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Draft Resolution

Union City City Council
April 28, 2026

Document
Draft Resolution
Meeting
April 28, 2026
Body
Union City City Council
Pages
6
Original file
31 KB
Text extracted from the city's file for reading and search. Open the original on unioncity.primegov.com. That file is the official record.
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RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH ROCKY RIDGE, LLC, FOR THE PURCHASE AND SALE OF THE MITIGATION VALUES, IN THE AMOUNT OF $11,050,000, FOR THE QUARRY LAKES PARKWAY PROJECT, PHASES 1-4, CITY PROJECT
NO. 18-04 – CEQA REVIEW – FIRST ADDENDUM TO THE EAST WEST CONNECTOR PROJECT FINAL ENVIRONMENTAL IMPACT REPORT –
APRIL 2026
WHEREAS, the Alameda County Transportation Authority (“ACTA”) in cooperation with the Cities of Fremont and Union City, had proposed the construction of the East West Connector Project, a 3.0-mile roadway that would provide east-west access between I880 and Mission Boulevard (“SR 238”) in southern Alameda County; and WHEREAS, the East West Connector (“EWC”) Project would widen existing roads (1.7 miles along Decoto Road and Paseo Padre Parkway in Fremont) and construct a new roadway (1.3 miles from Paseo Padre Parkway in Fremont to Mission Boulevard in Union City), and upon completion, provide a continuous bike and pedestrian corridor from I-880 to Mission Boulevard; and
WHEREAS, ACTA, as the Lead Agency under the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, prepared the Final Environmental Impact Report (“2009 Final EIR”) for the East West Connector Project (State Clearinghouse No. 200710278) in compliance with CEQA, to assess the potential environmental impacts, describe the alternatives, and the potential mitigation measures; and
WHEREAS, Section 3.3, Biological Resources, in the 2009 Final EIR addresses the environmental impacts of the project and potential mitigation areas; and WHEREAS, on May 28, 2009, the ACTA Board certified the Final EIR, dated April 2009, for the East West Connector Project, which is located at https://www.alamedactc.org/wp-content/uploads/2018/12/00703- 07_RevisedFEIR_V1_2009_Web.pdf; and
WHEREAS, on June 25, 2009, the ACTA Board considered related Board reports, documents presented by ACTA staff and the ACTA’s environmental consultants, including a Finding of Facts and the Statement of Overriding Considerations for the East West Connector Project, prepared in accordance with the CEQA and State CEQA Guidelines and adopted Resolution No 2009-004 (“ACTA Resolution”); and WHEREAS, in accordance with the CEQA Guidelines Sections 15091 and 15096(h), the City of Union City is a Responsible Agency for the East West Connector Project and
WHEREAS, on July 14, 2009, the City Council adopted Resolution No. 3838-09, making the findings as a Responsible Agency pursuant to the California Environmental Quality Act for the East West Connector Project (Route 84, Option 2) and approving the project; and
Resolution No. 2026-XXXX
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WHEREAS, in July 2010, the Alameda County Transportation Commission (“Alameda CTC”) was created by the merger of the Alameda County Congestion Management Agency (“ACCMA”) and the Alameda County Transportation Improvement Authority (“ACTIA”), formerly ACTA, to streamline operations, eliminate redundancies, and save taxpayers’ dollars. As a result of the merger, Alameda CTC can implement more cost-effective methods for planning, funding, and delivering programs and projects that benefit Alameda County residents and businesses; and
WHEREAS, on March 22, 2018, the Alameda CTC approved 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; and
WHEREAS, on September 14, 2018, the City of Union City received from Alameda CTC the executed I-880 to SR 238 (Mission Boulevard) East West Connector Project Funding Agreement (“PFA”) No. A18-0046, in the amount of $2,500,000, identifying Union City as the Project Sponsor for the Final Design and Construction, and the Lead Agency for CEQA documentation, which included revising the design to include transit, bikes, and pedestrian improvements, evaluating the need for a traffic study update, and determining if the 2009 Final EIR was sufficient for project revisions; 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, to better manage the project, the City divided the project into usable segments or phases that included Phase (Segment) 1: 7th Street Connection (7th Street to Mission Boulevard), Phase (Segment) 2: Gateway Connection (Old Alameda Creek to Alvarado-Niles Road), Phase (Segment) 3: 11th Street Connection (11th Street to 7th Street), Phase (Segment) 4: Alvarado-Niles Connection & Grade Separations (BART and Oakland Subdivision) and Phase (Segment) 5: Paseo Padre Parkway & Bike Trail Connection (Paseo Padre Parkway in Fremont to Old Alameda Creek in Union City); and WHEREAS, the Quarry Lakes Parkway, City Project No. 18-04, is funded with 1986 Measure B funds, 2014 Measure BB funds, and other transportation funds administered by Alameda CTC and Regional Measure 3 (“RM3”) Dumbarton Corridor Improvement Program funds administered by the Metropolitan Transportation Commission (“MTC”); and
WHEREAS, Mark Thomas and Company, Inc, the City’s Engineering Design Consultant, has completed sufficient engineering design for Quarry Lakes Parkway, Phase 1 (95% Plans), the Quarry Lakes Parkway, Phase 2 (65% Plans), the Quarry Lakes Parkway, Phase 3 (35% Plans) and Quary Lakes Parkway, Phase 4 (35% Plans) which were used to determine the areas of environmental impacts to wetlands, riparian, specifies and waters and other environmental resources; and WHEREAS, ICF, the City’s current Environmental Consultant, has prepared the required technical studies and coordinated with the regulatory agencies for the permits Resolution No. 2026-XXXX
