2026 MPFA
MEASURE B
MASTER PROGRAMS FUNDING AGREEMENT
between the
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF UNION CITY
This Measure B Master Programs Funding Agreement (“AGREEMENT”), effective the 1st of July 1, 2026, is entered into by and between the Alameda County Transportation Commission (“ALAMEDA CTC”) and the City of Union City (“RECIPIENT”).
RECITALS
A. On November 7, 2000, the voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved the reauthorization of Measure B, thereby authorizing Alameda County Transportation Improvement Authority (“ACTIA”) to administer the proceeds from a continued one-half cent transaction and use tax (“Measure B”).
B. The Measure B sales tax was collected for a period of 20 years from April 1, 2002, through March 31, 2022. The tax proceeds must be used to pay for the programs and projects outlined in Alameda County’s 20-Year Transportation Expenditure Plan (the “Measure B Expenditure Plan”), as it may be amended.
C. On June 24, 2010, ACTIA and ACCMA took the final actions to create ALAMEDA CTC, a joint powers authority, with all of ACTIA and ACCMA’s functions 216 of 375
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and responsibilities. Pursuant to resolutions adopted by the ACCMA and ACTIA Boards and the governing body of the ALAMEDA CTC (“COMMISSION”), ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC, including duties related to the Measure B Program.
D. This AGREEMENT delineates the requirements of the Measure B Direct Local Distribution (“DLD”) funds that have been directly allocated to local jurisdictions and transit operators, as authorized by the Measure B Expenditure Plan. Discretionary funds identified in this expenditure plan are not the subject of this AGREEMENT, and RECIPIENT will be required to enter into a separate agreement for those funds.
E. RECIPIENT’s Measure B Audited Financial Statement for Fiscal Year Ended June 30, 2025 reports a Measure B DLD fund balance of $239,495.
F. The parties to this AGREEMENT previously entered into a Master Programs Funding Agreement applicable to DLD funds distributed by ALAMEDA CTC, which expires as of June 30, 2026 (“ORIGINAL AGREEMENT”). The parties have determined that it is appropriate to enter into a new agreement rather than extending the ORIGINAL AGREEMENT, in part because the ORIGINAL AGREEMENT governed separate ALAMEDA CTC funds which will be distributed for many years after the deadline for expenditure of the funds governed by this AGREEMENT, and those funds shall now be governed by a separate agreement between the parties.
G. Notwithstanding anything to the contrary in the ORIGINAL AGREEMENT, RECIPIENT is granted until June 30, 2027 to expend its remaining Measure B DLD 217 of 375
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Balance, pursuant to action taken on February 26, 2026 by the COMMISSION to complete the closeout of the RECIPIENT’s Measure B DLD program.
This AGREEMENT was originally approved by the COMMISSION on February 26, 2026.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I: MEASURE B DLD PROGRAM FUND BALANCE
1. This AGREEMENT shall be effective as of July 1, 2026. The ORIGINAL AGREEMENT shall govern and control all expenditures of DLD distributions made on or before June 30, 2026. There will no further distributions of DLD funds from Measure B after such effective date.
2. This AGREEMENT authorizes RECIPIENT to expend its remaining Measure B DLD Program balance as stated in RECIPIENT’s Measure B Audited Financial Statement for Fiscal Year Ended June 30, 2025 as summarized in Table A: DLD Program Fund Balance Summary.
Table A: DLD Program Fund Balance
Summary
DLD Program Fund Balance
Bicycle and Pedestrian
Program
$68,961
Local Streets and Roads
Program
$170,534
Total $239,495
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3. The Measure B DLD Program Fund Balance must be expended fully by June 30, 2027. Any portion of such Fund Balance which is not expended by that date shall revert to ALAMEDA CTC.
4. The Measure B DLD Program funds must be used in accordance with the applicable Bicycle and Pedestrian Program Implementation Guidelines, Local Streets and Roads Program Implementation Guidelines, Mass Transit Program Implementation Guidelines, and Paratransit Program Implementation Guidelines, which define eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.
ARTICLE II: PAYMENTS AND EXPENDITURES
A. ALAMEDA CTC’S DUTIES AND OBLIGATIONS
1. ALAMEDA CTC shall provide for an independent annual audit of its financial statements including revenues and expenditures and also of its calculation of the allocation formula for distributing Measure B revenues to various recipients and render an annual report to the COMMISSION within 180 days following the close of the fiscal year.
2. ALAMEDA CTC shall provide timely notice to RECIPIENT prior to conducting an audit of expenditures made by RECIPIENT to determine whether such expenditures are in compliance with this AGREEMENT and the Measure B Expenditure Plan.
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B. RECIPIENT’S DUTIES AND OBLIGATIONS
1. RECIPIENT shall expend all Measure B funds received in compliance with the applicable guidelines and the Measure B Expenditure Plan, including the Implementation Guidelines and performance measures, as they may be adopted or amended by ALAMEDA CTC from time to time.
2. RECIPIENT shall set up and maintain an appropriate system of accounts to report on Measure B funds received. RECIPIENT must account for Measure B funds, including any interest received or accrued, separately for each fund type, and from any other funds received from the ALAMEDA CTC. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds.
ALAMEDA CTC and its representatives, agents and nominees shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT shall expend Measure B funds in compliance with the Timely Use of Funds Policies for Direct Local Distributions, as approved by the COMMISSION, and as they may be adopted or amended by ALAMEDA CTC from time to time.
C. OTHER EXPENDITURE RESTRICTIONS
1. Transportation Purposes Only: RECIPIENT shall use all Measure B funds solely for transportation purposes as defined by the authorizing ballot measure. Any jurisdiction that violates this provision must fully reimburse all misspent funds, including all interest which would have been earned thereon. 220 of 375
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2. Non-Substitution of Funds: RECIPIENT shall use Measure B funds to supplement and not replace existing property taxes used for transportation purposes.
3. Fund Exchange: Any fund exchanges made using Measure B funds must be made for transportation purposes. ALAMEDA CTC will consider exchange proposals on a case-by-case basis.
4. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Measure B, including direct staff costs and consultant costs, are eligible uses of Measure B funds. ALAMEDA CTC does not allow indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.
ARTICLE III: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, ALAMEDA CTC may rescind Measure B funds from the RECIPIENT until full compliance is achieved.
1. RECIPIENT shall, by December 31st of each year, submit to ALAMEDA CTC, at the RECIPIENT’s expense, separate independently audited financial statements for the prior fiscal year ended June 30 of Measure B funds received and used.
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2. RECIPIENT shall, by December 31st of each year, submit to ALAMEDA CTC, at the RECIPIENT’s expense, annual program compliance reports regarding programs and projects on which RECIPIENT expended Measure B funds.
3. RECIPIENT shall document expenditure activities and report on the performance of Measure B funded activities through the annual program compliance reporting process, or through other ALAMEDA CTC performance and reporting processes as they may be requested, including but not limited to the annual performance report, annual program plan, planning monitoring reports. Program Performance Measures are attached hereto as Exhibit A.
4. RECIPIENT shall install or mount signage adjacent to Measure B funded construction projects, and on vehicles funded with Measure B funds (e.g., RECIPIENT and ALAMEDA CTC logos; “Your Transportation Tax Dollars Help Fund the Operation of This Vehicle!”) where practical, so Alameda County taxpayers are informed as to how RECIPIENT is using Measure B funds.
5. RECIPIENT shall provide current information on RECIPIENT’s website, to inform the public about how RECIPIENT is using Measure B funds.
6. RECIPIENT shall actively participate in a Public Awareness Program, in partnership with ALAMEDA CTC and/or its community advisory committees, as a means of ensuring that the public has access to the ability to know which projects and programs are funded through Measure B funds.
7. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to 222 of 375
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RECIPIENT’s receipt, usage, and/or compliance audit findings regarding Measure B funds before the COMMISSION and/or the Independent Watchdog Committee or community advisory committees, as applicable.
8. RECIPIENT agrees that ALAMEDA CTC may review and/or evaluate all project(s) or program(s) funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of ALAMEDA CTC to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing board.
ARTICLE IV: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither ALAMEDA CTC, nor the COMMISSION, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure B funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold harmless ALAMEDA CTC, the COMMISSION, and all its officers, agents, and employees, from any liability imposed on ALAMEDA CTC for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure B funds distributed to RECIPIENT pursuant to this AGREEMENT.
C. INDEMNITY BY ALAMEDA CTC
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Neither RECIPIENT, nor its governing body, elected officials, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, indemnify, and hold harmless RECIPIENT, and its governing body, elected officials, all its officers, agents, and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT.
D. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Alameda County, California and the parties hereto hereby waive inconvenience of forum as an objection or defense to such venue.
E. ATTORNEYS’ FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorneys’ fees from the other party.
F. TERM
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The term of this AGREEMENT shall be from July 1, 2026 to December 31, 2027, unless amended or terminated in writing.
G. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
H. MODIFICATION
This AGREEMENT, and its Exhibits, as well as the referenced Implementation Guidelines, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings regarding Measure B program funds (but not project funding agreements), including but not limited to the ORIGINAL AGREEMENT, which is terminated as of the effective date hereof. This AGREEMENT may only be changed by a written amendment executed by both parties. Notwithstanding the foregoing, the Implementation Guidelines, Performance Measures, and Timely Use of Funds Policies related to Measure B funds may be changed from time to time by ALAMEDA CTC.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF UNION CITY
(RECIPIENT)
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By
:
By
:
Joan Malloy Date
City Manager
Tony Tavares Date
Executive Director
Recommended
By:
Vivek Bhat Date
Deputy Executive Director of
Projects
Reviewed as to Budget/Financial
Controls:
By:
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:
By
: By:
Kristopher Kokotaylo Date
Legal Counsel to City of Union City
Fennemore LLP Date
Legal Counsel to ALAMEDA CTC
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Alameda CTC Agreement No. A26-00XX
Exhibit A – Page 1
2026 MPFA
EXHIBIT A
DIRECT LOCAL DISTRIBUTION PROGRAM
PERFORMANCE MESASURES
Direct Local Distribution (DLD) recipients are to document the performance and benefits of the projects and programs funded with Measure funds. The following performance measures are a selection of performance measures and associated standards, organized by funding program, that must be documented at minimum by DLD recipients as applicable. Additional performance measures may be requested by Alameda CTC.
Performance reporting and monitoring will be done through Alameda CTC’s standard reporting processes, including the Annual Program Compliance Reports and various planning activities, as requested and applicable. Alameda CTC’s performance reporting will concentrate on key indicators at the time of reporting.
BICYCLE AND PEDESTRIAN PROGRAM
PERFORMANCE MEASURES
Performance
Measure
Performance Metrics & Standards Evaluation
Frequency &
Method
Corrective Action
Infrastructure
Investment
Report on bicycle
and pedestrian
projects completed
or underway.
Directional lane miles of all bicycle facilities built or improved (may include bike lanes, bike routes, multi-use pathway improvements).
Linear feet of all pedestrian improvements built or
improved (may include sidewalks, trails/pathways).
Number of all intersections or midblock bicycle/pedestrian crossing locations improved (may include locations that received crossing improvements, curb/ADA ramps, bicycle protection elements, daylighting, traffic calming elements, lighting, etc.).
Annually via
Compliance
Report
N/A; Report on
investments
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Exhibit A – Page 2
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Safety
Investments
Report on bicycle
and pedestrian
investments
located on
countywide priority
networks:
- High Injury
Network (HIN)
Proactive
Safety Network
(PSN)
- Countywide
Bikeways
Network (CBN)
Directional lane miles of bicycle facilities built or improved to an All Ages and Abilities (AAA) standard on the Alameda CTC-adopted HIN, PSN and/or CBN.
Linear feet of pedestrian improvements built or improved on the Alameda CTC-adopted HIN or PSN (may include
sidewalks, trails/pathways).
Number of intersections and/or midblock
bicycle/pedestrian crossing locations improved on Alameda CTC-adopted HIN, PSN, or CBN (may include locations
that received crossing improvements, curb/ADA ramps,
bicycle protection elements, daylighting, traffic calming elements, lighting, etc.).
Annually via
Compliance
Report
N/A; Report on
investments
Current Master
Plan
Maintain a local
current
Bicycle/Pedestrian
Master Plan
(BPMP) or Active
Transportation
Plan.
Plan(s) no more than 5 years old, based on adoption date. Annually via Compliance
Report
Any agency without
a current plan is
required to provide
schedule for a plan
update.
Capital Project
and Program
Investment
Report on capital
and program
administration
costs
Investment into capital projects and programs is greater than program administration costs (outreach, staffing,
administrative support).
Annually via
Compliance
Report
Any agency not
achieving this metric
must explain how
capital needs will be
addressed in the
future.
EXHIBIT A (cont.)
LOCAL TRANSPORTATION PROGRAM (Local Streets and Roads (LSR)) 231 of 375
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PERFORMANCE MEASURES
Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Infrastructure Investment
Report on roadway and
transportation
improvements completed
or underway.
Lane miles of roadway improvements, pavement
rehabilitation, striping, etc.
Linear feet of all bicycle/pedestrian
improvements built or improved (may include
sidewalks, trails/pathways).
Number of all intersections or midblock
bicycle/pedestrian crossing locations improved
(may include locations that received crossing
improvements, curb/ADA ramps, bicycle
protection elements, daylighting, traffic calming
elements, lighting, etc.).
Annually via
Compliance
Report
N/A; Report on
investments
Safety Investments
Report on bicycle and
pedestrian investments
located on countywide
priority networks:
- High Injury Network
(HIN) Proactive Safety
Network (PSN)
- Countywide Bikeways
Network (CBN)
Directional lane miles of bicycle facilities built
or improved to an All Ages and Abilities (AAA)
standard on the Alameda CTC-adopted HIN,
PSN and/or CBN.
Linear feet of pedestrian improvements built or
improved on the Alameda CTC-adopted HIN or
PSN (may include sidewalks, trails/pathways).
Number of intersections and/or midblock
bicycle/pedestrian crossing locations improved
on Alameda CTC-adopted HIN, PSN, or CBN
(may include locations that received crossing
improvements, curb/ADA ramps, bicycle
protection elements, daylighting, traffic calming
elements, lighting, etc.).
Annually via
Compliance
Report
N/A; Report on
investments
Pavement Condition
Index (PCI)
Maintain a PCI moving average rating of 60 or
above.
Average PCI based on latest available data from
MTC’s Pavement Condition Index Summary
Report.
Annually via
Compliance
Report
Any agency not
achieving the target
must identify
corrective actions
and future
investments to
address PCI levels.
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Exhibit A – Page 4
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Equitable Investments
Report on investments
within equity communities
Identify LSR investments toward maintaining
and improving roadways and transportation
infrastructure, in equity communities as the
areas are defined in:
- Equity Priority Communities as defined
by MTC
- Equity Areas as defined by Alameda
CTC
- Locally-defined equity areas
- Opportunity Zones as certified by the
U.S. Department of the Treasury
Annually via
Compliance
Report
N/A; Report on
investments
Measure BB LSR 15%
Requirement
Expenditure of LSR funds
on bicycle and pedestrian
projects elements (for
Measure BB funds only)
Maintain a 15% annual minimum LSR
investment to support bicycling and walking.
Annually via
Compliance
Report
Any agency not
achieving the target
annual percentage
must explain and/or
identify plan to use
LSR funds on future
bicycle/pedestrian
improvements to
meet this target over
the duration of
Measure BB.
Capital Project and
Program Investment
Report on capital and
program administration
costs
Investment into capital projects and programs is
greater than program administration costs
(outreach, staffing, administrative support).
Annually via
Compliance
Report
Any agency not
achieving this metric
must explain how
capital needs will be
addressed in the
future.
EXHIBIT A (cont.)
MASS TRANSIT PROGRAM
PERFORMANCE MEASURES
Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Ridership/Service
Utilization
Annual Ridership
(Unlinked Passenger
Trips)
Annual Unlinked Trips as reported to the National
Transit Database (NTD).
Note: Latest fiscal year data is provided
provisionally by transit operators and is subject to
Annually
reported by
Transit
Operators.
N/A
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Exhibit A – Page 5
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change. NTD regularly revises historical year data
as part of new data releases. Alameda CTC
analysis will be based on the latest available NTD
data.
On-Time Performance
Systemwide on-time
performance
Average on-time performance as reported by
transit operator. Target of 75% to 90% or based on
the transit agency’s adopted performance goals
and standards.
Annually
reported by
Transit
Operators.
Any agency with
significant decline
below adopted target
must provide an
explanation and
specify plan to
improve performance.
Cost Effectiveness
Operating Cost Metrics
Operating Cost Metrics as reported to the National
Transit Database (NTD) as requested such as:
- Operating cost per passenger mile
- Operating cost per vehicle revenue mile
Annually
reported by
Transit
Operators.
Any agency with
significant increase in
costs must provide an
explanation.
PARATRANSIT PROGRAM
PERFORMANCE MEASURES
Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Ridership/Service
Utilization
Number of people
served or trips provided
Number of individuals served or trips provided by
program (for service types such as ADA mandated
paratransit, door-to-door service, taxi programs,
accessible van service, shuttle service, group trips,
travel training, meal delivery)
Annually via
Compliance
Report and
Program Plan
Review.
N/A
Cost Effectiveness
Operating Cost Metrics
Cost per trip or per passenger (for service types
such as ADA mandated paratransit, door-to-door
service, taxi programs, accessible van service,
shuttle service, group trips)
Annually via
Compliance
Report and
Program Plan
Review.
Any agency with
significant increase in
costs must provide an
explanation.
Note: The Paratransit Program Implementation Guidelines contains additional listing of performance measures by program type.
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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 A ONE-YEAR
MASTER PROGRAMS FUNDING WITH ALAMEDA COUNTY
TRANSPORTATION COMMISSION FOR THE REMAINING 2000
MEASURE B DIRECT LOCAL DISTRIBUTION FUNDS
WHEREAS, voters approved the 20-year Measure B half-cent transportation sales tax in 2000; and
WHEREAS, voters approved Measure F, which authorizes a ten-dollar Vehicle Registration Fee (VRF) in 2010; and
WHEREAS, voters approved the 2014 Transportation Expenditure Plan (Measure BB), a half-cent transportation sales tax on November 4, 2014, that extends the existing 2000 Measure B transportation sales tax, and augments it by a one-half percent to fund projects and programs in Alameda County; and
WHEREAS, the Alameda County Transportation Committee (Alameda CTC) is responsible for dispersing Measure B, Measure BB, and VRF funds, known as Direct Local Distributions (DLD), to local jurisdictions by established formulas to support bicycle and pedestrian, local transportation (local streets and roads), transit, and paratransit programs; and
WHEREAS, on February 26, 2026, Alameda CTC approved a one-year Measure B MPFA that specifies the requirements for the DLD funds, Alameda CTC’s responsibilities, and the recipient’s requirements about any remaining 2000 Measure B balances to be expended from July 1, 2026, to June 30, 2027; and WHEREAS, the one-year Measure B MPFA supersedes the prior master agreements related to Measure B, as of the effective date of July 1, 2026; and WHEREAS, implementation guidelines for each program are referenced in the MPFA to guide fund eligibility and expenditures (see Exhibit A).
