Agenda packet, regular meeting — Union City City Council, May 12, 2026 (part 1 of 2)

May 12, 2026 | 7:00 PM Page 1 of 5
City Council / Successor Agency
Regular Meeting Agenda

NOTICE AND AGENDA

CITY OF UNION CITY

CITY COUNCIL / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
GARY SINGH, Mayor
JAIME PATIÑO, Vice Mayor (District 2)
LANCE NISHIHIRA, Councilmember (District 1)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, May 12, 2026 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587
NOTICE OF PARTICIPATION PURSUANT TO GOVERNMENT CODE § 54953(b) Councilmember Sakakihara will participate in the meeting via teleconference from the site listed below. The meeting agenda will be posted on the publicly accessible teleconference site. Anyone wishing to address the Council from the teleconference site may do so.

Location:
1201 J St
Sacramento, CA 95814

1. CALL TO ORDER

1.1. Pledge of Allegiance

1.2. Roll Call

2. PROCLAMATIONS AND PRESENTATIONS

2.1. Alameda County Transportation Commission Presentation on Measure BB and Vehicle Registration Fee Direct Local Distribution Funds

2.2. Proclamation Recognizing May 10 – 16, 2026 as National Police Week

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3. ORAL COMMUNICATIONS
Each person who wishes to speak during the Oral Communications section for non-agenda items will have up to three minutes. The Chair may shorten this time if there are many speakers or the City Council has a full agenda. If you want to speak during the first Oral Communications section, please complete a speaker card with your name and city of residence. You may also provide a mailing address if you would like to receive future information from the City. Filling out a speaker card and providing your name, city of residence, or mailing address is not required to speak, but it helps keep accurate records.

4. CONSENT CALENDAR
All items listed under the Consent Calendar are considered routine and will be approved together with one motion. If any item requires discussion, it will be removed from the Consent Calendar and discussed separately.

4.1. Approve the April 28, 2026 City Council Special Meeting Action Minutes

4.2. Approve the April 28, 2026 City Council Regular Meeting Action Minutes

4.3. Adopt a Resolution Approving an Amendment to Update the Class Specification for the Classification of Lead Construction Inspector

4.4. Adopt a Resolution Accepting a Grant From First 5 Alameda County, Measure C – First 5 Early Care and Education Emergency Grant in the Amount Of $50,000 Increasing Community and Recreation Services Revenue Projection For Holly Preschool

4.5. Adopt a Resolution Approving a Pre-qualified List of Environmental Consultants for California Environmental Quality Act (CEQA) Services

4.6. Adopt a Resolution Declaring Weeds to Be a Public Nuisance and Setting June 9, 2026, for a Public Hearing

4.7. Adopt a Resolution Approving a Twelve-Month Extension of Tentative Parcel Map 11429 (TPM-24-001) at 32415 Winchester Drive (APN 475-0175- 082-02)

4.8. Adopt a Resolution Approving a List of Projects for Fiscal Year 2026-2027 Funded by SB 1: The Road Repair and Accountability Act of 2017

4.9. Adopt a Resolution Authorizing the City Manager to Execute a Ten-Year Master Programs Funding Agreement with Alameda County Transportation Commission for Measure BB and Vehicle Registration Fee Direct Local Distribution Funds

4.10. Adopt a Resolution Authorizing the City Manager to Execute a One-Year Master Program Funding Agreement with Alameda County Transportation Commission for the Remaining 2000 Measure B Direct Local Distribution Funds

5. CITY MANAGER REPORTS

5.1. 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
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5.2. Receive the Annual Economic Development Update

5.3. 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

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY

7. ITEMS REFERRED BY COUNCIL

8. GOOD OF THE ORDER

9. ADJOURNMENT

MEETING INFORMATION
The City Council is authorized to take action only on items listed on this agenda. Public comment is both welcomed and encouraged on all agenda items. If you wish to address the Council, please complete a speaker card and submit it before the Oral Communications section.

Regular City Council meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers, City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.

Meetings can also be observed via Zoom: http://citycouncil-live.unioncity.org.

Meetings are broadcast live on UCTV Channel 15 and live-streamed on the City's website:
https://bit.ly/3x9mEiR.

Public Access and Comment: Pursuant to Senate Bill 707 and California Government Code sections 54953.4 and 54954.3, beginning July 1, 2026, members of the public may attend City Council meetings in person or remotely through the two-way audiovisual platform or two-way telephonic service identified in the agenda. Members of the public may provide public comment in real time either in person or remotely, and remote participants shall be provided the same opportunity to comment, including the same time allotment, as those attending in person. Remote participation is subject to the availability and functionality of the internet and telephonic service. If a disruption occurs that prevents remote public access or remote public comment, the City Council shall proceed in accordance with applicable law
Public Records: Documents related to agenda items are available for review on the City's website (https://www.unioncityca.gov) or during business hours at the City Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.

Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting. Closed captioning is available for all regular City Council meetings.

ADDRESSING THE CITY COUNCIL
In-Person Public Comment:

Members of the public may address the Council on any agenda item or during the Public Input portion May 12, 2026 | 7:00 PM Page 4 of 5
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of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address. Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment, but are requested for record-keeping purposes.

Written Comment:

To submit written comments on an agenda item or during Public Comment, please email [email protected]. Include "Public Comment" in the subject line and reference the agenda item number. Written comments will be forwarded to the City Council and made publicly available.

Public Comment via Zoom (Effective July 1, 2026):

To provide public comment remotely during the meeting, use the “Raise Hand” feature on Zoom or follow the instructions provided for telephonic participation. When called upon, speakers will be unmuted and given the allotted time to speak. Instructions for joining the meeting and participating remotely will be included in the agenda.

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

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

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

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

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

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

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

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

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

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

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

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council May 12, 2026 | 7:00 PM Page 5 of 5
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Regular Meeting Agenda
should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.

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

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

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

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

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

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice and agenda were posted on the City's website and the City Hall bulletin board at least 72 hours prior to the meeting date, in compliance with the Ralph M. Brown Act. /s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency City Council Staff Report Page 1 of 1 May 12, 2026
Staff Report
Agenda Item No. 2.1
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Alameda County Transportation Commission Presentation on Measure BB and Vehicle Registration Fee Direct Local Distribution Funds
Prepared by: Marilou Ayupan, Public Works Director
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. PowerPoint Presentation
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Measure BB/VRF Direct Local Distributions 1

ALAMEDA COUNTY TRANSPORTATION COMMISSION
A presentation to the City of Union City
John Nguyen, Director of Programming and Project Controls May 12, 2026
Measure BB/Vehicle Registration Fee
Direct Local Distribution (DLD)
Program Orientation for Union City

ALAMEDA COUNTY TRANSPORTATION COMMISSION
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Measure BB/VRF Direct Local Distributions 2
A Brief History
2000 Measure B (MB)
• In 2000, Measure B reauthorized half-cent sales tax
• Sunset on March 30, 2022
Vehicle Registration Fee (VRF) Program
• In 2010, voters approved Measure F – VRF Program
• Authorized collection of an annual $10 per vehicle registration fee Measure BB (MBB) Program
• In 2014, voters approved Measure BB to augment and extend the prior Measure B. • ½ cent collections started in April 2015
• As of April 1, 2022, Measure BB collecting a full cent sales tax through March 31, 2045 8 of 375
Measure BB/VRF Direct Local Distributions 3
Measure BB/VRF Distribution
Local Streets and Roads (DLD)
Mass Transit (DLD)
Bike/Ped Safety (DLD)
Various Discretionary Programs
Paratransit (DLD)

PROGRAMS
~60%

CAPITAL PROJECTS
(MB/MBB)
~40%

1. PROGRAMS: Approximately 60% of funds
generated are for locally prioritized improvements
A. Direct Local Distributions (DLD)
B. Discretionary Programs

2. CAPITAL PROJECTS
• Union City Intermodal Station ($75M)
• Dumbarton Corridor Area Impvts. ($40M)
$380 M - $390 M
Generated Annually
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Measure BB/VRF Direct Local Distributions 4
DLD Distributions Overview
~$200M
Annually
Available
to DLD Programs
• Over 50% of net revenues generated from the
Measure BB/VRF Programs are returned to source as
“Direct Local Distributions” (DLDs)
• Twenty recipients (cities, transit agencies and the County) • DLD Programs
• Bicycle/Pedestrian
• Local Streets and Roads (local transportation)
• Transit
• Special Transportation for Seniors and People
with Disabilities (Paratransit)

PROGRAMS
~60%

CAPITAL PROJECTS
~40%
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Measure BB/VRF Direct Local Distributions 5
DLD Annual Projection
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Measure BB/VRF Direct Local Distributions 6
Union City’s Total DLD History
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Measure BB/VRF Direct Local Distributions 7
Program Eligibilities
Program Purpose Example Investments
Bicycle/Pedestrian Intended to expand and enhance bicycle and pedestrian facilities in Alameda County, focusing on high priority projects like gap closures and intermodal connections.

Union City Bike Lanes Project
Alvarado-Niles Rd Multimodal Corridor
BART At-Grade Ped Crossing Improvements
Pioneer Crosswalk Improvements
Pedestrian & Bike Master Plan Update
Sidewalk, Curb, Gutter Repair Programs
Pedestrian Infrastructure Enhancements
Local Street and
Roads
Intended to maintain and improve local streets and roads in Alameda County, and other local transportation priorities.

Quarry Lakes Parkway
Almaden Safety Improvement Project
Decoto Road Rehabilitation Project
Street Paving Maintenance Programs
Slurry Seal and Overlay Programs
Traffic Signal Maintenance Programs
Transit Intended for transit services, restoration of service cuts, expansion of transit services, and passenger safety and security.

Union City Transit Operations
Fleet and Facilities Maintenance
Seniors and People
with Disabilities
Intended to provide non-mandated services aimed at improving mobility for seniors and persons with disabilities.

Ride-On Tri-City!
Union City’s Annual Paratransit Program
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Measure BB/VRF Direct Local Distributions 8
Thank You!
John Nguyen
Director of Programming and Project Controls
Alameda County Transportation Commission
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City Council Staff Report Page 1 of 1 May 12, 2026
Staff Report
Agenda Item No. 2.2
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Recognizing May 10 – 16, 2026 as National Police Week Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Proclamation
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CITY OF UNION CITY

PROCLAMATION
Recognizing May 10 – 16, 2026 as
National Police Week
WHEREAS, National Police Week is observed each May to honor law enforcement officers who have lost their lives in the line of duty and to recognize the service of officers who protect our communities each day; and
WHEREAS, law enforcement officers serve with courage, professionalism, and care, often placing themselves in harm’s way to protect the safety and well-being of others; and WHEREAS, the members of the Union City Police Department provide dedicated service to the residents, businesses, and visitors of Union City, working each day to promote public safety, build trust, and respond to the needs of the community; and
WHEREAS, Union City joins communities across the nation in remembering all fallen law enforcement officers, including Chief William M. Cann, who gave his life in service to the Union City community; and
WHEREAS, in 2026, the names of 363 fallen law enforcement officers are being added to the National Law Enforcement Officers Memorial in Washington, D.C., including 109 officers who were killed in the line of duty in 2025 and 254 officers from prior years; and WHEREAS, the service and sacrifice of these officers will be honored during the 38th Annual Candlelight Vigil on May 13, 2026, as part of National Police Week; and WHEREAS, May 15 is designated as Peace Officers Memorial Day, a solemn day to remember fallen officers, support their families, and reflect on the risks law enforcement officers face in service to others.

