Region and is considered a principal arterial. The roadway connects to Mission Boulevard on the east side of the community, serves as the primary access road to the Union City BART Station, provides access to James Logan High School via Meyers Drive and Alvarado-Niles Road, before it continues westward and becomes State Route 84 in Fremont. Decoto Road is traversed by approximately 22,000- 25,000 vehicles daily and is in significant need of repair after passing its expected service life many years ago.

The Decoto Road Project, Phase 1, City Project No. 23-24, will rehabilitate the roadway, including repairing failed pavement areas, pavement grinding, asphalt concrete overlay, adjustment of roadway utilities and restriping of Decoto Road from the Fremont city limits City Council/RSA Agenda 89 Tuesday, August 13, 2024
(Alameda County Flood Control Channel Bridge) to Station Way near BART. The geometry and lane widths willalso be reconfigured to add a Class II buffered bike lane, an upgrade from its current conventional Class II bike lane, to improve safety and visibility for both bicyclists and motorists.

On December 12, 2023, the City entered into a Consulting Services Agreement with CSG Consultants (C6052), in the amount of $53,860, to prepare Final PS&E (Plans, Specifications & Estimates) for the Decoto Road Project, Phase 1, City Project No. 23-24, and then on April 23, 2024, the City entered into a First Amendment to the Consulting Services Agreement with CSG Consultants (C6052b), to increase the contract amount by $18,200, for a total contract amount of $72,060, to finalize the Final PS&E (Plans, Specifications & Estimates) for the Decoto Road Project, Phase 1, City Project No. 23-24.

On April 16, 2024, the Decoto Road Project, Phase 1, City Project No. 23-24, was presented to the Bicycle and Pedestrian Advisory Committee (BPAC) for their review and to provide comments on the proposed design of pedestrian, bicycle and transit improvements and for concurrence on the programming of FY 2023-2024 and FY 2024-2025 Transportation Development Act (TDA), Article 3, Pedestrian/Bicycle project funding, in the totalamount of $227,097, to the Decoto Road Project, Phase 1, City Project No. 23-24.

The Engineer’s Estimate for the construction phase was $2,400,000.

DISCUSSION
On May 21, 2024, the City released a Notice Inviting Bids for the Decoto Road Project, Phase 1, City Project No. 23-24. The City received three bids; however, all were determined to be non-responsive and, after consultation with the City Attorney, on June 18, 2024 a letter rejecting all bids was sent to the three prospective bidders. On July 9, 2024, the City Council adopted Resolution No. 6326-24, rejecting all bids for the Decoto Road Project, Phase 1, City Project No. 23-24.

On July 16, 2024, the City released a second Notice Inviting Bids for the Decoto Road Project, Phase 1, City Project No. 23-24. On July 30, 2024, at 2:00 PM, the City received seven bids. The lowest bidder was determined to be McKim Corporation. Further analysis of their bid package confirms they have met all requirements, making them the lowest responsive and responsible bidder.

McKim Corporation has performed satisfactory work as a subcontractor for projects in Union City, and a review of their qualifications reveals multiple successful street rehabilitation projects for several local municipalities, including multiple Bay Area cities such as Gilroy, Monte Sereno, San Mateo, and Morgan Hill.

On May 28, 2024, the City Council adopted Resolution No. 6305-24, authorizing the City Manager or their designee to submit an application to the Metropolitan Transportation Commission (MTC) for the allocation of FY 2023-2024 and FY 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.

On June 11, 2024, the City Council adopted Resolution No. 6311-24, adopting a list of projects for FY 2024-2025 funded by SB 1:

The Road Repair and Accountability Act of 2017. The Decoto Road Project, Phase 1, City Project No. 23-24, as one of the projects included, is eligible to receive funding from the estimated $1,813,927 in RMRA monies expected to be received in FY 2024-2025.

For major roadway construction projects, the standard practice is to allocate a 10% construction contingency to address any unforeseen conditions that may require additional construction activities. Because the project was required to be readvertised, the construction duration will be during the fall and winter months with shorter working hours especially when daylight savings time begins in November. James Logan High School is now in session also limiting the weekly daytime working-hours. To ensure a successful construction contract, a 12.5% construction contingency is recommended. The Construction Engineering, which includes project management, materials testing and inspection, should also be included in the total project budget, at 5%.

The Total Construction Budget is as follows:

Construction Contract Amount (including Alternative Bids) $2,372,999 Contingency – 12.5% of Construction Contract $296,981
City Council/RSA Agenda 90 Tuesday, August 13, 2024
Construction Engineering (Project Management, Materials Testing, Inspection) – 5% of Construction Contract
$118,650
Total Estimated Construction Cost $2,788,630
The total Project Budget needed to successfully complete the Decoto Road Project, Phase 1, City Project No. 23-24, is $2,860,690, which includes $72,060 for the Consultant Contract for the PS&E work (which was completed under a separate contract) and $2,788,630 for the total required construction budget.

FISCAL IMPACT
The total project budget included in the approved Five-Year Capital Improvement Program (CIP) is in FYs 2023-2024 and 2024-2025 and totals $2,180,000 and is funded as shown in the table below:

The total Project Budget needed to successfully complete the Decoto Road Project, Phase 1, City Project No. 23-24, is $2,860,690, which includes $72,060 for the Consultant Contract for the PS&E work. $2,788,630 is the total required for the construction budget. With current budget of $2,180,000 and a total project budget of $2,860,690 required to complete the project, there is budget shortfall of $680,690. This budget shortfall will be funded by: 1) appropriating $453,593 of the estimated $1,813,927 of SB 1 funds to be received in FY 2024-2025 to the project (Account Number 2515-3199-92324-54111), and 2) appropriating the $227,097 in TDA Article 3 funds to the project (Account Number 4100-3199-92324-54111).

There is no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution which includes the following actions:

1. Awarding a construction contract to McKim Corporation, in the amount of $2,372,999, for the construction of the Decoto Road Project, Phase 1, City Project No. 23-24; and

2. Approving a totalconstruction budget, in the amount of $2,788,630, for the construction contract, construction contingency, construction management services and project contingency; and

3. Approving a total project budget, in the amount of $ 2,860,690, for the PS&E work and the totalconstruction budget; and

4. Appropriating $453,593 of SB 1 funds to the SB 1 Fund, Account Number 2515-3199-92324-54111 (SB 1 Fund – PW General – Decoto Road Project, Phase 1 – Contractual Services); and

5. Increasing the revenue projections in the Capital Projects Fund, Account Number 4100-92324-44141 (Capital Projects Fund – Decoto Road Project, Phase 1 – TDA Article 3 Funds) by $227,097; and

6. Appropriating $227,097 of TDA Article 3 funds to the Capital Projects Fund, Account Number 4100-3199-92324-54111 (Capital Projects Fund – PW General – Decoto Road Project, Phase 1 – Contractual Services).

City Council/RSA Agenda 91 Tuesday, August 13, 2024
Prepared by:

Trieu Tran, Engineer III (Civil)
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A - BPACPresentation Exhibit
Exhibit B- Bid Summary Exhibit
City Council/RSA Agenda 92 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AWARDING A CONSTRUCTION CONTRACT TO MCKIM
CORPORATION, IN THE AMOUNT OF $2,372,999, APPROVING A
TOTAL PROJECT BUDGET, IN THE AMOUNT OF $2,860,690,
APPROPRIATING $453,593 OF SB 1 FUNDS (FUND 2515) AND $227,097 OF TDA ARTICLE 3 FUNDS (FUND 4100) TO THE DECOTO ROAD
PROJECT, PHASE 1, CITY PROJECT NO. 23-24, AND INCREASING THE

REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND (FUND
4100) BY $227,097
WHEREAS, Decoto Road in Union City serves as a major transportation line for both the City and the South Alameda County Region and is considered a principal arterial; and WHEREAS, Decoto Road is traversed by approximately 22,000-25,000 vehicles daily and is in significant need of repair after passing its expected service life many years ago; and WHEREAS, the Decoto Road Project, Phase 1, City Project No. 23-24, will rehabilitate the roadway, including repairing failed pavement areas, pavement grinding, asphalt concrete overlay, adjustment of roadway utilities, and restriping of Decoto Road from the Fremont city limits (Alameda County Flood Control Channel Bridge) to Station Way; and WHEREAS, the geometry and lane widths will also be reconfigured to add a Class II buffered bike lane, an upgrade from its current conventional Class II bike lane, to improve safety and visibility for both bicyclists and motorists; and
WHEREAS, on December 12, 2023, the City entered into a Consulting Services Agreement with CSG Consultants (C6052), in the amount of $53,860, to prepare Final PS&E (Plans, Specifications & Estimates) for the Decoto Road Project, Phase 1, City Project No. 23-24; and
WHEREAS, on April 16, 2024, the Decoto Road Project, Phase 1, City Project No. 23- 24, was presented to the Bicycle and Pedestrian Advisory Committee (BPAC) for their review and to provide comments on the proposed design of pedestrian, bicycle and transit improvements and for concurrence on the programming of FY 2023-2024 and FY 2024-2025 Transportation Development Act (TDA), Article 3, Pedestrian/Bicycle project funding, in the total amount of $227,097, to the Decoto Road Project, Phase 1, City Project No. 23-24 (see Exhibit A); and WHEREAS, on April 23, 2024, the City entered into a First Amendment of the Consulting Services Agreement with CSG Consultants (C6052b), to increase the contract amount by $18,200, for a total contract amount of $72,060, to finalize the Final PS&E (Plans, Specifications & Estimates) for the Decoto Road Project, Phase 1, City Project No. 23-24; and WHEREAS, on May 21, 2024, the City released a Notice Inviting Bids for the Decoto Road Project, Phase 1, City Project No. 23-24, and received three bids; however, all were determined to be non-responsive and, after consultation with the City Attorney, a letter rejecting all bids was sent out to the three prospective bidders on June 18, 2024; and City Council/RSA Agenda 93 Tuesday, August 13, 2024
Resolution No. XXXX-24
Award Construction Contract for Decoto Road Project, Phase 1

WHEREAS, on May 28, 2024, the City Council adopted Resolution No. 6305-24, authorizing the City Manager or their designee to submit an application to the Metropolitan Transportation Commission (MTC) for the allocation of FY 2023-2024 and FY 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; and WHEREAS, on June 11, 2024, the City Council adopted Resolution No. 6311-24, adopting a list of projects for FY 2024-2025 funded by SB 1: The Road Maintenance Repair and Accountability Act of 2017 and the Decoto Road Project, Phase 1, City Project No. 23-24, as one of the projects included, is eligible to receive funding from the estimated $1,813,927 in RMRA monies expected to be received in FY 2024-2025; and
WHEREAS, on July 9, 2024, the City Council adopted Resolution No. 6326-24, rejecting all bids for the Decoto Road Project, Phase 1, City Project No. 23-24; and WHEREAS, on July 16, 2024, the City released a second Notice Inviting Bids for the Decoto Road Project, Phase 1, City Project No. 23-24. On July 30, 2024, at 2:00 PM, the City received seven bids. The lowest bidder was determined to be McKim Corporation. Further analysis of their bid package confirms they have met all requirements, making them to be the lowest responsive and responsible bidder (see Exhibit B); and
WHEREAS, McKim Corporation has performed satisfactory work for Union City in the past, has successfully completed several road reconstruction projects in the Bay Area, and the City Engineer recommends that it is in the City’s best interest to award the Decoto Road Project, Phase 1, City Project No. 23-24, to McKim Corporation; and
WHEREAS, the total construction budget, in the amount of $2,788,630, includes the construction contract ($2,372,999), a contingency of about 12.5% of the construction contract ($296,981), and construction engineering of 5% of the construction contract ($118,650); and WHEREAS, the total project budget includes $72,060 for the Consultant Contract for the PS&E work (under separate contract) and the total construction budget of $2,788,630, totaling $2,860,690; and
WHEREAS, the currently approved budget for the Decoto Road Project, Phase 1, City Project No. 23-24, is $2,180,000, which is identified in the approved Five-Year Capital Improvement Program (CIP) in FYs 2023-2024 and 2024-2025 with $1,000,000 of Allied Waste Vehicle Impact Fees funds (Fund 2620), $80,000 of SB 1 Roads funds (Fund 2515), and $1,100,000 of Measure BB Streets funds (Fund 2545); and WHEREAS, the budget shortfall of $680,690 will be funded by appropriating $453,593 of the estimated $1,813,927 of SB 1 funds to be received in FY 2024-2025 to the project (Account Number 2515-3199-92324-54111) and appropriating the $227,097 in TDA Article 3 funds to the project (Account Number 4100-3199-92324-54111).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards the construction contract for the Decoto Road Project, Phase 1, City Project No. 23-24, to McKim Corporation, in the amount of $2,372,999; and City Council/RSA Agenda 94 Tuesday, August 13, 2024
Resolution No. XXXX-24
Award Construction Contract for Decoto Road Project, Phase 1

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a total construction budget, with contingencies and construction engineering, in the amount of $2,788,630, and a total project budget including PS&E, in the amount of $2,860,690, for the Decoto Road Project, Phase 1, City Project No. 23-24; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $453,593 of SB 1 funds to the SB 1 Fund, Account Number 2515-3199-92324-54111 (SB 1 Fund – PW General – Decoto Road Project, Phase 1 – Contractual Services); and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby increases the revenue projections in the Capital Projects Fund, Account Number 4100-92324- 44141 (Capital Projects Fund – Decoto Road Project, Phase 1 – TDA Article 3 Funds) by $227,097; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $227,097 of TDA Article 3 funds to the Capital Projects Fund, Account Number 4100-3199-92324-54111 (Capital Projects Fund – PW General – Decoto Road Project, Phase 1 – Contractual Services).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 – BPAC Presentation