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from the Regional Water Quality Control Board (“RWQCB”) for water quality certification for wetlands and discharge into Old Alameda Creek, U.S. Army Corps of Engineers for wetlands, U.S. Fish and Wildlife Services for biological resources impacts, California Department of Fish and Wildlife for stream alteration impacts to Line M Channel and Old Alameda Creek/other biological resources impact, and the State Historic Preservation Office for cultural resources impacts; and
WHEREAS, the consultant team and city staff held several technical meetings from 2022 to 2025 with the RWQCB, Alameda County Water District (“ACWD”), and the City of Fremont, reviewing and evaluating options for onsite mitigation improvements within Old Alameda Creek; and
WHEREAS, onsite mitigation options within Old Alameda Creek became challenging to implement due to permitting, high construction costs, 10-year maintenance and monitoring costs, and securing maintenance agreements with both ACWD and the City of Fremont. The consultant team and city staff concluded that the off-site environmental mitigation option is likely more feasible and realistic; and WHEREAS, on March 25, 2025, the consultant team and city staff held a technical meeting with RWQCB staff to provide an update on the challenges of onsite mitigation options, the project mitigation impact calculations, and the offsite mitigation concepts (see Exhibit A for Meeting Presentation); and
WHEREAS, at the same meeting with RWQCB, the offsite mitigation location identified was the Manning Ranch (part of Eagle Ridge Ranch) and the Livermore Valley Preserve area; and
WHEREAS, on April 2, 2025, the consultant team and city staff met with Olberding Environmental, Inc., a biological consulting firm, to discuss the project offsite mitigation needs and to confirm if there was an available area within the Manning Ranch or Livermore Valley preserve for Quarry Lakes Parkway, City Project No. 18-04; and WHEREAS, at the same meeting, Olberding Environmental, Inc., staff noted the RWQCB staff had recently visited the Manning Ranch mitigation site to observe the habitat growth and natural development of the site; and WHEREAS, on July 25, 2025, the City entered into a Consulting Services Agreement with Olberding Environmental, Inc., in the amount of $74,500, to begin the design of an Initial Conceptual Habitat Management and Mitigation Plan for Quarry Lakes Parkway, City Project No. 18-04; and
WHEREAS, Olberding Environmental, Inc. coordinated with the Rocky Ridge, LLC owner and developer of the unique high-value mitigation site, Manning Ranch, in the Livermore area, and confirmed that the property is available for offsite mitigation requirements for Quarry Lakes Parkway, City Project No. 18-04; and WHEREAS, the consultant team, including Olberding Environmental, Inc., continued to coordinate and meet with the regulatory agencies to prepare and design the initial conceptual Habitat Management and Mitigation Plan for Quarry Lakes Parkway, Resolution No. 2026-XXXX
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City Project No. 18-04, dated September 2025, for their review and comments; and WHEREAS, on October 14, 2025, the City Council adopted Resolution No. 2025- 136 authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Olberding Environmental, Inc., in the amount of $200,000, for a total contract amount of $274,500, for the Design of the Habitat Mitigation and Monitoring Plan (“HMMP”) for Quarry Lakes Parkway Project, City Project No. 18-04; and WHEREAS, the consultant team coordinated the review comments from the regulatory permitting agencies, prepared an updated Habitat Mitigation and Monitoring Plan (HMMP), dated November 2025, and submitted the HMMP with the initial permit applications to the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Regional Water Quality Control Board, and California Department of Fish and Wildlife in early 2026; and
WHEREAS, the consultant team has received additional comments from the permit agencies and has updated the Habitat Mitigation and Monitoring Plan, dated April 2026 (Exhibit B), and plans to resubmit the HMMP to the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Regional Water Quality Control Board, and California Department of Fish and Wildlife; and
WHEREAS, Rocky Ridge, LLC, the owner and developer of the Manning Ranch Mitigation Site (Exhibit C), will provide Mitigation Values to the City of Union City and will prepare and process for approval the HMMP to satisfy the compensatory mitigation requirements; and
WHEREAS, on February 10, 2026, the City Council adopted Resolution No. 2026- 017, accepting $16,728,000 from the Regional Measure 3 Dumbarton Corridor Improvements Program of the Metropolitan Transportation Commission, increasing the revenue projections in the Capital Projects Grants Fund by $16,728,000, and appropriating $16,728,000 to the Quarry Lakes Parkway Project, City Project No. 18 with $13,000,000 programmed for the environmental mitigation; and WHEREAS, on April 28, 2026, the City Council of Union City adopted a resolution approving the First Addendum to the certified East-West Connector Project Final Environmental Impact Report for Quarry Lakes Parkway, for Phases (Segments) 1-4, City Project No. 18-04 (“First Addendum”), The First Addendum describes and analyzes the environmental impacts of the proposed changes to Phases 1-4 of the Quarry Lake Parkway as compared to the project and impacts analyzed in the 2009 Final EIR to determine if future environmental review was required under the CEQA subsequent review standards outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162; and
WHEREAS, Section 3.3, Design Changes Since the EWC EIR (referred to herein as the 2009 Final EIR) in the First Addendum identifies the project changes in detail, and below is a summary of these changes related to the purchase of Mitigation Values by the City of Union City. The complete description in the First Addendum of all the proposed changes to the project analyzed in the 2009 Final EIR is incorporated herein by reference.