NOW, THEREFORE, the City Council of the City of Union City does hereby proclaim May 10 – 16, 2026, as National Police Week in the City of Union City and encourages all residents to join in honoring the service, sacrifice, and dedication of law enforcement officers in Union City and across the nation.

DATED: May 12, 2026
GARY SINGH, Mayor
JAIME PATIÑO, Vice Mayor
LANCE NISHIHIRA, Councilmember
SCOTT SAKAKIHARA, Councilmember
JEFF WANG, Councilmember
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May 6, 2026
Family of Barry Ferrier
Dear Family Members,
I was saddened to learn of Barry’s passing. Barry and I go back to at least 1988. My first recollection of Barry is when I was appointed to serve on the newly formed Redevelopment Advisory Committee that was tasked with addressing the insolvent Pacific States Steel Corporation property. Today we are proud to showcase that area as the Station District. Barry attended our meetings and his thoughts were an important component of our conversations. In the early 90’s I was appointed to the planning commission and there was Barry, commenting on the important issues of the day (which stretched to years), our Hillside protection policies. In 1997, I was elected to the city council and there was Barry, attending council meetings. He commented on the important issues of the day from should Union City bring back its fire department from Fremont to city finances. As I recall, Barry was on the ad hoc finance committee we formed to address our lacking city revenues. In 2011 and 2012, while I was off the council and in charge of our CERT program, there was Barry, attending our CERT meetings and participating in our drills. I recall one of the drills where Barry and my husband, Mike, were partners practicing putting out fires. In 2012 when I was elected mayor, there was Barry. He attended council meetings and always commented on our economic development efforts. As a result, we created the Economic Development Advisory Committee, EDAT. Of course, there was Barry attending those meetings as well.
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As I have just outlined, Barry’s voice had a meaningful impact on city policy through his steadfast advocacy for the Union City community. He could always be counted on to contribute thoughtfully to important discussions because he genuinely cared about the future of Union City. He also chaired the Citizen Advisory Commission and served tirelessly as a role model, demonstrating how active civic participation can truly make a difference.

Barry exemplified the very best of civic engagement and public service. His dedication helped make Union City a better place for all, and his contributions will not be forgotten.

Sincerely,
Carol Dutra-Vernaci
Former Mayor, Union City

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City Council Staff Report Page 1 of 1 May 12, 2026
Staff Report
Agenda Item No. 4.1
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the April 28, 2026 City Council Special Meeting Action Minutes

RECOMMENDATION
Staff recommends Council approve the meeting minutes.

Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Action Minutes
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Page 1 of 2 ends

MINUTES

CITY OF UNION CITY

CITY COUNCIL

SPECIAL MEETING
GARY SINGH, Mayor
JAIME PATIÑO, Vice Mayor (District 2)
LANCE NISHIHIRA, Councilmember (District 1)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, April 28, 2026 | 6:30 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 6:30 PM.

2. ROLL CALL
Attendance Attendee Name
Present Lance Nishihira, Councilmember
Jeff Wang, Councilmember
Jaime Patiño, Vice Mayor (Remote)
Gary Singh, Mayor
Absent Scott Sakakihara, Councilmember

3. ORAL COMMUNICATIONS - Comments Limited to Items on the Special Meeting Agenda Mayor Singh opened Oral Communications. There being no speakers, Mayor Singh closed Oral Communications.

4. PROCLAMATIONS AND PRESENTATIONS

4.1. Proclamation Recognizing Dean Nissen for Outstanding Volunteer Service to the City of Union City
Mayor Singh read the proclamation aloud and presented it to Dean Nissen, Alternate Commissioner to the Senior Citizens Commission, who accepted the proclamation and provided brief comments.
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4.2. Presentation of Earth Day Poster Contest Winners
Recycling and Solid Waste Program Manager Storti provided a presentation recognizing the 2026 Union City Recycles Poster Contest winners. Certificates were presented to the winners.

5. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:52 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City on May 12, 2026. /s/Thai Nam Pham, MMC, CPMC
City Clerk
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City Council Staff Report Page 1 of 1 May 12, 2026
Staff Report
Agenda Item No. 4.2
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the April 28, 2026 City Council Regular Meeting Action Minutes

RECOMMENDATION
Staff recommends that the Council approve the meeting minutes.

Prepared by: Christopher Chang, Administrative Assistant, Confidential Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Action Minutes
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Page 1 of 7 ends

MINUTES

CITY OF UNION CITY

CITY COUNCIL / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

1. CALL TO ORDER
Mayor Singh called the meeting to order at 7:02 PM.

1.1. Pledge of Allegiance
Mayor Singh led the Pledge of Allegiance.

1.2. Roll Call
Attendance Attendee Name
Present Lance Nishihira, Councilmember
Scott Sakakihara, Councilmember
Jeff Wang, Councilmember
Jaime Patiño, Vice Mayor (Remote)
Gary Singh, Mayor
Absent None
Mayor Singh stated for the record that Vice Mayor Patiño was participating via teleconference pursuant to Government Code Section 54953(b). Vice Mayor Patiño confirmed his participation and that no members of the public were present.

2. ORAL COMMUNICATIONS
Mayor Singh
opened Oral
Communications.

The following
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speakers spoke
on items that
were not on the
agenda:

Susie
Garcia
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There being no further speakers, Mayor Singh closed Oral Communications.

3. CONSENT CALENDAR
Councilmember Nishihira requested Item 3.6 be pulled from the Consent Calendar.

Motion: Approve the Consent Calendar Items 3.1 – 3.5 and Items 3.7 – 3.9.

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

3.1. Approve the April 14, 2026 City Council Special Meeting Action Minutes Approved as part of the Consent Calendar.

3.2. Approve the April 14, 2026 City Council Regular Meeting Action Minutes Approved as part of the Consent Calendar.

3.3. Adopt a Resolution Increasing the Budget Appropriation from $111,500 to $125,000 and Authorizing the City Manager to Execute an agreement with Crime Point, Inc.

Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-042

3.4. Adopt a Resolution Approving an Amendment to the City’s Compensation Plan for Transit Analyst I, and Approving an Amendment to the City’s Classification and Compensation Plan and Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5 Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-043

3.5. Adopt a Resolution of the City Council of the City of Union City Authorizing the Continued Participation of the City of Union City in the Alameda County HOME Consortium for HOME Funds and Authorizing Execution of the Necessary Documents to Maintain the Eligibility of the Consortium for HOME Program Funds in Accordance with the National Affordable Housing Act of 1990
Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-044

3.6. Adopt a Resolution Authorizing the City Manager to Enter into a Consulting Services Agreement Between the City of Union City and David L. Gates and 29 of 375
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Associates, Inc., in a Form Approved by the City Attorney, for On-Call Landscape Consulting Services in an Amount Not to Exceed $300,000 Councilmember Nishihira pulled the item from the Consent Calendar.

3.7. Adopt a Resolution Authorizing the City Manager or Their Designee to Submit an Application to the Metropolitan Transportation Commission (MTC) for the Allocation of Fiscal Year 2026-2027 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding, in the Amount of $155,475, for the Arizona Street Bike Boulevard, City Project No. 25-55
Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-045

3.8. Adopt a Resolution Authorizing the City Manager to Execute the Seventh Amendment to the Consulting Services Agreement with Apex Strategies, in the Amount of $150,000, for a Total Contract Amount of $648,190, for Transportation Strategies Support for the Quarry Lakes Parkway Project, City Project No. 18-04
Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-046

3.9. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to Extend the Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC., for the Sale and Development of a Portion of the Gateway Property (Caltrans Site)
Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-047

3.6. Adopt a Resolution Authorizing the City Manager to Enter into a Consulting Services Agreement Between the City of Union City and David L. Gates and Associates, Inc., in a Form Approved by the City Attorney, for On-Call Landscape Consulting Services in an Amount Not to Exceed $300,000 Councilmember Nishihira pulled this item from the Consent Calendar and requested clarification regarding the procurement process, which was not fully detailed in the staff report.

Economic and Community Development Director Campbell provided clarifications to the process for on-call landscape architect consulting services.

Councilmember Nishihira requested that the City Council consider an ordinance requiring California native plants on public projects.
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Motion: Adopt a Resolution Authorizing the City Manager to Enter into a Consulting Services Agreement Between the City of Union City and David L. Gates and Associates, Inc., in a Form Approved by the City Attorney, for On-Call Landscape Consulting Services in an Amount Not to Exceed $300,000.

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

Enactment No.: Resolution No. 2026-048

4. PUBLIC HEARINGS

4.1. Conduct a Public Hearing and Accept the City of Union City Staff Report and Presentation Adhering to AB 2561 Requirements for Reporting on Vacancy Rates and Recruitment and Retention Efforts
Human Resources Director Castleberry provided staff presentation that included general data about employee demographics and a report on AB 2561. Director Castleberry responded to the Council's questions.

Mayor Singh opened the Public Hearing at 7:20 PM. There being no speakers, Mayor Singh closed the Public Hearing at 7:21 PM.

Councilmember Nishihira requested that employee commute data be included in next year’s report, if available. Mayor Singh and Vice Mayor Patino asked for more employee demographic information by job classification in future reports.

The City Council accepted the staff report and presentation.

4.2. Conduct a Public Hearing and Adopt a Resolution Approving the Master Fee Schedule
Finance Director Thai provided staff presentation and responded to questions from the Council.

Mayor Singh opened the Public Hearing at 7:30 PM. There being no speakers, Mayor Singh closed the Public Hearing at 7:30 PM.

Motion: Adopt a Resolution Approving the Master Fee Schedule.

RESULT: Pass
MOVER: Councilmember Sakakihara
SECONDER: Councilmember Wang
AYES: Councilmembers Nishihira, Sakakihara, Wang, Vice Mayor Patiño, and Mayor Singh
NOES: None
ABSENT: None
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Enactment No.: Resolution No. 2026-049

5. CITY MANAGER REPORTS

5.1. Adopt a Resolution Approving the First Addendum to the Certified East West Connector Final Environmental Impact Report for the Quarry Lakes Parkway Project, Phases (Segments) 1-4, City Project No. 18-04
Public Works Director Ayupan provided staff presentation.