2. Exhibit B – Bid Summary
City Council/RSA Agenda 95 Tuesday, August 13, 2024
Transportation
Development Act, Article 3
– 2024 Distribution
Union City
Decoto Road Rehab Project, Phase 1
City Council/RSA Agenda 96 Tuesday, August 13, 2024
TDA Article 3
• MTC Resolution 4108 delineates procedures
and criteria for submission of claims for
Article 3 funding for pedestrian and bicycle
facilities.
• 2024 cycle will have ~$3 million available and
is being administered by Alameda County
Public Works Agency
• Local agencies have until June 14, 2024 to:
• Decide to distribution of their allocation
• Present to their established BPAC the
City Council/RSA Agenda 97 Tuesday, August 13, 2024 intent of use under named project(s) Union City Allocation
City Council/RSA Agenda 98 Tuesday, August 13, 2024
Decoto Road Rehab, Phase I
• Decoto Road is one of our principal arterials and is
regionally significant for southern Alameda County
• Currently, the roadway is 2 lanes in each direction
that carries an Average Daily Traffic (ADT) of 24,000
to 30,000 vehicles per day
• A traditional Class II Bike lane exist in both
directions
JLHS
City Council/RSA Agenda 99 Tuesday, August 13, 2024
Rehab and Bike & Ped Improvements
Dyer @ Regents
City Council/RSA Agenda 100 Tuesday, August 13, 2024
Dyer @ Regents
Dyer @ Meteor
City Council/RSA Agenda 101 Tuesday, August 13, 2024
Project will achieve:
• ADA compliance
• Enhanced crosswalks
• Increased visibility of bicyclists
with wide buffered bike lanes
• Defined bike riding zones
• Protection from typical conflict
zones (turning)
• Bus/Bike conflict zones
identified
• Reduction of injuries/accidents
on High Injury Network (Decoto
in top 5)
• Reduced travel lanes to 11-feet
to encourage slower vehicle
speeds
City Council/RSA Agenda 102 Tuesday, August 13, 2024
Project Timeline & Cost

PROJECT

ADVERTISEM
ENT IS

ESTIMATED

TO BE IN
LATE APRIL –

EARLY MAY

CONSTRUCTION

ESTIMATED TO

BEGIN IN
SUMMER 2024
AND BE

COMPLETE LATE
AUGUST – EARLY

SEPTEMBER
ENGINEER’S

ESTIMATE FOR

TOTAL PROJECT

COST IN THE
RANGE OF $2.2
TO $2.4
MILLION.

TDA ARTICLE 3

WILL HELP WITH

APPROXIMATELY
10% OF

PROJECT COSTS
City Council/RSA Agenda 103 Tuesday, August 13, 2024
City Council/RSA Agenda 104 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH TDG ENGINEERING, INC., IN THE AMOUNT OF $33,526, FOR A TOTAL CONTRACT AMOUNT OF $108,145, FOR

THE PREPARATION OF A GREEN STREETS REPORT FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the amount of $33,526, for a totalcontract amount of $108,145, for the preparation of a Green Streets Report for the Quarry Lakes Parkway Project, City Project No. 18-04.

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

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

BACKGROUND
Quarry Lakes Parkway is identified as an important multimodal corridor in southern Alameda County to support the build-out of the Station District Area surrounding the Union City BART Station. The project is identified in the Alameda County Transportation Commission (Alameda CTC)’s Countywide Transportation Plan (CTP) and Metropolitan Transportation Commission (MTC)’s Plan Bay Area (PBA) 2050 for the San Francisco Bay Area.

In 2018, Union City became the project sponsor for Quarry Lakes Parkway, Phases 1-4 in Union City between Old Alameda Creek and Mission Boulevard (City Project No. 18-04). Alameda CTC approved funding for the Final Design of Quarry Lakes Parkway, Phases (Segments) 1 and 2 on November 20, 2020 with 1986 Measure B funds and provided Union City with the executed Project Funding Agreement No. A22-0053 in September 2021.

City Council/RSA Agenda 105 Tuesday, August 13, 2024
At the November 19, 2020 Alameda County Transportation Commission (Alameda CTC) Meeting, Alameda CTC staff in partnership with Union City staff, presented the findings of the Quarry Lakes Parkway (former East West Connector) project. Following Alameda CTC staff’s recommendation, the full Commission adopted a resolution to:

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

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

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

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

On August 3, 2023, the City of Union City entered into Consulting Service Agreement with TDG Engineering, Inc., Inc. (C5970), in the amount of $74,619, for the production of project renderings and preparation of a Green Streets Report for Quarry Lakes Parkway, City Project No. 18-04. The Green Streets Report will highlight sustainability features of the Quarry Lakes Parkway project. The goal of this document is to tell a compelling story of Quarry Lakes Parkway (QLP) and how it meets various sustainability, climate resiliency, and green infrastructure goals of the City (and potentially overlapping jurisdictions). The report will be highly visual, focused on presenting information through graphics and accompanying narrative.

On December 2, 2023, project renderings designed by TDG Engineering, Inc. were used to showcase the most up-to-date design and engineering concepts for Quarry Lakes Parkway to Union City residents at the Station District Community Open House.

On December 19, 2023, the City of Union City executed the First Amendment to the Consulting Services Agreement with TDG Engineering, Inc. (C5970b), to extend the “Term of Services” of the Agreement to December 31, 2024, to continue their marketing and communications support for the Quarry Lakes Parkway project.

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

In addition to engineering and design work, other critical project efforts include coordination and meetings with the City of Fremont, Regional Water Quality Control Board, Alameda County Flood Control & Water Conservation District, Gateway site developer, BART, Union Pacific Railroad, and other “interested parties;” and public outreach and engagement on the project’s multiple engineering and design elements. A communications strategy is critical for coordinating with multiple project stakeholders and educating the public on the corridor’s multiple features and added value to the community.

A key component to this strategy is the development of a “Green Streets” report to demonstrate how Quarry Lakes Parkway supports the sustainability goals of the City and region by creating greater transit and rail connectivity, improved bicycle and pedestrian trails, integrated “complete streets” design components (i.e. enhanced tree canopy, urban cooling, and improved stormwater management) and opportunities for ecological restoration in Old Alameda Creek.

The Second Amendment to the Consulting Services Agreement, in the requested amount of $33,526, if approved, will allow TDG Engineering, Inc., to continue to provide communication materials support and to continue to develop the Green Streets Report and additionalartistic renderings for the Quarry Lakes Parkway Project.

The Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the requested amount of $33,526, if City Council/RSA Agenda 106 Tuesday, August 13, 2024
approved, will bring the totalcontract amount to $108,145, and willextend the “Term of Services” in the Agreement to June 30, 2025.

FISCAL IMPACT
The Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the amount of $33,526, will be funded with Measure BB funds (Account Number 2545-3199-91804-54110) as identified in the approved Five-Year Capital Improvement Plan (CIP) from FY 2023-2024 through FY 2027-2028.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the amount of $33,526, for a totalcontract amount of $108,145, for the preparation of a Green Streets Report for the Quarry Lakes Parkway Project, City Project No. 18-04.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 - Second Amendment Attachment
City Council/RSA Agenda 107 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY AUTHORIZING THE CITY MANAGER

TO EXECUTE THE SECOND AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT WITH TDG
ENGINEERING, INC., IN THE AMOUNT OF $33,526, FOR A
TOTAL CONTRACT AMOUNT OF $108,145, FOR THE

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

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

Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection; and
WHEREAS, QLP also includes Phase 5: Paseo Padre and Trail Connection, which is in both the cities of Union City and Fremont; and
WHEREAS, on November 19, 2020, the Alameda CTC adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B, CMA-TIP, and future LATIP (Local Agency Transportation Improvement Program) proceeds from the sale of the former Caltrans Route 84 property in Union City for funding Quarry Lakes Parkway (former East West Connector); and
WHEREAS, on August 3, 2023, the City of Union City entered into a Consulting Services Agreement, C5970, with TDG Engineering, Inc., in the amount of $74,619, for the preparation of a Green Streets Report, which will highlight sustainability features of the Quarry Lakes Parkway project. The goal of this document is to tell a compelling story of Quarry Lakes City Council/RSA Agenda 108 Tuesday, August 13, 2024
Resolution No. XXXX-24
Approve Second Amendment to CSA with TDG Engineering, Inc.

Parkway (QLP) and how it meets various sustainability, climate resiliency, and green infrastructure goals of the City (and potentially overlapping jurisdictions). The report will be highly visual, focused on presenting information through graphics and accompanying narrative; and
WHEREAS, on December 19, 2023, the City of Union City entered into a First Amendment to the Consulting Services Agreement with TDG Engineering, Inc., to extend the term to December 31, 2024; and
WHEREAS, the Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the requested amount of $33,526, if approved, will allow TDG Engineering, Inc. to continue to provide Project Management Services for Quarry Lakes Parkway, Phases 1-4, including but not limited to, project communication materials, updates to the draft and final Sustainability (i.e. “Green Streets”) Report, development of an illustrative section of QLP highlighting multiple elements as individual layers, and creating additional renderings for the Quarry Lakes Parkway Project, City Project No. 18-04; and WHEREAS, the Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the requested amount of $33,526, if approved, will bring the total contract amount to $108,145, and will extend the “Term of Services” in the Agreement to June 30, 2025; and
WHEREAS, the Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., in the amount of $33,526, will be funded with Measure BB funds (Account Number 2545-3199-91804-54110), as identified in the approved Five-Year Capital Improvement Plan (CIP) from FY 2023-2024 through FY 2027-2028; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with TDG Engineering, Inc., which will increase the contract amount by $33,526, for a total contract amount of $108,145, and which will extend the “Term of Services” of the Agreement to June 30, 2025, for the preparation of a Green Streets Report for the Quarry Lakes Parkway Project, City Project No. 18-04.

City Council/RSA Agenda 109 Tuesday, August 13, 2024
Resolution No. XXXX-24
Approve Second Amendment to CSA with TDG Engineering, Inc.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 110 Tuesday, August 13, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and Toole Design Group, LLC

SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5970)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 13th day of August, 2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and TDG ENGINEERING, INC. ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on August 3, 2023, the Parties entered into a Consulting Services Agreement (C5970) (“Agreement”) wherein the Consultant will provide the City with consulting services related to a Quarry Lakes Green Streets Report for the Quarry Lake Parkway Project, City Project No. 18-04, in the amount of $74,619; and
WHEREAS, on December 19, 2023, the Parties entered into a First Amendment to the Agreement (“First Amendment”), to extend the term of services; and WHEREAS, the Parties desire to further amend the Agreement to extend the term of services to be provided by the Consultant, amend the scope of services to be provided by the Consultant, and increase the compensation; and
WHEREAS, the City and the Consultant desire to enter into this Second Amendment.

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

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

2. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to June 30, 2025.

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Thirty-Three Thousand Five Hundred Twenty-Six Dollars ($33,526), as set forth in Exhibit B of this Second Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Hundred Eight Thousand One Hundred Forty-Five Dollars ($108,145). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Hundred Eight Thousand One Hundred Forty-Five Dollars ($108,145), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

5. All other provisions of the Agreement, remain unchanged except as modified by this City Council/RSA Agenda 111 Tuesday, August 13, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and Toole Design Group, LLC

Second Amendment.

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

THE CITY OF UNION CITY TOOLE DESIGN GROUP, LLC
By By
Joan Malloy Roswell Eldridge
City Manager Executive Vice President
Attest: ___________________________
Thai Nam Pham
City Clerk
Approved as to Form: ____________________________ Kristopher J. Kokotaylo City Attorney
City Council/RSA Agenda 112 Tuesday, August 13, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and Toole Design Group, LLC

EXHIBIT A

SCOPE OF SERVICES
QLP Report and Renderings
City of Union City, Public Works Department
City Project No. 18-04, Quarry Lakes Parkway (QLP)
Project Communication Materials
Toole Design Project Number: 02OAK.00211
Task 5: Update Draft and Final Report
Task 5 includes incorporating the latest client feedback for the draft report. The draft report will be reviewed by the QLP City Management Team, and one (1) round of revisions will be made on consolidated comments from the client.

Task 6: Quarry Lakes Parkway Section
Task 6 includes the development of an illustrative section of QLP that highlighting multiple elements as individual layers. This task includes up to two(2) rounds of revisions.

Task 7: Additional Illustrative Renderings
Task 7 includes creating up to four (4) additional renderings with up to two (2) rounds of revisions based on client feedback.

City Council/RSA Agenda 113 Tuesday, August 13, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and Toole Design Group, LLC

EXHIBIT B

COST PROPOSAL
Total Amendment: $33,526
Current Staff Rates:

Cindy Zerger, ASLA $276/hour
Ellie Fiore, AICP $276/hour
Teresa Damaske $190/hour
Erin Williams $190/hour
Niharika Kannan, $150/hour
Rates are valid through October 31, 2024.

Escalation occurs on or about April 1 annually.

Additional classifications may be added over the contract term.

Reimbursable expenses will be charged at cost.

City Council/RSA Agenda 114 Tuesday, August 13, 2024
City Council/RSA Agenda 115 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., IN THE AMOUNT OF $945,000, FOR A TOTAL CONTRACT AMOUNT OF $1,019,950, FOR PRELIMINARY DESIGN OF CATEGORY 1A, 1B, 1C AND 1D AND THE FINAL DESIGN OF CATEGORY 1A FOR THE CORPORATION YARD MASTER PLAN, CITY PROJECT NO. 23-26, AND APPROVING A BUDGET TRANSFER OF $30,000 FROM THE TRANSIT FUND (FUND 5110) TO THE PUBLIC IMPROVEMENTS FUND (FUND 4160)
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., in the amount of $945,000, for a total contract amount of $1,019,950 for Preliminary Design of Category 1A, 1B, 1C, and 1D and the Final Design for the Corporation Yard Master Plan, City Project No. 23-26, and approving a budget transfer of $30,000 from the Transit Fund (Fund 5110) to the Public Improvements Fund (Fund 4160).

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

Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station and completion of the Pedestrian Rail Crossing and the sale and development to of City-owned land.