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Union City authorizes the City Manager to execute a One-Year MPFA with Alameda CTC for the remaining 2000 Measure B DLD funds; and
BE IT FURTHER RESOLVED, that the City of Union City and its agents shall comply with the Alameda CTC MPFA; and
BE IT FURTHER RESOLVED, that the City of Union City shall use the remaining Measure B funds for local transportation programs.
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Resolution No. 2026-XXX
Approve Alameda CTC One-Year MPFA for Remaining Measure B
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on May 12, 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 - Implementation Guidelines
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IMPLEMENTATION GUIDELINES
Index
1. Bicycle and Pedestrian Program
2. Local Street and Road (Local Transportation) Program
3. Mass Transit Program
4. Seniors and People with Disabilities (Paratransit) Program 237 of 375
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Bicycle/Pedestrian Program
Implementation Guidelines
Section 1. Purpose
A. To delineate the eligible uses of Bicycle and Pedestrian Program Funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB and Vehicle Registration Fee Direct Local Distribution and discretionary funds. These guidelines are incorporated by reference in the Master Program Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves.
The intent of the implementation guidelines is to:
1. Provide guidance on Bicycle and Pedestrian Safety funds eligible uses and expenditures.
2. Define the terms in the Master Program Funding Agreements.
3. Guide Bicycle and Pedestrian Program implementation.
Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission (Alameda CTC) and set forth eligible uses and expenditures for the Bicycle and Pedestrian Program funds. Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable).
Exceptions to these guidelines must be requested in writing and be approved by Alameda CTC.
Section 3. Background
A. Alameda CTC developed Implementation guidelines for the Bicycle and Pedestrian Safety Funds to clarify eligible fund uses and expenditures in association Master Programs Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “passthrough funds”). In 2012, the Master Programs Funding Agreements were updated to include the voter approved Measure F - Vehicle Registration Fee (VRF) program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, and new Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.
Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter approved half-cent transportation sales taxes in Alameda County (the 1986 and 2000 approved Measure B sales tax programs) B. Capital project: A bicycle and pedestrian capital investment that typically requires the following phases:
planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.
C. Complete Street: A transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Complete street concepts apply to rural, suburban, and urban areas (Caltrans definition).
D. Complete Streets Act of 2008: The California Complete Streets Act (Assembly Bill 1358) was signed into law in September 2008. It requires that local jurisdictions modify their general plans as follows:
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“(A) Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.”
E. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates.
F. Cost Allocation Plans (CAPs): CAPs and Indirect cost rate proposals (IDCs) are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Bicycle and Pedestrian programs funded through the Alameda CTC Master Programs Funding Agreements.
G. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages and benefits) which are directly and solely related to the implementation of the Alameda CTC-funded Bicycle and Pedestrian Funds, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Bicycle and Pedestrian Funds.
H. Direct Local Distribution Funds: Funds are allocated based upon a funding formula (such as population, registered vehicles, road miles, or a combination thereof) defined in a voter approved transportation expenditure plan, and provided to eligible jurisdictions on a regularly scheduled basis (such as a regular monthly payment).
I. Environmental Documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.
J. Grants: Funding for plans, programs or projects based upon a competitive call for projects, an evaluation process based on adopted evaluation criteria and allocated based upon a reimbursement basis.
K. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officer's salaries, accounting department costs and personnel department costs, which are requisite for general operation of the organization, but are not directly allocable to a particular service or product.
L. Local Bicycle Master Plan/Local Pedestrian Master Plans: Locally adopted plans that, at a minimum, examine existing conditions for walking and/or bicycling, and provide recommendations on improving the walking and/or bicycling environment, and prioritize these improvements. These plans may be stand-alone bicycle and pedestrian plans or maybe a joint plan that addresses both walking and bicycling. Also referred to as an Active Transportation Plan.
M. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.
N. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015.
Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
O. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.
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P. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.
Q. Project Completion/Closeout: Inspection/project acceptance, final invoicing, final reporting, and processes for closing out project.
R. Scoping and Project Feasibility: Early capital project phases that identify project needs, costs and implementation feasibility.
S. Vehicle Registration Fee (VRF): Measure F, Alameda County's VRF Program, approved by the voters in November 2010. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs (with the funding distribution noted in parenthesis): local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).
Section 5. Bicycle and Pedestrian Program Fund Allocations A. These Implementation Guidelines provide guidance on two types of Bicycle and Pedestrian Fund allocation processes for Measure B, Measure BB, and Vehicle Registration Fee funds: 1) Direct Local Distribution funds and 2) Grants.
1. Bicycle and Pedestrian Direct Local Distribution (DLD) Funds a. General: The Bicycle and Pedestrian DLD Funds are distributed to cities in the county and to Alameda County to be spent on planning and construction of bicycle and pedestrian projects, and the development and implementation of bicycle and pedestrian programs. These funds are intended to expand and enhance bicycle and pedestrian facilities in Alameda County, focusing on high priority projects like gap closures and intermodal connections.
b. Eligible Uses: The Bicycle and Pedestrian DLD funds may be used for capital projects, programs, or plans that directly address bicycle and pedestrian access, convenience, safety, and usage.
Eligible uses for these funds include, but are not necessarily limited to:
1) Capital Projects, including:
a. New pedestrian facilities (e.g. sidewalks, curb ramps, countdown signals, accessible signals)
b. Improvements to existing pedestrian facilities
c. New bikeways (such as bicycle routes, boulevards, lanes, multi-use pathways)
d. Improvements or upgrades to existing bikeways
e. Maintenance of bicycle and pedestrian facilities
f. Crossing improvements (at intersections, interchanges, railroads, freeways, etc.) for pedestrians and bicyclists
g. Bicycle parking facilities, including construction, maintenance and operations
h. ADA on-street improvements
i. Signage for pedestrians and/or bicyclists
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j. Pedestrian and bicycle access improvements to, from and at transit facilities
k. Traffic calming projects
l. All phases of capital projects, including feasibility studies, planning, and environmental
2) Development and updates of Local Bicycle and/or Pedestrian Master Plans (Active Transportation Plans)
3) Compliance with complete streets policies, to comply with the California Complete Streets Act of 2008, as specified in Section 6. 4) Design and implementation of education, enforcement, outreach, and promotion programs
5) Direct staff and consultant costs to develop, plan, implement, operate, and maintain the bicycle and pedestrian projects and programs. 6) Maintenance of the portion of the street most often used for bicycling (such as bicycle lanes)
7) Bicycle/pedestrian capital projects on non-city property, such as on school district property.
8) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
9) Crossing guards
10) Direct staff training costs directly related to implementation of projects, plans, or programs implemented with the Bicycle and Pedestrian Safety Funds
c. Ineligible Uses: The following is a list of ineligible uses of Bicycle/Pedestrian DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Repaving of the entire roadway (see “Eligible Uses” above for exceptions) 3) Capital projects, programs, or plans that do not directly address bicycle and pedestrian access, convenience, safety, and usage
4) Projects or programs that exclusively serve city/county staff 5) Indirect costs, unless the recipient submits an independently audited/approved Indirect Cost Allocation Plan
d. List of Projects/Programs: All projects and programs that use DLD funds must receive governing board approval prior to the jurisdiction expending the DLD funding on the project/program. This approval allows the opportunity for the public to provide input on planning for bicycle and pedestrian safety. These projects and programs may be included in any of the following, as long as they have been adopted by the jurisdiction’s governing board:
1) List of projects intended to be funded by DLD funds
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2) Local Bicycle and/or Pedestrian Master Plan with priority projects 3) Capital Improvement Program
4) A resolution, such as for a grant application submittal
2. Bicycle and Pedestrian Grant Funds
a. Alameda CTC will adopt Grant Program Guidelines before each grant cycle that will establish the guiding policies for that grant cycle and will publicize each grant funding cycle. Alameda CTC will administer a bicycle and pedestrian discretionary grant program using a portion of the available funds
b. Local jurisdictions, transit operators and Community Based Organizations (CBO) in Alameda County may be eligible for these competitive funds as determined by the Alameda CTC discretionary processes and the Grant Program Guidelines.
Section 6. Complete Streets Policy Requirement
A. To receive DLD funds, local jurisdictions must do both of the following with respect to Complete Street policies:
1. Have an adopted complete streets policy
2. Comply with the California Complete Streets Act of 2008. The California Complete Streets Act (AB1358) requires that local general plans do the following:
a. Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. b. For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
Section 7. Local Bicycle/Pedestrian Master Plan Requirement A. To receive DLD funds, local jurisdictions must do all of the following with respect to local bicycle and pedestrian master plans.
1. Have an adopted Local Pedestrian Master Plan AND Local Bicycle Master Plan OR have an adopted combined Local Pedestrian and Bicycle Plan (Active Transportation Plan); or demonstrate that the plan is being developed and will be adopted.
2. Each plan must be updated, at a minimum, every five years.
3. Each plan must include core elements to ensure that the plan is effective, and that plans throughout the county are comparable, to the extent that is reasonable, to facilitate countywide planning. Alameda CTC will develop and maintain guidelines outlining these core elements.
The Alameda CTC will provide technical assistance and consideration for funding for local jurisdictions to meet these requirements through the competitive grants. Jurisdictions may also use DLD funds for the development of local bicycle and pedestrian master plans. 242 of 375
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Section 8. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.
Section 9. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC’s Commission.
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Alameda County Transportation Commission
Local Streets and Roads (Local Transportation) Program
Implementation Guidelines
Section 1. Purpose
A. To delineate the eligible uses of Local Streets and Roads funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB, and Vehicle Registration Fees (VRF) Direct Local Distribution funds. These guidelines are incorporated by reference in the Master Programs Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves. The intent of the implementation guidelines is to:
1. Provide guidance on Local Streets and Roads funds eligible uses and expenditures.
2. Define the terms in the Master Programs Funding Agreements.
3. Guide Local Streets and Roads Program implementation.
Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission and set forth eligible uses and expenditures for the Local Streets and Roads funds.
Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable). Exceptions to these guidelines must be requested in writing and be approved by the Alameda CTC Commission.
Section 3. Background
A. Alameda CTC developed Implementation Guidelines for the Local Streets and Roads (Local Transportation) funds to clarify eligible fund uses and expenditures in association with Master Program Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “pass-through funds”. The Expenditure Plan allocates 22.34 percent of Measure B funds for Local Streets and Roads programs and projects. In 2012, the Master Programs Funding Agreements were updated to include the voter approved 2010 Measure F - Vehicle Registration Fee (VRF) program. The VRF includes 60 percent of net revenues for a Local Streets and Roads Program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, which allocates 20.00 percent of funds for a Local Streets and Roads program. New Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.
Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter-approved, half-cent transportation sales taxes in Alameda County (the Measure B sales tax programs approved in 1986 and 2000).
B. Bike parking: Bike racks and lockers, bike shelters, attended bike parking facilities, and bike parking infrastructure.
C. Bikeways and multiuse paths: Bike lanes, bike boulevards, side paths, bike routes, multiuse pathways, at-grade bike crossings, and maintenance of bikeway facilities. 244 of 375
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D. Bridges and tunnels: Crossings above or below grade for bicycles, pedestrians, and/or autos and transit.
E. Capital project: A capital investment that typically requires the following phases: planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.
F. Complete Street: A transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Complete street concepts apply to rural, suburban, and urban areas. (Caltrans definition) G. Complete Streets Act of 2008: The California Complete Streets Act (Assembly Bill 1358) was signed into law in September 2008. It requires that local jurisdictions modify their general plans as follows:
“(A) Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.”
H. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates (PS&E).
I. Cost Allocation Plans (CAPs): CAPs and indirect cost (IDC) rate proposals are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Local Streets and Roads programs funded through the Alameda CTC Master Programs Funding Agreements.
J. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages, and benefits) that are directly and solely related to the implementation of the Alameda CTC-funded Local Streets and Roads projects, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Local Streets and Roads funds.
K. Direct Local Distribution Funds: Funds are allocated based upon a funding formula (such as population, registered vehicles, roadmiles, or a combination thereof) defined in a voter approved measure and provided to eligible jurisdictions on a regularly schedule basis (such as a regular monthly payment).
L. Education and promotion: Marketing, education, information, outreach, and promotional campaigns and programs.
M. Environmental documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.
N. Equipment and new vehicles: Purchase or lease of vehicles and equipment for service improvements, such as information dissemination, fare collection, etc.
O. Grants: Funding for plans, programs, or projects based on a competitive call for projects; evaluated based on adopted evaluation criteria; and allocated based on a reimbursement basis.
P. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officers’ salaries, accounting department costs, and 245 of 375
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personnel department costs, which are requisite for general operation of the organization but are not directly allocable to a particular service or product.
Q. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.
R. Measure B: Alameda County’s half-cent transportation sales tax, originally approved in 1986, and reauthorized by voters in November 2000. Collection of the sales tax began on April 1, 2002.
Administered by the Alameda CTC, Measure B funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
S. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015. Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions: bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
T. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.
U. Pedestrian crossing improvements: At-grade pedestrian crossing improvements such as crosswalks, roadway/geometric changes, or reconfiguration specifically benefiting pedestrians.
V. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.
W. Planning area: Four geographical sub-areas of the county (Planning Areas 1, 2, 3, and 4). The subareas of the county are defined by the Alameda CTC as follows:
1. Planning Area 1 – North Area: Cities of Alameda, Albany, Berkeley, Emeryville, Oakland and Piedmont
2. Planning Area 2 – Central Area: Cities of Hayward and San Leandro, and the unincorporated areas of Castro Valley and San Lorenzo, as well as other unincorporated lands in that area
3. Planning Area 3 – South Area: Cities of Fremont, Newark, and Union City
4. Planning Area 4 – East Area: Cities of Dublin, Livermore, and Pleasanton, and all unincorporated lands in that area
X. Project completion/closeout: Inspection/project acceptance, final invoicing, final reporting, and the processes for closing out a project.
Y. Scoping and project feasibility: Early capital project phases that identify project needs, costs, and implementation feasibility.
Z. Sidewalks and ramps: New sidewalks, sidewalk maintenance, curb ramps, and stairs/ramps for pedestrian and Americans with Disabilities Act access.
AA. Signage: Warning, regulatory, wayfinding, or informational signage.
BB. Signals: New traffic signals or crossing signals, signal upgrades, countdown signals, audible signals, or signal timing improvements.
CC. Street resurfacing and maintenance: Repaving and resurfacing of on-street surfaces, including striping.
DD. Traffic calming: Infrastructure primarily aimed at slowing down motor vehicle traffic. 246 of 375
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EE. Vehicle Registration Fee (VRF): Measure F, Alameda County’s VRF Program, approved by the voters in November 2010 with 63 percent of the vote. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs and the distribution percentage is as follows: local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).
Section 5. Local Streets and Roads Fund Allocations
A. These Implementation Guidelines provide guidance on the Local Streets and Roads (LSR) Fund allocation process for Measure B, Measure BB and VRF Direct Local Distribution funds.
1. Measure B/BB Local Streets and Roads Direct Local Distribution (DLD) Funds a. General: Alameda CTC distributes Measure B and Measure BB Local Streets and Roads DLD funds to cities in the county and to Alameda County to be spent on transportation capital improvements for surface streets and arterial roads, and maintenance and upkeep of local streets and roads, including repaving streets, filling potholes, and upgrading local transportation infrastructure.
These funds are intended to maintain and improve local streets and roads in Alameda County, and may be used for any local transportation need based on local priorities, including streets and roads projects, local transit projects, bicycle and pedestrian projects, projects (sponsored by others) that require local agency support, and other transportation uses as approved through a public process by the jurisdiction. b. Eligible Uses: Measure B/BB DLD funds may be used for capital projects, programs, maintenance, or operations that directly improve local streets and roads and local transportation. Eligible uses for these funds include, but are not necessarily limited to:
1) Capital projects, including:
a) All phases of capital projects, including feasibility studies, planning, and environmental
b) Upgrades to or installation of new local streets and roads infrastructure including installation of streets, roads, and highways c) Street resurfacing and maintenance including repaving and resurfacing of on-street surfaces including striping
d) Improvements or upgrades to bridges and tunnels
e) Installation of or upgrades to sidewalks and curb ramps f) Americans with Disabilities Act (ADA) on-street improvements, including sidewalk upgrades and curb ramp installations g) Purchase or lease of equipment or new vehicles for local streets and roads improvements
h) Crossing improvements including traffic signals, signage, and traffic lights (at intersections, interchanges, railroads, freeways, etc.) for drivers, pedestrians, and bicyclists
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i) Improvements to or installation of new pedestrian facilities (e.g., sidewalks, curb ramps, countdown signals, accessible signals, at-grade bike crossings)
j) Improvements or upgrades to or installation of new bikeways (such as bicycle routes, boulevards, lanes, multi-use pathways) k) Maintenance of or installation of bicycle and pedestrian facilities, including construction, maintenance, and operations of bike parking facilities.
l) Pedestrian and bicycle access improvements to, from and at transit facilities
m) Traffic calming projects
2) Transit system operations, operations of traffic signal system controls and interconnections, and corridor monitoring and management 3) Mass transit project operations including bus, ferry, shuttle, rail, and Welfare to Work services
4) Paratransit services
5) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
6) Direct staff training costs directly related to implementation of projects or programs implemented with the Local Streets and Roads Funds c. Ineligible Uses: The following is a list of ineligible uses of LSR DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Capital projects, programs, maintenances, or operations that do not directly improve local streets and roads and local transportation 3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan
d. List of Projects/Programs: All projects and programs that use LSR DLD funds must receive governing board approval prior to the jurisdiction expending the DLD funding on the project/program. This approval allows the opportunity for the public to provide input on planning for local streets and roads projects. These projects and programs must be included in any of the following, as long as they have been adopted by the jurisdiction’s governing board:
1) List of projects intended to be funded by DLD funds
2) Local Streets and Roads Master Plan with priority projects 3) Capital Improvement Program
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2. VRF Local Streets and Roads DLD Funds
a. General: Alameda CTC distributes VRF Local Streets and Roads DLD Funds to cities in the county and to Alameda County to be spent on transportation capital improvements for surface streets and arterial roads, and maintenance and upkeep of local streets and roads. These funds are intended to maintain and improve local streets and roads as well as a broad range of facilities in Alameda County (from local to arterial facilities).
b. Eligible Uses: The VRF Local Streets and Roads DLD funds may be used for improving, maintaining, and rehabilitating local roads and traffic signals. It will also incorporate the Complete Streets practice that makes local roads safe for all modes, including bicyclists and pedestrians, and accommodate transit. Eligible uses for these funds include, but are not necessarily limited to:
1) Street repaving and rehabilitation, including curbs, gutters and drains 2) Traffic signal maintenance and upgrades, including bicyclist and pedestrian treatments
3) Signage and striping on roadways, including traffic and bicycle lanes and crosswalks
4) Sidewalk repair and installation
5) Bus stop improvements, including bus pads, turnouts and striping 6) Improvements to roadways at rail crossings, including grade separations and safety protection devices
7) Improvements to roadways with truck or transit routing c. Ineligible Uses: The following is a list of ineligible uses of VRF Local Streets and Roads DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities that are not related to transportation 2) Projects or programs that are not directly related to streets and roads improvements
3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.