Mayor Singh called the following Speaker Card submitters to speak:

Maria Ramirez
Councilmember Nishihira requested that staff look into a potential mitigation bank in Union City for future projects.

Motion: Adopt a Resolution Approving the First Addendum to the Certified East West Connector Final Environmental Impact Report for the Quarry Lakes Parkway Project, Phases (Segments) 1-4, City Project No. 18-04.

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

Enactment No.: Resolution No. 2026-050

5.2. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Rocky Ridge, LLC, for the Purchase and Sale of the Mitigation Values, in the Amount of $11,050,000, for the Quarry Lakes Parkway Project, Phases 1-4, City Project No. 18-04 – CEQA Review – First Addendum to the East West Connector Project Final Environmental Impact Report – April 2026 Public Works Director Ayupan provided the staff presentation.

Motion: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Rocky Ridge, LLC, for the Purchase and Sale of the Mitigation Values, in the Amount of $11,050,000, for the Quarry Lakes Parkway Project, Phases 1-4, City Project No. 18-04 – CEQA Review – First Addendum to the East West Connector Project Final Environmental Impact Report – April 2026.

RESULT: Pass
MOVER: Councilmember Wang
SECONDER: Councilmember Sakakihara
AYES: Councilmembers Nishihira, Sakakihara, Wang, Vice Mayor Patiño, and Mayor Singh
NOES: None
ABSENT: None
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April 28, 2026 | 7:00 PM Page 6 of 7
City Council / Successor Agency
Regular Meeting Minutes

Enactment No.: Resolution No. 2026-051

5.3. Adopt a Resolution Increasing the Cannabis Business Tax Rate Applicable to Retailers Pursuant to Union City Municipal Code Chapter 3.24 Deputy City Manager Phan provided staff presentation.

Motion: Adopt a Resolution Increasing the Cannabis Business Tax Rate Applicable to Retailers Pursuant to Union City Municipal Code Chapter

3.24. RESULT: Fail
MOVER: Mayor Singh
SECONDER: Councilmember Wang
AYES: Councilmember Wang, and Mayor Singh
NOES: Councilmembers Nishihira, Sakakihara, and Vice Mayor Patiño ABSENT: None
Vice Mayor Patiño requested that a subsequent motion be introduced.

Mayor Singh opened Public Comment.

Susie Garcia
There being no further speakers, Mayor Singh closed Public Comment.

Motion: Direct staff to bring back consideration of increasing the Cannabis Business Tax Rate Applicable to Retailers in January 2027.

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

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

7. ITEMS REFERRED BY COUNCIL
Councilmember Sakakihara reported that he attended the Regular Housing Commission Meeting and the Regular Ava Community Energy Board Meeting on April 15, and the Climate Action Plan Task Force Meeting on April 20.

Councilmember Wang reported that he attended the League of California Cities Summit in Sacramento on April 22 – 23.

Councilmember Nishihira reported that he attended the Alameda County Library Advisory Committee Meeting on April 15, the Legislation and Policy Committee Meeting on April 20, and the Joint Waste Management Authority Energy Council and Planning Commission Recycling Board Meeting on April 22.
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Regular Meeting Minutes
Vice Mayor Patiño reported that he attended the League of California Cities Summit in Sacramento on April 22 – 23 and the League of California Cities Board of Directors Meetings on April 24 – 25.

Mayor Singh reported that he attended the April 21 meeting regarding the Utility Users’ Tax Measure. He also reported that he attended the Legislation and Policy Committee Meeting on April 20 and the League of California Cities Summit on April 22 – 23.

8. GOOD OF THE ORDER
Councilmember Sakakihara reported that he attended the Sister Cities Plaza Renaming Event on April 16, the Citizens for Better Community Dinner on April 19, and the Bay Area Community Health Facility Tour on April 22.

Councilmember Wang reported that he attended the Sister Cities Plaza Renaming Event on April 16. With Council consensus, he requested that the Legislation and Policy Committee consider removing the designation of Cesar Chavez Park and retaining the designation as Old Alvarado Park. He further reported that he attended the Fremont Leadership Prayer Breakfast on April 24.

Councilmember Nishihira reported that he was unable to attend the Sister Cities Plaza Renaming Event on April 16.

Vice Mayor Patiño reported that he attended the HELO Board of Directors Meeting and the Sister Cities Plaza Renaming Event on April 16, the Azimuth Ribbon-Cutting Event on April 20, and the Tiburcio Vasquez Health Center Finance Committee Meeting and Board Meeting on April 23. He also clarified that January 13, 2026, was the last City Council meeting he attended remotely and that he did not attend any meetings remotely in 2025.

Mayor Singh noted that he had received four letters from residents regarding potholes throughout the City.

9. ADJOURNMENT
Mayor Singh adjourned the meeting at 8:44 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council and Successor Agency to the Redevelopment Agency of the City of Union City on May 12, 2026.
/s/Thai Nam Pham, MMC, CPMC
City Clerk and Secretary to the Successor Agency
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City Council Staff Report Page 1 of 2 May 12, 2026
Staff Report
Agenda Item No. 4.3
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving an Amendment to Update the Class Specification for the Classification of Lead Construction Inspector

EXECUTIVE SUMMARY
This report presents a proposed amendment to the class specification for the position of Lead Construction Inspector. The update is intended to better reflect current operational needs, clarify the technical lead's responsibilities, and ensure internal consistency across the class series. The proposed changes do not substantially alter the fundamental purpose of the position but provide clearer guidance regarding duties, minimum qualifications, and competencies. Staff recommends that the City Council adopt a resolution to approve an update to the class specification of Lead Construction Inspector.

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

BACKGROUND
As part of the review of the Lead Construction Inspector class specification, and the needs of the City’s Public Works Department, relative to aligning position functions, experience, and qualifications expectations, staff recommends minor modifications to the classification specification.

DISCUSSION
The proposed changes to the Lead Construction Inspector job description update and clarify the role to match current work practices. The revised version places greater emphasis on the position’s role as a technical lead in the field. This includes giving dayto-day direction, guidance, and support to inspection staff. While the current description mentions indirect supervision, the revised version clarifies that this position does not have full supervisory duties, such as completing employee evaluations or handling disciplinary matters.
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Agenda Item No. 4.3
City Council Staff Report Page 2 of 2 May 12, 2026
The updated duties better describe the work the position is expected to perform. These include coordinating field activities, assisting with contract administration, and improving communication among City staff, contractors, and developers. The new description also adds responsibilities such as reviewing project plans for potential construction issues, leading preconstruction meetings, and ensuring codes and regulations are consistently applied in the field.

The minimum qualifications have also been updated to reflect better the experience required for the job. The new version allows a wider mix of education and experience and places greater emphasis on hands-on inspection work and technical leadership.

Certification requirements have been simplified to match current industry standards.

Overall, these changes make the job description clearer and more accurate. They also strengthen the role of the Lead Construction Inspector as a technical leader and improve how this position fits within the Construction Inspection series. These updates are expected to support better teamwork, clearer roles, and more effective delivery of public works projects.

FISCAL IMPACT
There is no fiscal impact from the proposed changes to the position specification.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification for the Lead Construction Inspector.

Prepared by: Mable Choi, Human Resources Analyst I
Submitted by: Jason Castleberry, Human Resources Director Attachments

1. Draft Resolution

2. Exhibit A – Lead Construction Inspector (redlined)

3. Exhibit B – Lead Construction Inspector (clean)
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RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AN AMENDMENT TO UPDATE THE CLASS

SPECIFICATION FOR THE LEAD CONSTRUCTION INSPECTOR
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the classification of Lead Construction Inspector; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification to update the class specification for the classification of Lead Construction Inspector; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness, to align critical city services with current staffing levels by ensuring the accuracy and clarity for the classification of Lead Construction Inspector; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated classification of Lead Construction Inspector, attached hereto and incorporated herein by reference, effective May 12, 2026; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classification of Lead Construction Inspector. 38 of 375
Resolution No. 2026-XXX
Update Class Specification for Lead Construction Inspector

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on May 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachments:

1. Exhibit A – Lead Construction Inspector (redlined)

2. Exhibit B – Lead Construction inspector (clean)
APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
39 of 375
1 LEAD CONSTRUCTION INSPECTOR
Bargaining Unit: Professional Employee Group
FLSA Status: Non-Exempt
Class Code: 301853026
Created: 11/8/2022Created:
11/8/2022 Updated: 4/3/2026
Updated: 1/22/20264/3/2026
DEFINITION:

Under general supervision of the Supervising Construction Inspector, the Lead Constructionor Inspector performs complex and specialized inspection work related to public works construction projects. Responsibilities include inspecting work quality and materials to ensure conformance with approved plans, specifications, codes, and regulations; coordinating field activities; providing technical guidance to inspection staff; and maintaining records and preparing reports related to assigned projects.work involved in the inspection of work quality and materials used in a variety of ublic construction projects and related areas to ensure conformance with approved plans, specifications and departmental regulations; and to maintain records and prepare reports pertaining to projects inspected.

CLASS CHARACTERISITICS:

This is the advanced journey-level classification in the Construction Inspection series that serves as a technical field lead. Positions in this class are expected to exercise a high degree of independent judgment, initiative, and technical expertise in the performance of assigned duties.

This classification is distinguished from the Public Works Inspector by its responsibility for performing the most complex and difficult inspection assignments and for providing day-to-day field direction, guidance, and mentoring to inspection staff.

This classification is distinguished from the Supervising Construction Inspector in that it does not have full supervisory responsibility for staff, including performance evaluations, discipline, or program administration, but may provide input on staff performance and assist in coordinating field activities. Positions in this class perform at journey-level, complex inspections requiring independent planning, judgement, and initiative. The Lead Construction Inspector classification is distinguished from the Public Works Inspector class by the responsibility to perform journey-level, complex work for the entire spectrum of the Public Works constructions projects and provide training and technical expertise to Public Works Inspection staff. Exercises indirect supervision over inspection staff.