Goal D, Strategy 10: Environmental Sustainability and Infrastructure - Create and implement a plan to maintain and upgrade the City’s buildings.

BACKGROUND
Quarry Lakes Parkway (QLP) Project is a new four-lane multimodalcorridor, parallel to Decoto Road between Paseo Padre City Council/RSA Agenda 116 Tuesday, August 13, 2024
Parkway in Fremont and Mission Boulevard in Union City, and the Decoto Road “Compete Streets” Project is the modification of the existing four-lane Decoto Road to a transit priority and multimodalcorridor between I-880 and Paseo Padre Parkway in Fremont, which will be implemented by the City of Fremont.

QLP in Union City consists of Phase 1: 7th Street Connection, Phase 2: Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection. QLP also includes Phase 5: Paseo Padre and Trail Connection, which is in both the cities of Union City and Fremont.

Quarry Lakes Parkway in southern Alameda County supports the build-out of the Station District Area surrounding the Union City BART Station. The project is identified in the Alameda County Transportation Commission (Alameda CTC)’s Countywide Transportation Plan (CTP) and Metropolitan Transportation Commission (MTC)’s Plan Bay Area (PBA) 2050 for the San Francisco Bay Area.

On November 19, 2020, the Alameda County Transportation Commission adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B, CMA-TIP, and future LATIP (LocalAgency Transportation Improvement Program) proceeds from the sale of the former Caltrans Route 84 property in Union City for funding on Quarry Lakes Parkway (former East West Connector), Phases 1-4 projects for approximately $208 million with the QLP, Phase 1: 7th Street Connection at $16.7 million and QLP, Phase 2: Gateway Connection (on the former Caltrans Property) at $20.3 million, which are fully funded phases.

On January 11, 2022, City Counciladopted Resolution No. 5878-22 that authorized the City Manager to execute a Consulting Services Agreement with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Final Design) of Phases 1 and 2 for the Quarry Lakes Parkway Project, City Project No. 18-04.

On November 22, 2022, City Counciladopted Resolution No. 6045-22 that authorized the City Manager to execute the First Amendment of the Consulting Services Agreement with Mark Thomas & Company, Inc. for Final Design of Phases 1 and 2 for the Quarry Lakes Parkway Project. Mark Thomas’ Project Team included Group 4 Architecture to assist with the preliminary engineering of the Public Works Corporation (Corp) Yard improvements from impacts of construction of Quarry Lakes Parkway, Phase 1 from 7th Street to Mission Boulevard.

On September 8, 2023, the City Manager entered into the Consulting Services Agreement with Group 4 Architecture in the amount of $74,950 to assist Public Works for the development with the Corporation Yard Master Plan, City Project No. 23-26, to better understand the construction impacts of Quarry Lakes Parkway, Phase 1 along with impacts to the Corp Yard's operations. The existing Corp Yard, located on 7th Street supports the maintenance and operations of the Public Works Department consisting of the Grounds/Parks, Streets, Fleet/Garage and Facilities Divisions along with Union City Transit and Dumbarton Express service.

DISCUSSION
The construction of Quarry Lakes Parkway Phase 1 requires the relocation and reconstruction of a new southern concrete security wall of the Corp Yard, reducing the site by approximately 10%. Group 4 Architecture and city staff discussed Quarry Lakes Parkway, Phase 1 impacts to existing Corp Yard operations, along with required near-term improvements. Follow up meetings with Group 4 identified opportunities to include much-needed repairs, upgrades and other important improvements to this essential city maintenance facility.

Group 4 Architecture prepared a draft Corporation Yard Master Plan Study dated June 11, 2024, which included meetings, workshops, existing conditions, current operations, along with beginning discussion of proposed near-term and long-term improvements. The Corporation Yard Master Plan, Phase 1: Near-Term Improvements identifies incremental implementation with Category 1A - Site Security Wall Shift + EV Bus Transition; Category 1B - Disaster Preparedness + Essential Upgrades; Category 1C - Improve Operational Efficiency; and Category 1D - SB 1383 Compliance. Phase 2: Long-Term Improvements addresses long-term improvements identified as Anticipated Future Staffing and Operations Growth.

The Category 1A of the Corporation Yard Master Plan includes:

City Council/RSA Agenda 117 Tuesday, August 13, 2024
Reconfigure of the bus parking area including the layout of the proposed EV fleet, fueling stations, and infrastructure Relocating Dumbarton Express Fleet (before the reconstruction of the Corp Yard security wall as part of Quarry Lakes Parkway, Phase 1)
Replace the UC Transit Contractor Modular Building and provide a new public entrance from 7th Street.

Pave part of the Corp Yard to support Ground Division storage area and operations Relocate Conex Storage Bins
The majority of these Corp Yard improvements must be completed before the construction of Quarry Lakes Parkway Phase 1 to allow the Corp Yard, a city “essential” facility to be fully functionalat all times.

On July 9, 2024, staff and Group 4 Architecture, Research + Planning, Inc., gave a presentation to the City Council on Quarry Lakes Parkway, Phase 1, and the impact to the Corporation Yard, as well as a second presentation outlining the Corporation Yard Master Plan. At that same meeting, the City Council adopted Resolution No. 6336-24, which approved budget amendments to the Public Improvements Fund (Fund 4160) in the approved Five-Year Capital Improvement Plan (CIP) for FY 2023-2024 through FY 2027-2028, transferring $1,000,000 to the Corporation Yard Master Plan and Category 1A Project, City Project No. 23-26 (Account 4160-3199-92326-54110), for preparation of Final PS&E for reconfiguration of the Corporation Yard in advance of construction of Quarry Lakes Parkway, Phase 1.

The First Amendment to the Consulting Agreement with Group 4 Architecture, Research + Planning, Inc. in the amount of $945,000, if approved, includes the Preliminary Design of Category 1A, 1B, 1C, and 1D and Final Design of Category 1A of the Corporation Yard Master Plan, City Project No. 23-26.

FISCAL IMPACT
The First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., for the Preliminary Design of Category 1A, 1B, 1C, and 1D and Final Design of Category 1A of the Corporation Yard Master Plan, City Project No. 23-26, in the amount of $945,000, will be funded with $915,000 currently available in the Public Improvements Fund - Account Number 4160-3199-92326-54110 (Public Improvements Fund – PW General – Corporation Yard Master Plan – Professional/Consulting) and $30,000 from the Transit Fund – Account Number 5110-3141-34001-54110 (Transit Fund – Transit – Transit Administration – Professional/Consulting), which, with Councilapproval, will be transferred to the project through a budget transfer, bringing the totalcontract amount to $1,019,950.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution with the following recommendations:

1. Authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., in the amount of $945,000, for the Preliminary Design of Category 1A, 1B, 1C and 1D and the Final Design of Category, 1A for the Corporation Yard Master Plan, City Project No. 23-26.

2. Approving a budget transfer of $30,000 from the Transit Fund – Account Number 5110-3141-34001-54110 (Transit Fund – Transit – Transit Administration – Professional/ Consulting) to the Public Improvements Fund – Account Number 4160-3199- 92326-54110 (Public Improvements Fund – PW General – Corporation Yard Master Plan – Professional/Consulting).

Prepared by:

Marilou Ayupan, Public Works Director
City Council/RSA Agenda 118 Tuesday, August 13, 2024
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 – Agreement, First Amendment Attachment
Draft Resolution Resolution
Exhibit A - Draft Union City Corporation Yard Master Plan, June 11, 2024 Exhibit Exhibit B- July 9, 2024 QLP and Corporation Yard Presentation Exhibit Exhibit C- July 9, 2024 Corporation Yard Master Plan Presentation Exhibit City Council/RSA Agenda 119 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C6049)

FOR CORPORATION YARD MASTER PLAN,
CITY PROJECT NO. 23-26
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 13 th day of August
2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:

WHEREAS, on September 8, 2023, the Parties entered into a Consulting Services Agreement (C6049) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Corporation Yard Master Plan, City Project No. 23-26, in the amount of $74,950; and WHEREAS, the Parties desire to amend the Agreement to expand the scope of services to be provided by the Consultant, extend the term of services to be provided by the Consultant, and increase the compensation; and
WHEREAS, the City and Consultant desire to enter into this First Amendment.

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

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

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

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Nine Hundred Forty-Five Thousand Dollars ($945,000), as set forth in Exhibit B of this First Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Million Nineteen Thousand Nine Hundred Fifty Dollars ($1,019,950). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Million Nineteen Thousand Nine Hundred Fifty Dollars ($1,019,950), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

5. All other provisions of the Agreement, remain unchanged except as modified by this First Amendment.

City Council/RSA Agenda 120 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

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

THE CITY OF UNION CITY GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.

By By
Joan Malloy Jonathan Hartman
City Manager Principal
Attest:
___________________________
Thai Nam Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 121 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

EXHIBIT A

SCOPE OF SERVICES
PRELIMINARY DESIGN OF CATERORY 1A, 1B, 1C AND 1D
FINAL DESIGN OF CATEGORY 1A FOR CORPORATION YARD MASTER PLAN, CITY PROJECT NO. 23-26
PROJECT UNDERSTANDING:

The Union City Corporation Yard (Corp Yard) was constructed in 1999 on 7th Avenue at Chesapeake Drive. The Corporation yard serves Public Works operations and Union City Transit operations as well as other uses including police evidence storage, and storage for various City Hall departments. Current departments or groups that are permanently located at the Corp Yard include: Fleet, Grounds, Streets, Facilities, and Transit. Additionally, many other City departments use portions of the yard for storage, including Police, Finance, Economic Development, Community & Recreation Services, Human Resources, and the City Manager’s Office.

The design of Quarry Lakes Parkway – Phase 1 (7TH Street Connection) along the southeast edge of the Corp Yard also realigns 7th Street and the existing Line M channel in existing corporation area. Quarry Lakes Parkway – Phase 1 impacts corporation yard with the realignment of the Line M channel and realignment of 7th Street.

This encroachment of Quarry Lakes Parkway will impact existing corporation yard with reduction of area coupled with increased operations; there is a need to holistically improve existing operations, modify portions of the campus to better accommodate all of the demands currently placed on it, and also look to the future to create a plan for Corp Yard that can serve the City of Union City well into the future.

PROJECT SCOPE:

The Consultant’s basic services will provide conceptual design with optional services for construction documentation and construction administration services for the following scope of work:

Category 1A – Site Security Wall Shift + EV Bus Transition:
• Partially pave back yard
• Relocate Conex storage boxes
• New Transit Contractor modular building
• New public man gate entry and signage
• Reconfigured bus parking
• Design of Battery Electric Bus (BEB) infrastructure
Category 1B - Disaster Preparedness + Essential Upgrades:
• Improved and updated site lighting, security and safety (cameras, access control, yard public address (PA) system.
• Fiber Hub at Corporation Yard
• New hybrid CNG/Diesel Generator
City Council/RSA Agenda 122 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

Category 1C – Improve Operational Efficiency:
• Flood mitigation
• Additional material bunkers
• Partially pave back yard
• Relocate/replace tool sheds
• Canopy covered equipment parking
• New dump ramp
Category 1D – SB 1383 Compliance:
• Covered material bunkers
• Covered compost and green waste bunkers
• Covered material and storage piles
• Covered supply and equipment storage
• Dump ramp canopy
The consultant basic services and fee proposal assumes that work up to 10% Design for all Categories (1A-1D) will be performed. Subsequent tasks will be limited to developing design and bidding documents for Category 1A scope only. The relocation and redesign of the southern Corporation Yard fence will be by others outside of the scope of this contract, and Category 1A scope is make-ready work to prepare the site for the southern security fence relocation project.

Work beyond the new site fence line boundary is not part of the scope of this project.

CONSULTANT’S BASIC SERVICES: Basic Services includes the services described in this Section including subsections and subparagraphs.

1. PRELIMINARY DESIGN
1A Task 1: 10% Conceptual Design for Category 1A, 1B, 1C, 1D scope

1. The Design Team (G4, IMEG, MTC) shall:
a. Conduct Technical meetings with City staff and Design Team members to confirm and develop programmatic requirements for all Phase I items.

Anticipate separate meetings for:
i. Transit (G4, IMEG, MTC):
(i) confirm program for Transit Modular Building,
(ii) Reconfigured bus parking
(iii) BEB charging infrastructure layout
ii. City IT, Security, and Public Works (G4, IMEG)
(i) Improved and updated site lighting, security and safety (cameras, access control, yard public address (PA) system.
(ii) Fiber Hub at Corporation Yard
(iii) New hybrid CNG/Diesel Generator
iii. Public Works (G4, MTC)
(i) New public man gate entry and signage
(ii) Flood mitigation
(iii) Additional material bunkers
(iv) Canopy covered equipment parking
City Council/RSA Agenda 123 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

(v) New dump ramp
(vi) General canopy requirements for bunkers and other bulk item storage. b. Provide 10% Design Narrative, organized by Category (1A, 1B, 1C and 1D) and topic, with input from each relevant discipline (Architectural, Civil, Landscape, Structural, Mechanical, Plumbing, Electrical, Lighting, and Low-Voltage) as required.
c. Create annotated 10% design site plan drawings and other sketches at necessary by marking up new scope items from all disciplines onto a simple site plan background generated from the civil site survey. 10% design site plans will include, at a minimum, the following information (five sheets):
i. Composite plan showing full build out of Phase 1 (completion of Categories 1A, 1B, 1C, 1D = one sheet)
ii. Separate, category-specific composite plans for each Category, showing the progression of work as each Category builds upon the previous one. (assume a minimum of one sheet for each Category = four sheets)
iii. Civil site plan sheets will show location of buildings, parking, striping, clear delineation of the project limits, and preliminary stormwater treatment area. Landscape plan is excluded from this phase and contract.
d. G4, IMEG, and MTC shall conduct Integrated Design Workshop #1 to review refined site plan diagrams and technical requirements with City Stakeholders and Staff.