Section 6. Complete Streets Policy Requirement
A. To receive DLD funds, local jurisdictions must do both of the following with respect to Complete Streets policies:
1. Have an adopted Complete Streets policy.
2. Comply with the California Complete Streets Act of 2008. The California Complete Streets Act (AB1358) requires that local general plans do the following:
a. Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a 249 of 375
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balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. b. For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
Section 7. Pavement Condition Index Reporting
A. To receive DLD funds, local jurisdictions must do both of the following with respect to the reporting of an agency’s pavement condition (PCI) index:
1. Annually report on the citywide pavement condition index (PCI), which rates the “health” of local streets from 1 to 100, in the Annual Program Compliance Report Form. Where applicable, this information will be consistent with material provided for MTC reporting requirements.
2. If the PCI falls below a total average index of 60 (fair condition), specify in the Annual Program Compliance Report what funding amounts, policies, or other needs are required to enable increasing the recipient’s PCI.
Section 8. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.
Section 9. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through the Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC Commission. 250 of 375
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Alameda County Transportation Commission
Mass Transit Program
Implementation Guidelines
Section 1. Purpose
A. To delineate eligible uses of Mass Transit funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB, and Vehicle Registration Fees (VRF) Direct Local Distributions and discretionary funds.
These guidelines are incorporated by reference in the Master Programs Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves. The intent of the implementation guidelines is to:
1. Provide guidance on Mass Transit funds eligible uses and expenditures.
2. Define the terms in the Master Programs Funding Agreements.
3. Guide Mass Transit Program implementation.
Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission and set forth eligible uses and expenditures for the Mass Transit funds. Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable). Exceptions to these guidelines must be requested in writing and be approved by the Alameda CTC Commission.
Section 3. Background
Alameda CTC developed Implementation Guidelines for the Mass Transit funds to clarify eligible fund uses and expenditures in association with Master Programs Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “pass-through funds”). In 2012, the Master Programs Funding Agreements were updated to include the voter approved 2010 Measure F - Vehicle Registration Fee (VRF) program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, and new Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.
Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter-approved, half-cent transportation sales taxes in Alameda County (the Measure B sales tax programs approved in 1986 and 2000).
B. Capital project: A capital investment that typically requires the following phases: planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.
C. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates (PS&E). 251 of 375
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D. Cost Allocation Plans (CAPs): CAPs and indirect cost (IDC) rate proposals are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Mass Transit programs funded through the Alameda CTC Master Programs Funding Agreements.
E. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages, and benefits) that are directly and solely related to the implementation of Alameda CTC-funded Mass Transit projects, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Mass Transit funds.
F. Direct Local Distribution funds: Funds allocated based on a funding formula (such as population, registered vehicles, road miles, or a combination thereof) defined in a voter-approved measure and provided to eligible jurisdictions on a regularly scheduled basis (such as a regular monthly payment).
G. Education and promotion: Marketing, education, information, outreach, and promotional campaigns and programs.
H. Environmental documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.
I. Equipment and new vehicles: Purchase or lease of vehicles. Equipment for service improvements, such as information dissemination, fare collection, etc.
J. Express bus service: Either of these types of rapid bus service:
1. Service within zones with a defined pick-up area, nonstop express bus service, and a defined drop-off zone.
2. Service that provides a simple route layout, has frequent service and fewer stops than regular fixed route service, and may include level boarding, bus priority at traffic signals, signature identification of the rapid buses such as color-coded buses and stops, and enhanced stations.
K. Grants: Funding for plans, programs, or projects based on a competitive call for projects; evaluated based on adopted evaluation criteria; and allocated based on a reimbursement basis.
L. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officers’ salaries, accounting department costs, and personnel department costs, which are requisite for general operation of the organization but are not directly allocable to a particular service or product.
M. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.
N. Measure B: Alameda County’s half-cent transportation sales tax, originally approved in 1986, and reauthorized by voters in November 2000. Collection of the sales tax began on April 1, 2002.
Administered by the Alameda CTC, Measure B funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
O. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015. Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions: bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
P. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.
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Q. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.
R. Planning area: Four geographical sub-areas of the county (Planning Areas 1, 2, 3, and 4). The subareas of the county are defined by the Alameda CTC as follows:
1. Planning Area 1 – North Area: Cities of Alameda, Albany, Berkeley, Emeryville, Oakland and Piedmont
2. Planning Area 2 – Central Area: Cities of Hayward and San Leandro, and the unincorporated areas of Castro Valley and San Lorenzo, as well as other unincorporated lands in that area
3. Planning Area 3 – South Area: Cities of Fremont, Newark, and Union City
4. Planning Area 4 – East Area: Cities of Dublin, Livermore, and Pleasanton, and all unincorporated lands in that area
S. Project completion/closeout: Inspection/project acceptance, final invoicing, final reporting, and the processes for closing out a project.
T. Safety improvements: Safety or security improvements for operators, passengers, service users, facilities, and infrastructure or property.
U. Scoping and project feasibility: Early capital project phases that identify project needs, costs, and implementation feasibility.
V. Vehicle Registration Fee (VRF): Measure F, Alameda County’s VRF Program, approved by the voters in November 2010 with 63 percent of the vote. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs and the distribution percentage is as follows: local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).
W. Welfare to Work: Transit services to enhance transportation opportunities for persons making the transition from welfare to work.
Section 5. Mass Transit Fund Allocations
A. These Implementation Guidelines provide guidance on the Mass Transit Fund allocation process for Mass Transit Direct Local Distribution funds and Measure B Express Bus Services Grant Program and VRF Transit for Congestion Relief Program funds.
1. Mass Transit Direct Local Distribution (DLD) Funds
a. General: Alameda CTC distributes Mass Transit DLD Funds to transit operators in Alameda County to be spent on maintenance of transit services, restoration of service cuts, expansion of transit services, and passenger safety and security. b. Eligible Uses: The Mass Transit DLD funds may be used for capital projects, programs, maintenance, or operations that directly improve mass transit services. Eligible uses for these funds include, but are not necessarily limited to:
1) Capital projects, including:
a) All phases of capital projects, including feasibility studies, planning, and environmental
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b) Upgrades to or expansions to bus, ferry, rail, and shuttle infrastructure
c) Purchase or lease of equipment or new vehicles for transit services 2) Mass transit system operations and services, including commuter rail; express, local, and feeder bus; and ferry
3) Paratransit services
4) Welfare to Work services
5) Direct staff and consultant costs to develop, plan, implement, operate and maintain transit projects and programs
6) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
7) Direct staff training costs directly related to implementation of projects or programs implemented with the Mass Transit Funds
c. Ineligible Uses: The following is a list of ineligible uses of Mass Transit DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Capital projects, programs, maintenances, or operations that does not directly improve mass transit services
3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.
2. Measure B Express Bus Services Grant Program Funds
a. The Measure B Expenditure Plan dedicates 0.7 percent of net revenues for the Countywide Express Bus Service fund for express bus service projects. The Alameda CTC will administer a Measure B Countywide Express Bus Services discretionary grant program. The Alameda CTC will adopt Grant Program Guidelines before each grant cycle that will establish the guiding policies for that grant cycle and will widely publicize each grant funding cycle.
b. Two agencies are eligible to receive express bus services grant funds:
1) Alameda-Contra Costa Transit District (AC Transit)
2) Livermore Amador Valley Transit Authority (LAVTA)
Fund recipients must enter into a separate agreement with Alameda CTC.
3. VRF Transit for Congestion Relief Program Funds
a. The VRF Expenditure Plan dedicates 25 percent of net revenues for transit projects that provide congestion relief. Alameda CTC awards VRF Transit for Congestion Relief Grant Program funds on a discretionary basis. These funds are intended to make it easier for drivers to use public transportation, make the existing transit system more efficient and effective, and improve access to schools and jobs. The goal of this program is to decrease automobile usage and thereby reduce both localized and area254 of 375 Alameda CTC Mass Transit Program Implementation Guidelines Transit - 5
wide congestion and air pollution. Fund recipients must enter into a separate agreement with Alameda CTC.
b. Eligible Uses: VRF Transit for Congestion Relief Grant Program Guidelines provide program eligibility and fund usage guidelines and requirements, definitions of terms, evaluation criteria, award details, and monitoring requirements.
Section 6. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.
Section 7. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through the Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC Commission. 255 of 375
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Alameda County Transportation Commission
Mass Transit Program
Implementation Guidelines
Section 1. Purpose
A. To delineate eligible uses of Mass Transit funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB, and Vehicle Registration Fees (VRF) Direct Local Distributions and discretionary funds.
These guidelines are incorporated by reference in the Master Programs Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves. The intent of the implementation guidelines is to:
1. Provide guidance on Mass Transit funds eligible uses and expenditures.
2. Define the terms in the Master Programs Funding Agreements.
3. Guide Mass Transit Program implementation.
Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission and set forth eligible uses and expenditures for the Mass Transit funds. Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable). Exceptions to these guidelines must be requested in writing and be approved by the Alameda CTC Commission.
Section 3. Background
Alameda CTC developed Implementation Guidelines for the Mass Transit funds to clarify eligible fund uses and expenditures in association with Master Programs Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “pass-through funds”). In 2012, the Master Programs Funding Agreements were updated to include the voter approved 2010 Measure F - Vehicle Registration Fee (VRF) program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, and new Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.
Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter-approved, half-cent transportation sales taxes in Alameda County (the Measure B sales tax programs approved in 1986 and 2000).
B. Capital project: A capital investment that typically requires the following phases: planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.
C. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates (PS&E). 256 of 375
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D. Cost Allocation Plans (CAPs): CAPs and indirect cost (IDC) rate proposals are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Mass Transit programs funded through the Alameda CTC Master Programs Funding Agreements.
E. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages, and benefits) that are directly and solely related to the implementation of Alameda CTC-funded Mass Transit projects, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Mass Transit funds.
F. Direct Local Distribution funds: Funds allocated based on a funding formula (such as population, registered vehicles, road miles, or a combination thereof) defined in a voter-approved measure and provided to eligible jurisdictions on a regularly scheduled basis (such as a regular monthly payment).
G. Education and promotion: Marketing, education, information, outreach, and promotional campaigns and programs.
H. Environmental documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.
I. Equipment and new vehicles: Purchase or lease of vehicles. Equipment for service improvements, such as information dissemination, fare collection, etc.
J. Express bus service: Either of these types of rapid bus service:
1. Service within zones with a defined pick-up area, nonstop express bus service, and a defined drop-off zone.
2. Service that provides a simple route layout, has frequent service and fewer stops than regular fixed route service, and may include level boarding, bus priority at traffic signals, signature identification of the rapid buses such as color-coded buses and stops, and enhanced stations.
K. Grants: Funding for plans, programs, or projects based on a competitive call for projects; evaluated based on adopted evaluation criteria; and allocated based on a reimbursement basis.
L. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officers’ salaries, accounting department costs, and personnel department costs, which are requisite for general operation of the organization but are not directly allocable to a particular service or product.
M. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.
N. Measure B: Alameda County’s half-cent transportation sales tax, originally approved in 1986, and reauthorized by voters in November 2000. Collection of the sales tax began on April 1, 2002.
Administered by the Alameda CTC, Measure B funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
O. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015. Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions: bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
P. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.
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Q. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.
R. Planning area: Four geographical sub-areas of the county (Planning Areas 1, 2, 3, and 4). The subareas of the county are defined by the Alameda CTC as follows:
1. Planning Area 1 – North Area: Cities of Alameda, Albany, Berkeley, Emeryville, Oakland and Piedmont
2. Planning Area 2 – Central Area: Cities of Hayward and San Leandro, and the unincorporated areas of Castro Valley and San Lorenzo, as well as other unincorporated lands in that area
3. Planning Area 3 – South Area: Cities of Fremont, Newark, and Union City
4. Planning Area 4 – East Area: Cities of Dublin, Livermore, and Pleasanton, and all unincorporated lands in that area
S. Project completion/closeout: Inspection/project acceptance, final invoicing, final reporting, and the processes for closing out a project.
T. Safety improvements: Safety or security improvements for operators, passengers, service users, facilities, and infrastructure or property.
U. Scoping and project feasibility: Early capital project phases that identify project needs, costs, and implementation feasibility.
V. Vehicle Registration Fee (VRF): Measure F, Alameda County’s VRF Program, approved by the voters in November 2010 with 63 percent of the vote. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs and the distribution percentage is as follows: local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).
W. Welfare to Work: Transit services to enhance transportation opportunities for persons making the transition from welfare to work.
Section 5. Mass Transit Fund Allocations
A. These Implementation Guidelines provide guidance on the Mass Transit Fund allocation process for Mass Transit Direct Local Distribution funds and Measure B Express Bus Services Grant Program and VRF Transit for Congestion Relief Program funds.
1. Mass Transit Direct Local Distribution (DLD) Funds
a. General: Alameda CTC distributes Mass Transit DLD Funds to transit operators in Alameda County to be spent on maintenance of transit services, restoration of service cuts, expansion of transit services, and passenger safety and security. b. Eligible Uses: The Mass Transit DLD funds may be used for capital projects, programs, maintenance, or operations that directly improve mass transit services. Eligible uses for these funds include, but are not necessarily limited to:
1) Capital projects, including:
a) All phases of capital projects, including feasibility studies, planning, and environmental
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b) Upgrades to or expansions to bus, ferry, rail, and shuttle infrastructure
c) Purchase or lease of equipment or new vehicles for transit services 2) Mass transit system operations and services, including commuter rail; express, local, and feeder bus; and ferry
3) Paratransit services
4) Welfare to Work services
5) Direct staff and consultant costs to develop, plan, implement, operate and maintain transit projects and programs
6) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
7) Direct staff training costs directly related to implementation of projects or programs implemented with the Mass Transit Funds
c. Ineligible Uses: The following is a list of ineligible uses of Mass Transit DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Capital projects, programs, maintenances, or operations that does not directly improve mass transit services
3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.
2. Measure B Express Bus Services Grant Program Funds
a. The Measure B Expenditure Plan dedicates 0.7 percent of net revenues for the Countywide Express Bus Service fund for express bus service projects. The Alameda CTC will administer a Measure B Countywide Express Bus Services discretionary grant program. The Alameda CTC will adopt Grant Program Guidelines before each grant cycle that will establish the guiding policies for that grant cycle and will widely publicize each grant funding cycle.
b. Two agencies are eligible to receive express bus services grant funds:
1) Alameda-Contra Costa Transit District (AC Transit)
2) Livermore Amador Valley Transit Authority (LAVTA)
Fund recipients must enter into a separate agreement with Alameda CTC.
3. VRF Transit for Congestion Relief Program Funds
a. The VRF Expenditure Plan dedicates 25 percent of net revenues for transit projects that provide congestion relief. Alameda CTC awards VRF Transit for Congestion Relief Grant Program funds on a discretionary basis. These funds are intended to make it easier for drivers to use public transportation, make the existing transit system more efficient and effective, and improve access to schools and jobs. The goal of this program is to decrease automobile usage and thereby reduce both localized and area259 of 375 Alameda CTC Mass Transit Program Implementation Guidelines Transit - 5
wide congestion and air pollution. Fund recipients must enter into a separate agreement with Alameda CTC.
b. Eligible Uses: VRF Transit for Congestion Relief Grant Program Guidelines provide program eligibility and fund usage guidelines and requirements, definitions of terms, evaluation criteria, award details, and monitoring requirements.
Section 6. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.
Section 7. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through the Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC Commission. 260 of 375
Alameda CTC Paratransit Program Implementation Guidelines Paratransit - 1
Alameda County Transportation Commission
Paratransit Program
Implementation Guidelines
Section 1. Purpose
A. To delineate eligible uses of Paratransit funds authorized under Alameda County Transportation Commission Master Programs Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B and Measure BB Direct Local Distributions funds and discretionary funds. These guidelines are incorporated by reference in the Master Programs Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves. The intent of the implementation guidelines is to:
1. Provide guidance on Paratransit funds eligible uses and expenditures.
2. Define the terms in the Master Programs Funding Agreements.
3. Guide Paratransit Program implementation.
Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission and set forth eligible uses and expenditures for Paratransit funds. Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable). Exceptions to these guidelines must be requested in writing and be approved by the Alameda CTC Commission.
Section 3. Background
A. Alameda CTC developed Implementation Guidelines for the Paratransit funds to clarify eligible fund uses and expenditures in association Master Programs Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution (formally known as “pass-through funds”). In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, and new Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds. The expenditure plans allocates 10.45 percent of Measure B funds and 10 percent of Measure BB funds for special transportation for seniors and people with disabilities (paratransit) programs and projects.
Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter-approved, half-cent transportation sales taxes in Alameda County (the Measure B sales tax programs approved in 1986 and 2000).
B. Americans with Disabilities Act (ADA): According to the U.S. Equal Employment Opportunity Commission, originally passed in 1990 and revised in 2008, a law that prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA also requires reasonable accommodations for individuals with disabilities and has resulted in the removal of many barriers to transportation and in better access for seniors and people with disabilities. 261 of 375
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C. Capital project: A capital investment that typically requires the following phases: planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion. For paratransit programs, may be an investment in vehicles or equipment directly related to providing paratransit services.
D. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates (PS&E).
E. Cost Allocation Plans (CAPs): CAPs and indirect cost (IDC) rate proposals are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Paratransit programs funded through the Alameda CTC Master Programs Funding Agreements.
F. Customer service and outreach: Customer service functions as well as costs associated with marketing, education, outreach, and promotional campaigns and programs.
G. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages, and benefits) that are directly and solely related to the implementation of the Alameda CTC-funded Paratransit projects, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Paratransit funds.
H. Direct Local Distribution funds: Funds allocated based on a funding formula (such as population, registered vehicles, road miles, or a combination thereof) defined in a voter-approved measure and provided to eligible jurisdictions on a regularly scheduled basis (such as a regular monthly payment).
I. Education and promotion: Marketing, education, information, outreach, and promotional campaigns and programs.
J. Environmental documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.
K. Grants: Funding for plans, programs, or projects based on a competitive call for projects; evaluated based on adopted evaluation criteria; and allocated based on a reimbursement basis.
L. Group trips: One-way passenger trips considered group trips. Includes vehicle operation and contracts. See individual demand-response trips.
M. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officers’ salaries, accounting department costs, and personnel department costs, which are requisite for general operation of the organization but are not directly allocable to a particular service or product.
N. Individual demand-response trips: Taxi service, door-to-door trips, and van trips that passengers request on demand. Includes actual operation cost and contracts for vehicle operation, scheduling, dispatching, vehicle maintenance, supervision, and fare collection (including ticket or scrip printing and sales) for the purpose of carrying passengers.
O. Maintenance: Repairs, renovation, or upgrade of existing facility, infrastructure, or vehicles.
P. Management: Direct staffing costs and benefits to manage programs, projects, and services.
Q. Meal delivery: Service that includes costs associated with vehicle operation, scheduling, dispatching, vehicle maintenance, and supervision for the purpose of delivering meals, whether provided in-house, through contracts, via taxicab, or by grantees. See Meals on Wheels.
R. Meals on Wheels: Service that is part of a Senior Nutrition Program and provides delivery of meals to seniors and people with disabilities. See meal delivery. 262 of 375
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S. Measure B: Alameda County’s half-cent transportation sales tax, originally approved in 1986, and reauthorized by voters in November 2000. Collection of the sales tax began on April 1, 2002.
Administered by the Alameda CTC, Measure B funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
T. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015. Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions: bicycle and pedestrian, local streets and roads, mass transit, and paratransit.
U. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.