EXAMPLES OF DUTIES (illustrative only):
• Serves as a technical lead in the field, providing guidance and expertise to inspection staff on complex or non-standard construction issues Leads and 40 of 375
2 provides guidance and technical expertise to other Public Works Inspection staff and
• Provides day-to-day field direction, coordinates work assignments, and offers input to supervisory staff regarding inspector performance and project staffing needs. assists in the supervision, scheduling, coordination and evaluation of inspection staff.
• Provides on-the-job training and mentoring to inspection staff in proper inspection techniques, interpretation of plans and specifications, and application of codes, standards and regulations. Provides training to Public Works Inspection staff; ensures uniform application of the appropriate codes, rules and regulations, and conducts joint field inspections when needed. • Promotes consistent application of codes, rules, and regulations through field coordination and communication with inspection staff and supervisory personnel. • Coordinates and performs contract administration activities for assigned projects, including reviewing submittals, tracking quantities, and assisting with change orders, extra work orders, contractor claims, and progress payments.Administers construction contracts through the review and approval process, including arrangements for material quality control tests through outside laboratories, the preparation of extra work orders, change orders, contractor claims, progress schedules, city acceptance, and final payments. • Reviews plans and specifications of assigned projects; identifies potential constructability issues and communicates concerns to engineering and supervisory staff. arranges and conducts preconstruction meetings for construction projects.
• Participates in and may facilitate preconstruction meetings with contractors, developers, and project stakeholders.
• Inspects work quality and materials used in a variety of public works projects to ensure compliance with approved plans, specifications, codes and ordinances. • Inspects materials and various structures—such including as utilities, streets, sidewalks, gutters and other off-site construction and related infrastructure; as well as checks line, grade, size, elevation and location of structures—for identification and conformance to specifications and regulations. • Observes work during progress and upon completion; ensures that adherence to safety practices and applicable regulations.procedures are followed. • Monitors, inspects and documents work performed under capital improvement projects and encroachment or grading permits; verifies compliance with approved plans and permit conditions.approves completion of work done under an encroachment permit grading permits and capital improvement projects; ensures that all specified conditions are met.
• Records amounts quantities of materials used and work performed; prepares necessary reports and documentation to supportfor progress payments and project records.
• Performs basic engineering calculations related to quantities, grades, and elevations; compares field measurements to design plans.Makes engineering calculations of quantities and grades involving math, records and compares 41 of 375
3 quantity of materials used to theoretical quantities; prepares activity records and reports.
• Coordinates and communicates field-related design clarifications between City staff, engineers, contractors, and developers. design alterations between City staff and the developer.
• Responds to routine field-related inquiries and concerns from the public; refers complex or sensitive issues to supervisory staff.Receives and responds to citizen issues and concerns.
• Performs related duties as assigned.

MINIMUM QUALIFICATIONS:

EDUCATION AND EXPERIENCE:

Any combination of education, training, and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
• Equivalent to a bachelor’s degree from an accredited college or university in civil engineering, construction management, or a closely related field, is preferred but not required.
• Four (4) years of increasingly responsible construction inspection experience in public works or related infrastructure projects;
AND
• One (1) year of experience providing technical direction, lead responsibilities, or advanced-level inspection support on public works construction projects.

Possession of a bachelor’sBachelor’s degree in engineering, construction management, or a related field.

AND
Three Four (34) years of increasingly responsible construction inspection experience in street/highway construction and training in a field related to the inspection of constructionpublic works or related infrastructure project.

Two One (21) years of experience providing technical direction, lead responsibilities, or advanced-level inspection support on public works construction projects.in a lead role in public works construction projects or construction inspection.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s License with a satisfactory driving record. 42 of 375
4 Certification as a Construction Inspector by the American Public Works Association (APWA), or equivalent, to be obtained within one (1) year of appointment.State registration as a Construction Inspector must be obtained within one (1) year of employment from American Public Works Association (APWA).

KNOWLEDGE AND ABILITIES:

Knowledge Of:
• Principles, methods, materials, equipment and safety hazards of construction. • Applicable laws, regulations, codes and departmental policies governing the construction of assigned projects.
• Defects and faults in construction.
• Basic mathematics including algebra, geometry and trigonometry as applied to construction inspection work.
• Basic soil mechanics and geology.
• Principles of engineering as applied to construction inspection. • Engineering mechanics of structures.

Ability To:
• Understand and interpret engineering plans and specifications and prepare accurate engineering records.
• Provide technical leadership and guidance to Public Works Inspector staff in field operations. Be a Team Leader in the operations of the Public Works Inspector staff.
• Deal firmly and tactfully with contractors, engineers and property owners. • Communicate effectively, both orally and in writing.
• Detect and locate faulty materials and poor work quality and determine the stage of construction during which defects are most easily found and remedied. • Analyze construction plans, specifications and maps; prepare correspondence and technical reports.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

The City of Union City is an equal opportunity employer. The City will comply with all applicable laws to provide equal employment opportunities to qualified individuals with disabilities.The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

During the course of performing the functions of this position, the employee may encounter the following conditions:
43 of 375
5 Wworking indoors, working outdoors, temperature changes, ladder use, moving machinery, dust, fumes/smoke/gasses, chemicals, noise, electrical energy, computer monitor use, solvents, greases, oil, vibration, open flames, explosives, traffic hazard, work hazard, biohazards, confined spaces, working alone or with other individuals.

Travel: Positions in this class may require local and statewide travel as necessary. 44 of 375
1 LEAD CONSTRUCTION INSPECTOR
Bargaining Unit: Professional Employee Group
FLSA Status: Non-Exempt
Class Code: 3026
Created: 11/8/2022
Updated: 4/3/2026
DEFINITION:

Under general supervision of the Supervising Construction Inspector, the Lead Construction Inspector performs complex and specialized inspection work related to public works construction projects. Responsibilities include inspecting work quality and materials to ensure conformance with approved plans, specifications, codes, and regulations; coordinating field activities; providing technical guidance to inspection staff; and maintaining records and preparing reports related to assigned projects.

CLASS CHARACTERISTICS:

EXAMPLES OF DUTIES (illustrative only):
• Serves as a technical lead in the field, providing guidance and expertise to inspection staff on complex or non-standard construction issues • Provides day-to-day field direction, coordinates work assignments, and offers input to supervisory staff regarding inspector performance and project staffing needs.
• Provides on-the-job training and mentoring to inspection staff in proper inspection techniques, interpretation of plans and specifications, and application of codes, standards and regulations.
• Promotes consistent application of codes, rules, and regulations through field coordination and communication with inspection staff and supervisory personnel. • Coordinates and performs contract administration activities for assigned projects, including reviewing submittals, tracking quantities, and assisting with change orders, extra work orders, contractor claims, and progress payments. 45 of 375
2 • Reviews plans and specifications of assigned projects; identifies potential constructability issues and communicates concerns to engineering and supervisory staff.
• Participates in and may facilitate preconstruction meetings with contractors, developers, and project stakeholders.
• Inspects work quality and materials used in a variety of public works projects to ensure compliance with approved plans, specifications, codes and ordinances. • Inspects materials and various structures including utilities, streets, sidewalks, gutters and other off-site construction and related infrastructure; checks line, grade, size, elevation and location for conformance to specifications and regulations.
• Observes work during progress and upon completion; ensures adherence to safety practices and applicable regulations.
• Monitors, inspects and documents work performed under capital improvement projects and encroachment or grading permits; verifies compliance with approved plans and permit conditions.
• Records quantities of materials used and work performed; prepares reports and documentation to support progress payments and project records. • Performs basic engineering calculations related to quantities, grades, and elevations; compares field measurements to design plans. • Coordinates and communicates field-related design clarifications between City staff, engineers, contractors, and developers.
• Responds to routine field-related inquiries and concerns from the public; refers complex or sensitive issues to supervisory staff.
• Performs related duties as assigned.

MINIMUM QUALIFICATIONS:

EDUCATION AND EXPERIENCE:

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

Certification as a Construction Inspector by the American Public Works Association (APWA), or equivalent, to be obtained within one (1) year of appointment.

KNOWLEDGE AND ABILITIES:

Ability To:
• Understand and interpret engineering plans and specifications and prepare accurate engineering records.

Provide technical leadership and guidance to Public Works Inspector staff in field operations.
• Deal firmly and tactfully with contractors, engineers and property owners. • Communicate effectively, both orally and in writing.
• Detect and locate faulty materials and poor work quality and determine the stage of construction during which defects are most easily found and remedied. • Analyze construction plans, specifications and maps; prepare correspondence and technical reports.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

The City of Union City is an equal opportunity employer. The City will comply with all applicable laws to provide equal employment opportunities to qualified individuals with disabilities.

During the course of performing the functions of this position, the employee may encounter the following conditions: working indoors, working outdoors, temperature changes, ladder use, moving machinery, dust, fumes/smoke/gasses, chemicals, noise, electrical energy, computer monitor use, solvents, greases, oil, vibration, open flames, 47 of 375
4 explosives, traffic hazard, work hazard, biohazards, confined spaces, working alone or with other individuals.

Travel: Positions in this class may require local and statewide travel as necessary. 48 of 375
City Council Staff Report Page 1 of 3 May 12, 2026
Staff Report
Agenda Item No. 4.4
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Accepting a Grant from First 5 Alameda County, Measure C – First 5 Early Care and Education Emergency Grant in the Amount of $50,000, and Increase Community and Recreation Services Revenue Projections for Holly Preschool

EXECUTIVE SUMMARY
Union City staff secured a $50,000 Measure C grant from First 5 Alameda County to support the City’s early childhood education program at Holly Preschool. The funding provides short-term operational relief for childcare providers and helps programs remain open amid countywide childcare shortages.

Staff is recommending that the City Council adopt a resolution to accept the First 5 Early Care and Education Emergency Grant of $50,000 from First 5 Alameda County, Measure C, in the Amount of $50,000, and increase the Community and Recreation Services Revenue Projection for Holly Preschool.

STRATEGIC PLAN ALIGNMENT
This agenda item does not align with a specific goal or strategy. Still, it is required to receive Grant funds and allocated public service grants, both of which support the City’s overall mission to create and provide effective, high-quality services that foster a high quality of life and economic vitality.

BACKGROUND
The Measure C Child Care Grant Program provides one-time funding to eligible Family Child Care programs and childcare centers throughout Alameda County. These grants are funded through Measure C, the Children’s Health and Child Care Initiative for Alameda County, approved by Alameda County taxpayers.
49 of 375
Agenda Item No. 4.4
City Council Staff Report Page 2 of 3 May 12, 2026
The funding is intended to help early childcare and education providers:
• Remain open and operational
• Improve facilities
• Purchase furniture, equipment, and classroom supplies • Support and retain childcare staff
• Address childcare shortages within the community
Grant awards are based on licensed program capacity. The City’s Preschool Program qualifies under the Small Child Care Center category and is eligible to receive $50,000 in one-time grant funding.

A portion of the grant award must be directed toward educator support and staffing costs.

The lack of accessible and affordable childcare continues to impact families throughout Alameda County. Reliable childcare allows families to maintain employment, supports child development, and contributes to the economic stability of the community. This funding will help strengthen and sustain local early childhood education services.

Grant awards are contingent upon approval by the First 5 Alameda County Commission and the Alameda County Board of Supervisors as part of the Child Care, Preschool, and Early Education 5-Year Program Plan and Budget process.

DISCUSSION
The proposed grant funding will support preschool operations and staff. Funding may be used for classroom materials, supplies, facility improvements, and staff support initiatives.