2. G4 shall:
a. Conduct a kick-off meeting with City staff for existing site conditions, access restrictions, safety/regulatory issues, and confirmation of Master Plan Recommendations
b. Perform Zoning Code Analysis.
c. Conduct technical meetings with Planning Department to review zoning code analysis.

3. MTC shall:
a. Prepare engineering reports for drainage and stormwater management plan and hydromodification, see Task 3.
b. Prepare a drone flight and topographic survey for the corporation yard. c. Supplemental topographic survey.

4. IMEG shall:
a. Prepare a simple single-line analysis of current conditions, energy bills, and programmatic demands for a new CNG/Diesel Hybrid Generator to substantiate the required size of the new generator on the campus’s existing electrical service feed.
b. Prepare a single-line diagram and concept layout for BEB charging infrastructure on a new dedicated PG&E service.

5. Mack5 shall prepare a preliminary design cost estimate.

City Council/RSA Agenda 124 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

6. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to four (4) meetings with the City project management team (PMT) b. Up to two (3) Stakeholder Workshops with City staff
c. Integrated Design Workshop #1 with City staff

7. Deliverables:
a. 10% Conceptual Design Drawings
b. One PDF drawing for the drone flight and linework
c. Base mapping will be delivered in AutoCAD Civil 3D version 2018 d. Georeferenced Orthographic photo
e. Supplemental Topographic survey (up to 2 days)
f. Engineering Reports
g. Estimate of probable construction costs
h. Project schedule
i. Meeting agendas, exhibits and minutes
j. Package (Exhibit, Scope and Cost) for Alameda CTC Grant Application for UC Transit EV Infrastructure (Due October 31, 2024)

2. CATEGORY 1A CONSTRUCTION DOCUMENTS
2A Category 1A 35% Construction Documents: Upon receipt of written Notice to Proceed by the City, the Consultant shall develop 35% Construction Documents that will include plans, outline specifications, and other documents that will describe the character and scale of the project components.

1. Group 4 shall:
a. Conduct Progress Meetings throughout this phase to ensure continued project team involvement in design decisions.
b. Prepare preliminary code analysis.
c. Conduct technical meetings with Building Department and Fire Department to review code analysis.
d. G4 shall conduct Integrated Design Workshop #2 to review refined site plan diagram and review technical requirements.

2. G4, MTC and IMEG shall:
a. Prepare preliminary site plan and components of each space to be altered based on input from City.
b. Update and refine design based on Stakeholder input. c. Prepare 35% Construction Document level documents and coordination with design team.

3. IMEG shall:
a. Update single line diagrams, including for BEB charging infrastructure design.

4. Mack 5 shall:
a. Prepare estimate of probable construction cost and project schedule to reflect the decisions made in this phase.

5. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to four (4) meetings with the City project management team (PMT). b. One (1) Stakeholder Workshop with City staff.
c. One (1) Technical Meeting with Building Department and Fire Department.

City Council/RSA Agenda 125 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

d. Integrated Design Workshop #2 with City staff.

6. Deliverables:
a. 35% Construction Document Drawings including:
i. Civil Site Plan
ii. Drainage and Utility Plan
iii. Striping Plan
b. Outline Specifications
c. Estimate of probable construction costs
d. Project schedule
e. Meeting agendas, exhibits and minutes

7. City Responsibilities:
a. The City shall give written Notice to Proceed with Task 1. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. City shall provide review and input into the Consultant’s 35% estimate of probable construction cost included in the 35% Construction Documents submittal.
d. The City shall provide coordinated written comments on the Consultant’s deliverables that will establish and confirm design direction for Task 2A. 2B Category 1A 65% Construction Documents: Upon receipt of written Notice to Proceed by the City and City’s comments on the 35% Design package, the Consultant shall develop the 65% Construction Documents that will include plans, elevations, and other documents that will describe the character and scale of the project components.

1. G4 shall:
a. Conduct Progress Meetings throughout this phase to ensure continued project team involvement in design decisions.
b. Prepare code analysis.
c. Conduct technical meetings with Building Department and Fire Department to review code analysis.

2. G4, MTC and IMEG shall:
a. Refine site plan and components of each space to be altered based on input from City.
b. Update and refine design based on Stakeholder input. c. Prepare 65% Construction Document level documents and coordination for subconsultant disciplines.

3. Parikh Consultants shall:
a. Prepare a preliminary pavement design and materials memorandum for the road and parking sections within the Corp Yard.

4. Mack 5 shall:
a. Prepare a 65% estimate of probable construction cost and project schedule to reflect the decisions made in this phase.

5. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to six (6) meetings with the City project management team (PMT). b. One (1) Stakeholder Workshop with City staff.
c. One (1) Technical Meeting with Building Department and Fire Department.

City Council/RSA Agenda 126 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

d. Integrated Design Workshop #3 with City staff.

6. Deliverables:
a. 65% Construction Document Drawings and Specifications i. Cover Sheet
ii. Typical Sections (2 sheets) - MTC
iii. Survey Control Diagram
iv. Demolition Plan
v. Civil Site Plan
vi. Grading Plan
vii. Construction Details (3 sheets)
viii. Drainage and Utility Plan (2 sheets)
ix. Drainage and Utility Profiles (2 sheets)
x. Drainage and Utility Details (4 sheets)
xi. Erosion Control Plan and Details (2 sheets)
xii. Striping Plan
b. 65% estimate of probable construction costs
c. Preliminary pavement design and materials memorandum d. Updated project schedule
e. Meeting agendas, exhibits and minutes

7. City Responsibilities:
a. The City shall give written Notice to Proceed with Task 2B. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. City shall provide review and input into the Consultant’s 65% estimate of probable construction cost included in the 65% Construction Documents submittal.
d. The City shall provide coordinated written comments on the Consultant’s deliverables that will establish and confirm design direction for Task 2C. 2C Category 1A Construction Documents (90% CD/Plan check submission): Upon receipt of written Notice to Proceed by the City and City’s comments on the 65% Construction Document package, the Consultant shall develop the 90% Construction Documents.

1. G4 shall:
a. Conduct Progress Meetings throughout this phase to ensure continued project team involvement in design decisions.
b. G4, MTC and IMEG shall:
c. Refine site plan and components of each space to be altered based on input from City.
d. Update and refine design based on Stakeholder input.

2. IMEG shall:
a. Perform Title 24 Calculations as required and prepare Compliance Documents.

3. Mack 5 shall:
a. Prepare a 90% Construction Documents Package and estimate of probable construction costs for the City’s review.

4. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to six (6) meetings with the City project management team (PMT).

City Council/RSA Agenda 127 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

b. One (1) Technical Meeting with Building Department and Fire Department. c. Integrated Design Workshop #4 with City staff.

5. Deliverables:
a. 90% Construction Documents Set for City review and Plan Check. b. 90% Construction Documents estimate of probable construction cost c. Meeting agendas, exhibits and minutes

6. City Responsibilities
a. The City shall give written Notice to Proceed with Task 2C. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. The City shall provide Division 0 with bidding, contract forms, and conditions of the construction contract and Division 1 of the Technical Specifications. d. The City shall pay all permit and utility connection fees associated with the project and shall shepherd applications.
e. The City shall provide coordinated written comments on the Consultant’s deliverables.
2D Category 1A 100% Construction Documents/ Back Check/ Bid Set:

1. G4, MTC, and IMEG shall:
a. Coordinate, upon receipt of the 90% Construction Documents/Plan Check comments, corrections, and meetings necessary to facilitate resolution of outstanding items required for plan check approval.
b. Prepare the Back Check/Bid Set submittal for the City’s review and approval.

2. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to two (2) meetings with the City project management team (PMT). b. One (1) technical meeting with Plan Check Reviewers

3. Deliverables:
a. 100% Construction Documents/ Bid/ Back Check Set

4. Bid Set
a. Meeting agendas, exhibits and minutes

5. City Responsibilities
a. The City shall give written Notice to Proceed with Task 2D. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. The City shall provide Division 0 with bidding, contract forms, and conditions of the construction contract and Division 1 of the Technical Specifications. d. The City shall pay all permit and utility connection fees associated with the project and shall shepherd applications.
e. The City shall provide coordinated written comments on the Consultant’s deliverables.
2E Category 1A Bidding and Award:

1. G4, MTC and IMEG shall:
a. Provide assistance with responses to bidders' inquiries as necessary; prepare addenda; attend one (1) pre-bid meeting; and assist in the City’s evaluation of bids.

City Council/RSA Agenda 128 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

b. After bid completion, prepare an electronic version of the Permit Set/Conform set (revised with all bid addenda, City reviews and plan check comments) for the City’s use.

2. Meetings:
a. Pre-bid conference: One (1)

3. Deliverables:
a. Permit Set/Conform Set (including bid addenda)

4. City Responsibilities:
a. Prequalification of bidders, or evaluation of bidders such as reference checks if desired.
b. Advertisement of bid; printing of bid sets
c. Collection and review of bids
d. Contract award

3. ENGINEERING REPORTS
3A MTC shall prepare engineering reports for drainage and stormwater management plan and hydromodification, see Task 1.

OPTIONAL SERVICES. The following Optional Services are not included in the scope of basic services and are an optional service available to the City upon written direction, following the completion of Task 1.

4. DESIGN SUPPORT DURING CONSTRUCTION

5. ADDITIONAL SERVICES. The following services are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the City. The Consultant shall be compensated for Additional Services in addition to compensation for Basic Services and Reimbursable Expenses.
5A Additional meetings beyond those identified in “Basic Services.” 5B Technical/engineering studies, such as building seismic analysis, environmental studies, traffic studies, geotechnical assessment, etc.
5C 2D or 3D scale models; computer animation (e.g., building fly-throughs). 5D Detailed analysis or engineering analysis of existing facilities 5E Services of Subconsultants to the Consultant other than those included in Basic Services or, Supplemental Services.
5F Providing services to verify the accuracy of drawings or other information furnished by the City.
5G Providing financial feasibility or other special studies. 5H Providing cost estimates beyond what is included in Basic Services. 5I Preparation of communication, marketing, and fundraising materials including PowerPoint, flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content other than those included in Basic Services. 5J Providing services for preparing measured drawings of existing building conditions.

City Council/RSA Agenda 129 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

5K Additional architectural images other than those included in Basic Services. 5L Making revisions in drawings, or documents when such revisions are:

1. Inconsistent with directions or instructions previously given by the City.

2. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.

3. Due to changes required as a result of the City’s failure to render decisions in a timely manner.
5M Providing services required due to significant Project scope changes, including but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 5N Work required to correct non-conforming work of Contractor. 5O Site Surveys, including on-site features, sub surface features, topography, boundary, survey, etc. other than those included in Basic Services or Supplemental Services. 5P Testing and/or evaluation of any off-site utilities
5Q Hazardous material assessments or documentation of any removal or abatement if required.
5R Preparation, attendance and follow-up for meetings or presentations that are in addition to those that are specified and budgeted in basic services or optional services. 5S Preparation of LEED analyses, LEED credit evaluation and identification of probable construction costs and design fees associated with a LEED certification by the USGBC if desired by the City.
5T LEED services include LEED project management services, preparation of LEED documentation, Design Phase LEED submission to USGBC, LEED-based reviews during Construction phase services, Construction Phase LEED submission, and other related services.
5U Any other service not included in Basic Services or Supplemental Services.

SCHEDULE
The above services will be provided during a period anticipated to occur beginning June 2024.

Specific task milestones are as follows with separate NTP given by the City for each task:

Task Task Title Anticipated Completion Date
Task 1: 10% Design 3 months from NTP of Task 1
Task 2A: 35% Construction Documents 2 months from NTP of Task 2A Task 2B: 65% Construction Documents 2 months from NTP of Task 2B Task 2C: 90% Construction Documents 2 months from NTP of Task 2C Task 2D: 100% Construction Documents 1 months after receipt of City comments on the 90% docs
Task 2E: Bidding and Award 2 months from Release of Bids Task 3: Engineering Reports Concurrent with Task 1

DELIVERABLES
• PDF and CAD files, as detailed in Tasks outlined above. No hard copies will be provided.

City Council/RSA Agenda 130 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

ASSUMPTIONS
• Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Owner and from limited observation of accessible and visible existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Owner. It is understood and agreed that unforeseen conditions uncovered during the progress of the project may require changes in the project, resulting in additional cost and delay.
• Existing base building systems are code compliant.
• Where existing systems are to be revised and reused, pre-testing documentation of system capabilities in the area of work will be provided to IMEG, as determined necessary and requested. The pre-testing information required may include electrical system loads. If such information is not available, or if the systems have not been documented within the last two years, IMEG will assist the Owner in developing a scope of work that can be provided to a testing firm, who will complete the documentation of the systems. The cost of the testing firm and its documentation of the systems is not included in IMEG’s fee. • Identification, testing, and/or removal of hazardous materials will be by others. • The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required.
• Deliverables will be provided in electronic PDF format and/or AutoCAD, as required.

Hard copy printing will be treated as a reimbursable expense. • City will coordinate and schedule Consultant site visits and direct the Consultant to participate as noted above.
• Consultant will not be performing exhaustive reviews or detailed inspections of in-place conditions.
• Work that is hidden from view will not be uncovered for the purposes of verification. • City will self-permit.