V. Paratransit Advisory and Planning Committee: Originally named by the Measure B Expenditure Plan as the Alameda County Paratransit Coordinating Council, the committee meets to address funding, planning, and coordination issues regarding paratransit services in Alameda County. Members must be an Alameda County resident and an eligible user of any transportation service available to seniors and people with disabilities in Alameda County. PAPCO is supported by a Technical Advisory Committee comprised of Measure B and Measure BB-funded paratransit providers in Alameda County.
W. Paratransit service: Transportation services for seniors and people with disabilities including ADAmandated or non-mandated shuttle or fixed-route services, including door-to-door services, group trips, and individual demand-response trip services; taxi programs; Meals on Wheels or meal delivery; volunteer driver programs; and purchase of EBP tickets.
X. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.
Y. Project completion/closeout: Inspection/project acceptance, final invoicing, final reporting, and the processes for closing out a project.
Z. Scoping and project feasibility: Early capital project phases that identify project needs, costs, and implementation feasibility.
AA. Shuttle or fixed-route trips: Shuttle service or fixed-route bus service, for example. Includes vehicle operation and contracts. See individual demand-response trips.
Section 5. Paratransit Fund Allocations
A. These Implementation Guidelines provide guidance on the Paratransit Fund allocation process for Direct Local Distribution funds and Paratransit Gap Grant Program funds.
1. Paratransit Direct Local Distribution Funds
a. General: Alameda CTC distributes Paratransit Direct Local Distribution (DLD) Funds to fixed-route public transit operators that are required to provide transportation services mandated by the ADA; and to cities in Alameda County and the County to provide non-mandated services, aimed at improving mobility for seniors and persons with disabilities.
1) A portion of the funds as defined in the Master Programs Funding Agreement are local DLD funds distributed to Alameda County cities to provide non-mandated transportation services for seniors and people with disabilities allocated to each city operating paratransit service through a 263 of 375
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census-based funding formula that is developed by PAPCO and approved by the Alameda CTC Commission.
2) A portion of the funds as defined in the Master Programs Funding Agreement are DLD funds distributed to Alameda County’s primary mandated ADA service provider, East Bay Paratransit Consortium. b. Eligible Uses: Paratransit DLD funds may be used for capital projects, programs, maintenance, or operations that directly improve paratransit services. Eligible uses for these funds include services as defined in Attachment A, as well as, but not limited to:
1) Direct staff and consultant costs to develop, plan, implement, manage, operate and maintain paratransit projects and programs
2) Direct staff and consultant costs to provide customer service and outreach for paratransit projects and programs
3) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
4) Direct staff training costs directly related to implementation of projects or programs implemented with the Paratransit Funds
c. Ineligible Uses: The following is a list of ineligible uses of Paratransit DLD funds:
1) Non-transportation projects or services such as fees charged to capital construction projects for services or amenities not related to transportation 2) Capital projects, programs, maintenance, or operations that do not directly improve paratransit services
3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.
2. Paratransit Discretionary Grant Program Funds
a. The Measure BB Expenditure Plan dedicates 1.0 percent of the funds for paratransit coordination and services to meet the needs of seniors and people with disabilities.
Alameda CTC will administer a Measure BB Paratransit discretionary grant program. b. The Alameda CTC adopt Grant Program Guidelines through its programming and allocation processes.to guide the grant allocations.
c. Gap funds provide Alameda County with the opportunity to be innovative and explore alternative service delivery mechanisms in the face of a senior and disability population expected to grow substantially over the next 30 years. The population of people likely to need paratransit service is expected to outpace the growth in sales tax revenues that fund paratransit programs in Alameda County, including city-based programs and ADA-mandated services.
d. Gap funds provide an opportunity to minimize the differences in service experienced by consumers based on their geographic location.
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Section 6. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.
Section 7. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through the Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC Commission. 265 of 375
FY2026-27 FINAL
Implementation Guidelines and Performance Measures – Special Transportation for Seniors and People with Disabilities (Paratransit) Program
Implementation Guidelines
These guidelines lay out the service types that are eligible to be funded with Alameda County Measure B (2000) reserves and Measure BB (2014) revenues under the Special Transportation for Seniors and People with Disabilities (Paratransit) Program. All programs funded partially or in their entirety through these sources, including American with Disabilities Act (ADA)- mandated paratransit services, city programs and discretionary grant funded projects, must abide by the following requirements for each type of paratransit service. While the collection of Measure B has sunset, remaining funds continue to be utilized.
Fund recipients are able to select which of these service types are most appropriate for their community to meet the needs of older adults and people with disabilities. Overall, all programs should be designed to enhance quality of life for older adults and people with disabilities by offering accessible, affordable and convenient transportation options to reach major medical facilities, grocery stores and other important travel destinations to meet life needs. Although some programs may need to prioritize based on trip purpose due to capacity constraints, ideally, the importance of a trip should be determined by the consumer.
Performance Measures
The Alameda CTC collects performance data from all programs funded with Alameda County Measure B (2000) reserves and Measure BB (2014) revenues. All programs funded partially or in their entirety through these sources must at a minimum report annually through the Annual Compliance Report for Direct Local Distribution (DLD) funding on the performance measures identified within the Implementation Guidelines for each DLD program.
The performance measures for the Measure B and Measure BB Direct Local Distribution (DLD) funding distributed through the Special Transportation for Seniors and People with Disabilities (Paratransit) Program, which funds ADA-mandated paratransit services, city paratransit programs and discretionary grant funded projects, are identified below. 266 of 375
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Performance data required for Compliance Reports are marked with a ✥. Additional performance-related data is listed and may be required through:
• Separate discretionary grant guidelines
• Report to the Alameda CTC’s Commission
• Report to one of its community advisory committees.
Additional performance measures include but are not limited to those below marked with a regular bullet.
ADA Paratransit Guidelines
Service
Description
Origin-to-destination trips for people with disabilities unable to ride fixed route transit. Trips are pre-scheduled and accessible.
Eligible
Population
Due to a disability or health-related condition, the individual must be unable to use fixed route transit.
Time & Days of
Service
Varies by area. Available when and where fixed route transit operates.
Fare (Cost to
Customer)
Varies by area.
Other Programs mandated by the Americans with Disabilities Act are implemented and administered according to federal guidelines that supersede these guidelines; however, all ADA-mandated programs funded through Measures B and BB are subject to the terms of the Master Programs Funding Agreement.
Historically, at the request of a health care provider or ADA provider, city programs would provide interim service through their programs to consumers awaiting ADA certification. Currently, the ADA programs meet these needs directly.
Performance
Measures
(✥ Performance
data required for
Number of one-way trips provided
Total Measure B/BB cost per one-way trip (Total Measure B/BB program cost during period divided by the number of one-way trips provided during period.)
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Compliance
Reports)
• Total program cost per one-way trip (total program cost during period divided by the number of one-way trips provided during period).
• Non-Measure B/BB revenues and costs
• Number of applicants and registrants
• Demographic data on age, disability, ethnicity/race, and income • On-time performance
• Number of trips provided to consumers who require an accessible vehicle
• Quantitative and qualitative information on complaints • Quantitative and qualitative information on safety incidents • Quantitative and qualitative information on outreach
• Quantitative and qualitative information on “high need” trips • Quantitative and qualitative information on ridership satisfaction Same-Day Transportation Service Guidelines
Service
Description
Same-day transportation services provide on-demand same-day services utilizing taxis, Transportation Network Companies a.k.a. TNCs (e.g. Lyft, Uber) that use ride-hailing mobile apps, or other new transportation options. Services may be subsidized in different ways including vouchers, scrip, reimbursement, a discount code on an app, call center or website payment, etc.
Transportation Network Companies (e.g. Lyft, Uber) using ride-hailing apps and web-based platforms provide curb-to-curb service that can be scheduled on a same-day basis. TNCs charge riders on a distance/time basis depending on calculations determined by the app. Subsidy programs allow eligible consumers to use TNCs at a reduced fare by reimbursing consumers a percentage of the fare, providing a coupon code, or by providing some initial fare payment, which can be used to cover a portion of the fare. These programs are intended for situations 268 of 375
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when consumers cannot make their trip on a pre-scheduled basis. TNC trip services can incorporate a concierge service.
Taxis also provide curb-to-curb service that can be scheduled on a same-day basis. Taxis charge riders on a distance/time basis using a meter. Taxi subsidy programs offer a reduced fare by reimbursing consumers a percentage of the fare or by providing some fare medium, e.g. scrip or vouchers, which can be used to cover a portion of the fare.
The availability of accessible vehicles varies by geographical area and provider, but programs should expand availability of accessible vehicles where possible in order to fulfill requests for same-day accessible trips.
Programs may incorporate a parallel Specialized Accessible Van Service to meet the need for accessible trips.
Eligible
Population
Eligible Populations include:
1. People 18 and above with disabilities who are unable to use fixed route services. Cities may, at their discretion, also provide services to consumers with disabilities under the age of 18, and
2. Older adults 70 years or older without proof of a disability.
Program sponsors may use either ADA eligibility, as established by ADA-mandated providers (incl. East Bay Paratransit, LAVTA, Union City Transit) or the Alameda County City Paratransit Services Medical Statement Form, as proof of disability. Program sponsors may, at their discretion, also offer temporary or interim eligibility due to disability.
ADA-mandated providers that are not also city providers (East Bay Paratransit and LAVTA) are not required to provide service to older adults 70 years or older without ADA eligibility.
Time & Days of
Service
Service times should be consistent with transportation provider availability to public consumers.
Fare (Cost to
Customer)
Programs must subsidize at least 50% of the fare within an established reasonable service area (at a minimum the sponsoring city).
Programs can impose a cap on total subsidy per person. This can be accomplished through a maximum subsidy per trip, a limit on the 269 of 375
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number of vouchers/scrip (or other fare medium) per person, and/or a total monetary subsidy per person per month/quarter/year.
Other New same-day transportation programs that utilize TNCs are subject to review by Alameda CTC staff prior to implementation.
Programs may also use funding to provide incentives to drivers and/or transportation providers to ensure reliable service. Incentives are often utilized to promote accessible service. Planned expenditures on incentives are subject to review by Alameda CTC staff prior to implementation.
Generally, same-day transportation options have been inconsistent in their ability to offer WAV (Wheelchair Accessible Vehicle) service.
These include taxis and programs offered via privately-owned vehicles (e.g. TNCs and volunteer driver programs). Programs should strive to provide an equitable suite of programs, balancing offering accessible alternatives (e.g. using an agency van to supplement a TNC program), searching for and developing new wheelchair accessible options, and meeting the needs of their community. New and/or separate WAV services should be included under Specialized Accessible Van Service.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Number of one-way trips provided on taxis
Number of one-way trips provided on Transportation Network Companies (e.g. Lyft, Uber) using ride-hailing apps
Total Measure B/BB cost per one-way trip (Total Measure B/BB program cost during period divided by the number of one-way trips provided during period.)
• Total program cost per one-way trip, including extra concierge costs if applicable (total program cost during period divided by the number of one-way trips provided during period)
• Non-Measure B/BB revenues and costs
• Number of applicants (including number of those on the waitlist) and registrants (report quantities for taxis and/or Transportation Network Companies separately)
• Demographic data on age, disability, ethnicity/race, and income 270 of 375
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• Information in aggregate on origin and destination for same day trips by category (i.e. medical appointments, grocery store, senior center, etc.; report quantities for taxis and/or Transportation Network Companies separately)
• Quantitative and qualitative information on complaints (report quantities for taxis and/or Transportation Network Companies separately)
• Quantitative and qualitative information on safety incidents (report quantities for taxis and/or Transportation Network Companies separately)
• Quantitative and qualitative information on outreach
• Quantitative and qualitative information on ridership satisfaction • Qualitative information on program’s capacity to serve demand (e.g. status of waitlist)
Specialized Accessible Van Service Guidelines
Service
Description
Specialized accessible van service provides accessible, origin-todestination trips on a pre-scheduled or same-day basis. This service category should complement core services in communities where critical needs for accessible or other specialized trips are not being adequately met by the existing primary services. Examples of unmet needs are a taxi or TNC program without accessible vehicles, medical trips for riders with dementia unable to safely take an ADA-mandated trip, or trips outside of the ADA-mandated service area. When possible, a priority for this service should be fulfilling requests for WAV (Wheelchair Accessible Vehicle) trips as defined under the CPUC TNC Access for All (AFA)1 Program Funding.
Services may be subsidized in different ways as agreed upon by the program sponsor and transportation provider, including vouchers, scrip, 1 TNC Access for All Program https://www.cpuc.ca.gov/tncaccess/ 271 of 375
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reimbursement, a discount code on an app, call center or website payment, etc.
Eligible
Population
People 18 and above who are unable to use fixed route, ADA-mandated or same-day transportation services due to disability. Cities may, at their discretion, also provide services to consumers with disabilities under the age of 18.
Program sponsors may use either ADA eligibility, as established by ADAmandated providers (incl. East Bay Paratransit, LAVTA, Union City Transit) or the Alameda County City-Based Paratransit Services Medical Statement Form, as proof of disability. Program sponsors may, at their discretion, also offer temporary or interim eligibility due to disability.
ADA-mandated providers that are not also city providers (East Bay Paratransit and LAVTA) are not required to provide service to older adults 70 years or older without ADA eligibility.
Time & Days of
Service
At discretion of program sponsor with local consumer input. When possible, service should be available Monday – Friday between the hours of 8 a.m. and 5 p.m. (excluding holidays) and accept reservations between the hours of 9 a.m. and 5 p.m. Monday – Friday (excluding holidays).
Fare (Cost to
Customer)
Fares for pre-scheduled service should not exceed comparable same-day transportation services fares.
Other Specialized Accessible van programs must demonstrate that they are providing trips at an equal or lower cost to the provider than the ADAmandated provider on a cost per trip basis, except if providing service beyond ADA paratransit minimums (e.g. WAV). Cost per trip is defined as total transportation cost (from all sources of revenue) during a reporting period divided by the number of one-way trips, including attendant and companion trips, provided during the period.
Performance
Measures
(✥ Performance
data required for
Number of one-way trips provided
Total Measure B/BB cost per one-way trip (Total Measure B/BB program cost during period divided by the number of one-way trips provided during period.)
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Compliance
Reports)
• Total program cost per one-way trip, including extra costs for specialized service if applicable (total program cost during period divided by the number of one-way trips provided during period).
• Non-Measure B/BB revenues and costs
• Number of applicants (including number of those on the waitlist) and registrants
• Demographic data on age, disability, ethnicity/race, and income • On-time performance
• Number of trips provided to consumers who require an accessible vehicle
• Data required for CPUC TNC Access for All (AFA) Program funding2 • Quantitative and qualitative information on complaints • Quantitative and qualitative information on safety incidents • Quantitative and qualitative information on outreach
• Quantitative and qualitative information on ridership satisfaction • Qualitative information on program’s capacity to serve demand (e.g. status of waitlist)
Accessible Shuttle Service Guidelines
Service
Description
Shuttles are accessible vehicles that operate on a fixed, deviated, or flex-fixed route and schedule. They serve common trip origins and destinations visited by eligible consumers, e.g. senior centers, medical facilities, grocery stores, BART and other transit centers, community centers, commercial districts, and post offices.
Shuttles should be designed to supplement rather than duplicate existing fixed route transit services. Routes should not necessarily be designed for fast travel, but to get as close as possible to destinations of interest, such as going into parking lots or up to the front entrance of 2 Access Provider Information https://www.cpuc.ca.gov/regulatory-services/licensing/transportationlicensing-and-analysis-branch/transportation-network-companies/tnc-access-for-all-program/tnc--- access-for-all-program-access-provider
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a senior living facility. Shuttles are often designed to serve active older adults who do not drive but are not ADA paratransit registrants.
Eligible
Population
Shuttles should be designed to appeal to older adults but can be made open to the general public.
Time and Days
of Service
At discretion of program sponsor with local consumer input.
Fare (Cost to
Customer)
At discretion of program sponsor but cannot exceed local ADA paratransit fares. Fares may be scaled based on distance.
Cost of Service By end of the second fiscal year of service, the City’s cost per one-way trip per person should not exceed $50, including transportation and direct administrative costs. Cost per trip is defined as total cost (all sources) during a reporting period divided by the number of one-way trips, including attendant and companion trips, provided during period.
Other Shuttle sponsors are required to coordinate with the local fixed route transit provider.
Shuttle routes and schedules should be designed with input from the older adult and disabled communities to ensure effective design. For new shuttle services, to ensure effective program design, a well-defined plan must be submitted to Alameda CTC staff for review prior to implementation.
Deviations and flag stops are permitted at discretion of program sponsor.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Total ridership (One-way passenger boardings)
Total Measure B/BB cost per one-way passenger trip (Total Measure B/BB program cost during period divided by the total ridership during period.)
• Total program cost per one-way passenger trip (total program cost during period divided by the total ridership during period). • Non-Measure B/BB revenues and costs
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• Number of applicants (including number of those on the waitlist) and registrants
• Demographic data on age, disability, ethnicity/race, and income • On-time performance
• Number of trips provided to consumers who require an accessible vehicle
• Quantitative and qualitative information on complaints • Quantitative and qualitative information on safety incidents • Quantitative and qualitative information on outreach
• Quantitative and qualitative information on ridership satisfaction • Qualitative information on program’s capacity to serve demand (e.g. status of waitlist)
Group Trips Service Guidelines
Service
Description
Group trips are round-trip rides for pre-scheduled outings, including shopping trips, recreational events, and community activities. These trips are specifically designed to serve the needs of older adults and people with disabilities and typically originate from a senior center or housing facility, and are generally provided in accessible buses or vans.
Eligible
Population
At discretion of program sponsor.
Time and Days
of Service
Group trips must begin and end on the same day.
Fare (Cost to
Customer)
At discretion of program sponsor.
Other Programs can impose mileage or quantity of trips limitations to individuals or organizations to control program costs.
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Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Number of one-way passenger trips provided
Total Measure B/BB cost per passenger trip (Total Measure B/BB program cost during period divided by the number of passenger trips provided during period.)
• Total program cost per passenger trip (total program cost during period divided by the number of passenger trips provided during period).
• Non-Measure B/BB revenues and costs
• Number of requests (including any unfulfilled requests) • Demographic data on age, disability, ethnicity/race, and income • Number of trips provided to consumers who require a wheelchair accessible trip
• Quantitative and qualitative information on complaints • Quantitative and qualitative information on safety incidents • Quantitative and qualitative information on outreach
• Quantitative and qualitative information on ridership satisfaction • Qualitative information on program’s capacity to serve demand (e.g. status of waitlist)
Door-through-Door/Volunteer Driver Service Guidelines
Service
Description
Volunteer driver services are pre-scheduled, door-through-door services that are typically not accessible. These programs rely on volunteers to drive eligible consumers for critical trip needs, such as medical trips. Programs may use staff to complete intake or fill gaps in service provision. This service meets a key mobility gap by serving more vulnerable populations and should complement existing primary services (i.e. ADA-mandated, Specialized Accessible Van, or SameDay).
Volunteer driver programs may also have an escort component where volunteers accompany consumers on any service eligible for Alameda CTC funding, when they are unable to travel in a private vehicle. 276 of 375
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Eligible
Population
At discretion of program sponsor.
Time and Days
of Service
At discretion of program sponsor.