Final distribution amounts for staff support will be determined in accordance with grant guidelines and program needs.

Acceptance of this funding will assist the Preschool Program in maintaining quality services, supporting staff retention, and addressing operational needs during ongoing economic challenges affecting the childcare industry.

FISCAL IMPACT
The City of Union City will receive $50,000 in one-time Measure C Child Care Grant funding into account 24152031-44502 [CRS Fund, Licensed Pre-School Program, Misc County/Local Grant revenues]. No matching funds are required. Funding will be appropriated into the Preschool Program budget and utilized in accordance with grant requirements. The City can use these funds to cover eligible expenses dating back to January 1, 2025, and must be used by June 30, 2026.

There is no impact on the City’s General Fund.

RECOMMENDATION
Adopt a Resolution accepting a Grant from First 5 Alameda County, Measure C – First 5 Early Care and Education Emergency Grant in the amount of $50,000, and authorize the City Manager to execute the necessary documents to receive the grant from First 5 Alameda County.
50 of 375
Agenda Item No. 4.4
City Council Staff Report Page 3 of 3 May 12, 2026
Prepared by: Tony Silvera, Recreation Administrative Technician Submitted by: Laura Buzo, Community and Recreation Services Director Attachments

1. Draft Resolution
51 of 375
RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING A GRANT FROM FIRST 5 ALAMEDA COUNTY, MEASURE
C – FIRST 5 EARLY CARE AND EDUCATION EMERGENCY GRANT IN THE AMOUNT OF $50,000, INCREASING COMMUNITY AND

RECREATION SERVICES REVENUE PROJECTION FOR HOLLY

PRESCHOOL
WHEREAS, on November 24, 2025, the City of Union City began the application process for a grant from First 5 Alameda County to pay for the Community and Recreation Services Department, Holly Preschool early educators and assistance, buy supplies, and support general childcare operations; and
WHEREAS, on May 12, 2026, the City received notification of the award of a grant, in the amount of $50,000, Measure C – First 5 Early Care and Education Emergency (ECEE) Grant; and
WHEREAS, the funds will support the Community and Recreation Services Department to provide a stipend to the Holly Preschool early educators and assistance, purchase supplies, materials, and equipment, and for minor renovations; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City hereby accepts $50,000 from First 5 Alameda County, ECEE Program.

BE IT RESOLVED, that the City Council of the City of Union City hereby authorizes an increase in the revenue projections in the Holly Preschool First 5 Grant Fund, Account Number 24152031-44502 [CRS Fund, Licensed Pre-School Program, Miscellaneous County/Local Grant revenues] by $50,000.

BE IT FURTHER RESOLVED, that the City Council of the City of Union City hereby authorizes an appropriation of $50,000 to the Holly Preschool First 5 Grant Fund. 52 of 375
Resolution No. 2026-XXX
First 5 Alameda County Grant Acceptance

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on 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
53 of 375
City Council Staff Report Page 1 of 3 May 12, 2026
Staff Report
Agenda Item No. 4.5
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving a Pre-qualified List of Environmental Consultants for California Environmental Quality Act (CEQA) Services

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution (Attachment 1) approving a pre-qualified list of qualified environmental consulting firms to provide services related to the California Environmental Quality Act (CEQA).

STRATEGIC PLAN ALIGNMENT
While this agenda item does not align with a specific Strategic Plan goal, approval of the qualified list of CEQA consultants will streamline future procurement, reduce project timelines, and support high-quality environmental review for development projects.

BACKGROUND
The City is required to comply with CEQA when evaluating discretionary projects, including preparation of environmental documents such as Initial Studies, Mitigated Negative Declarations (MNDs), and Environmental Impact Reports (EIRs). Due to the technical nature of CEQA analysis, the City relies on on-call environmental consultants to assist with document preparation and technical studies.

To improve efficiency and ensure consistency in consultant selection, the City issued a Request for Qualifications (RFQ) to establish a pre-qualified list of firms with expertise in CEQA and related disciplines. The proposed pre-qualified list will allow the City to efficiently retain firms with demonstrated expertise in CEQA compliance, environmental analysis, and document preparation.

DISCUSSION
The City released an RFQ on April 1, inviting qualified firms to submit statements of qualifications for CEQA consulting services. See Attachment 2 for the “CEQA Request for Qualifications” document. Submittals were evaluated based on:
54 of 375
Agenda Item No. 4.5
City Council Staff Report Page 2 of 3 May 12, 2026
• Experience with CEQA compliance and documentation
• Technical expertise across environmental resource areas • Demonstrated ability to meet schedules and budgets
• Qualifications of key personnel
• Familiarity with local and regional regulatory context Following the evaluation, staff identified a group of highly qualified firms to be included on the pre-qualified list, most of which the City has worked with in the past. The pre-qualified list of these firms is labeled Exhibit A and attached to the draft Resolution. A link to the pre-qualified CEQA consultant submittals can be located here.

The pre-qualified list will be used to:
• Assign work on a project-specific basis
• Solicit proposals among the pre-qualified firms for current planning and longrange projects • Ensure rapid consultant procurement for time-sensitive projects Consultants may be retained for services including, but not limited to:
• Preparation of CEQA documents (Initial Studies, Mitigated Negative Declarations, EIRs (Including Focused, Subsequent, and Supplemental), Addenda)
• Technical studies (traffic, air quality, noise, biological resources, etc.) • Peer review of applicant-prepared environmental documents The list will be valid for five years or until superseded.

FISCAL IMPACT
There is no direct fiscal impact from approving the list of qualified CEQA consultants.

Typically, when the City brings on an environmental consultant to prepare a CEQA document, the costs are borne by the developer.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment 1) approving a pre-qualified list of qualified environmental consulting firms to provide services related to the California Environmental Quality Act (CEQA).

Prepared by: Carmela Campbell, Economic and Community Development Director Submitted by: Carmela Campbell, Economic and Community Development Director 55 of 375
Agenda Item No. 4.5
City Council Staff Report Page 3 of 3 May 12, 2026
Attachments

1. Draft Resolution

2. Exhibit A- List of Pre-qualified Firms

3. CEQA RFQ
56 of 375
RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING A PRE-QUALIFIED LIST OF QUALIFIED

ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES

RELATED TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City is required to comply with CEQA when evaluating discretionary projects, including preparation of environmental documents such as Initial Studies, Mitigated Negative Declarations (MNDs), and Environmental Impact Reports (EIRs). Due to the technical nature of CEQA analysis, the City relies on on-call environmental consultants to assist with document preparation and technical studies; and WHEREAS, to improve efficiency and ensure consistency in consultant selection, the City issued a Request for Qualifications (RFQ) to establish a pre-qualified list of firms with expertise in CEQA and related disciplines. Establishing a pre-qualified list will allow the City to efficiently retain firms with demonstrated expertise in CEQA compliance, environmental analysis, and document preparation; and
WHEREAS, the City released the RFQ on April 1, inviting qualified firms to submit statements of qualifications for CEQA consulting services. Following the evaluation, staff identified a group of highly qualified firms to be included on the pre-qualified list, the majority of which the City has worked with in the past. The pre-qualified consultant list is labeled Exhibit A, attached hereto and made a part hereof; and WHEREAS, the approved list will be used to: 1) assign work on a project-specific basis, 2) solicit proposals among the pre-qualified firms for current planning and longrange projects, 3) ensure rapid consultant procurement for time-sensitive projects; and WHEREAS, consultants may be retained for services including, but not limited to:
preparation of the following: 1) Initial Studies, Mitigated Negative Declarations, EIRs (Including Focused, Subsequent, and Supplemental), and Addendums; 2) technical studies (traffic, air quality, noise, biological resources, etc., and 3) peer review of applicant-prepared environmental documents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City approves the list of pre-qualified consultants to provide CEQA services included in Exhibit A; and
BE IT FURTHER RESOLVED that the pre-qualified CEQA consultant list shall expire five years from the date of approval or until it is superseded; and 57 of 375
Resolution No. 2026-XXX
RFQ CEQA Pre-Qualified List

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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 – List of Prequalified CEQA Consultants
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Exhibit A
Name Full CEQA Services
Versus Single Focus
1 Ascent Full CEQA Services
2 Biomass Biological/Cultural Resources
3 Circlepoint Full CEQA Services
4 David J. Powers &
Associates
Full CEQA Services
5 EMC Planning Group Full CEQA Services
6 First Carbon Solutions Full CEQA Services
7 Helix Environmental
Planning
Full CEQA Services
8 ICF Environmental, Inc. Full CEQA Services
9 Kleinfelder Cultural Resources
10 Lamphier-Gregory Full CEQA Services
11 M-Group Full CEQA Services
12 PlaceWorks Full CEQA Services
13 Raney Planning &
Management
Full CEQA Services
14 Stantec Full CEQA Services
15 Ultra Systems Full CEQA Services
16 Urban Planning Partners Full CEQA Services
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Request for
Qualifications

ON-CALL ENVIRONMENTAL CONSULTANT SERVICES
City of Union City
Issued: April 1, 2026
Responses Due: April 15, 2026 – 5:00 P.M.

Contact: Mayank Patel, Senior Planner ([email protected]) Attachment 2
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CONTENTS

1. Summary .............................................................................................................. 3

2. Introduction........................................................................................................... 3

3. Scope of Services................................................................................................. 5

4. Schedule .............................................................................................................. 6

5. Submittal Requirements ....................................................................................... 6

6. Evaluation of Responses...................................................................................... 8

7. Submittal Instructions ........................................................................................... 9

8. Contact ................................................................................................................. 9

9. Terms and Conditions........................................................................................... 9

10. Attachment(s) ..................................................................................................... 10 61 of 375
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1. SUMMARY
The City of Union City (City) is seeking qualified consultants to prepare and process environmental review documentation for development projects and long-range planning initiatives pursuant to the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA). Based on responses to this Request for Qualifications (RFQ), the Economic and Community Development Department intends to establish an Environmental Analysis Prequalified Consultant List (List) from which the Planning Division will select consultants for City- and privately-sponsored projects requiring environmental review expertise. The City anticipates selecting at least two consultants for inclusion on the List.

Parties (e.g., Firms; persons) submitting a Statement of Qualifications (SOQ) in response to this RFQ are referred to herein as “Respondents.” Respondents must direct any questions regarding this RFQ to Mayank Patel, Senior Planner, via email at [email protected], no later than 5:00 p.m. on April 9, 2026. Completed SOQs must be received by the City no later than 5:00 p.m. on Wednesday, April 15, 2026.

Submittals received after this deadline will not be accepted or considered.