EXCLUSIONS
Services not listed above

TENTATIVE SCHEDULE MILESTONE DATES
PRELIMINARY DESIGN (CATEGORIES 1A, 1B, 1C AND 1D)
1) Kick Off Meeting September 2024
2) Submit Draft 10% Plans for Review November 2024
3) Submit Final 10% Plans for Review January 2024
FINAL DESIGN CATEGORY 1A
1) Submit 35% Documents March 2025
2) Submit 65% Documents June 2025
3) Submit 95% Documents August 2025
4) Submit 100% Documents October 2025
City Council/RSA Agenda 131 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

5) Submit Final Construction Documents for RTL December 2025 City Council/RSA Agenda 132 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

EXHIBIT B

COST PROPOSAL
PRELIMINARY DESIGN OF CATERORY 1A, 1B, 1C AND 1D
FINAL DESIGN OF CATEGORY 1A FOR CORPORATION YARD MASTER PLAN, CITY PROJECT NO. 23-26
City Council/RSA Agenda 133 Tuesday, August 13, 2024
First Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

EXHIBIT B

COST PROPOSAL
PRELIMINARY DESIGN OF CATERORY 1A, 1B, 1C AND 1D
FINAL DESIGN OF CATEGORY 1A FOR CORPORATION YARD MASTER PLAN, CITY PROJECT NO. 23-26
City Council/RSA Agenda 134 Tuesday, August 13, 2024

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY AUTHORIZING THE CITY MANAGER

TO EXECUTE THE FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH GROUP 4
ARCHITECTURE, RESEARCH + PLANNING, INC., IN
THE AMOUNT OF $945,000, FOR A TOTAL CONTRACT
AMOUNT OF $1,019,950, FOR THE PRELIMINARY
DESIGN OF CATEGORY 1A, 1B, 1C, AND 1D AND FINAL
DESIGN OF CATEGORY 1A FOR THE CORPORATION
YARD MASTER PLAN, CITY PROJECT NO. 23-26, AND
APPROVING A BUDGET TRANSFER OF $30,000 FROM
THE TRANSIT FUND (FUND 5110) TO THE PUBLIC
IMPROVEMENTS FUND (FUND 4160)
WHEREAS, the Quarry Lakes Parkway (QLP) Project is a new four-lane multimodal corridor, parallel to Decoto Road between Paseo Padre Parkway in Fremont and Mission Boulevard in Union City, and the Decoto Road “Compete Streets” Project is the modification of the existing four-lane Decoto Road to a transit priority and multimodal corridor between I-880 and Paseo Padre Parkway in Fremont, which will be implemented by the City of Fremont; and WHEREAS, QLP in Union City consists of Phase 1: 7th Street Connection, Phase 2:

Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection; and
WHEREAS, QLP also includes Phase 5: Paseo Padre and Trail Connection, which is in both the cities of Union City and Fremont; and
WHEREAS, on November 19, 2020, the Alameda County Transportation Commission adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B, CMA-TIP, and future LATIP (Local Agency Transportation Improvement Program) proceeds from the sale of the former Caltrans Route 84 property in Union City for funding on Quarry Lakes Parkway (former East West Connector), Phases 1-4 projects for approximately $208 million with the QLP, Phase 1: 7th Street Connection at $16.7 million and QLP, Phase 2: Gateway Connection (on the former Caltrans Property) at $20.3 million, which are fully funded phases; and WHEREAS, Quarry Lakes Parkway is identified as an important multimodal corridor in southern Alameda County to support the build-out of the Station District Area surrounding the Union City BART Station and the project is identified in the Alameda County Transportation Commission (Alameda CTC)’s Countywide Transportation Plan (CTP) and the Metropolitan Transportation Commission (MTC)’s Plan Bay Area (PBA) 2050 plus for the San Francisco Bay Area; and
WHEREAS, the construction of Quarry Lakes Parkway, Phase 1 (7th Street Connection) requires the relocation and reconstruction of a new southern concrete security wall of the Public Work’s Corporation Yard located on 7th Street, reducing the site by approximately 10% to accommodate the realignment Alameda County Flood Control Line M Open Channel; and WHEREAS, on September 8, 2023, the City Manager entered into the Consultant Service Agreement with Group 4 Architecture in the amount of $74,950 to assist Public Works for the City Council/RSA Agenda 135 Tuesday, August 13, 2024
Resolution XXXX-24
Approve First Amendment to CSA with Group 4 Architecture, Research + Planning, Inc.

development with the Corporation Yard Master Plan, City Project No. 23-26, to better understand the construction impacts of Quarry Lakes Parkway, Phase 1 along with impacts to Corp Yard operations; and
WHEREAS, the existing Corporation Yard, located on 7th Street, supports the maintenance and operations of the Public Works Department consisting of the Grounds/Parks, Streets, Fleet/Garage and Facilities Divisions along with Union City Transit and Dumbarton Express service; and
WHEREAS, Group 4 Architecture prepared a draft Union City Corporation Yard Master Plan Study dated June 11, 2024 (see Exhibit A), which summarizes meetings, workshops, existing conditions, current operations, and begins discussion of proposed near-term and long-term improvements; and
WHEREAS, the Corporation Yard Master Plan, Phase 1: Near-Term Improvements identifies incremental implementation with Category 1A- Site Security Wall Shift + EV Bus Transition, Category 1B - Disaster Preparedness + Essential Upgrades, Category 1C - Improve Operational Efficiency and Category 1D - SB 1383 Compliance; and WHEREAS, the Corporation Yard Master Plan, Phase 2: Long-Term Improvements addresses long-term improvements identified as Anticipated Future Staffing and Operations Growth; and
WHEREAS, the Corporation Yard Master Plan, Category 1A improvements will accommodate the impacts due to the construction of Quarry Lakes Parkway, Phase 1 by constructing new pavement areas, relocating the storage boxes, reconfiguring Union City Transit fleet parking area to accommodate the new EV fleet and fueling stations, erecting a new prefabricated modular transit operations building with a new public entrance gate; and WHEREAS, the majority of these Corporation Yard Master Plan, Category 1A improvements must be completed before the construction of Quarry Lakes Parkway, Phase 1 to allow the Corporation Yard, a city “essential” facility to be fully functional and operational at all times; and
WHEREAS, on July 9, 2024, staff and Group 4 Architecture, Research + Planning, Inc., gave a presentation to the City Council on Quarry Lakes Parkway, Phase 1, and the impact to the Corporation Yard, as well as a second presentation outlining the Corporation Yard Master Plan (See Exhibit B and C); and
WHEREAS, at that same meeting, the City Council adopted Resolution No. 6336-24, which approved budget amendments to the Public Improvements Fund (Fund 4160) in the approved Five-Year Capital Improvement Plan (CIP) for FY 2023-2024 through FY 2027-2028, transferring $1,000,000 to the Corporation Yard Master Plan, City Project No. 23-26 (Account 4160-3199-92326-54110), for preparation of Final PS&E for reconfiguration of the Corporation Yard, Category 1A in advance of construction of Quarry Lakes Parkway, Phase 1; and City Council/RSA Agenda 136 Tuesday, August 13, 2024
Resolution XXXX-24
Approve First Amendment to CSA with Group 4 Architecture, Research + Planning, Inc.

WHEREAS, The First Amendment to the Consulting Agreement with Group 4 Architecture, Research + Planning, Inc., if approved, includes the Preliminary Design of Category 1A, 1B, 1C and 1D and the Final Design of Category, 1A of the Corporation Yard Master Plan; and
WHEREAS, the total cost for the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., for the Preliminary Design of Category 1A, 1B, 1C and 1D and for Final Design of Category 1A for the Corporation Yard Master Plan, City Project No. 23-26, in the amount of $945,000, will be funded with $915,000 currently available in the Public Improvements Fund - Account Number 4160-3199-92326-54110 (Public Improvements Fund – PW General – Corporation Yard Master Plan – Professional/Consulting) and $30,000 from the Transit Fund - Account Number 5110-3141-34001-54110 (Transit Fund – Transit – Transit Administration – Professional/Consulting), which, with Council approval, will be transferred to the project through a budget transfer, bringing the total contract amount to $1,019,950.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the First Amendment to Contract C6049 with Group 4 Architecture, Research + Planning, Inc., which increases the current contract by $945,000, bringing the total contract amount to $1,019,950, for the Preliminary Design of Category 1A, 1B, 1C and 1D and the Final Design of Category 1A for the Corporation Yard Master Plan, City Project No. 23-26; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the use of $915,000 currently available in the Public Improvements Funds – Account Number 4160-3199-92326-54110 for this First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., for Preliminary Design of Category 1A, 1B, 1C, and 1D and the completion of the Final Design of Category 1A for the Corporation Yard Master Plan, City Project No. 23-26; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby approve a budget transfer of $30,000 from the Transit Fund – Account Number 5110-3141- 34001-54110 (Transit Fund – Transit – Transit Administration – Professional/Consulting) to the Public Improvements Fund – Account Number 4160-3199-92326-54110 (Public Improvements Fund – PW General – Corporation Yard Master Plan – Professional/Consulting).

City Council/RSA Agenda 137 Tuesday, August 13, 2024
Resolution XXXX-24
Approve First Amendment to CSA with Group 4 Architecture, Research + Planning, Inc.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of August 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 - Union City Corporation Yard Master Plan Study dated June 11, 2024

2. Exhibit B - Quarry Lakes Parkway, Phase 1 Presentation

3. Exhibit C - Corporation Yard Master Plan Presentation City Council/RSA Agenda 138 Tuesday, August 13, 2024
Union City
Corporation Yard Master Plan
DRAFT REPORT | 11 June 2024
City Council/RSA Agenda 139 Tuesday, August 13, 2024
City Council/RSA Agenda 140 Tuesday, August 13, 2024
i UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CONTENTS

CONTENTS

1. INTRODUCTIONS ........................................................................ 1

1.1. Background + Purpose.................................................................................................. 1

1.2. Project Goals .................................................................................................................. 2

1.3. Methodology ................................................................................................................. 3

2. CORPORATION YARD TODAY .......................................................... 5

2.1. Day-To-Day Operations ................................................................................................. 5

2.2 City Storage – Periodic Access ...................................................................................... 7

2.3. External Users................................................................................................................. 8

2.4. Current Corp Yard Layout.............................................................................................. 8

3. CURRENT AND FUTURE NEEDS ....................................................... 9

3.1. Site Impacts from Quarry Lakes Parkway Project ...................................................... 10

3.2. Disaster Preparedness, Safety, and Security Needs.................................................. 11

3.3. SB 1383 Compliance Needs........................................................................................ 11

3.4. General Operations + Shared Resources Needs ...................................................... 11

3.5. Department Needs ...................................................................................................... 12

4. MASTER PLAN VISION ................................................................. 17

4.1. Buildout Vision ............................................................................................................ 17

4.2. Proposed Phase 1......................................................................................................... 19

4.4. Cost Models ................................................................................................................. 23

4.5. Next Steps .................................................................................................................. 24c City Council/RSA Agenda 141 Tuesday, August 13, 2024
ii UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CONTENTS City Council/RSA Agenda 142 Tuesday, August 13, 2024
1 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY

1. I NTRODUCT I ON

1.1. BACKGROUND + PURPOSE
The Union City Corporation Yard (Corp Yard, the yard) is located at 34650 7th Avenue between Zwissig Way and Chesapeake Drive. It was originally constructed in 1999 on an 11.92-acre site to support City Public Works and Union City Transit operations. Since that time, Public Works operations and Union City Transit operations have expanded to meet growing city and community needs. New uses have also been added to the site incrementally and organically over time. Today, City departments or divisions with a substantial footprint at the Corp Yard include Fleet, Grounds, Streets, Facilities, and Transit. Additionally, many other City departments use portions of the yard for storage, including Public Safety, Finance, Economic Development, Community & Recreation Services, Human Resources, and the City Manager’s Office.

For more than 30 years, the City has been part of a multi-jurisdictional planning effort to develop a major new transportation corridor called the Quarry Lakes Parkway.

Quarry Lakes Parkway will become an integral component of Union City’s Station District, creating a new transit, car, bicycle and pedestrian connection with the Union City BART Station. The first phases of the Quarry Lakes Parkway project – currently in design – include realigning 7th Street and the existing Line M channel. This will encroach into the current Corp Yard and reduce its yard area by nearly 10%.

CORPORATION YARD TODAY
City Council/RSA Agenda 143 Tuesday, August 13, 2024
2 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY In late 2023, the City commissioned a study to holistically evaluate the Corp Yard site and operations and to develop a master plan to optimize the site for continued service to Union City well into the future. Project objectives included:
▪ Determining impacts to Corp Yard site and operations from the new Quarry Lakes Parkway project
▪ Identifying current and potential future staffing and operations needs for departments based at, using, and
supporting the Corp Yard
▪ Evaluating each department’s current space use and
adjacencies and identify opportunities to improve workflow and efficiency
▪ Developing a new master plan vision for the Corp Yard and an associated implementation budget; and
▪ Proposing a potential phasing and implementation
timeline to enable the Corp Yard to remain operational
during construction of both the Quarry Lakes Parkway and the Corp Yard master plan vision.

This report summarizes the planning analysis and master plan vision for the Union City Corporation Yard that has emerged from the process.

1.2. PROJECT GOALS
Through the master planning process for the Corp Yard, several goals for the improved yard emerged that shaped the process’ analysis and decision making. These goals can be used as guiding principles through future design phases.
▪ The Corporation Yard is an essential facility – The Corp Yard is one of the City’s essential facilities during a disaster or emergency event, and infrastructure and resources on the site should be upgraded to create a more resilient and connected facility.
▪ Improve operational efficiency – The Corp Yard’s operations and efficiency should be enhanced, including vehicle and staff circulation, and to do so specific department and division needs should be evaluated and the organization of site facilities should be reviewed.
▪ Plan for future growth – The planning process should
consider near term and future staffing and space needs in order to develop a vision for the site that supports future plans and reduces the need for site redevelopment.

City Department Conex Storage
Dump Ramp + Bus Wash
UC Transit + Dumbarton Express
City Council/RSA Agenda 144 Tuesday, August 13, 2024
3 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY

1.3. METHODOLOGY
This plan was completed over approximately 6 months,
beginning in October 2023. The consultant team toured the existing Corp Yard site, accompanied by City Public Works representatives, to observe current spaces and discuss needs and opportunities.