Fare (Cost to
Customer)
At discretion of program sponsor.
Other Program sponsors can use funds for administrative purposes and/or to pay for volunteer mileage reimbursement purposes (not to exceed Federal General Services Administration (Privately Owned Vehicle) Mileage Reimbursement Rates) or an equivalent financial incentive for volunteers.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Number of one-way trips provided
Total Measure B/BB cost per one-way trip (Total Measure B/BB program cost during period divided by the number of one-way trips provided during period.)
• Total program cost per one-way trip (total program cost during period divided by the number of one-way trips provided during period).
• Non-Measure B/BB revenues and costs
• Number of applicants (including number of those on the waitlist) and registrants
• Demographic data on age, disability, ethnicity/race, and income • Quantitative and qualitative information on complaints • Quantitative and qualitative information on safety incidents • Quantitative and qualitative information on outreach
• Number of active volunteer drivers
• Number of one-way trips provided by staff
• Percentage of service requests unfulfilled when requested within specified time
• Quantitative and qualitative information on ridership satisfaction 277 of 375
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• Qualitative information on program’s capacity to serve demand (e.g. status of waitlist)
Mobility Management and/or Travel Training Program Guidelines Service
Description
Mobility management services cover a wide range of activities, such as travel training, coordinated services, trip planning, and brokerage. Mobility management activities often include education and outreach to individuals and organizations. Individual trip planning can play an important role in ensuring that people use the “best” service for them for each trip, e.g. using East Bay Paratransit from Fremont to Berkeley for an event, using a TNC (e.g. Lyft, Uber) or taxi voucher for a same-day urgent doctor visit, and scheduling with a group trip service to go grocery shopping. Service types can include information and referral, service linkage, service coordination, or advocacy.
Travel training is short-term, one-on-one or group-based intensive instruction designed to teach people with disabilities and older adults to travel safely and independently on fixed-route public transportation in their community.3
Travel orientation, also known as transit orientation, is less formal and involved than traditional travel training and explains transportation systems by sharing information about trip planning, schedules, maps, fare systems, mobility devices, new mobility services, and benefits and services. It may be conducted in a group or one-on-one.4 This service description should not be considered all-inclusive. Programs are welcome to contact Alameda CTC staff to discuss other mobility management activities if they need guidance.
Eligible
Population
At discretion of program sponsor.
3 Easter Seals Project ACTION http://www.projectaction.com/glossary-of-disability-and-transit-terms/ 4 Easter Seals Project ACTION https://www.nadtc.org/wp-content/uploads/Module-4-NADTC-linkversion.pdf 278 of 375
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Mobility Management and/or Travel Training Program Guidelines Time and Days
of Service
At discretion of program sponsor.
Fare (Cost to
Customer)
N/A
Other For new mobility management and/or travel training programs, to ensure effective program design, a plan with a well-defined set of activities must be submitted to Alameda CTC staff for review prior to implementation.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Mobility Management Program
Number of individuals provided with mobility management support (Note: an individual may have multiple contacts)
Number of contacts providing mobility management support Total Measure B/BB cost per individual provided with mobility management support (Total Measure B/BB program cost during period divided by the number of individuals provided with support during period.)
• Total cost per individual provided with mobility management support (total program cost during period divided by the number of individuals provided with support during period).
• Demographic data on age, disability, ethnicity/race, and income of individuals
• Non-Measure B/BB revenues and costs
• Quantitative and qualitative information on outreach
• Quantitative and qualitative information on program satisfaction Travel Training Program
Number of individuals trained and/or received travel orientation (divided by those in individual training and those participating in group trainings)
Total Measure B/BB cost per individual trained in individual trainings and in group trainings (Total Measure B/BB program cost during period divided by the number of individuals trained during period) 279 of 375
FY2026-27 FINAL 15
Mobility Management and/or Travel Training Program Guidelines • Total program cost per individual trained in individual trainings and in group trainings (total program cost during period divided by the number individuals trained during period)
• Number of requests for training unfulfilled
• Demographic data on age, disability, ethnicity/race, and income of individuals
• Non-Measure B/BB revenues and costs
• Number of individuals trained (divided by those receiving travel orientation, mobility device training, older adults, adults with disabilities, youth with disabilities, and/or people with visual impairments)
• Quantitative and qualitative information on outreach
• Percentage/number of people surveyed who used transit post workshop
• Quantitative and qualitative information on program satisfaction • Qualitative information on program’s capacity to serve demand (e.g. status of waitlist)
Means-Based Fare Program Guidelines
Service
Description
Means-Based Fare Programs can subsidize any service eligible for paratransit funding and/or fixed-route transit for paratransit customers who are low-income and can demonstrate financial need.
Eligible
Population
Subsidies can be offered to low-income consumers with demonstrated financial need who are currently eligible for an Alameda County ADAmandated or city paratransit program.
Low income requirements are at discretion of program sponsors, but the requirement for household income should not be below the HUD Very Low-Income threshold for Alameda County.5
5 Alameda County Housing and Community Development Department https://www.acgov.org/cda/hcd/hudincome-rent_limits.htm 280 of 375
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Time and Days
of Service
N/A
Fare (Cost to
Customer)
N/A
Other Outreach/communication plans related to means-based fares must be submitted to Alameda CTC staff annually.
Low-income requirements and the means to determine and verify eligibility must be submitted to Alameda CTC staff for review prior to implementation.
If program sponsors include subsidized ADA-mandated paratransit tickets in this program, no more than 3% of a program sponsor’s Alameda CTC distributed funding may be used for the ticket subsidy. Other services or purposes proposed for means-based fare subsidy must be submitted to Alameda CTC staff for review prior to implementation.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Number of unduplicated individuals who received
scholarship/subsidized fares
Number of one-way fares/tickets subsidized
Total Measure B/BB cost per subsidy (Total Measure B/BB program cost during period divided by the number of subsidized fares/tickets during period)
• Total program cost per subsidy (total program cost during period divided by the number of subsidized fares/tickets during period) • Demographic data on age, disability, ethnicity/race, and income of individuals
• Non-Measure B/BB revenues and costs
• Quantitative and qualitative information on complaints • Quantitative and qualitative information on outreach
• Quantitative and qualitative information on program satisfaction 281 of 375
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Meal Delivery Program Guidelines
Service
Description
Meal Delivery programs traditionally support delivery of meals to the homes of individuals who have difficulty traveling to congregate meal sites and/or have difficulty shopping for food or preparing meals for themselves.
Meal delivery program eligibility under Measures B and BB is limited to transportation-related meal delivery program costs for traditional meal delivery services provided by a local community-based organization.
Allowable expenses also include direct mileage reimbursement for volunteer drivers providing meal delivery.
Eligible
Population
At discretion of program sponsor.
Time and Days
of Service
At discretion of program sponsor.
Fare (Cost to
Customer)
At discretion of program sponsor.
Other Program sponsors may not use more than 5% of their Alameda CTC DLD Paratransit program funds expended in a given fiscal year for transportation-related meal delivery program costs. Additionally, Meal Delivery Programs (including Capital Expenditures) may not account for more than 5% of the total funding made available for a Paratransit Discretionary Grant Program Call.
Funding for traditional meal delivery provided by a local community-based organization must be limited to no more than $3 per meal delivered.
If programs are directly reimbursing volunteer drivers for meal delivery services, DLD program funds used for mileage reimbursement must be limited to no more than $8 per meal delivered (not to exceed Federal General Services Administration (Privately Owned Vehicle) Mileage Reimbursement Rates).
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Meal Delivery Program Guidelines
For new meal delivery programs, to ensure effective program design, a well-defined plan must be submitted to Alameda CTC staff for review prior to implementation.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Number of meal delivery trips
Total Measure B/BB cost per meal delivery trip (Total Measure B/BB program cost during period divided by the number of meal delivery trips during period)
• Total number of individuals served
• Total cost per meal delivery trip (total program cost during period divided by the number of meal delivery trips during period) • Non-Measure B/BB revenues and costs
• Demographic data on age, disability, ethnicity/race, and income in aggregate
• Quantitative and qualitative information on transportation program satisfaction
Capital Expenditures Guidelines
Description Capital expenditures are eligible if directly related to the implementation of a program or project within an eligible service category, including but not limited to, purchase of scheduling software, accessible vehicles and equipment, and accessibility improvements at shuttle stops.
Eligible
Population
N/A
Time and Days
of Service
N/A
Fare (Cost to
Customer)
N/A
Other Capital expenditures are to support the eligible service types included in the Implementation Guidelines and must be consistent with objectives of 283 of 375
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Capital Expenditures Guidelines
the Alameda CTC Special Transportation for Seniors and Peoples with Disabilities (Paratransit) Program.
Meal Delivery Programs may not account for more than 5% of the total funding made available for a Paratransit Discretionary Grant Program Call for vehicles.
If programs are purchasing passenger vehicles, they should be accessible. Planned expenditures are subject to review by Alameda CTC staff prior to implementation.
Performance
Measures
(✥ Performance
data required for
Compliance
Reports)
Total Measure B/BB cost
• Non-Measure B/BB revenues and costs
• Photograph of new vehicle (where applicable)
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City Council Staff Report Page 1 of 4 May 12, 2026
Staff Report
Agenda Item No. 5.1
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Waive Full Reading and Introduce by Title Only an Ordinance of the City of Union City Adding Chapter 2.64 to Title 2 of the Union City Municipal Code Restricting the Use of City-Owned or City-Controlled Property for Federal Civil Immigration Enforcement Activities
EXECUTIVE SUMMARY
The Legislation and Policy Committee (the “Committee”), at its meeting on April 20, 2026, considered potential options related to the restriction of City property for civil immigration enforcement activities. The presentation followed the Committee's request to staff to return with potential options for consideration. Following the staff presentation, the Committee directed the City Attorney’s Office to prepare an ordinance prohibiting the use of City-owned and controlled facilities and property by civil immigration enforcement for City Council review and consideration. Staff recommends that the City Council consider the proposed ordinance and, should it wish to proceed, waive full reading and introduce the proposed ordinance by title only.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the Strategic Plan.
BACKGROUND
Over the past year, there has been growing concern about immigration enforcement activities in the Bay Area. In response to potential local impacts from national immigration enforcement activities, the Committee requested that staff present potential options to limit civil immigration enforcement activities on City property.
Staff presented the Committee with information regarding approaches taken by three other jurisdictions to address the use of local agency property for civil immigration purposes.
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Below is a summary of approaches taken by other agencies that were presented to the Committee:
City of Pinole
On December 16, 2025, the Pinole City Council adopted an ordinance prohibiting the voluntary use of City-owned or City-controlled property for civil immigration enforcement staging, processing, surveillance, or operational purposes unless required by a valid judicial warrant or court order. Additionally, the ordinance prohibits the use of City property for temporarily detaining individuals for civil immigration purposes.
The ordinance does not define staging or processing, but defines “surveillance” as “observing, recording, monitoring, or collecting information about individuals for civil immigration enforcement purposes.” The ordinance does not restrict federal agents from entering areas open to the general public and preserves the City’s obligation to comply with all lawful court orders. For example, the ordinance would not prohibit federal agents from congregating on City property that is generally available to the public. A copy of the ordinance is attached.
County of Alameda
On January 29, 2026, the Alameda County Board of Supervisors adopted a resolution prohibiting county-owned and controlled properties from being used for staging, processing, or operations of civil immigration enforcement. “Staging area” is defined as “an area used to assemble, mobilize, and deploy vehicles … for the purpose of carrying out civil immigration enforcement operations.”
A “processing location” is defined as an area to identify and detain individuals for civil immigration enforcement, and an “operation base” is defined as an area used to plan or coordinate civil immigration enforcement operations. A copy of the resolution is attached.
City of South San Francisco
On February 4, 2026, the South San Francisco City Council adopted a resolution outlining that the city is committed to diversity and inclusion; expressing concern over recent Federal immigration enforcement actions and their impact on civil liberties; calling for accountability, transparency, and respect for due process; and clarifying existing laws and policies and the City’s response to immigration enforcement actions that do not comply with those laws and policies.
The resolution does not establish a new policy specific to civil immigration enforcement.
Instead, it addresses concerns with the current federal immigration enforcement efforts, identifies the City’s existing policies that would prohibit the use of City property for civil immigration efforts, and confirms how the City would respond to a violation. A copy of the resolution is attached.
At the April 20 Committee meeting, the Committee sought information on whether an ordinance or resolution would affect the City’s ability to pursue civil legal recourse against an agency occupying non-public spaces within the City. Staff clarified that the City could 286 of 375
Agenda Item No. 5.1
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pursue existing remedies to generally prevent a non-City entity from occupying areas not generally open to the public or otherwise accessible to the public in the same manner.
Staff explained that neither an ordinance nor a resolution was legally required, as the City Manager already had existing authority and direction from the Council to limit access to non-public areas of City facilities for civil immigration purposes, as further explained below in the discussion section. Finally, staff explained that any violation would be addressed through civil action, if necessary, and that there would be no involvement from the Police Department, as the matter would not be criminal in nature. After receiving the information, the Committee directed staff to prepare an ordinance prohibiting the use of City-owned and controlled facilities and properties for civil immigration enforcement for full Council consideration.
DISCUSSION
Although the City has a limited role in enforcing federal law, the ordinances, resolutions, and policies adopted or under consideration by other local jurisdictions have identified several areas where the City already enforces existing laws and policies. The proposed ordinance reiterates the City Council's direction to the City Manager regarding how the City would respond if an agency attempted to conduct civil immigration enforcement activity on non-public City property.
The City generally exercises complete control over the use of its property. Union City Municipal Code Section 2.08.190 authorizes the City Manager to exercise “general supervision over all public buildings, public parks, and all other public property which are under control and jurisdiction of the City Council.” Absent approval from the City Manager or her delegate, the use of City property is prohibited if it is not expressly allowed or otherwise required to be permitted by law. This includes the use of non-public City property for civil immigration purposes.
Additionally, in 2017, the City Council adopted Resolution 5069-17 declaring Union City a “Compassionate City.” The Resolution expresses the City's commitment to a community free from prejudice, bigotry, and hate, and prohibits the City from engaging in activities solely to enforce federal immigration law. Thus, Resolution 5069-17 would prohibit the City Manager from using her authority under Union City Municipal Code Section 2.08.190 to make non-public City property available for civil immigration enforcement.
The proposed ordinance establishes Chapter 2.64, “Use of City-owned or City-controlled property for Civil Immigration Enforcement Activities,” of the Union City Municipal Code, which prohibits City-owned and controlled facilities and properties from being used for staging, processing, or operations related to civil immigration enforcement. “Staging area” is defined as “an area used to assemble, mobilize, and deploy vehicles for the purpose of carrying out civil immigration enforcement operations,” “processing location” is defined as “an area to identify and detain individuals for civil immigration enforcement,” and an “operation base” is defined as “an area used to plan or coordinate civil immigration enforcement operations.” The ordinance does not restrict such operations on City property when a valid warrant or judicial order is issued. 287 of 375
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City Council Staff Report Page 4 of 4 May 12, 2026
The proposed ordinance, consistent with the law, does not prevent federal officers from entering areas generally open to the public. Additionally, the proposed ordinance does not create or impose liability on the City or any City department, agency, official, or employee, nor does it create a private right of action against the City or any City personnel.
If the ordinance is adopted and City officials are made aware of federal agents taking part in civil immigration enforcement activities at a City-owned or controlled property and facility in violation of the ordinance, the City Attorney’s Office would seek legal action, such as an injunction, to address the prohibited activities.
FISCAL IMPACT
There is no direct fiscal impact associated with adopting the proposed ordinance.
RECOMMENDATION
Staff recommends that the City Council consider the proposed ordinance and, should it wish to proceed, waive full reading and introduce the proposed ordinance by title only.
Prepared by: Juliet Vaughn, Associate
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments
1. Draft Ordinance
2. Union City Compassionate City Resolution No. 5069-17
3. Pinole Ordinance
4. Alameda County Resolution
5. South San Francisco Resolution
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ORDINANCE NO. 2026-XXX
AN ORDINANCE OF THE CITY OF UNION CITY ADDING CHAPTER 2.64 TO TITLE 2 OF THE UNION CITY MUNICIPAL CODE RESTRICTING THE
USE OF CITY-OWNED OR CITY-CONTROLLED PROPERTY FOR
FEDERAL CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES
WHEREAS, the City of Union City is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population; and WHEREAS, the City of Union City (“City”) is a welcoming, inclusive city that will protect the rights and privileges of everyone in Union City, regardless of immigration status, as stated in Resolution 5096-17 (the “Compassionate City Resolution”), which proclaims the City of Union City as a Compassionate City and prohibits the City from engaging in activities solely for the purpose of enforcing federal immigration law; and WHEREAS, immigrants are valuable and essential members of the City of Union City community who contribute to the City’s economic, civic, and cultural vitality; and WHEREAS, a strong and trusting relationship between the City’s immigrant communities and the City of Union City, including its departments, programs, and personnel, is essential to the public safety and well-being of all residents; and WHEREAS, this trust is undermined when state and local agencies become entangled with federal civil immigration enforcement, causing immigrant community members to fear reporting crimes, seeking health services, accessing City facilities, or engaging in civic life, which detracts from the safety and welfare of the entire community; and
WHEREAS, the federal government has undertaken broad civil immigration enforcement operations involving personnel from multiple federal agencies in ways that have generated concern among residents; and
WHEREAS, federal immigration enforcement activities can escalate fear and pose an immediate chilling effect on cities; and
WHEREAS, state and local governments bear primary responsibility for ensuring the safety and well-being of their communities and possess the discretion and authority to adopt policies best suited to those communities; and WHEREAS, the City of Union City believes that public safety is best achieved through trust and collaboration between residents and their local government, not through the militarization or deputization of local resources in service of federal civil immigration enforcement; and
WHEREAS, Section 2.08.190 of the Union City Municipal Code provides that the City Manager shall “exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council”; and
WHEREAS, it is the existing practice and policy of the City to oversee City property and facilities and to investigate any unauthorized use of the same; and 289 of 375
Ordinance No. 2026-XXX
Immigration Enforcement Property Use Ordinance
WHEREAS, the Compassionate City Resolution prohibits the City from engaging in activities solely for the purpose of enforcing federal immigration law; and WHEREAS, the City Manager is prohibited by the Compassionate City Resolution from exercising her authority under Union City Municipal Code Section 2.08.190 from allowing City buildings, public parks, and all other property for the enforcement of federal immigration law; and
WHEREAS, the City seeks to implement an ordinance to reiterate the principles outlined in the Compassionate City Resolution and Union City Municipal Code Section
2.08.190, protect public safety, ensure community members feel safe accessing City services and facilities, and prevent the use of City resources to support federal civil immigration enforcement.
NOW, THEREFORE, the City Council of the City of Union City ordains as follows:
Section 1. Recitals.
The above recitals are true and correct and made a part of this ordinance.
Section 2. Amendment to Municipal Code.
Title 2 of the Union City Municipal Code is amended to add Chapter 2.64, to read as follows:
Chapter 2.64- Use of City-Owned and City-Controlled Property for Civil Immigration Enforcement Activities
2.64.010 Purpose
The purpose of this Chapter is to protect public safety, promote community trust, and ensure that non-public City-owned or City-controlled property is not used to support federal civil immigration enforcement activities, except when mandated by a valid judicial warrant or court order.