2. INTRODUCTION
A. Background
Union City is located within the “East Bay” of the San Francisco Bay Area, at the edge of Silicon Valley. The city is along the Interstate 880 (I-880) corridor, 20 miles north of San Jose and 20 miles south of Oakland. The cities of Hayward and Fremont surround the city to the north and south. Scenic hillsides frame the eastern edge of the city, and the San Francisco baylands form the western boundary.

Union City is well connected to the regional transportation system, with I-880 and direct access to State Route 84 (Dumbarton Bridge) that connect the city to the Peninsula and Silicon Valley. The Intermodal Station is served by Bay Area Rapid Transit (BART), Union City Transit and AC Transit, and Dumbarton Express bus lines, and is planned to provide passenger rail connections in the future.

Union City is home to a diverse population of nearly 73,000 people from many different cultural, racial, ethnic, and religious groups. Over 45 percent of residents in the city were born outside the United States. This diversity is one of Union City’s greatest strengths and a unifying element of the community.
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B. Purpose
The City is issuing this RFQ to establish an Environmental Analysis Prequalified Consultant List (List) to support the Planning Division with environmental impact analyses, including services under the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA). The City invites Statements of Qualifications (SOQs) from qualified persons or firms with demonstrated expertise in environmental review, in conformance with applicable federal, state, and local regulations, including all relevant environmental review streamlining legislation.

C. Structure & Composition
Upon evaluation of submitted SOQs, the City intends to establish a List comprising at least two multi-disciplinary teams, which may utilize subconsultants, to provide on-call environmental review services. The City may also include single-focus area firms that specialize in specific fields of study.

Multi-disciplinary firms may be engaged to prepare comprehensive environmental documents, including but not limited to, Initial Studies, Mitigated Negative Declarations, Environmental Impact Reports (EIRs), Addenda, and Exemptions. Whereas single-focus area firms may be engaged to provide resource-specific analyses or technical reports for use by City staff in the preparation of Initial Studies, EIRs, and other CEQA documents.

Respondents included on the List will provide services under the terms of the City’s standard Consulting Services Agreement, which is attached to this RFQ and may be amended from time to time. The City has not yet determined whether it will enter into Master Agreements with each listed firm or execute project-specific contracts as Respondents are selected. A combination of both approaches may be utilized.

The List will have an initial term of four years. The City reserves the right to amend or revise the List at any time. Respondents included on the List will have the opportunity to update their billing rates on a biennial basis.

D. Use & Maintenance
The List will be maintained by the Planning Division and may be used in the context noted below.
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• Private Projects. Respondents may be selected on an as-needed basis to prepare environmental analysis for private development projects requiring third-party environmental review.
• Planning Division Projects. Respondents may be selected for Citysponsored planning efforts, including but not limited to the preparation of longrange planning documents. • Other City Projects. The List will be made available to other City departments and divisions, which may select and contract with Respondents from the List at their discretion but are not required to do so.

E. Selection
The City reserves the right to select any Respondent from the List based on firm qualifications and the specific needs of a project. The City may solicit project-specific scopes and fee proposals from multiple firms on the List to inform its selection. Inclusion on the List does not guarantee a contract. The City may use the List at its sole discretion on an as-needed basis, and the volume and type of work assigned to any Respondent will vary depending on the nature and complexity of individual projects.

3. SCOPE OF SERVICES
The selected consultants may be engaged to facilitate, lead, or assist Planning staff with environmental review. The anticipated scope of services for on-call environmental review may include, but is not limited to, the topics/items noted in the following sections. All deliverables produced under this engagement must comply with applicable accessibility requirements under Title II of the Americans with Disabilities Act (ADA). Respondents must confirm in their SOQ their ability to produce ADA-compliant deliverables and describe their general approach to meeting this requirement.

A. Multi-Disciplinary Firms
• Preliminary review of development projects for CEQA purposes. • Environmental exemptions.
• Addenda to previously approved and certified environmental documents. • Initial Studies, including all applicable technical reports to support a defensible CEQA determination.
• Negative Declarations.
• Mitigated Negative Declarations.
• Mitigation Monitoring and Reporting Programs (MMRP).
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• Environmental Impact Reports (EIRs).
• All required CEQA notices, including Notices of Intent, Preparation, and Determination.
• Peer review of CEQA documents prepared by project applicants.

B. Single-Focus Area Firms
• Biological Resource Assessments and Wetland Delineations. • Cultural Resources Assessments.
• Noise Studies.
• Native American Consultations (AB 52/SB 18).

4. SCHEDULE
This RFQ was issued on April 1, 2026. The deadline to submit questions is April 9, 2026, by 5:00 p.m., and completed SOQ must be received before 5:00 p.m. on April 15, 2026.

Please note that all dates are subject to change; any modifications will be communicated via addendum and posted on the City’s RFP, Bids, and Notices webpage. All Project correspondence will also be posted on the City’s RFP, Bids, and Notices webpage, as necessary. It is the responsibility of Respondents to monitor the webpage for updates and addenda. All submitted materials will become part of the public record. Respondents are advised not to include confidential or proprietary information in their SOQ.

5. SUBMITTAL REQUIREMENTS
To be considered for the List, Respondents must submit all of the following information listed below. The SOQ must be prepared in single-spaced type, 12-point Arial font, on equivalent of 8.5” x 11” sheets. Smaller fonts may be used for graphics labels, charts, figures, tables, and footnotes; however, such use should be applied sparingly. Pages must be numbered to show the page numbers and total number of pages (e.g., Page 1 of 10).

A. Cover Letter
Respondents shall provide a one-page cover letter, signed by an individual with authority to bind the firm. The cover letter shall include the firm’s name; a brief description of the firm and the office location that will be performing the work; and the name, title, and contact information of individual(s) authorized to bind the firm and to serve as point(s) of contact during the SOQ evaluation period.
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B. Statement of Qualifications
Respondents shall provide a SOQ that does not exceed 20 double-sided pages. The SOQ shall include the following sections.

Introduction and Executive Summary
Respondents shall provide a brief introduction and executive summary, not to exceed two double-sided pages, describing the firm’s skills and experience as they relate to this RFQ.

Firm and Team Qualifications
Respondents shall provide a comprehensive overview of the firm’s background and qualifications, not to exceed 18 double-sided pages. This section should demonstrate the firm’s subject matter expertise and capacity to provide to the scope of services outlined in this RFQ, supported by brief resumes for key personnel.

Respondents shall also describe the firm’s approach to quality control, including how quality control procedures are standardized and applied across projects. Additionally, Respondents shall confirm the firm’s ability to produce deliverables that comply with the accessibility requirements of Title II of the Americans with Disabilities Act (ADA) and describe their general approach to meeting this requirement.

To demonstrate relevant experience, Respondents shall provide descriptions of no more than four projects that are representative of the firm’s experience and qualifications. For each project, Respondents shall provide:
• A summary of the work performed.
• The role of firm and key personnel that performed the task. • The role of client and/or staff.
• Adherence to project budget and schedule.
• Key outcomes or lessons learned.

Each project description is limited to two, double-sided pages. Finally, Respondents shall include a list of all clients for whom the firm has performed work within the past twelve months.

C. References
Respondents shall provide the name, address, telephone number, and email address of at least three recent clients, with preference given to references from representatives of lead agencies. Please note that where a reference reflects a conflict of interest with a specific project, the Respondent’s SOQ will be excluded from consideration for that 66 of 375
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project, and the reference will be removed from the evaluation process accordingly.

References shall not exceed more than one double-sided page.

D. Fee Schedule
Respondents shall submit a fee schedule, not to exceed two double-sided pages, that includes hourly rates for all team members and key positions. Submitted hourly rates and itemized costs may be used to negotiate contracts resulting from this RFQ. Rates assigned to specific staff and key positions will remain in effect for two years from the date of placement on the List, with an opportunity to submit an updated fee schedule on a biennial basis thereafter.

E. Standard Agreement Review & Acceptance
The City’s Standard Consulting Services Agreement (CSA) is attached to this RFQ.

Respondents are required to review the Standard CSA, which may be amended from time to time, and include a statement of agreement in their SOQ. Any questions, concerns, or objections regarding the terms of the Standard CSA must be submitted in writing as part of the SOQ response. The City will consider noted objections during the evaluation process; however, Respondents should be aware that the City's ability to modify its standard terms may be limited.

6. EVALUATION OF RESPONSES
The City intends to select Respondents that will provide the best overall value and quality of services. The City reserves the right to include Respondents on the Environmental Analysis Prequalified Consultant List on bases other than the lowest priced services.

City staff will conduct an initial review of all submitted SOQs for general responsiveness and compliance with the requirements of this RFQ. SOQs that fail to meet the minimum submittal requirements or are deemed insufficiently responsive will not be considered further.

SOQs that satisfy the minimum requirements will be evaluated by City with regard to the following:
• Overall quality and responsiveness of the SOQ.
• Relevant experience and team qualifications.
• Project management approach and practices.
• References from other projects.
• Fee schedule and cost effectiveness.
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• Firm capacity (availability and ability to respond in a timely manner). • ADA compliance capability.

The City reserves the right to accept or reject any or all SOQs without penalty and to act in the best interest of the City. Acceptance of a submittal during the selection process does not constitute a contract or obligate the City to award any work.

7. SUBMITTAL INSTRUCTIONS
Reponses must be emailed as a single .pdf file, which is not to exceed 20 megabytes, to Mayank Patel at [email protected]. The email subject line must be: Response to RFQ: On-Call Environmental Consultant Services - [Name of Organization].

Responses must be submitted by 5:00 p.m. on Wednesday, April 15, 2026. Late responses will not be accepted. It is the responsibility of the Respondent to ensure the submission is received by the stated deadline. The City will acknowledge receipt of each submission once it is received; however, no submissions will be reviewed prior to the deadline.

8. CONTACT
All communications related to this RFQ must be submitted in writing via email and directed to the contact person listed below. Oral communications will not be considered official or binding to the City.

Contact Person:

Mayank Patel, Senior Planner
Economic & Community Development Department – Planning Division 34009 Alvarado-Niles Road, Union City, CA 94587
[email protected]
(510) 760-9425

9. TERMS AND CONDITIONS
A. City Rights
This RFQ does not constitute a binding offer or commitment from the City to enter into a contract. The City is under no obligation to reimburse any costs incurred in preparation and/or submission of SOQs, or in anticipation of a contract. Furthermore, the City reserves the rights noted in the following sections.
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1. Postponement. The City reserves the right to delay the opening of SOQs for its convenience.

2. Rejection. The City reserves the right to reject any or all SOQs without explanation.

3. Schedule. The City reserves the right to modify, at any time, the schedule provided in this RFQ.

4. Sole Discretion. The City reserves the right to make its selection based on its own judgment and criteria.

5. Technical Corrections. The City reserves the right to correct errors or inconsistencies in the RFQ process.

6. Waivers. The City reserves the right to waive minor technicalities or irregularities in the RFQ process.

B. Liability for RFQ Errors
Respondents are solely responsible for all errors and omissions contained in their responses to the RFP.