City staff participated in the planning process through a variety of methods:
▪ Project Management Team (PMT) meetings – This core
working group included Public Works representatives
highly familiar with day-to-day Corp Yard operations. The PMT met six times over the course of the project.
▪ Workshops – Two staff workshops were facilitated, with representatives of multiple City departments serving as a sounding board for the project. Workshop participants reviewed and provided feedback on the needs analysis and master plan options.
▪ Needs survey – Managers and representatives of selected City departments and divisions were asked to complete
a survey about current and potential future staffing,
operations, equipment, and space needs.
▪ Follow-up interviews – These were conducted as needed with department representatives to review and confirm the information gathered through the needs survey.

City Council/RSA Agenda 145 Tuesday, August 13, 2024
4 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY

1.4. PROJECT PARTICIPANTS
The people listed below gave generously of their time to support the planning process.

Name/Role Project
Management Team
Workshops Interviews Technical
Meetings
Marilou Ayupan – Public Works
Director X X X
Bob Calderon – Public Works
Director X X X
Jose Gutierrez – Project Manager,
Supervising Construction Inspector X X X
Joan Malloy – City Manager X
Jennifer Phan – Deputy City Manager X
Tommy Cho – Principal Engineer X
Mario Vallejo – Information
Technology Director X
Steve Adams – Transit Manager X X
Jesus Bañuelos – Grounds Supervisor X X
Paul Roman – Streets Supervisor X X
Victor Gutierrez – Facilities Lead X X
Juan Dominguez Jr. – Fleet
Supervisor X
The planning effort was facilitated and developed by:

Group 4 Architecture, Research + Planning, Inc.
211 Linden Avenue, South San Francisco CA 94080
www.g4arch.com | (650) 871-0709
Jonathan Hartman, Principal-in-Charge
Jill Eyres, Associate Principal
Nicole Ghiselli, Architect / Job Captain
Aria Jiang, Designer
Mark Thomas
2833 Junction Avenue, Suite 110, San Jose, CA 95134
www.markthomas.com| (408) 453-5373
Shawn O’Keefe, PE, QSD, Principal + Vice President
Danielle Sanchez, PE, QSD, Project Manager
Joe Sarmiento, PE, QSD, Senior Project Engineer
City Council/RSA Agenda 146 Tuesday, August 13, 2024
5 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY

2. CORPORAT I O N Y A R D T O D A Y
This section summarizes the current functions, users, and layout of Union City’s Corporation Yard. This information was used as the baseline for the assessment of current and future needs, which is covered in Section 3 of this report.

2.1. DAY-TO-DAY OPERATIONS

2.1.1. UC TRANSIT
Union City (UC) Transit is the municipal transit operator serving the city. The transit system provides local routes and connections to regional networks including BART, AC Transit, and Dumbarton Express. UC Transit also provides paratransit services within Union City and limited service to destinations in Hayward, Fremont, and Newark.

The Corporation Yard currently provides parking for 18
UC Transit buses and 15 demand-response transit vans.

An additional 16 parking spaces at the yard are leased to Dumbarton Express, with a plan to lease the service 20 total spaces beginning in August 2024.

UC Transit currently has four City staff that work out of the Administration Building in the Corp Yard. Fifty-five contractor staff, including 44 contract drivers, report to the contractor modular building in the Corp Yard or to the bus maintenance facility in a nearby facility.

UC Transit + Dumbarton Express
Bus Wash
City Council/RSA Agenda 147 Tuesday, August 13, 2024
6 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY

2.1.2. STREETS
The Streets Division maintains pavement and sidewalks,
provides street sweeping services, manages illegal dumping, creates and maintains street signage, performs street light servicing and maintenance, removes graffiti, and maintains the City’s storm drain system. Today the Streets Division employs 13 staff. The Supervisor’s office is in the Administration Building and other staff report to the Streets, Grounds, and Facilities shop building.

The Streets Division shop space includes office space, a briefing area, a sign shop and machine area, paint storage, and supply and equipment storage areas. The Streets Division also has various exterior storage areas, large equipment parking, material bunkers, a covered but open-air paint and stencil shop, illegal dumping storage areas, and a street sweeper garbage area on the site. The existing dump ramp in the Corp Yard is not usable by the City’s current street sweeper vehicles because of its slope and landing design.

2.1.3. GROUNDS
The Grounds Division maintains the landscaping of city parks, street trees and medians, City facilities, and walking trails throughout the city.

Today the Grounds Division employs 17 staff. The Supervisor’s office is in the Administration Building and other staff report to the Streets, Grounds, and Facilities shop building. The Grounds Division utilizes site space for grounds crew storage sheds, chemical storage, green waste bins, compost bins, material bunkers, and a small equipment parking area for mowers, stump grinder, root pruner, pressure washer, and other equipment used to perform their work.

With new development and added park space throughout the city, the Division has seen demand for their services grow and they are outgrowing their current space in the Corp Yard.

2.1.4. FACILITIES
The Facilities Division is responsible for servicing and maintaining all City buildings. Today the Facilities Division employs 3 staff, all of whom report to the Streets, Grounds, and Facilities shop building. The Facilities Division were not original tenants of the Corporation Yard at the time of its construction; it has had to carve out space for its needs over the years, including workspace and tool storage. The Division’s storage is located throughout the Corp Yard, including the Fleet Building mezzanine, multiple Conex boxes, and a storage shed, which is operationally inefficient.

Material Bunkers
Fleet maintenance building
Grounds crew sheds
Streets building interior
City Council/RSA Agenda 148 Tuesday, August 13, 2024
7 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY

2.1.5. FLEET
The Fleet Division is in charge of inspecting, maintaining, and repairing City vehicles and heavy equipment that is used at the Corp Yard and throughout the city. The Division operates out of the Fleet shop building, which includes vehicle maintenance bays, a parts storage room, tire storage, workspace, and mezzanine storage. Currently there is only one covered parking area on site for large equipment including the street sweeper and vactor, but other vehicles and equipment would benefit from protection from the elements to prolong their usable life and reduce ongoing maintenance needs.

2.1.6. GENERAL / SHARED
The Corporation Yard includes various facilities that are shared amongst multiple departments and divisions. These include the two buildings located closest to 7th Street, the Administration Building and the Break/Training Building.

The Administration Building provides the public facing entry to the Corporation Yard along with reception, administration specialists’ workstations, a conference room, Public Works Superintendent office, and supervising staff offices listed above. Breakroom, workroom, storage, and support spaces are provided.

The Break/Training Building includes restrooms, locker rooms, and showers for staff working in shop buildings and in the field, along with a fitness room and a breakroom space with kitchenette. The breakroom space includes a folding partition to allow the space to be divided so a meeting or training can occur simultaneously with breakroom functions. Located between the Administration and Break/Training buildings is an outdoor patio area with seating.

Other shared areas and facilities on the site include staff parking, fleet parking, fueling stations, a bus wash, a vehicle wash rack, a dump ramp, and a project staging area. Also on site are waste management areas for electronic waste, hazardous materials, various waste bins for metal, cardboard, tires, and recycling, as well as an auction area.

2.2 CITY STORAGE – PERIODIC ACCESS
A portion of the Corp Yard site is used for storage by other City departments, including:
▪ A fenced and secured storage lot for Public Safety’s use. ▪ More than 11 boxes/shipping containers used by various departments including Community and Recreation
Services, Economic & Community Development (Building,
Planning), Financial Services, Information Technology (ITS), and Office of Emergency Management.

Breakroom Patio
Breakroom + Training Space
Fleet maintenance building interior
City Department Conex Storage
City Council/RSA Agenda 149 Tuesday, August 13, 2024
8 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY

2.3. EXTERNAL USERS
By agreement with the City, certain areas and amenities at the Corp Yard are also accessed by select external users and partner agencies. These agreements are sources of revenue for the City at the Corp Yard:
▪ Dumbarton Express – parking for 16 buses at the Corp Yard currently and 20 buses by August 2024, as well as on-site refueling and bus wash facility use.
▪ Compressed Natural Gas Fueling Station – partner agencies can refuel their fleet vehicles at the Corp Yard.

2.4. CURRENT CORP YARD LAYOUT
Below is a site plan diagram showing the existing Corporation Yard facilities and spaces -- color-coded by City and external user, their layout, and the site’s fence line.

Fueling Stations
City Council/RSA Agenda 150 Tuesday, August 13, 2024
9 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS

3. CURRENT AND FUTURE NEEDS
This section summarizes information gathered from a variety of sources including needs survey responses submitted by City staff, site tours and observations, and discussions with City staff.

It is important to note that future needs for additional staff and related space are the opinions of Public Works staff based on their perspectives and experience; they have not been formally reviewed or approved by City Council. However, for the purposes of this master plan they are useful as a basis for understanding potential future space demand and for developing the master plan vision for the Corp Yard that is described in Section 4.

City Council/RSA Agenda 151 Tuesday, August 13, 2024
10 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS

3.1. SITE IMPACTS FROM QUARRY LAKES PARKWAY PROJECT
The Quarry Lakes Parkway project, currently in design, includes realigning 7th Street to connect to the new roadway and multi-modal path while realigning the existing Line M channel. The realigned street will encroach into the current Corp Yard and reduce its usable area by nearly 10% (approximately 38,600 SF), which is important to consider in the master plan vision.

The site areas most immediately impacted by this shift include the bus parking area, drive aisles, and storage areas currently occupied by Conex boxes. While the project is still in the design phase, Public Works staff are targeting early 2026 to begin relocating some site elements in anticipation of construction.

Diagram showing the existing Corp Yard and the draft new alignments for 7th Street (left of legend box) and the Line M channel and Quarry Lakes Parkway (bottom).

City Council/RSA Agenda 152 Tuesday, August 13, 2024
11 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS

3.2. DISASTER PREPAREDNESS, SAFETY, AND SECURITY
NEEDS
The Corporation Yard is one of the City’s essential facilities that needs to remain operational in an emergency event. The Corp Yard’s aging infrastructure and reduced site area require additional modifications to create a more resilient campus.

The Corp Yard’s current generator is undersized with limited capacity. A larger hybrid compressed natural gas generator would extend the power capacity to allow essential spaces and equipment to be usable and provide flexibility in fuel source.

Staff also report that communications and internet connectivity infrastructure is often unreliable, causing operational inefficiencies, challenges in perform their jobs effectively, and concern for reliable communications during emergency events.

Additionally, modifications are needed to improve safety and security within the yard. Desired safety measures include extending the public address system to out in the yard, where many staff are working, as well as within the buildings, improving site lighting, and adding security cameras throughout the yard.

3.3. SB 1383 COMPLIANCE NEEDS
In January 2022, California Senate Bill (SB) 1383 went into effect with the goal to reduce greenhouse gas emissions of shortlived climate pollutants, with compliance required by [date to be confirmed]. The measure’s intent is to reduce organic waste disposal to landfills to reduce methane emissions. Many of the Corp Yard’s waste facilities must be fitted with covers to comply with the state requirements.

3.4. GENERAL OPERATIONS + SHARED RESOURCES
NEEDS
The Administration Building workspaces currently function effectively but are reaching the capacity of their current layout and configuration. The anticipated addition of a Facilities Manager role to the Public Works Department will require identification of an office space for that staff member in the Administration Building. Additionally, janitorial services and IT equipment currently share a space and should be separated to protect the equipment and provide suitable space for janitorial needs.

The Break/Training Building’s restrooms and locker rooms will benefit from being updated in the future. The shop buildings also include restroom facilities, which staff have requested to be fitted with urinals.

The mezzanine levels of the Streets, Grounds, and Facilities and Fleet shop buildings, which are currently used for some storage, were highlighted as being underutilized. These spaces could be used more efficiently to meet operational storage needs.

Material Bunkers
Existing Generator
Unpaved Area
City Council/RSA Agenda 153 Tuesday, August 13, 2024
12 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS Vehicle circulation routes throughout the Corporation Yard are also shared space. Survey respondents highlighted that certain site areas are congested during peak use in the mornings and afternoons when staff are preparing to leave for and returning from field work.

The UC fleet staff vehicles are beginning to transition to electric vehicles, which will require regular charging.

Electric charging access and infrastructure will need to be considered as more work vehicles and equipment transition to electric. Transition to alternate fuel sources would require additional consideration of refueling needs, access, and infrastructure.

Needs survey respondents also highlighted the value of the existing solar canopies over some staff parking spaces, which help reduce campus electricity costs and protect vehicles from weather-related wear and tear.

There was interest expressed in being able to provide this treatment over additional parking spaces within the northern area of the site, or elsewhere over fleet vehicle parking spaces, to protect the City’s assets and reduce the need for maintenance related to exposure to the elements.

3.5. DEPARTMENT NEEDS
Department-specific needs are comprised of staffing-related space needs and operational and/or storage space needs. As mentioned earlier, it is important to note that future needs for additional staff and related space are the opinions of Public Works staff based on their perspectives and experience; they have not been formally reviewed or approved by the City Council.

City Council/RSA Agenda 154 Tuesday, August 13, 2024
13 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS

3.5.1. GROUNDS

STAFFING
The Grounds Division is currently the largest group within Public Works, with 17 staff including the Supervisor, 5 Leads, and 11 maintenance staff. With an increase in acreage of Cityowned landscaped areas, the Grounds Division identified needs to increase the number of maintenance staff it currently has as well as plan for additional staff to maintain increased public outdoor areas as the city grows.

SPACE NEEDS
The Grounds Division has outgrown its space in the Streets, Grounds, and Facilities shop building and requires additional covered small equipment parking and storage areas. Crew tool sheds are currently at capacity and increased staffing needs will require crew sheds to increase in size by approximately 50 percent. Additional staff will also require additional work trucks and parking spaces as well as more tools and small equipment.

The division also requires additional material, green waste, and compost bunkers that are covered to be compliant with SB 1383 requirements.