2.64.020 Definitions
For purposes of this Chapter:
“Civil Immigration Enforcement” means any investigation, detention, arrest, surveillance, monitoring, questioning, information-gathering, or operational activity undertaken for the primary purpose of enforcing federal civil immigration laws. “City Property” or “City-Owned or City-Controlled Property” means any real or personal property, land, building, facility, structure, vehicle, equipment, or space owned, leased, operated, or controlled by the City of Union City.
“Judicial Warrant or Court Order” means a warrant or order issued by a federal or state judge or magistrate based on probable cause and legally sufficient to compel compliance by the City.
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Immigration Enforcement Property Use Ordinance
“Operation Base” means an area used to plan or coordinate civil immigration enforcement operations.
“Processing location” means an area to identify and detain individuals for civil immigration enforcement purposes.
“Staging Area” means an area used to assemble, mobilize, and deploy vehicles for the purpose of carrying out civil immigration enforcement operations. “Surveillance” means observing, recording, monitoring, or collecting information about individuals for civil immigration enforcement purposes, including through cameras, license plate readers, drones, or other technologies.
2.64.030 Prohibited Uses of City Property.
Unless required by a valid judicial warrant or court order, no City-owned or City-controlled property or facility, including parking lots, vacant lots, garages, or nonpublic areas of buildings shall be used for staging areas, processing locations, interviewing, or temporarily detaining individuals for civil immigration purposes; surveillance or monitoring activities related to civil immigration enforcement; or as operations bases, coordination points, or logistical hubs for civil immigration enforcement actions.
2.64.040 Exceptions
Nothing in this Chapter shall prohibit federal officers or employees from entering areas of City property generally open to the public. Nothing in this Chapter prevents the City or any City employee from complying with a valid judicial warrant or court order. Nothing in this Chapter restricts criminal law enforcement activities where civil immigration enforcement is not the primary purpose.
2.64.050 No Private Right of Action
This Chapter does not create or form the basis of liability on the part of the City or any City department, agency, official, or employee, nor does it create a private right of action against the City or any City personnel.
2.64.060 Implementation; Enforcement
This Chapter shall not be criminally enforced and shall be implemented through existing administrative policies and procedures governing City operations and the operation of City-owned and City-controlled property and facilities. The City Manager may establish additional rules or regulations necessary to carry out the provisions of this Chapter, including consultation with the City Attorney to pursue civil action if appropriate.
Section 3. CEQA
Approval of the Municipal Code additions is exempt from environmental review under the California Environmental Quality Act Guidelines, section 15061(b)(3), the general exemption for projects with no potential for significant environmental effect. Because this ordinance solely regulates the governmental use of existing City-owned or City-controlled property and does not authorize or require any physical construction, alteration of 291 of 375
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Immigration Enforcement Property Use Ordinance
facilities, or change in land use, it can be seen with certainty that the ordinance will not result in any direct or reasonably foreseeable indirect physical environmental impacts.
Section 4. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable.
The City Council of the City of Union City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 5. Publication and Effective Date.
Within fifteen (15) days from and after adoption, this ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This ordinance shall take effect thirty (30) days after its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Union City on May 12, 2026, and PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Union City on [DATE], 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
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1 ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE
ADDING CHAPTER 2.68 TO TITLE 2 OF THE PINOLE MUNICIPAL CODE
RESTRICTING THE USE OF CITY-OWNED OR CITY-CONTROLLED PROPERTY FOR
FEDERAL CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES
WHEREAS, the City of Pinole is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population; and
WHEREAS, immigrants are valuable and essential members of the City of Pinole community who contribute to the City’s economic, civic, and cultural vitality; and WHEREAS, a strong and trusting relationship between the City’s immigrant communities and the City of Pinole, including its departments, programs, and personnel, is essential to the public safety and wellbeing of all residents; and WHEREAS, this trust is undermined when state and local agencies become entangled with federal civil immigration enforcement, causing immigrant community members to fear reporting crimes, seeking health services, accessing City facilities, or engaging in civic life, which detracts from the safety and welfare of the entire community; and
WHEREAS, entanglement with federal civil immigration enforcement diverts limited City resources and blurs lines of accountability among local, state, and federal governments; and WHEREAS, the federal government, through U.S. Immigration and Customs Enforcement (ICE), has undertaken broad civil immigration enforcement operations involving personnel from multiple federal agencies in ways that have generated concern among local communities; and WHEREAS, state and local governments bear primary responsibility for ensuring the safety and wellbeing of their communities and possess the discretion and authority to adopt policies best suited to those communities; and
WHEREAS, the City of Pinole believes that public safety is best achieved through trust and collaboration between residents and their local government, not through the militarization or deputization of local resources in service of federal civil immigration enforcement; and WHEREAS, current City policies do not explicitly restrict federal civil immigration enforcement agencies from using City-owned land or facilities for operations, staging, processing, or surveillance, and without such protections, City assets may be inadvertently weaponized against the very communities the City serves, undermining trust in local government; and 296 of 375
2 WHEREAS, the City seeks to implement an “ICE-Free Zone” ordinance to protect public safety, ensure community members feel safe accessing City services and facilities, and prevent voluntary use of City resources to support federal civil immigration enforcement; and WHEREAS, the United States Supreme Court has long recognized that state and local governments retain primary authority over matters affecting the health, safety, and welfare of their residents, and that decisions concerning local public resources are best made by governments closest and most accountable to the people they serve; and
WHEREAS, respect for local police powers is a core principle of American federalism, reflected in the United States Constitution and widely affirmed in judicial precedent; and WHEREAS, California Constitution Article XI, Section 7 grants cities the authority to enact and enforce ordinances that are not in conflict with general state law, including ordinances governing municipal property and local government operations; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, this ordinance constitutes a general policy action that does not have the potential to cause a physical environmental impact and therefore is not a project subject to CEQA; and WHEREAS, the City Council of the City of Pinole is the decision-making body for this ordinance and has reviewed and considered the CEQA determination before taking action to introduce and adopt this ordinance; and
WHEREAS, regulating the use of City-owned or City-controlled property, without regulating the conduct of federal agencies, is a lawful exercise of municipal authority and an appropriate and necessary means of promoting public safety, community trust, and the responsible use of public resources.
THE CITY COUNCIL OF THE CITY OF PINOLE DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. ADDITION OF CHAPTER 2.68 TO TITLE 2 OF THE PINOLE MUNICIPAL CODE Title 2 of the Pinole Municipal Code is amended to add Chapter 2.68, to read as follows:
Chapter 2.68 – Use of City-Owned or City-Controlled Property for Civil Immigration Enforcement Activities
2.68.010 Purpose.
The purpose of this Chapter is to protect public safety, promote community trust, and ensure that Cityowned or City-controlled property is not voluntarily used to support federal civil immigration enforcement activities except when mandated by a valid judicial warrant or court order.
2.68.020 Definitions.
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3 For purposes of this Chapter:
“Civil Immigration Enforcement” means any investigation, detention, arrest, surveillance, monitoring, questioning, information-gathering, or operational activity undertaken for the primary purpose of enforcing federal civil immigration laws, including actions by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). “City Property” or “City-Owned or City-Controlled Property” means any real or personal property, land, building, facility, structure, vehicle, equipment, or space owned, leased, operated, or controlled by the City of Pinole.
“Judicial Warrant or Court Order” means a warrant or order issued by a federal or state judge or magistrate based on probable cause and legally sufficient to compel compliance by the City. “Surveillance” means observing, recording, monitoring, or collecting information about individuals for civil immigration enforcement purposes, including through cameras, license plate readers, drones, or other technologies.
2.68.030 Prohibited Uses of City Property.
Unless required by a valid judicial warrant or court order, no department, employee, official, contractor, or agent of the City shall knowingly permit City-owned or City-controlled property to be used for staging civil immigration enforcement operations; processing, interviewing, or temporarily detaining individuals for civil immigration purposes; surveillance or monitoring activities related to civil immigration enforcement; or as operations bases, coordination points, or logistical hubs for civil immigration enforcement actions.
2.68.040 Exceptions.
Nothing in this Chapter prohibits federal officers or employees from entering areas of City property generally open to the public. Nothing in this Chapter prevents the City or any City employee from complying with a valid judicial warrant or court order. Nothing in this Chapter restricts criminal law enforcement activities where civil immigration enforcement is not the primary purpose.
2.68.050 Implementation.
The City Manager, in consultation with the City Attorney, shall develop administrative procedures to implement this Chapter. City departments shall receive training, as appropriate, regarding the requirements of this Chapter.
2.68.060 Enforcement; No Private Right of Action.
This Chapter does not create or form the basis of liability on the part of the City or any City department, agency, official, or employee, nor does it create a private right of action against the City or any City personnel. This Chapter shall be implemented through existing administrative policies and procedures governing City operations. The City Manager may establish additional rules or regulations necessary to carry out the provisions of this Chapter.
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4 SECTION 3. CEQA.
Approval of the proposed amendments is exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which provides a general rule exemption for projects with no potential for a significant effect on the environment. Because this ordinance solely regulates the governmental use of existing City-owned or City-controlled property and does not authorize or require any physical construction, alteration of facilities, or change in land use, it can be seen with certainty that the ordinance will not result in any direct or reasonably foreseeable indirect physical environmental impacts.
SECTION 4. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Pinole hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. Effective Date.
In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days after its final passage.
SECTION 6. Publication.
The City Clerk is directed to certify to the adoption of this ordinance and arrange for its posting and publication as required by law.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on December 2, 2025, the City Council passed this Ordinance by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on December 2, 2025.
____________________________
Heather Bell, CMC
City Clerk
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Gov. Code § 54957.5 (SB 343):
Resolution of the City Council of the City of South San Francisco’s Commitment to diversity and inclusion; expressing grave concern over recent Federal immigration enforcement actions and their impact on civil liberties; calling for accountability, transparency, and respect for due process; and clarifying existing laws and policies and the City’s response to immigration enforcement actions that do not comply with those laws and policies.
WHEREAS, due to recent federal immigration enforcement actions in Minneapolis, Minnesota, including multiple fatal shootings by federal immigration agents and federal agents’ resistance to local/state investigations, serious concerns have been raised nationwide regarding the protection and preservation of constitutional rights, the use of excessive force, and local autonomy in law enforcement oversight between municipalities and counties; and
WHEREAS, federal immigration enforcement can escalate fear and pose an immediate chilling effect on cities, including but not limited to, inhibiting local residents from freely enjoying public facilities, attending schools, accessing medical services, and engaging in the basic civil liberties of life, as entitled in the United States Constitution; and
WHEREAS, the United States Constitution guarantees fundamental civil liberties, including due process, equal protection under law, freedom of speech, and freedom from unreasonable seizure with the understanding that these rights belong to every person, regardless of citizenship status, in the United States; and
WHEREAS, the City of South San Francisco (“City”) is a welcoming, inclusive city that will protect the rights and privileges of everyone in South San Francisco, regardless of immigration status, and will oppose any attempts to undermine the safety, security, and rights of members of our community, as stated in Resolution 17-2017 which affirms the City’s commitment to diversity and inclusion; and WHEREAS, the City has a long-standing commitment to ensuring residents feel safe contacting public safety services, as affirmed by Resolution 25-543 which authorized a data-sharing agreement with other San Mateo County law enforcement agencies, yet explicitly states that the City prohibits data use for immigration enforcement; and
WHEREAS, the South San Francisco Police Department (SSFPD) has a long and proud history of building strong relationships of mutual respect and trust with community members, regardless of their immigration status, and SSFPD policies state that the department does not directly investigate or enforce immigration laws, File #: 26-1417, Version: 1
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as their primary function is to enforce the laws of the state of California; and WHEREAS, the City has and is actively sharing information with the community about their constitutional rights, partnered with county and local organizations in support of all residents, held numerous Know Your Rights Workshops, and shared resources, such as Immigrant Legal Resource Center-developed “red cards” to provide information, support, and solidarity with all community members, no matter their immigration status; and
WHEREAS, the City Council of the City of South San Francisco reaffirms that all government actions, local, state, or federal, must adhere to constitutional principles and that local democratic institutions play a vital role in upholding the rule of law and community trust.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco as follows:
SECTION 1. CITY RESPONSE TO USE OF CITY PROPERTY OR FACILITIES BY AN
IMMIGRATION AUTHORITY
A. Supervision of all City property and facilities is vested in the City Manager. (South San Francisco Municipal Code (“SSFMC”) § 2.20.060.) Any use of City property or facilities must be expressly authorized by the SSFMC or other valid law, an ordinance or resolution of the City Council, a valid contract with the City, or the City Manager through a permit or policy. Any use of City property or facilities not expressly authorized is prohibited.
B. It is the existing practice and policy of the City to respond to any unauthorized use of City property or facilities to inform the user or users that their use is not authorized and that they must cease and desist immediately, and to demand that they depart the City property or facility without delay.
C. Use of City property or facilities by Immigration Authorities is not expressly allowed and is therefore already prohibited.
D. In the event that an Immigration Authority attempts to use a City property or facility, the City Manager or delegee will inform the Immigration Authority that their use is not authorized and that they must cease and desist immediately and will demand that they depart the City property or facility without delay.
E. If the Immigration Authority refuses a lawful demand to immediately cease and desist in its unauthorized use of City property or facilities and to depart without delay, the City will take the following steps:
1. Document, to the extent feasible under the circumstances, that the City provided the Immigration Authority with a lawful demand to cease and desist in the use of City property or facilities and demanded that the Immigration Authority depart without delay.
2. Document, to the extent feasible under the circumstances, that the Immigration Authority refused the City’s lawful demand, including but not limited to in writing, video, and City of South San Francisco Page 2 of 5 Printed on 2/7/2026 powered by Legistar™
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photographs.
3. Immediately inform all City departments of the demand and refusal and the location and nature of the Immigration Authority’s use of City property or facilities.
4. Immediately inform the South San Francisco community, through all available means of communication, of the demand and refusal and the location and nature of the Immigration Authority’s use of City property or facilities.
5. Immediately inform the press of the demand and refusal and the location and nature of the Immigration Authority’s use of City property or facilities.
SECTION 2. CONTINUING RESTRICTIONS ON ACCESS TO CITY FACILITIES AND CITY
RESPONSE TO VIOLATIONS OF RESTRICTIONS BY AN IMMIGRATION
AUTHORITY
A. Consistent with the City Manager’s authority described in Section 1(A) of this Resolution, access to some City facilities or portions of facilities is restricted to City employees and officials and individuals with express permission to enter. Anyone without express authorization is prohibited from entering restricted facilities or areas of facilities.
B. Entrance into restricted City facilities or restricted areas of City facilities by Immigration Authorities is not expressly allowed and is therefore already prohibited, unless the Immigration Authority is acting pursuant to a lawfully issued judicial warrant.
C. Restricted City facilities or portions of facilities have appropriate signage providing notice of the restrictions. Some restricted facilities or portions of facilities have locked doors or gates in addition to or lieu of signage. The City will continue to maintain and supplement signage and will continue to keep restricted facilities and restricted areas locked and gated, as deemed appropriate by the City Manager.
D. It is the existing practice and policy of the City to respond to any attempt at unauthorized entry into a restricted City facility or restricted area in a City facility to inform the person attempting entry or who has already entered that they are not authorized to enter and that they must immediately cease and desist any attempt to enter, or exit the restricted facility or area without delay.
E. In the event that an Immigration Authority attempts to enter into a restricted City facility or restricted area in a City facility, the City Manager or delegee will inform the Immigration Authority that their entrance is not authorized, unless they can produce a valid judicial warrant to enter the facility or area of a facility, and that they must cease and desist immediately the attempt to enter or depart the restricted City facility or restricted area without delay.
F. If the Immigration Authority refuses a lawful demand to immediately cease and desist in its attempt to enter a restricted City facility or restricted area in a City facility or to depart without delay, the City will take the following steps:
1. Document, to the extent feasible under the circumstances, that the City provided the Immigration Authority with a lawful demand to cease and desist in its entrance into a restricted City facility or restricted area of a City facility or demanded that the City of South San Francisco Page 3 of 5 Printed on 2/7/2026 powered by Legistar™
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Immigration Authority depart without delay.
2. Document, to the extent feasible under the circumstances, that the Immigration Authority refused the City’s lawful demand, including but not limited to in writing, video, and photographs.
3. Immediately inform all City departments of the demand and refusal and the location and nature of the Immigration Authority’s unauthorized attempt to enter or actual entrance into a restricted City facility or restricted area in a City facility.
4. Immediately inform the South San Francisco community, through all available means of communication, of the demand and refusal and the location and nature of the Immigration Authority’s unauthorized attempt to enter or actual entrance into a restricted City facility or restricted area in a City facility.
5. Immediately inform the press of the demand and refusal and the location and nature of the Immigration Authority’s unauthorized attempt to enter or actual entrance into a restricted City facility or restricted area in a City facility.
G. If the Immigration Agency produces a valid judicial warrant to enter the facility or area, the City will nevertheless document the interaction and follow the steps in paragraphs (F)(3) through (F) (5), above.
SECTION 3. CITY RESPONSE TO IMMIGRATION AUTHORITY REFUSAL TO COMPLY WITH
CALIFORNIA LAW REQUIRING THEM TO IDENTIFY THEMSELVES AND
UNCOVER THEIR FACES
A. In 2025, the California Legislature enacted and the Governor signed SB 627 and SB 805, the No Vigilantes Act. SB 627 prohibits a law enforcement officer from wearing a facial covering that conceals or obscures their facial identity in the performance of their duties, unless an exception applies. SB 805 requires a law enforcement officer that is not uniformed to visibly display identification that includes their agency and either a name or badge number to the public when performing their enforcement duties, unless an exception applies. Under both laws, law enforcement officers includes any officer or agent of an Immigration Agency or a person acting on behalf of an Immigration Agency.
B. In any interaction between City staff and an Immigration Authority, if City staff reasonably believe the Immigration Authority is not complying with SB 627 or SB 805, City staff will request that the Immigration Authority comply. If the Immigration Authority refuses to comply with SB 627 or SB 805, City staff will:
1. Document, to the extent feasible under the circumstances, that the City provided the Immigration Authority with a lawful request to comply with SB 627 or SB 805.
2. Document, to the extent feasible under the circumstances, that the Immigration Authority refused the City’s lawful request, including but not limited to in writing, video, and photographs.
3. Immediately inform all City departments of the request and refusal and the location and City of South San Francisco Page 4 of 5 Printed on 2/7/2026 powered by Legistar™
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3. Immediately inform all City departments of the request and refusal and the location and nature of the Immigration Authority’s activities that violate SB 627 or SB 805.
4. Immediately inform the South San Francisco community, through all available means of communication, of the request and refusal and the location and nature of the Immigration Authority’s activities that violate SB 627 and SB 805.
5. Immediately inform the press of the request and refusal and the location and nature of the Immigration Authority’s activities that violate SB 627 and SB 805.
SECTION 4. DEFINITIONS
For the purposes of this Resolution:
A. “Immigration Authority” means any person or agency engaging in efforts to investigate, enforce, or assist in the enforcement of federal civil immigration law, including, but not limited to, U.S.
Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), the Department of Homeland Security (DHS), the Drug Enforcement Agency (DEA), and the Federal Bureau of Investigations (FBI).