C. Nondiscrimination
By submitting a response pursuant to this RFQ, the Respondent represents that it and its subsidiaries and any proposed individual subconsultants do not and will not discriminate against any employee or respondent for employment on the basis of race, religion, sex, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions, political affiliations or opinion, age or medical condition.

D. Oral and Written Explanations
The City shall not be bound by oral explanations or instructions given at any time during the RFQ process or after the selection process. Written responses to questions asked by any one Respondent may be provided to all other Respondents to this RFQ.

10. ATTACHMENT(S)

1. Consulting Services Agreement
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND
[CONSULTANT]

FOR ENVIRONMENTAL REVIEW SERVICES
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and [Consultant], a corporation, with offices located at Enter Address, (“Consultant”), (together referred to as the “Parties”) as of Enter Date. (the “Effective Date”).

SECTION 1. SERVICES
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services (Professional Services Agreement) attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Terms of Services.

The term of this Agreement shall begin on the Effective Date and shall end on Enter Date., and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance.

Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel.

Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 70 of 375
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1.4 Time is of the Essence.

Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Services, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

SECTION 2. COMPENSATION
City hereby agrees to pay Consultant a sum not to exceed [Spell out Dollar Amount] ($X,XXX), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices.

Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);
• Project name and number if applicable;
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• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; and
• The Consultant’s signature.

2.2 Monthly Payment.

City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment.

City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment.

City shall pay for the services to be rendered by Consultant pursuant to this Agreement.

City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 72 of 375
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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed amendment.

2.5 Hourly Rate/Fees.

Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the schedule of fees attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

2.6 Payment of Taxes.

Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 Payment upon Termination.

In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.8 Authorization to Perform Services.

The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.9 Business License.

The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.

SECTION 3. FACILITIES AND EQUIPMENT
Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. 73 of 375
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City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS
Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage.

Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A
Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,000 in the aggregate; Commercial general
coverage shall be at least as broad as Insurance
Services Office Commercial General Liability
occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an
“occurrence” basis.
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COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
B
Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive
uses. Personal Automobile
Liability is acceptable for
individual contractors with no
transportation or hauling
related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property Damage.

Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability form CA
0001 (most recent edition), Code 1 (any auto). No
endorsement shall be attached limiting the coverage.

C
Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for bodily injury or disease.

Consultant may rely on a self-insurance program to
meet those requirements, but only if the program of
self-insurance complies fully with the provisions of the California Labor Code. The insurer shall waive all
rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising
from work performed under this Agreement.

D
Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate; Any deductible or selfinsured retention shall not exceed $150,000 per claim.

4.2 Additional Requirements.

Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.
b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives. c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, 75 of 375
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officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies. f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Claims-made limitations: The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement. iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 76 of 375
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4.3 All Policies Requirements.
a. Acceptability of Insurers.

All insurance required by this section is to be placed with insurers with a Bests’ rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions.

Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies.

No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
d. Waiver of Subrogation.

Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4 Remedies.

In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
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• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.

SECTION 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

SECTION 6. STATUS OF CONSULTANT

6.1 Independent Contractor.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 7. LEGAL REQUIREMENTS

7.1 Governing Law.

The laws of the State of California shall govern this Agreement. 79 of 375
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7.2 Compliance with Applicable Laws.

Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations.

To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits.

Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity.

Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

7.6 Compliance with Accessibility Requirements.
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Consultant and any subcontractors shall comply with all applicable accessibility requirements under Title II of the Americans with Disabilities Act (ADA) and any other federal, state, or local laws governing accessibility in the performance of work under this Agreement. All deliverables, documents, and materials produced under this Agreement shall conform to applicable ADA accessibility standards.

SECTION 8. TERMINATION AND MODIFICATION

8.1 Termination.

City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension.

City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

8.3 Amendments.

The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting.

City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival.

All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant.

If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

SECTION 9. KEEPING AND STATUS OF RECORDS

9.1 Records Created as Part of Consultant’s Performance.

All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records.
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Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records.

Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS

10.1 Attorneys’ Fees.

If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue.

In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability.

If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach.
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The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns.

The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products.

Consultant shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-consumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.

10.7 Conflict of Interest.

Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation.

Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 84 of 375
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10.9 Contract Administration.

This Agreement shall be administered by the City Manager, or his/her designee, identified as ___________________________________ (“Contract Administrator”). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.
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10.10 Notices.

Any written notice to Consultant shall be sent to:
[First & Last Name]
[Title]
[Consultant]
[Street Address]
[City], [State] [Zip]
All other written notices to City shall be sent to:

Joan M. Malloy
City Manager
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
with a copy to
Kristopher J. Kokotaylo
City Attorney
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587

10.11 Professional Seal.

Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

Seal and Signature of Registered Professional with report/design responsibility. 86 of 375
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10.12 Integration.

This Agreement, including the scope of services and schedule of fees, attached hereto and incorporated herein as Exhibits A and B, respectively, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Schedule of Fees

10.13 Counterparts.

This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON THE FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY: [Consultant]:

JOAN MALLOY
CITY MANAGER Name:

Title:

ATTEST:

THAI NAM N. PHAM

CITY CLERK
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
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those firms were actually selected.

I also want to point out I submitted prior written comments regarding contract services with the City on April 28, 2026 City Council discussion regarding the David L. Gates and Associates contract. During that Council discussion, Economic and Community Development Director Carmela Campbell reportedly explained that several prior firms had either gone out of business or were removed due to performance concerns, leaving Gates as effectively the only remaining consultant available to continue providing these services. If that is the practical basis for consultant retention through staff practices, it raises even greater concerns regarding competition, succession planning, consultant dependency, and the absence of a clearly documented re-solicitation process.

Additionally, although staff referenced RFQ submissions and consultant qualifications, the underlying Statements of Qualifications for the CEQA consultant pool are not meaningfully accessible to the public through the current agenda system. The City’s agenda packet format consolidates materials into a large single-file posting that is difficult to navigate, difficult to selectively download, and in some cases difficult to read clearly on standard devices. Given that individual consultant submissions may exceed 30 pages and contain critical information regarding qualifications, conflicts, staffing, methodologies, and prior project experience, the public is effectively unable to conduct meaningful independent review of the firms being approved. As a result, residents are being asked to approve and live with a long-term environmental consultant framework without practical visibility into the underlying materials supporting staff’s recommendations.

2. Internal Inconsistencies and Weak Governance Controls The RFQ states that the prequalified consultant list would have an initial term of four years.

However, the staff report and proposed resolution establish a five-year term.

That inconsistency alone warrants clarification before approval.

Additionally, the RFQ grants the City broad discretion to select firms from the list on an asneeded basis, including project-specific assignments, while providing almost no visible guardrails regarding:
- Rotation practices
- Mini-competition requirements
- Conflict-of-interest disclosures
- Repeat assignment concentration
- Public reporting requirements
- Recusal standards
- Consultant performance evaluations
This effectively creates a consultant gatekeeping structure with substantial administrative discretion but minimal public-facing accountability mechanisms.

3. CEQA Independence and Developer-Funded Review Concerns The staff report acknowledges that CEQA consultant costs are typically borne by project applicants or developers.
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While that practice is common, it makes procedural independence even more important.

The agenda materials do not clearly explain:
- How consultant independence will be protected
- How project-specific conflicts will be screened
- Whether applicant communications are preserved in the administrative record - Whether repeat consultant relationships with developers are tracked - Whether firms with financial relationships to applicants will be restricted from peer review assignments
Environmental review only maintains public trust when the public can clearly understand who controls the analysis, who funds the analysis, and how neutrality is preserved.

4. Accessibility and Public Participation Gaps
The RFQ repeatedly references ADA-compliant deliverables and Title II accessibility expectations.

However, the City’s own agenda system continues to publish large consolidated packet files that make selective review difficult, particularly on mobile devices and assistive technologies.

The City should apply the same accessibility expectations to its own publication practices that it expects from environmental consultants.

In addition, the City should clarify how ADA compliance capability was evaluated during consultant selection and whether prior deliverables from these firms were reviewed for accessibility performance.

5. Long-Term Policy Implications
This item is more consequential than it appears. The selected firms may ultimately prepare or influence:
- Initial Studies
- Mitigated Negative Declarations
- Environmental Impact Reports
- Addenda
- Technical studies
- Peer review analyses
- Long-range planning environmental documents
These documents shape the legal defensibility of City decisions and materially affect development outcomes, infrastructure policy, transportation planning, environmental mitigation, and land use decisions. That level of influence deserves greater procedural transparency than what is currently reflected in the agenda materials.

Conclusion
Before approving this item, I respectfully request that the City Council direct staff to provide 91 of 375
additional clarification regarding:
- Evaluation scoring and selection methodology
- Consultant conflict-of-interest screening
- Project assignment procedures
- Rotation and concentration controls
- ADA evaluation standards
- Annual reporting and oversight mechanisms
- The discrepancy between the RFQ’s four-year term and the proposed five-year term A brief public discussion would substantially strengthen the administrative record and improve public confidence in the integrity and independence of the City’s environmental review process.

Thank you for your time.

Sincerely,
Henry Soong
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City Council Staff Report Page 1 of 3 May 12, 2026
Staff Report
Agenda Item No. 4.6
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Declaring Weeds to Be a Public Nuisance and Setting June 9, 2026, for a Public Hearing

EXECUTIVE SUMMARY
The City of Union City, in coordination with the Alameda County Fire Department (ACFD) Fire Prevention staff, conducts annual inspections of vacant properties for overgrown weeds. Through an alternative weed abatement procedure under Government Code sections 39560-39588, the City may order the abatement of weeds by adopting a resolution declaring the weeds a nuisance. Under this approach, property owners have the option to either complete the weed abatement work themselves by a certain date or have it completed by a City contractor.

In addition to the City Council considering declaring weeds a public nuisance, a required public hearing on June 9, 2026, is proposed to provide property owners with an opportunity to submit any objections to the program.

Staff recommends that the City Council, by resolution (Attachment 1), find and declare that weeds growing on specified properties are seasonal and recurrent nuisances; and rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City of Union City are public nuisances and must be abated; and set June 9, 2026, at 7:00 pm for a public hearing.

STRATEGIC PLAN ALIGNMENT
Although this item is not aligned with a specific strategic plan goal, approval will initiate the process to remove weeds and debris from vacant properties, protecting health and safety.

BACKGROUND
As a fire prevention measure, ACFD Fire Prevention staff inspect vacant properties in Union City to ensure that weeds are removed by the Fourth of July holiday. 93 of 375
Agenda Item No. 4.6
City Council Staff Report Page 2 of 3 May 12, 2026 5
2 1
The City will follow its traditional process of ACFD Fire Prevention staff performing up to three inspections of the City’s vacant land inventory (between April and May) and following up each time with a letter to the property owner. In prior years, if a property did not remove the weeds by the 3rd inspection, the case was forwarded to Neighborhood Preservation for follow-up.