3.5.2. STREETS

STAFFING
The Streets Division is currently the second largest group within Public Works, with 13 staff including the Supervisor, Special Projects Coordinator, 2 street sweeper staff, 2 Street Maintenance Leads, and 7 maintenance staff. With existing infrastructure requiring ongoing maintenance, an increase in illegal dumping collections, and increases in developed areas with new streets and public spaces to be maintained, the Streets Division identified current needs for an additional Lead and additional maintenance staff. With the City’s current growth trajectory, the division expects to need an additional lead and 3 additional maintenance staff to keep up with increasing service demand.

SPACE NEEDS
The Streets, Grounds, and Facilities shop space has evolved over time to adapt to changing technology and space needs of the Public Works Department. A section of the carpentry shop area was divided to provide space for the Facilities Division, and additional partial height walls were added to define areas for the sign shop space. The current configuration of the shop space also does not function as effectively as it could for the Streets Division, with inadequate division of functions City Council/RSA Agenda 155 Tuesday, August 13, 2024
14 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS to separate noise, dust, and fumes, challenging circulation and workspaces for staff, and many storage areas that are at capacity or open to the elements resulting in damage to materials and security issues.

The Streets Division is also one of the largest users of yard space and shares some yard areas and infrastructure with the Grounds Division. The dump ramp, which is used by Streets and Grounds, is in need of redesign to allow it to be used by the street sweepers. Also, the dump ramp and other material and illegal dumping piles need to be covered for compliance with SB 1383 regulations. To accommodate the anticipated need for increased Streets staff, additional parking spaces for work trucks will be needed. Additional covered parking for large equipment including the paint truck, crack sealer, and graffiti buster is also needed to prolong the equipment’s lifespan.

3.5.3. FLEET

STAFFING
The Fleet Division is currently composed of the Supervisor and two heavy equipment mechanics. Fleet staff observations indicate that this staffing level currently works well to meet the City’s needs. However, as additional work trucks and equipment are added to the City’s fleet, it is projected that one additional heavy equipment mechanic will be needed to meet service demand.

SPACE NEEDS
The current Fleet shop building appears generally to be operationally effective, with well-sized work bays for servicing vehicles and sufficient storage. The existing office area would benefit from being reconfigured and upgraded for more
effective desk and computer work.

In the yard there is a need for additional covered parking areas to protect Fleet vehicles. To meet this need, there is a project underway to cover part of the secured area on the back side of the Fleet shop building. In the future, as fleet vehicles transition to electric or hydrogen fuel cell technology, the Corp Yard will need to accommodate associated charging and/or refueling infrastructure.

3.5.4. FACILITIES

STAFFING
The Facilities Division currently includes the Lead and two facilities maintenance staff, with one currently open maintenance staff position. The number of staff positions is currently sufficient to meet needs, according to Facilities staff, but it is anticipated that a Facilities Manager position would be a valuable future addition to assist with managing the Division’s workload and supporting administrative needs.
0 Facilities
City Council/RSA Agenda 156 Tuesday, August 13, 2024
15 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS

SPACE NEEDS
The Facilities Division has infilled areas throughout the Corp Yard to meet their space needs, including their main workspace and tool storage in the Streets, Grounds, and Facilities Shop building and additional storage space in the Fleet shop building mezzanine and multiple Conex boxes. The Division also has storage spaces in City Hall. Having a consolidated storage and work area rather than multiple locations would allow Division staff to accomplish projects more efficiently.

3.5.5. TRANSIT

STAFFING
The Transit Division currently has 5 staff positions including the Transit Manager, Coordinator, Planner, and Analyst. The division also coordinates with the contract staff who manage the operations and maintenance of the UC Transit fleet. The Transit contractors employ 55 staff including maintenance, training, and operations management staff, road supervisors, dispatchers, 40 bus drivers, mechanics, and utility staff.

SPACE NEEDS
The Union City Transit Division has office space within the Administration Building, with a mix of private enclosed offices and office cubicles in the open workspace. The Division currently needs additional space for secure storage and, in the future, will need an additional cubicle workstation for a parttime transit staff position.

Contract transit operator staff work from the modular building that is located near the bus parking area in the southern portion of the Corp Yard. The transit modular also provides public facing services and, currently, visitors must enter the Corp Yard and walk across a drive aisle to reach the modular. The existing modular building is showing its age and management staff input indicates that it needs to be replaced to better accommodate contract staff needs. A planned new modular building would benefit from an additional restroom, training area, office, and secure storage. Also, a more secure and direct public entry for the modular that does not require visitors to enter the yard would improve security and safety for visiting patrons. In the near term, staff noted that improved exterior wayfinding signage is needed to help visitors navigate between the transit modular and the Administration Building to reach meetings with Public Works staff.

Maintenance contract staff currently work in an off-site facility with maintenance bays, parts storage, breakroom, and training room. Survey input highlighted that the maintenance bays at the off-site facility require vehicles to pull into and back out of bays, rather than being able to drive through the bays which is better operational practice. Staff also noted that the parts storage area is cramped due to the volume of parts stored.

City Council/RSA Agenda 157 Tuesday, August 13, 2024
16 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS The Transit fleet currently has nineteen 35-foot bus parking spaces, 15 demandresponse and paratransit van parking spaces, and 3 road supervisor staff vehicle parking spaces at the Corp Yard. Union City Transit is in the process of electrifying the bus and van fleet and is expecting to begin use of electric buses by mid-year 2025.

The Transit Division is currently in the process of planning for electric bus charging infrastructure in the yard.

3.5.6. INFORMATION TECHNOLOGY

STAFFING
No Information Technology Department (ITS) staff spaces are currently located at the Corporation Yard. ITS staff indicated that the department would benefit from a small staff workspace in a future fiber optic termination space at the Corp Yard which is discussed further below.

SPACE NEEDS
The Corp Yard is currently lacking effective internet connectivity. The yard is planned to be a hub site for fiber optic termination, which is a necessary step for installing a fiber optic network, and will require additional equipment and equipment racks to support connections. The current ITS room in the Administration Building also holds janitorial sinks and storage. ITS is in need of its own dedicated space, which should be secured and access-limited to ITS staff. ITS also has a Conex container in the yard area for storage of hardware that cannot be accommodated in City Hall storage.

Additional telecommunications spaces throughout the yard also require improvements. The intermediate distribution frame (IDF) communications room in the Streets, Grounds, and Facilities shop building required cabling to be secured from general access with a secure rack. An IDF space should be provided in the new transit contractor modular building to separate UC Transit contractor equipment, which is managed by contract staff, from Union City ITS equipment for better access security.

3.5.7. OTHER CITY DEPARTMENTS
As the Corp Yard is an essential City facility for emergency preparedness, the Office of Emergency Management has storage space on the site. It currently stores PPE supplies for City staff in a Conex box in the southern portion of the yard, and needs additional storage space to expand Shelter and POD equipment for future emergency preparedness and disaster management needs.

Other City departments also store materials, files, furniture, equipment, and other items in secured Conex boxes in the southern portion of the yard. Some of the storage boxes are accessed more frequently than others, and some have been adapted to optimize storage and manage climatic conditions in the boxes. Further assessment of the storage boxes at the Corp Yard could be performed to determine whether the stored material could be reduced or relocated out of the space-constrained yard.

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17 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION

4. MASTER PLAN V I S I ON

4.1. BUILDOUT VISION
The Corporation Yard Master Plan’s buildout vision is designed to improve operational efficiency in the yard, modernize facilities, and accommodate the growth that is projected for the Public Works and City functions at the site.

The vision was developed to accommodate current and anticipated future Corporation Yard operations. Streets and Grounds divisions projected the greatest future staffing needs, and larger teams require additional shop space, equipment, and work vehicles. The buildout vision plans for a new Grounds shop building, renovating the existing shop building to accommodate a larger area for the Streets division, and consolidation of storage and workspace for the Facilities division. Both of the existing shop buildings’ workspaces, restroom spaces, and IT closets are to be renovated and upgraded to meet the divisions’ needs.

The new Grounds shop building is also anticipated to accommodate City Hall storage which is currently accommodated in the Conex boxes. The vision plan provides storage on the second floor of the building to reduce the building’s footprint and maintain efficient vehicle circulation routes in the back of the yard.

City Council/RSA Agenda 159 Tuesday, August 13, 2024
18 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION The buildout vision provides covered parking for fleet vehicles in the northern parking area, as well as a canopy for buses in the Transit area. Additional canopies will provide an added layer of protection from the elements for City equipment and fleet assets while providing the opportunity for additional photovoltaic energy generation.

The vision also includes adjustments to the site organization in response to the security wall shift and decrease in site area resulting from the Quarry Lakes Parkway project; essential upgrades to the yard for disaster preparedness; improved operational efficiency of the back yard area; and enhanced environmental stewardship through stormwater management and SB 1383-related improvements. More detail on the buildout vision elements is provided in the following sections discussing the proposed phasing of master plan improvements.

While Phase 1 Master Plan improvements are needed to prepare for the Quarry Lakes Parkway project and meet other priority needs, a timeline has not been established for the implementation of the Master Plan’s Phase 2 elements. Implementation timing for Phase 2 should be evaluated as needs and funding opportunities arise.

City Council/RSA Agenda 160 Tuesday, August 13, 2024
19 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION

4.2. PROPOSED PHASE 1
Phase 1 of the Master Plan buildout addresses current and near-term needs. Its scope focuses on accommodating and reorganizing Corporation Yard functions in a reduced site area due to the Quarry Lakes Parkway project, making essential upgrades to ensure the Corp Yard is resilient and prepared for a disaster, improving operations within the yard, and bringing the Corp Yard into compliance with SB 1383 requirements.

The Phase 1 improvements have been grouped below into four sub-phases for consideration of project budgeting, potential funding sources, and timing.

City Council/RSA Agenda 161 Tuesday, August 13, 2024
20 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION

4.2.1. PHASE 1A – SECURITY WALL SHIFT + EV BUS TRANSITION Phase 1A of the Master Plan includes the elements that must be relocated to accommodate the early phases of the Quarry Lakes Parkway project. Conex boxes and storage bins in the rear of the yard will be relocated in preparation for the construction of a new security wall at the site’s new southern boundary. The shifted wall will also require reconfiguration of the Transit area and elimination of one of the bus drive aisles. The recommended reconfiguration provides angled demand-response and emergency contingency bus parking along the new security wall and extends the existing bus pad parking to allow for a pass-through lane from the Gregory Way entry aisle for vehicle access.

The Phase 1A plan also includes the new transit contractor modular building. The building’s site will be relocated adjacent to the site fence facing 7th Street to allow public entry access directly to the building, eliminating the need for the public to enter the Corp Yard and improving security. With the loss of one bus drive aisle and reduction of the parking area for Transit vehicles, Dumbarton Express’s 40’ and future 45’ buses cannot be accommodated without significantly compromising the space needs of other Corporation yard functions. As such, the master plan assumes that Dumbarton Express will relocate to another site.

City Council/RSA Agenda 162 Tuesday, August 13, 2024
21 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION Construction of the new site security wall and associated demolition work outside of the new fence line is anticipated to be included as part of the Quarry Lakes Parkway project’s Phase 3 and therefore these costs are not included in preliminary cost models that were developed for this master plan.

4.2.2. PHASE 1B – DISASTER PREPAREDNESS +

ESSENTIAL UPGRADES
Phase 1B of the Master Plan encompasses the improvements that will enhance the Corporation Yard’s resiliency. The Corp Yard is one of the City’s facilities that supports disaster or emergency event response. Some of the infrastructure requires upgrading to support operations during critical events, including installation of a larger capacity hybrid CNG generator and providing fiber optic termination at the Corp Yard to improve internet connectivity. Other essential upgrades included in this phase are related to the security and safety of the campus: improving site lighting, updating security cameras and access control, and extending the public address (PA) system to reach the outdoor yard areas as well as the campus buildings.

4.2.3. PHASE 1C – IMPROVE OPERATIONAL EFFICIENCY
Phase 1C of the Master Plan includes the elements related to improving the yard’s operational efficiency. These include the reorganization of site features to improve vehicle circulation, consolidating waste and recycling materials, and consolidating material bunkers in the rear area of the yard. The dump ramp area will be moved to a new location and a new ramp will be constructed with a configuration that works for work trucks, street sweepers, and vactors. Grounds crew sheds will also be relocated and increased in size to accommodate the need for additional space to support current staff teams.

This phase also includes paving the rear area of the yard to support vehicle circulation and access and addressing current flooding issues in various areas of the campus. Lastly, an additional parking canopy behind the Streets, Grounds, and Facilities shop building will be constructed to provide protected parking for large and small equipment and vehicles that are sensitive to exposure to the elements.

4.2.4. PHASE 1D – SB 1383 (SHORT-LIVED CLIMATE

POLLUTANTS) COMPLIANCE
Phase 1D includes the improvements that address SB 1383 compliance. The state regulations require covered containers for waste materials. Corp Yard functions requiring cover include the green waste, hazardous material waste, illegal dumping materials, e-waste, and tire waste areas, the dump ramp and waste bins, the street sweeper garbage piles, and other recycling and waste bins.

City Council/RSA Agenda 163 Tuesday, August 13, 2024
22 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION

4.3. PROPOSED PHASE 2
Phase 2 of the Master Plan buildout addresses longer-term needs related to anticipated staff increases and operations growth. Improvements grouped into this phase include new, upgraded, and reorganized shop buildings, new and upgraded work spaces and workstations, storage reorganization, and new covered parking and solar energy generation.

City Council/RSA Agenda 164 Tuesday, August 13, 2024
23 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION

4.4. COST MODELS
Cost models were developed for the various components of the project to help the City evaluate phasing and plan for capital budgeting. The graphic below outlines the improvements that have been included and excluded in these preliminary cost models.