B. “Judicial warrant” means a warrant based on probable cause and signed by a federal or state judge. It does not include administrative warrants, such as ICE Form I-200 or I-205, issued by immigration officers.
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ITEM 5.1
ORDINANCE RESTRICTING THE USE OF CITYOWNED OR CITY-CONTROLLED PROPERTY FOR
FEDERAL CIVIL IMMIGRATION ENFORCEMENT
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2 Background
• The Legislation and Policy Committee requested that staff present potential options to address civil immigration enforcement activities on City property. • Staff presented information to the Committee at its meeting on April 20, 2026. • Information presented to the Committee included examples of actions taken by other jurisdictions including the City of Pinole, the City of South San Francisco, and Alameda County.
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3 Background
• The City of South San Francisco and Alameda County adopted resolutions to address the use of agency property for civil immigration enforcement. • The City of Pinole adopted an ordinance to address the use of agency property for civil immigration enforcement.
• Following presentation and discussion, the Committee directed the City Attorney’s Office to prepare an ordinance for Council review that would prohibit the use of Cityowned and controlled facilities and property for civil immigration enforcement. 313 of 375
4 Existing Authority
• The City generally exercises complete control over the use of its property. • Union City Municipal Code Section 2.08.190 authorizes the City Manager to exercise “general supervision over all public buildings, public parks, and all other public property which are under control and jurisdiction of the City Council.” • Absent approval, the use of City property is prohibited if it is not allowed or otherwise required to be permitted by law.
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5 Compassionate City Resolution
• In 2017, the City Council adopted Resolution 5069-017, declaring Union City a “Compassionate City.”
• The Resolution expresses the City’s commitment to a community free from prejudice, bigotry, and hate, and prohibits the City from engaging in activities solely to enforce federal immigration law.
• Pursuant to Resolution 5069-017, the City Manager is prohibited from using her authority under the Municipal Code to make non-public City property available for civil immigration enforcement.
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6 Proposed Ordinance
• The proposed ordinance establishes Chapter 2.64 of the Union City Municipal Code, prohibiting non-public City-owned or City-controlled property from being used for staging, processing, or operations related to civil immigration enforcement. • Prohibition includes any property or facility, including parking lots, vacant lots, garages, or nonpublic areas of buildings and includes following activities: staging areas, processing locations, interviewing, or temporarily detaining individuals, surveillance or monitoring activities; use of facilities as operations bases, coordination points, or logistical hubs is prohibited.
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7 Proposed Ordinance
• Enforcement officers can still enter areas generally open to the public or where a valid warrant or judicial order is issued.
• The proposed ordinance does not create a private right of action or form the basis of liability against the City.
• The proposed ordinance would not be criminally enforced but would be implemented through existing administrative procedures approved by the City Manager. 317 of 375
8 Recommendation
Staff and the City Attorney’s Office recommends that the City Council consider the proposed ordinance and, should it wish to proceed, waive full reading and introduce the proposed ordinance by title only.
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City Council Staff Report Page 1 of 2 May 12, 2026
Staff Report
Agenda Item No. 5.2
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Receive the Annual Economic Development Update
EXECUTIVE SUMMARY
This report provides the City Council with an update on economic development activities, market conditions that impact city revenues, and noteworthy accomplishments over the last year. Staff recommends that the City Council receive the Economic Development Update report and ask any clarifying questions.
STRATEGIC PLAN ALIGNMENT
This agenda item aligns with Goal C: Economic, Community Development, and Public Safety. Institute forward-thinking business, land-use development, housing, social services, and public safety strategies that promote community growth and innovation.
BACKGROUND
Staff prepared an Economic Development update (Attachment 1) to provide an overview of the various sectors and highlight key accomplishments over the last year. The update is broken down by the following topics: Industrial Sector, Retail Sector, Small Business Support, Strategic Initiatives, Outreach, Marketing, and Promotions.
This update is being provided in anticipation of a City Council Study Session on the draft Economic Development Strategic Plan, scheduled for late May/early June, and the final adoption of the Strategic Plan in late June.
DISCUSSION
The attached report provides the City Council with an overview of economic development activities, market conditions, and key accomplishments that support business retention, attraction, and revenue generation in Union City. Guided by the City’s Strategic Plan and Economic Development Strategic Plan, staff continued to advance initiatives that strengthen the local economy, support existing businesses, encourage investment, and promote Union City as a competitive location for business growth. 319 of 375
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The City experienced continued strength in the industrial sector, including business expansions, major lease renewals, property acquisitions, and advanced manufacturing investments. The City maintained one of the lowest industrial vacancy rates in the I-80/I880 corridor, reflecting sustained demand for industrial space and the community’s strategic location within the regional economy. Staff worked closely with property owners, brokers, utilities, regional partners, and State agencies to facilitate investment and support business operations.
The retail sector also remained active, with new tenant openings, shopping center reinvestments, and continued performance at Union Landing, one of the City’s primary sales tax generators. Staff supported commercial revitalization efforts, coordinated business openings and community events, and assisted with projects intended to enhance public safety, customer experience, and long-term economic vitality.
In addition, the City continued its commitment to small business support through educational workshops, emergency preparedness training, business outreach, and partnerships with local organizations, including the Chamber of Commerce, as well as outside agencies/organizations. Staff also advanced broader strategic initiatives, including preparing the updated Economic Development Strategic Plan, participating in regional economic development organizations, promoting Union City through publications and conferences, and developing workforce development partnerships with local schools and manufacturers.
FISCAL IMPACT
There is no fiscal impact on the General Fund from receiving this report.
RECOMMENDATION
Staff recommends that the City Council receive the Economic Development Update report and ask any clarifying questions.
Prepared by: Gloria Ortega, Economic Development Manager Submitted by: Carmela Campbell, Economic and Community Development Director Attachment:
1. Attachment 1 - Economic Development Update
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UNION CITY ON THE MOVE!
Economic Development Update
INTRODUCTION
This report provides the City Council with an update on economic development activities, market conditions that impact city revenues, and noteworthy accomplishments guided by the City's Strategic Plan and Economic Development Strategic Plan. The update is broken down into 5 sections for ease of review: Industrial Sector, Retail Sector, Small Business Support, Strategic Initiatives, and Outreach, Marketing and Promotions.
Each year, staff evaluate how efforts have contributed to business retention, attraction, and revenue generation for the City. This update highlights those efforts, emphasizing the City’s role as a connector between the business community and key services, resources, and partnerships at the local, regional, and federal levels.
INDUSTRIAL SECTOR
Industrial Market Overview
The industrial sector is a critical contributor to the City’s General Fund through business-to-business sales tax, property tax from reassessments, and increased property values driven by development and reinvestment. Additional benefits include secondary retail spending by employees working in Union City.
Economic Development staff actively monitor vacancies and property transactions to identify opportunities for business growth, transitions, and long-term stability. See below for a snapshot of industrial vacancies for Q12026.
FIGURE 1: INDUSTRIAL REAL ESTATE UPDATE – I-80/I-880 CORRIDOR Total
Inventory SF
Square
Footage
Vacancy Rate Under
Construction
Avg. Asking
Rate (NNN)
IND 6,510,390 0.4% 20,000 SF $1.61
WSE 8,856,552 2.3% $1.59
R&D 594,391 2.3% $1.50
TOTAL 16,086,156 1.5% $1.59
SOURCE: COLLIERS INDUSTRIAL Q12026
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Union City’s has the lowest vacancy rate of cities tracked including Richmond, Oakland, San Leandro, Hayward and Newark, whose rates range from 8.5 to 7.1%
Staff will continue to work with property owners and industrial brokers to support their leasing efforts in all categories.
Business Expansions
• OUTFORM (formerly Rapid Displays): Expanded into a second location ±155,000 square foot facility at 4100 Whipple Road.
• United Mechanical Fabricators (UMEC): Constructing a new 22,850 square foot facility at 33250 Western Avenue to support expansion.
Figure 2: Rendering of UMEC’s New Building
• Azimuth Industrial Company, Inc.: Expanded advanced manufacturing operations through a partnership with Resonac to develop next-generation semiconductor packaging. Staff coordinated with GO-Biz and PG&E to expedite infrastructure installation, avoiding delays and supporting continued investment. 322 of 375
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Figure 3: October 10, 2025, US-Joint Soft Opening with City Officials On October 10, 2025, Azimuth in partnership with Resonac announced the US-Joint Consortium bringing ten partners together to develop next-generation semiconductor packaging. Economic Development staff coordinated with California Governor’s Office of Business (“Go-Biz”) to fast-track installation of a PG&E transformer, which avoided significant delays, and kept the operation’s schedules on track. In addition, to increasing Union City’s visibility as a great place to do business with domestic and international investors, the enhanced manufacturing facility has generated sales taxes related to significant purchases of manufacturing equipment and technology.
On April 20, 2026, US-Joint partners, Silicon Valley tech leaders, and City representatives came together to celebrate the completion of the manufacturing facility and the collaboration that made this effort possible.
Significant Lease Renewals
• OMNI Logistics – 33300 Dowe Avenue – 19,868 SQFT – Distribution Services • Forward Air – 30108-30118 Eigenbrodt Way – 135,860 SQFT - Freight and Logistics • HL Uriman Inc. – 33201-33215 Dowe Avenue – 125,118 SQ FT - Electric car tire module assembly and supply business
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• Sigmatron West Coast Operations – 30000 Eigenbrodt Way – 116,993 SQ FT – Electronics Manufacturing Services (EMS) making circuit board and electronic products assemblies Figure 4: Sigmatron’s West Coast Operations Building here Union City Major Acquisitions
Acquisitions increase City property tax revenues due to property re-assessments at higher values. • OCM Group USA, Inc., 30280 Ahern Avenue, 65,673 SF FT – Importer of Asian Food Products • Blue Mountain Capital, LLC, 3240 Whipple Road, BLDG. E (Union City Labs), 91,124 SQ FT – Commercial Real Estate Brokerage provides capital, real estate debt and equity for commercial transactions
• Vinters Distributors, 1320 Decoto Road, 32,382 SF FT - New corporate headquarters for gas station/convenience store owners/operators (“Loop Neighborhood Market”) Figure 5: Vinters Distributers New Headquarters
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• Fortinet, over the past several years, Fortinet has acquired multiple parcels. Initial communications with Fortinet regarding their interest in combining the parcels to create a connected campus, they have since changed direction. Staff continues to reach out to Fortinet and industrial brokers to gauge their utilization of the buildings and tenancies.
Fortinet Owned Sites and Current Businesses Operating at Locations • 33372 Transit Ave
o BTC III Union City IC LP—Commercial Leasing
• 1220 Whipple Rd
o Scotts Mobile Trailer Repair
• 1570 Atlantic St
o Fortinet — Warehouse/Distribution Services
• 1550 Atlantic St
o N/A
• 1551 Atlantic St
o N/A
• 1570 Atlantic St
o Fortinet—Warehouse/Distribution Services
• 1285 Atlantic St
o Fortinet—Warehouse/Distribution Services
• 1200 Whipple Rd
o N/A
• 1150 Whipple Rd
o N/A
Figure 6: Fortinet Owned Parcel
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RETAIL SECTOR
Retail Market Overview
Union City’s retail sector is largely region-serving, drawing customers from a broad trade area. Strong rental rates and low vacancies reflect a competitive and resilient retail environment.
Union Square Marketplace Shopping Center - Ross Dress for Less, 31,000 SQ FT The addition of Ross to the Marketplace center serves as an important retail anchor for the center owned by Pacific Rim Financial Corporation. Ross is a great retail addition for the residents of Union City and will also draw regional shoppers from the region, generating increased sales tax revenues for the City.
Figure 7: City Officials and Chamber of Commerce Representatives at the Ross Opening Celebration Niles Station (Formerly Central Plaza) - 33306-33456 Alvarado Niles Road Town Centre Capital acquired the property and received approvals in 2025 to renovate the shopping center façade and add new signage. In the location of the former Chinese restaurant, Rose Garden, a new Chinese restaurant has opened called Home Eat.
Home Eat also signed a new lease at 2831 Faber Street, 22,750 SQ FT. The building is leased and owned by New Haven Unified School District. This location will serve as the Home Eat commissary serving retail locations throughout the region.
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Figure 8: Photo of Niles Station (formerly Central Plaza) Union Landing
Union City’s premier retail destination and a major sales tax generator. The center ranks among topperforming retail centers nationally and statewide.
Recent highlights include:
• Opening of Kura Sushi
• Processing of Planning Approvals for Raising Cane’s development Property Business Improvement District (PBID) Renewal
The Union Landing PBID was renewed through 2030, providing funding for enhanced services including safety, marketing, and administration. A third-party management firm has been retained to oversee operations, allowing staff to focus on broader economic development initiatives.
Union Landing Police Department Substation Relocation
Figure 9: New UCPD substation (formerly GameStop)
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Staff worked closely with Inverness Management, the Property Management Division of Pappas Investments, and Union City Police Department staff to negotiate the lease for the new location of the Union City Police Sub-Station, which occupies the former GameStop tenant space along Courthouse Drive. The new space will better serve the needs of the Police Department staff.
SMALL BUSINESS SUPPORT
The City remains committed to supporting small businesses through partnerships, education, and direct engagement. Programs are designed to help businesses grow, adapt, and build resilience.
PPRR Training (Prepare, Plan, Respond, Recover)
Training sessions were conducted with local businesses including Sterling Foods, TriCED, and Mizuho to improve emergency readiness and workplace safety. • March – Emergency Preparedness Roundtable
o Partner: Union City Office of Emergency Services
• June – Emergency Preparedness Roundtable
o Partner: Union City Office of Emergency
Response
• September - Small Business Workshop
o Partner: Office of State Senator Dr. Aisha Wahab
• September - Haywired Earthquake Response Workshop
o Partners: City of Newark Economic Development,
Earthquake County Alliance, USGS
• October - Cybersecurity for Small Business Workshop
o Partner: Union City IT team
PPRR Plan, Prepare, Respond, and Recover Trainings
• May 2025 – Sterling Foods
o Fire extinguisher training
• July & August 2025 – TriCED
o Fire extinguisher training
o Personal Emergency Preparedness
• August 2025 – Mizuho America
o Fire extinguisher training
• January 2026 – TriCED
o CPR & Abdominal Thrust
Figure 10: Small Business Workshop at
Ruggieri Center
Figure 11: Staff from TriCED learning CPR
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Business Openings & Rebranding
In partnership with the Chamber of Commerce, the City supported multiple business openings and reinvestments throughout the year, contributing to local economic vitality. • June 2025 – Da Good Vibes
• July 2025 – Panera Ribbon Cutting
• July 2025 – Walmart Grand Reopening
• July 2025 – Don Julio
• August 2025 – Noble Dental Care
• October 2025 – Crown Gold Exchange
• October 2025 – Azimuth/Resonac Soft Opening
• December 2025 – Taco Bell Reopening
• March 2026 – Ross
Figure 12: Walmart Re-Opening Celebration
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STRATEGIC INITIATIVES
Economic Development Strategic Plan
Staff worked with Strategic Economics and key stakeholders to update the City’s Economic Development Strategic Plan through extensive outreach and engagement.
Proposed Vision Statement:
Union City is a great place to do business, supported by transparent and responsive government services, strong partnerships, and a commitment to economic growth and quality of life.
Goals:
1. Retain and grow existing businesses
2. Attract new businesses
3. Foster investment in industrial and commercial areas
4. Promote Union City’s economic story
The City Council will review the draft Economic Development Strategic Plan in a future work session and approve the final plan at a special City Council meeting soon after.
City Council Special Session - July 22, 2025
Figure 13: City officials with staff from EBEDA, CALED and Strategic Economics Gurbax Sahota, President and CEO, California Association for Local Economic Developer (CALED) and Stephen Baiter, Executive Director, East Bay Economic Development Alliance (EBEDA) attended a special City Council Work Session. Their presentations provided a backdrop for future discussions and focus on updating the Economic Development Strategic Plan. 330 of 375
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OUTREACH , MARKETING & PROMOTIONS
Regional & Industry Engagement
Union City continues to maintain a strong presence in regional economic development efforts. • Participation in major industry conferences including ICSC, CALED, and ULI • Engagement with the Economic Development Advisory Team (EDAT) • Collaboration with regional organizations and stakeholders Publications & Promotion
Union City was featured in a special insert in the San Francisco Business Times, highlighting the City’s business climate, development opportunities, and industry partnerships.
Figure 14: Cover of the San Francisco Business Time Special Insert on Union City Contributors - Real Estate Brokers: Colliers and CBRE; Developer: Woodstock; Business Partners:
Mizuho OSI, Azimuth Industrial Company Inc., Foxsemicon, UMEC, GCM, and USK Distribution of the publication continues, with digital copies provided to contributors, brokers, business leaders and at regional meetings and more. Staff also met with the Human Relations Commission, who, after learning more about Union City’s business, distributed copies of the publication to their family and friends. Staff will continue to meet with commission and other groups to promote Union City. SFBT Paid Circulation: 15,000
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Figure 15: ED Staff Promoting Union City to Human Resource Commission – March 25, 2026 Events & Recognition
East Bay Global Forum
On September 11, 2025, local business, Amber Kinetics, was recognized for their contributions to development of clean energy solutions and fly-wheel technology. Fabrice Glorieux, Chief Operating Officer of Amber Kinetics, participated in a panel discussion with other cutting-edge companies.
Figure 16: City of Union City and Staff from Amber Kinetics at the East Bay Global Forum 332 of 375
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Manufacturing Day
On October 3, 2025, over 130 James Logan High School students got an inside look at modern manufacturing and an opportunity to see the wide range of careers available in the industry. The day would not have been possible without the full participation of the following partners:
• Business Partners: Mizuho, OSI; GCM; FANUC America; Outform • Community Partners: James Logan High School
• Transportation: Union City Transit
Figure 17: OUTFORM, Manufacturing Day - October 3, 2015
MORE TO COME!
For Economic Development questions or more information, please contact:
Gloria Ortega, Economic Development Manager at [email protected] Kyle Weddington, Economic Development Coordinator at [email protected]. 333 of 375
1 Economic Development Update
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2 Covers ED activities, market conditions that impact
city revenues, and noteworthy accomplishments
Industrial Sector, Retail Sector, Small Business
Support, Strategic Initiatives, and Outreach,
Marketing and Promotions
Looking Back– Strategic Plan Update
Overview
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3 Industrial Sector
Source: Colliers Industrial
Real Estate Update – I-80/I880 Corridor. Q12026
Total
Inventory
SF
Square
Footage
Vacancy
Rate
Under
Construction
Avg.
Asking
Rate
(NNN)
IND 6,510,390 0.4% 20,000 SF $1.61
WSE 8,856,552 2.3% $1.59
R&D 594,391 2.3% $1.50
TOTAL 16,086,156 1.5% $1.59
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4 Industrial Sector
Source: CoStar Real Estate
Update – Union City
5.12.206
Total
Inventory
SF
Below
10,000
10,001 to
50,000
50,001 to
100,000
Over
100,000
IND 3 4 4
WSE 7 12 2 1
R&D 3
TOTAL 10 16 9 1
Total Available Spaces: 36
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5 Industrial Market Overview
Industrial Real Estate Update
– I-80/I-880 Corridor
• Diverse Manufacturing Sector is Union City’s
Strength
• Key Revenue Generators: business-to-business
sales tax, property tax from reassessments,
jobs, and spillover retail spending
• Low Vacancy Rates = Retention + Limits
Attraction + Opportunities for Reinvestment
• Lower Vacancy Rates than Neighboring Cities
• Active Communication with Brokers and
Business
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6 33250 Western Avenue –
New Construction | 22,850 S.F.