Resolution No. 2026-XXXX
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Mitigation for Waters/Wetlands/Riparian Effects
The planned mitigation area identified in the EWC was located within the project limits as onsite migration within the area of Old Alameda Creek adjacent to Quarry Lakes Drive. When the design and cost for onsite mitigation were determined to be unfeasible, offsite mitigation sites were evaluated, with the Eagle Ridge East and Manning Ranch sites in Livermore, as identified in the Habitat Mitigation & Monitoring Plan (“HMMP”) dated April 2026, which the regulatory agencies have conditionally approved.

WHEREAS, the First Addendum analyzed the environment impacts of the offsite mitigation under the Agreement; he First Addendum found that the offsite mitigation would not cause any new or substantially more severe significant impacts than disclosed in the certified 2009 EWC EIR and would not trigger any other standards requiring environmental review under CEQA; and based on the First Addendum, no further environmental review for the Agreement is required under CEQA; and WHEREAS, the Agreement for the Purchase and Sale of the Mitigation Values for Quarry Lakes Parkway, Phases 1 through 4, City Project No. 18-04, between Rocky Ridge, LLC, and the City of Union City (“Agreement”), in the amount of $11,050,000, will be funded with Capital Project Grants (Account Number 410-91804-57115); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute an Agreement for Purchase and Sale of Mitigation Values with Rocky Ridge, LLC, in a form approved by the City Attorney in the amount of $11,050,000 for the Quarry Lakes Parkway, Phases 1 through 4, City Project No. 18-04.

Resolution No. 2026-XXXX
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Resolution No. 2026-XXXX
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on Tuesday, April 28, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – RWQCB Mitigation Meeting 03.25.25

2. Exhibit B – Habitat Mitigation and Monitoring Plan – April 2026

3. Exhibit C – Manning Ranch Mitigation Site

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