City Council/RSA Agenda 165 Tuesday, August 13, 2024
24 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION

4.5. NEXT STEPS
This planning process confirmed the value that the Public Works Department, UC Transit, and the assets at the Corporation Yard provide to the community and the City. It is recommended that the City proceed with development of 10% concept design plans for the Master Plan’s Phase 1 scope to refine the program needs, further develop the buildout design, and prepare a more detailed cost model for the project with fewer unknown design elements. The City currently has funding for implementation of Master Plan Phase 1A, and additional funding opportunities should be explored to potentially implement other Phase 1 improvements.

City Council/RSA Agenda 166 Tuesday, August 13, 2024
City Council/RSA Agenda 167 Tuesday, August 13, 2024
City Council/RSA Agenda 168 Tuesday, August 13, 2024
Report and Presentation on the Public Works
Corporation Yard Impacts from the
Construction of Quarry Lakes ParkwayPhase 1, City Project No. 18-04 and the Corporation Yard Master Plan
July 9, 2024 - City Council Meeting
Marilou R. Ayupan, Public Works Director
Item 6a. City Council/RSA Agenda 169 Tuesday, August 13, 2024 2 Quarry Lakes Parkway Update
2 City Council/RSA Agenda 170 Tuesday, August 13, 2024
3 3
City Council/RSA Agenda 171 Tuesday, August 13, 2024
4 QUARRY LAKES PARKWAY, PHASES 1-4
City Council/RSA Agenda 172 Tuesday, August 13, 2024
5 QUARRY LAKES PARKWAY, PHASES 1 & 2
City Council/RSA Agenda 173 Tuesday, August 13, 2024
6 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
▪ Realign 7th Street along
Corp Yard to connect to
Chesapeake with new
Traffic Signal
▪ Reconstruct the Line M
Open Channel and Box
▪ Relocate & Reconstruct
Corp Yard Security Wall
City Council/RSA Agenda 174 Tuesday, August 13, 2024
7 PHASE 1: 7TH STREET CONNECTION
(Existing Line M Open Channel Alignment)
City Council/RSA Agenda 175 Tuesday, August 13, 2024
8 PHASE 1: 7TH STREET CONNECTION
(Proposed Line M Open Channel Realignment)
City Council/RSA Agenda 176 Tuesday, August 13, 2024
9 PHASE 1: 7TH STREET CONNECTION
(Proposed Line M Open Channel Realignment)

SECTION A-A
Ranges from 50 -100 feet Reduction to Southern Corp Yard Site City Council/RSA Agenda 177 Tuesday, August 13, 2024
10 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
Design Status:
▪ Confirming with Alameda County Flood Control District the hydraulics analysis and design criteria for
realigned Line M Open Channel.
▪ Coordinating with Regulatory Agencies on QLP
corridor wide permit (wetlands, riparian, species &
waters).
▪ Coordinating with Alameda CTC on cost estimates,
design requirements and funding.

City Council/RSA Agenda 178 Tuesday, August 13, 2024
11 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
Requirements before Construction Phase:
▪ Approval by Alameda County Flood Control for
realigned Line M Open Channel and Hydraulics.
▪ Secured On-Site and Off-Site Regulatory Agencies
permits for QLP construction impacts to wetlands,
riparian, species & waters.
▪ Approval by Alameda CTC for funding and
implementation strategy
▪ Completion of Advance Corp Yard Site Improvements
City Council/RSA Agenda 179 Tuesday, August 13, 2024
12 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
New location of Corp Yard Security Wall will impact
maintenance operations. Will need to prepare Corp
Yard site in advance. City Council/RSA Agenda 180 Tuesday, August 13, 2024 Questions?

CORPORATION YARD

MASTER PLAN

RECOMMENDED MP VISION

CITY COUNCIL PRESENTATION
City of Union City | July 9, 2024
City Council/RSA Agenda 181 Tuesday, August 13, 2024
2Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

SITE UNDERSTANDING
City Council/RSA Agenda 182 Tuesday, August 13, 2024
AGENDA

1. Project Overview

2. Master Plan
Recommendations

3. Cost Models

4. Timing + Phasing
City Council/RSA Agenda 183 Tuesday, August 13, 2024
4Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 184 Tuesday, August 13, 2024
5Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 TASK 1 – PROJECT INITIATION
TASK 2 – NEEDS ASSESSMENT
TASK 3 – OPTIONS
TASK 4 – RECOMMENDATIONS

PROJECT OVERVIEW
City Council/RSA Agenda 185 Tuesday, August 13, 2024
6Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
Project Goals + Objectives
• Summarize existing corporation yard
operations + spaces
• Identify current and future Corp. Yard
staffing + space needs
• Evaluate options for accommodating
space needs + operations on smaller
Corp. Yard site
• Recommend Corp. Yard master plan
diagram, budget, and potential
implementation timeline
Opportunities
➢Corp. Yard as essential facility /
EOC
➢Improve corporation yard work
flow and efficiency – e.g.:
➢ Vehicular circulation
➢ Parking
➢ Storage
➢Move more city functions to
Corp. Yard (staff +
collaboration, support spaces)

PROJECT OVERVIEW
City Council/RSA Agenda 186 Tuesday, August 13, 2024
7Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

SITE UNDERSTANDING
City Council/RSA Agenda 187 Tuesday, August 13, 2024
8Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

SITE UNDERSTANDING
City Council/RSA Agenda 188 Tuesday, August 13, 2024
9Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

PARTICIPATION SUMMARY
Public Safety
• (6) User Needs Surveys • (4) Follow-Up Interviews • (2) Staff Workshops • (5) Project Management Team Meetings
• (1) SMT Presentation • TODAY! – City Council
Presentation
City Council/RSA Agenda 189 Tuesday, August 13, 2024
10Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

STAFFING NEEDS
10 13 13 13
17 17
24 28
13 13
15 19
3 4
3 4
3 5
4 5
3 5
4 5
0 0
1 1
0 10
20 30
40 50
60 70
80 CURRENT COUNCIL APPROVED CURRENT NEED FUTURE NEED - 20 YR

UNION CITY PUBLIC WORKS
STAFFING NEEDS*
IT
UC Transit
Facilities
Fleet
Streets
Grounds
Public Works -
City Hall
49 57
64 75
* Estimated staffing needs;
Strategic plan process
needed to confirm
estimates

CURRENT COUNCIL

APPROVED

CURRENT
NEED
FUTURE
NEED –
City Council/RSA Agenda 190 Tuesday, August 13, 2024
20 YR
11Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
10 13 13 13
17 17
24 28
13 13
15 19
3 4
3 4
3 5
4 5
3 5
4 5
0 0
1 1
0 10
20 30
40 50
60 70
80 CURRENT COUNCIL APPROVED CURRENT NEED FUTURE NEED - 20 YR

UNION CITY PUBLIC WORKS
STAFFING NEEDS*
IT
UC Transit
Facilities
Fleet
Streets
Grounds
Public Works -
City Hall

STAFFING NEEDS
49 57
64 75
* Estimated staffing needs;
Strategic plan process
needed to confirm
estimates

CURRENT COUNCIL

APPROVED

CURRENT
NEED
FUTURE
NEED –
City Council/RSA Agenda 191 Tuesday, August 13, 2024
20 YR
12Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

INDOOR / SHOP SPACE
City Council/RSA Agenda 192 Tuesday, August 13, 2024
13Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 0 City Council/RSA Agenda 193 Tuesday, August 13, 2024
14Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
PHASE 1 SCOPE
1A
Security Wall shift; EV Bus
Transition
• Relocate Conex
• New Contractor Modular
building
• New man gate entry +
signage
• Reconfigured bus parking
• EV charging infrastructure
• Relocation of Dumbarton
Express Fleet (location TBD)
• Partially pave back yard
1B
Disaster Preparedness +
Essential Upgrades
• Improved site lighting
• Larger emergency generator
• Fiber termination @ Corp
Yard
• Updated security and safety
(cameras, access control,
public address system)
City Council/RSA Agenda 194 Tuesday, August 13, 2024
15Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
PHASE 1 SCOPE
1C
Improve Operational
Efficiency
• Flooding mitigation
• 4 additional material bunkers
• Partially pave back yard
• Relocate/ replace tool sheds
• Canopy-covered small
equipment storage
• New dump ramp
• Covered large equipment
parking
1D
SB 1383 compliance
E
• Covered material bunkers
• Covered compost bunker,
green waste
• Covered supply and
equipment storage
• Dump ramp canopy
City Council/RSA Agenda 195 Tuesday, August 13, 2024
16Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 196 Tuesday, August 13, 2024
17Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
PHASE 2 SCOPE
Anticipated future staff + operations growth
• Modernize shop restrooms
• Second wash rack
• Covered fleet parking
• City Hall storage incorporated in new shop building
• Solar canopy over buses
• Additional Transit work space
• New Grounds shop building
• Reorganized shop for expanded Streets, office, operations, and storage space
• Reorganized shop for expanded Facilities office, operations, and storage
City Council/RSA Agenda 197 Tuesday, August 13, 2024
18Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 MASTER PLAN PHASE 1
City Council/RSA Agenda 198 Tuesday, August 13, 2024
19Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 MASTER PLAN BUILDOUT 2City Council/RSA Agenda 199 Tuesday, August 13, 2024 20Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 200 Tuesday, August 13, 2024
21Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 201 Tuesday, August 13, 2024
22Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
2024 2025 2026 2027

PROJECT TIMING

CORPORATION YARD

CONSRUCTION
1AT
DESIGN

QUARRY LAKES PARKWAY PROJECT
Escalation to midpoint of construction
PHASE 1B, 1C, 1D TIMING TBD DESIGN + CONSTRUCTION
QLP , PHASE 1B CONSTRUCTION
10% DESIGN
1A, 1B, 1C, 1D

FINAL DESIGN
1A
City Council/RSA Agenda 202 Tuesday, August 13, 2024
23Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

NEXT STEPS
Union City Corporation Yard
Master Plan Implementation
✓Phase 1 – (Category 1A, 1B, 1C, 1D)
Conceptual Design (10% Final Design)
✓Phase 1 (Category 1A) – Final Design +
Construction
City Council/RSA Agenda 203 Tuesday, August 13, 2024
24Union City Corp. Yard Master Plan City Council Presentation 7-09-2024

QUESTIONS
City Council/RSA Agenda 204 Tuesday, August 13, 2024
THANK YOU!
City Council/RSA Agenda 205 Tuesday, August 13, 2024
Agenda Item
DATE: 8/13/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER

AGREEMENT WITH AVA COMMUNITY ENERGY FOR UNION CITY TRANSIT ELECTRIC

BUS FLEET CHARGING AS A SERVICE (CAAS), IN A FORM APPROVED BY THE CITY

ATTORNEY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Master Agreement with Ava Community Energy for Union City Transit electric bus fleet Charging as a Service (CaaS), in a form approved by the City Attorney.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following: Goal D, Strategy 9: Transition the Union City Transit fleet to zero emissions.

BACKGROUND
Union City Transit staff became aware of the Charging as a Service (CaaS) as a possible turnkey solution for electrifying fleets at a transit conference in 2021. In Spring 2022, Union City Transit reached out to then East Bay Community Energy (EBCE), the local clean energy provider for Union City that is also charged with providing electric vehicle charging infrastructure throughout Alameda County. EBCE provided a letter of support for Union City Transit’s successful Federal Transit Administration (FTA) Low- and No-Emissions 2022 grant application.

EBCE rebranded and changed their name to Ava Community in October 2023. Union City Transit and Public Works staff continued to work with EBCE, now Ava, throughout 2023 on bus parking configurations, correct chargers according to the bus manufacturer (Gillig), and determining a connection point with Pacific Gas and Electric (PG&E). The work done by Ava Community Energy was to determine the number of chargers and the kilowatts needed for each charger.

On July 9, 2024, Union City Transit and Ava Community Energy staff presented to the City Council on the efforts to date, the reasons why CaaS was being pursued, and to introduce Ava Community Energy (see Attachment 1). At the end of the presentation, City Councilexpressed interest in the CaaS. Also at the July 9 meeting, Public Works staff presented the Corporation Yard Master City Council/RSA Agenda 206 Tuesday, August 13, 2024
Plan, which incorporated the new charging stations (see Attachment 2).

DISCUSSION
Ava Community Energy and Union City staff have been working together on a CaaS Master Agreement (Agreement), Appendix A, since late 2023. The Agreement is detailed in what is expected of both parties, but also specifies that Ava Community Energy will operate and maintain the facility through a partner (Calibrant Energy) for a period of ten (10) years. At the end of the ten years, the chargers would be removed. The Agreement also ensures the chargers would be operational nearly 100 percent of the time, which is critical for Union City Transit to provide reliable service within the community.

The Agreement does not specify pricing. Ava will develop the pricing once the Agreement is executed. Ava Community Energy has strived to match the current $600,000 annual budget that covers the compressed natural gas (CNG) fuel costs for Union City Transit buses. Ava's estimates also include utilizing grants and other discretionary fund sources to reduce capitalcosts. At this time, Ava is estimating that the cost of electricity, the installation of electric chargers, and maintenance of the chargers will exceed the current $600,000 fueling budget by $184,941, for a total of $784,941 annually. If final pricing does not make sense to Union City Transit’s operational budget, there is no obligation in this Agreement to move forward with the project as presented. Union City staff are continuing to research alternative funding sources and options for installation of the chargers to create cost parody with the current $600,000 CNG budget.

A draft of the Agreement is attached but is still subject to change pursuant to review by staff and the City Attorney’s Office and in consultation with Ava and Ava’s legal counsel. The Agreement may be finalized at a future date in a form approved by the City Attorney.

FISCAL IMPACT
There is no fiscal impact to Union City Transit funding or the General Fund at this time.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Master Agreement with Ava Community Energy for Union City Transit electric bus fleet Charging as a Service (CaaS), in a form approved by the City Attorney.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachent 1 -AVA Presentation Attachment
Attachment 2 - CYImpacts Presentation Attachment
City Council/RSA Agenda 207 Tuesday, August 13, 2024
Attachment 3 - DRAFT CaaSAgreement Attachment
City Council/RSA Agenda 208 Tuesday, August 13, 2024