Business Expansions
4100 Whipple Road – Second
Location ±155,000 S.F
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7 October 10, 2025, US-Joint Soft Opening with City Officials Raising
Union City’s
Visibility
Business Expansions
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8 Significant Lease Renewals
• OMNI Logistics – 33300 Dowe Avenue –
19,868 SQFT – Distribution Services
• Forward Air – 30108-30118 Eigenbrodt Way
– 135,860 SQFT - Freight and Logistics
• HL Uriman Inc. – 33201-33215 Dowe
Avenue – 125,118 SQ FT - Tire Assembly
• Sigmatron West Coast Operations – 30000
Eigenbrodt Way – 116,993 SQ FT –
Electronics Manufacturing Services
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9 • Vinters Distributors - 1320 Decoto
Road, 32,382 SF FT – Corporate
HQ –Gas Stations, Loop Market
• OCM Group USA, Inc., 30280
Ahern Avenue, 65,673 SF FT –
Importer of Asian Food Products
• Blue Mountain Capital, LLC, 3240
Whipple Road, BLDG. E (Union City
Labs), 91,124 SQ FT – Commercial
Real Estate Brokerage
Major Acquisitions
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10 Major Acquisitions
33372 Transit Ave BTC III Union City IC LP—Commercial Leasing 1220 Whipple Rd Scotts Mobile Trailer Repair
1570 Atlantic St Fortinet—Warehouse/Distribution Services 1550 Atlantic St Vacant
1551 Atlantic St Vacant
1285 Atlantic St Fortinet—Warehouse/Distribution Services 1200 Whipple Rd Vacant
1150 Whipple Rd Vacant
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11 Retail Sector Overview
• Regional and
Neighborhood Serving
Centers
• Low Vacancy Rates
• Competitive and Resilient
Retail Environment
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12 Retail Overview
Town Central Capital Acquisition
Niles Station
(Formerly Central Plaza) –
33306-33456 Alvarado Niles
Road
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13 Retail Overview - Union Landing
Union Landing Police Substation Relocation
Ribbon Cutting Friday, May 15th
In Planning
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14 Small Business Support
Trainings and Workshops
• Industrial Roundtables
• Emergency Preparedness Trainings
• Small Business Workshop
• Cybersecurity Training
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15 Business Openings & Rebranding
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16 MFG Day
OCTOBER 3, 2025
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17 Outreach,
Marketing
and
Promotions
• Regional & Industry
Engagement
• Publications &
Promotion
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18 Next Steps
City Council Work Session - May 2026
City Council Adoption – June 2026
Economic Development Strategic Plan Update
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19 Recommendation
Staff recommends that City Council receive the Economic Development Update and ask any clarifying questions
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Staff Report
Agenda Item No. 5.3
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
Thai Nam Pham, City Clerk
SUBJECT: Adopt a Resolution Approving the City of Union City SB 707 Meeting Disruption Policy and Receive an Informational Update Regarding SB 707 and Title II Accessibility Compliance Efforts
EXECUTIVE SUMMARY
The Governor signed Senate Bill 707 (“SB 707”) into law in 2025. SB 707 establishes new requirements under the Brown Act regarding how qualifying public agencies, including the City of Union City, must provide access and allow participation to certain public meetings, including providing remote access beginning July 1, 2026. As a result, the City Council must allow members of the public to attend and provide public comment remotely during open meetings.
SB 707 also requires that the City Council adopt a policy, as a non-consent item, regarding how the City will respond to a remote meeting technology failure. The meeting disruption policy applies when telephonic or internet service is interrupted in a way that prevents the public from attending, observing, or commenting remotely.
The Legislation and Policy Committee reviewed the proposed SB 707 Meeting Disruption Policy on April 20, 2026, and approved forwarding the policy to the City Council as presented.
Staff recommends that the City Council adopt the attached resolution approving the City of Union City SB 707 Meeting Disruption Policy.
Staff is also providing an informational update on related SB 707 and accessibility implementation efforts, including hybrid City Council meetings, the translated agenda bulletin board, public comment procedures, and the planned use of Wordly for live translation and captioning.
STRATEGIC PLAN ALIGNMENT
Goal B. Governance and Organization Effectiveness:
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Commit to local government best practices and organizational effectiveness through transparency, accessibility, public participation, and compliance with evolving legal requirements, including Senate Bill 707 and Title II accessibility standards.
Goal E. Communication and Outreach:
Enhance public engagement and accessibility by expanding multilingual communication tools, hybrid public participation opportunities, live captioning, and digital accessibility resources for residents and community stakeholders.
BACKGROUND
SB 707 was signed into law in 2025 and the remote meeting components of SB 707 will become operative on July 1, 2026. SB 707 updates portions of the Ralph M. Brown Act related to public meeting access, teleconferencing, remote participation, public comment, translated agendas, and meeting accessibility.
Beginning July 1, 2026, the City Council is required to provide a method for the public to attend and participate remotely during open public meetings. This may be done through a two-way telephonic service, a two-way audiovisual platform, or another method allowed by law.
SB 707 also requires the City Council to adopt a disruption policy before July 1, 2026.
The policy must explain how the City will respond if telephonic or internet service is disrupted during a meeting.
On April 20, 2026, the Legislation and Policy Committee reviewed the proposed SB 707 Meeting Disruption Policy. The Committee approved the policy as presented and directed staff to bring it forward to the full City Council for adoption.
Staff also provided the Committee with an update on other SB 707 and accessibilityrelated implementation items, including:
• Returning to hybrid City Council meetings beginning July 1, 2026; • Providing remote public comment through Zoom or another remote participation platform;
• Installing a bulletin board for members of the public to post translated agendas; • Implementing Wordly for live translation and captioning; and • Continuing work on Title II accessibility compliance.
DISCUSSION
SB 707 Meeting Disruption Policy
The proposed policy explains what the City will do if remote access fails during a City Council meeting.
A disruption may occur if telephonic or internet service fails and members of the public are prevented from attending, observing, or providing public comment remotely.
If that happens, the policy requires the City Council to recess the open session and make good-faith efforts to restore the service. SB 707 requires the open session to remain 354 of 375
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recessed for at least one hour unless service is restored sooner.
If service is restored, the City Council may resume the open session.
If service cannot be restored after the required recess period, the City Council may continue the meeting only after making findings by roll-call vote that:
1. Good-faith efforts were made to restore the service; and
2. The public interest in continuing the meeting outweighs the public interest in remote public access.
The policy also requires the disruption and related actions to be documented in the meeting minutes.
Adoption of the attached resolution will formally approve the City of Union City SB 707 Meeting Disruption Policy.
Hybrid City Council Meetings
Beginning July 1, 2026, City Council meetings will return to a hybrid format. Members of the public will continue to have the option to attend in person, and they will also be able to attend and provide public comment remotely.
The City currently livestreams City Council meetings through Zoom. Under SB 707, the City will also need to allow real-time remote public comment.
This will require staff to manage both in-person speaker cards and remote speakers during the same meeting.
Public Comment Procedures
Staff discussed public comment procedures with the Legislation and Policy Committee because hybrid meetings will change how speaker counts are managed.
For example, at an in-person meeting, staff can count speaker cards before an item begins. In a hybrid meeting, additional speakers may join remotely or raise their hands.
The Committee concurred with maintaining flexibility rather than adopting fixed public comment time thresholds at this time. This will allow the Mayor, with staff support, to manage public comment based on the number of speakers for each item.
Staff will continue refining internal procedures for recognizing remote speakers, tracking speaker counts, and clearly announcing public comment instructions during meetings.
Translated Agenda Bulletin Board
SB 707 requires the City to provide a physical location where members of the public may post translated versions of City meeting agendas.
To comply with this requirement, staff has installed a separate bulletin board near the 355 of 375
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existing official agenda posting board at City Hall.
The official City agenda will continue to be the English-language agenda prepared and posted by the City. The separate bulletin board will be used for public-posted translated agendas.
Wordly Live Translation and Captioning
Staff is preparing to implement Wordly, an AI-based live translation and captioning platform, for City Council and Planning Commission meetings.
Wordly will allow meeting attendees to scan a QR code and select a preferred language on their personal device. The platform can provide real-time translation and captioning during the meeting.
Although Union City does not currently meet the SB 707 threshold requiring translated agendas based on American Community Survey language data, staff believes Wordly will improve access for residents and support broader communication goals.
Staff expects Wordly to support languages commonly used in Union City, including Tagalog, Spanish, Mandarin, Cantonese, and Punjabi, among others.
Title II Accessibility Compliance
Staff is also continuing to monitor and implement requirements related to Title II of the Americans with Disabilities Act.
The United States Department of Justice has adopted accessibility rules for web content and mobile applications used by state and local governments. These rules are intended to ensure that online public services, documents, videos, and digital tools are accessible to individuals with disabilities.
The City’s use of live captioning, improved meeting access information, and accessible public meeting procedures supports the City’s broader Title II compliance efforts.
FISCAL IMPACT
There is no direct fiscal impact associated with adopting the resolution approving the SB 707 Meeting Disruption Policy.
Costs associated with SB 707 implementation, hybrid meeting operations, translation services, captioning services, and digital accessibility improvements will be handled through existing and future operational budgets.
Where appropriate, PEG funds may be used for eligible audiovisual, captioning, and meeting accessibility improvements.
RECOMMENDATION
Staff recommends that the City Council:
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Agenda Item No. 5.3
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1. Adopt a Resolution Approving the City of Union City SB 707 Meeting Disruption Policy; and
2. Receive the informational update regarding SB 707 and Title II accessibility compliance efforts.
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments
1. Resolution Approving the City of Union City SB 707 Meeting Disruption Policy
2. Exhibit A - City of Union City SB 707 Meeting Disruption Policy 357 of 375
RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE CITY OF UNION CITY SB 707 MEETING DISRUPTION POLICY
WHEREAS, the Ralph M. Brown Act requires that meetings of local legislative bodies be open and public, except as otherwise provided by law; and WHEREAS, Senate Bill 707 was signed into law in 2025 and amended portions of the Ralph M. Brown Act relating to public meeting access, teleconferencing, remote participation, public comment, translated agendas, and related public access requirements; and
WHEREAS, beginning July 1, 2026, Government Code section 54953.4 requires eligible legislative bodies, including the City Council, to provide members of the public an opportunity to attend open and public meetings through a two-way telephonic service or two-way audiovisual platform, except as otherwise provided by law; and WHEREAS, Government Code section 54953.4 also requires an eligible legislative body, on or before July 1, 2026, to approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service during meetings subject to that section; and WHEREAS, the disruption policy is required to address the procedures for recessing and reconvening a meeting in the event of a disruption, and the efforts the City will make to attempt to restore telephonic or internet service; and WHEREAS, the proposed City of Union City SB 707 Meeting Disruption Policy establishes procedures for responding to interruptions in telephonic or internet service that prevent members of the public from attending, observing, or providing public comment remotely during City Council meetings; and
WHEREAS, on April 20, 2026, the Legislation and Policy Committee reviewed the proposed SB 707 Meeting Disruption Policy and directed staff to bring the policy to the City Council for consideration; and
WHEREAS, adoption of the City of Union City SB 707 Meeting Disruption Policy will support public access, meeting continuity, transparency, and compliance with Government Code section 54953.4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNION CITY AS FOLLOWS:
SECTION 1. Recitals.
The City Council finds that the above recitals are true and correct and are incorporated into this Resolution.
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Resolution No. 2026-XXX
City Council Meeting Disruption Policy
SECTION 2. Approval of Policy.
The City Council hereby approves the City of Union City SB 707 Meeting Disruption Policy, attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. Implementation.
The City Manager, City Attorney, City Clerk, Information Technology Department, and other appropriate City staff are authorized and directed to take all actions reasonably necessary to implement the City of Union City SB 707 Meeting Disruption Policy and comply with Government Code section 54953.4.
SECTION 4. Administrative Updates.
The City Manager, in consultation with the City Attorney and City Clerk, may approve non-substantive administrative or clerical updates to the City of Union City SB 707 Meeting Disruption Policy as needed to maintain consistency with law, meeting operations, or technology platforms, provided that any substantive revisions shall be returned to the City Council for approval.
SECTION 5. Effective Date.
This Resolution shall take effect immediately upon adoption. The City of Union City SB 707 Meeting Disruption Policy shall apply to meetings subject to Government Code section 54953.4 beginning July 1, 2026, unless otherwise required by law.
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Resolution No. 2026-XXX
City Council Meeting Disruption Policy
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Resolution No. 2026-XXX
City Council Meeting Disruption Policy
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on May 12, 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
Attachment
1) Exhibit A - City of Union City SB 707 Meeting Disruption Policy 361 of 375
City of Union City Meeting Disruption Policy (Telephonic/Internet Service) 1) Purpose
To ensure a process for continuity of public access and participation during meetings of the Union City City Council (the “City Council”) in the event of interruption to a twoway telephonic or two-way audiovisual remote access platform, in compliance with Senate Bill (“SB”) 707 (2025).
2) Scope
This policy applies to all open meetings of the City Council, subject to Government Code section 54953.4, effective July 1, 2026, where remote public participation is provided.
3) Policy Statement
The City Council is committed to maximizing public access and participation consistent with SB 707. If telephonic or internet (audiovisual) service is disrupted and public remote access or commenting is prevented, the City Council will follow the process outlined in this policy.
4) Definitions
A. “Two-way telephonic service”: Two-way telephonic service means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
B. “Two-way audiovisual platform”: An online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants.
C. “Disruption”: An interruption of service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform, or from providing public comment through those means. 5) General Responsibilities
A. Adoption of Policy
The City Council adopted this policy at a noticed public meeting in open session, not on the consent calendar, on [insert date].
B. During a Meeting
• If a disruption occurs that prevents public remote attendance or comment, the Mayor will announce the disruption, and the open session shall be recessed. • While the open session is in recess, the City shall make reasonable efforts in good faith to restore the service.
• The City Council shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever occurs earlier. The Mayor shall clearly announce the end of the recess. During the recess, the body may meet in closed session if authorized.
• Upon reconvening the open session, if telephonic or internet service has not been restored, the City Council shall adopt, by roll-call vote, findings that:
• Good-faith efforts to restore service were made in accordance with this policy; and
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Meeting Disruption Policy
• The public interest in continuing the meeting outweighs the public interest in remote public access.
If Service is Restored
• The open session shall resume upon restoration of service, even if less than one hour has elapsed since the disruption, consistent with Government Code section 54953.4.
• Document the disruption in the meeting minutes (start time of disruption, duration, resolution steps taken).
If Service Cannot Be Restored
• The body may proceed with the meeting only after the rollcall finding (as above) is adopted.
• The minutes shall include a description of service failure, efforts to restore service, the facts and outcome of the roll call findings, and any decision to continue without full remote participation.
C. Preparation and Mitigation
• Before each meeting, staff should check and verify remote/telephonic connection lines and internet connectivity.
• Maintain, where practicable, a backup call-in number, alternative platform, or other contingency measures to switch to in case primary service fails. • Provide staff contact information for the public to report any remote access problems (e.g., technical help line).
• Announce at the start of each meeting the remote participation links and instructions, including how to alert staff of access issues. • If a two-way audiovisual platform includes an automatic captioning function, that function shall be activated during the meeting. Interpretation services may be provided where applicable.
D. Public Notice & Website Posting
• Post on the City’s public meetings webpage a clear explanation of how to attend and comment remotely, including alternative access options if available. • Announce in notices of meetings that a Disruption Policy is in place and accessible.
E. Roles & Responsibilities
• City Council: Declare the recess when disruption occurs, lead the roll call finding if service cannot be restored, and ensure compliance with this policy. • Information Technology Department: Monitor service status, attempt restoration efforts, log the timeline of disruption, provide alternative access if available, and report to the presiding officer.
• City Clerk: Document in the minutes the disruption timeline, restoration efforts, and any required roll-call findings, and advise the presiding officer when statutory thresholds for reconvening are met.
• Public/Remote Participants: If experiencing access issues, alert staff immediately via the provided contact and attempt alternate access if available. 363 of 375
Meeting Disruption Policy
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Meeting Disruption Policy
F. Documentation & Record-Keeping
• Minutes must reflect the time disruption began, nature of service failure, efforts made to recover service, time reconvened or time at which rollcall finding was adopted, and whether the meeting resumed or was postponed. • The City may prepare a post-incident report summarizing… root cause analysis (if available), lessons learned, whether backup options were activated, and any recommended improvements for future meetings.
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SB 707 Meeting Disruption Policy and Updates
Regarding SB 707 and Title II Accessibility
Compliance Efforts
May 12, 2026 | Agenda Item 5.2
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2 Background
• Senate Bill 707 (SB 707) was signed into law in 2025
• SB 707 requires eligible legislative bodies to provide remote opportunities to participate at public meetings through the following means:
• A two-way telephonic service
• A two-way audiovisual platform
• Another method allowed by law
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3 Background
• SB 707 would also require City Council to adopt a meeting disruption policy
• Changes must be implemented beginning July 1, 2026
• The Legislation and Policy Committee approved forwarding the proposed SB 707 Meeting Disruption Policy to the City Council on April 20, 2026
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4 Meeting Disruption Policy Overview
• This policy explains what the City will do if remote access fails during a City Council meeting:
• A Disruption is the failure of telephonic or internet service which prevents members of the public from attending,
observing, or providing public comment remotely
• City Council to recess the open session and make good-faith efforts to restore the service for at least one hour unless service is restored sooner
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5 Meeting Disruption Policy Overview (cont.)
• If service cannot be restored within the above-described parameters, the City Council may continue the meeting after finding through roll-call vote that:
• Good-faith efforts were made to restore the service; and • The public interest in continuing the meeting outweighs the public interest in remote public access.
• Disruption and related actions must be documented in the meeting minutes
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6 SB707 Bulletin Board - Translated Agendas
• SB707 requires a physical location where members of the public may post personally translated versions of agendas • A new bulletin board has been installed near the original agenda posting board at the front of City Hall
• This separate bulletin board will be noticed with the following language to identify the space for the specific use of publicly translated agendas 371 of 375
7 Wordly Live Translation and Captioning
• Staff is implementing Wordly an AI-based live translation and captioning platform, for City Council and Planning
Commission meetings
• Staff believes Wordly will improve access for residents and support broader communication goals
• Wordly supports languages commonly used in Union City, including Tagalog, Spanish, Mandarin, Cantonese, and
Punjabi
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8 Wordly Live Translation and Captioning (cont.)
• Wordly will allow meeting
attendees to scan a QR code
and select a preferred language
on their personal device
• The system provides real-time
translation and captioning
during the meeting
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9 Title II Accessibility Compliance Update
• The United States Department of Justice has adopted
accessibility rules for web content and mobile applications used by state and local governments
• Use of live captioning, improved meeting access information, and accessible public meeting procedures supports the City’s broader Title II compliance efforts
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10 1. Adopt a Resolution Approving the City of Union
City SB 707 Meeting Disruption Policy; and
2. Receive the informational update regarding SB
707 and Title II accessibility compliance efforts.
Staff Recommendation
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