This year, in lieu of forwarding the cases to Neighborhood Preservation after the last inspection, the City is proactively implementing a new process, authorized by, and conducted pursuant to, Government Code sections 39560 through 39588, to allow the City to hire a third-party contractor to remove the weeds should the property owner fail to do so and then to get reimbursed by the property owner for the costs. This process is a more streamlined alternative to the procedures in the City’s Municipal Code for weed abatement, saving the City time and money.

The abatement work typically consists of tractor mowing, supplemented by manual labor to clear weeds abutting fences and remove debris to facilitate tractor work. As detailed above, the property owners may make their own arrangements for weed removal. All properties on which the City performs the abatement work would be charged the full cost of work, including administrative costs. Administrative costs are 20% of the cost of the weed abatement services.

DISCUSSION
ACFD staff identified 36 vacant properties with overgrown weeds that could become a fire hazard if not properly maintained. A list of the properties is attached and labeled Exhibit “A”. The parcels are mainly located in residential neighborhoods throughout the City. See Attachment 2 for a map showing the location of the properties.

The City’s landscape maintenance contractor is scheduled to perform weed abatement in June, so the weeds are removed by the Fourth of July holiday. Property owners choosing to complete weed and debris removal themselves must complete the work before the last inspection. A letter will be sent to the property owners listed in the attached list, informing them of the public hearing and clearly explaining the process and schedule moving forward. This process provides sufficient opportunity for the property owners to perform their own work, if desired.

The first step in the process is to set a public hearing to provide the property owners listed in the attached list an opportunity to submit any objections.

FISCAL IMPACT
If the City’s contractor performs weed abatement for the property owner, the property owner will be fully responsible for their proportionate share of the weed abatement costs, plus a 20% administrative fee. Property owners are only charged if the City’s contractor removes the weeds. Cost recovery is provided through a property tax lien, which the Alameda County Assessor’s Office collects.
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Agenda Item No. 4.6
City Council Staff Report Page 3 of 3 May 12, 2026 5
2 1

RECOMMENDATION
Staff recommends that the City Council, by resolution (Attachment 1), find and declare that weeds growing on specified properties are seasonal and recurrent nuisances; and rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City of Union City are public nuisances, and must be abated; and set June 9, 2026, at 7:00 pm for a public hearing.

Prepared by: Juliet Vaughn, Associate, Associate Attorney Submitted by: Carmela Campbell, Economic and Community Development Director Attachments

1. Draft Resolution

2. Attachment 1 - Exhibit A- List of Weed Abatement Properties

3. Attachment 2 - Map Showing Location of Weed Abatement Properties 95 of 375
RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

FINDING AND DECLARING THAT WEEDS GROWING ON SPECIFIED

PROPERTIES ARE SEASONAL AND RECURRENT NUISANCES, AND

RUBBISH, REFUSE, AND DIRT UPON PARKWAYS, SIDEWALKS, OR

PRIVATE PROPERTY IN THE CITY OF UNION CITY ARE PUBLIC

NUISANCES AND MUST BE ABATED, AND SETTING A TIME AND

PLACE FOR A PUBLIC HEARING
WHEREAS, the City Council of the City of Union City hereby finds and determines that weeds are growing upon streets, sidewalks, or private property in the City of Union City as hereinafter described, and that rubbish, refuse, and dirt is upon its parkways, sidewalks, or private property hereinafter described in the City of Union City and that said City Council hereby declares all weeds growing on streets, sidewalks, or private property in said City and all rubbish, refuse, and dirt in parkways or private property in said City are public nuisances and the same are hereby ordered abated in the manner provided in Section 39560 to Section 39588, inclusive of the Government Code of the State of California; and
WHEREAS, the names of said streets, parkways, sidewalks, and private properties are contained in Exhibit “A” attached hereto and incorporated herein by reference and made a part of this resolution as though set forth at length.

NOW, THEREFORE, BE IT RESOLVED that the City Clerk is hereby directed to mail written notices of the proposed abatement to all persons owning property described in this resolution, said written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the City Council adopts this resolution. The City Clerk shall complete said mailing at least five (5) days before the time for hearing of objections by the City Council. The notice shall be substantially in the form provided in Section 39566 of the Government Code of the State of California, except that the City Clerk shall sign the notices, and the heading of the notice need not comply with Section 39565 of the Government Code; and BE IT FURTHER RESOLVED that a public hearing to hear objections to the proposed removal of weeds, rubbish, refuse, and dirt will be held by the City Council at its meeting of June 9, 2026.
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Resolution No. 2026-XXX
Weed Abatement

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on 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 - List of Properties
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Exhibit A
List of Properties

APN PROPERTY ADDRESS
1 486-45-24 12th St / H St.
2 486-33-58-1 33715 11th St.
3 486-33-58-2 33715 11th St.
4 486-33-47 33611 10th St.
5 486-30-30--2 11th St./I St.
6 486-27-138 33941 9th Street
7 486-3-23-2 33319 2nd Street
8 87-40-1507 Mission Blvd. / May Rd.
9 87-32-44 201 Appian Way
10 87-32-43 209 Appian Way
11 87-32-42 217 Appian Way
12 87-32-41 225 Appian Way
13 87-32-40 257 Riviera Dr.
14 507-124-12-2 Gregory Ave.
15 87-34-002-08 Florence St.
16 87 -96-017-00 467 Riviera Dr.
17 087-0032-171-00 Mission Blvd .
18 087-0033-043-00 34550 Mission Blvd.
19 475-100-22-4 33500 Western Blvd.
20 475-70-11 Central Ave. / Atlantic St.
21 475-158-7 32351 Alvarado-Niles Rd.
22 483-0010-022-03 3995 Smith St.
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Exhibit A
List of Properties
23 483-0010-021-01 3969 Smith St.
24 483-0010-020-00 3955 Smith St.
25 483-0010-019-01 30971 Vallejo St.
26 483-0010-018-00 Vallejo St.
27 483-0010-023-00 30935 Vallejo St.
28 483-0010-012-01 30793 Vallejo St.
29 483-0010-025-00 30968 Union City Blvd,
30 483-0005-007-09 Union City Blvd.
31 463-0045-058 29555 Kohoutek Way
32 507-0001-075-00 323 King Ave.
33 507-0001-059-02 King Ave.
34 087-0011-023-00 Gregory Ave
35 087-0101-087-00 Mission Blvd.
36 486-0036-034-04 33409 11th St.
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City Council Staff Report Page 1 of 2 May 12, 2026
Staff Report
Agenda Item No. 4.7
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving a Twelve-Month Extension of Tentative Parcel Map 11429 (TPM-24-001) at 32415 Winchester Drive (APN 475-0175-082-02)

EXECUTIVE SUMMARY
On June 27, 2024, the City of Union City Planning Commission adopted Resolution No. 10-24 approving Tentative Parcel Map 11429 (TPM-24-001), which authorizes the subdivision of an existing 32,540-square-foot parcel into three parcels located at 32415 Winchester Drive. The tentative map expires on June 27, 2026.

Pursuant to the Subdivision Map Act and Union City Municipal Code Section 17.28.140, the City Council may approve extensions of tentative maps. The subdivider is requesting a 12-month extension to complete the installation of required storm drain facilities serving all three parcels, consistent with the conditions of approval under Resolution No. 10-24, before the recordation of the final parcel map.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

Goal C, Strategy 5: Promote housing development for all income levels in the community.

BACKGROUND
At its regular meeting on June 27, 2024, the Planning Commission held a public hearing to consider Tentative Parcel Map 11429 (TPM-24-001). Subsequently, it adopted a resolution approving the subdivision of an existing 32,540-square-foot parcel into three parcels. Pursuant to the Subdivision Map Act, a tentative map expires if a final map is not recorded within 24 months of its approval or conditional approval.

Tentative Parcel Map 11429 was approved subject to conditions, including a requirement that the subdivider install storm drain facilities to serve the three parcels and record an instrument providing for the ongoing maintenance of those facilities before filing the final parcel map with the City Clerk.
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The subdivider has since submitted improvement plans to the Public Works Engineering Division for review and approval of the required storm drain facilities. Approval of the grading and encroachment permits is anticipated in the near term; however, construction of the storm drain improvements is not expected to be completed before June 27, 2026, when the tentative map is scheduled to expire.

DISCUSSION
Pursuant to the Subdivision Map Act and Union City Municipal Code Section 17.28.140, the City Council may grant extensions to the expiration date of an approved tentative map. The subdivider has submitted a request for a 12-month extension of Tentative Parcel Map 11429 (TPM-24-001) to allow additional time to complete the required storm drain improvements and satisfy the conditions of approval.

The requested extension would extend the tentative map's expiration date from June 27, 2026, to June 27, 2027. There are no proposed changes to the project, and all existing conditions of approval would remain in effect. Granting the extension would enable the subdivider to proceed with the necessary permitting and construction activities and ultimately record the final parcel map in compliance with the approved conditions.

The proposed extension is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the extension of time will not result in any changes to the previously approved project or its environmental setting, and no new environmental impacts would occur as a result of the extension.

FISCAL IMPACT
Approval of the requested tentative map extension would have no fiscal impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a twelve-month extension of Tentative Parcel Map 11429 (TPM-24-001) at 32415 Winchester Drive (APN 475-0175-082-02), extending the expiration date.

Prepared by: Diana Cangco, City Engineer
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Attachment 1 – Planning Commission Resolution No. 10-24

2. Draft Resolution
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PLANNING COMMISSION RESOLUTION #10-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY APPROVING TENTATIVE PARCEL MAP (TPM-24-001) FOR THE SUBDIVISION OF AN EXISTING 32,540 SQUARE-FOOT PARCEL INTO THREE PARCELS CONSISTING OF ONE 18,763 SQUARE-FOOT PARCEL OCCUPIED BY AN EXISTING SINGLE-FAMILY RESIDENCE, AND TWO SMALLER PARCELS, SIZED 6,787 AND 6,991 SQUARE FEET,

RESPECTIVELY

WHEREAS, the property owner and applicant Eric Nicholas is seeking Tentative Parcel Map (TPM-24-001) approval to divide an existing 32,540 square-foot parcel into three parcels per proposed Vesting Tentative Parcel Map 11429. The three parcels would be subdivided into one 18,763 square-foot parcel occupied by the existing single-family residence, and two smaller parcels, sized 6,787 and 6,991 square feet, respectively; and WHEREAS, the 0.747-acre project site is located at 32415 Winchester Drive (APN:
475-175-82-2); and
WHEREAS, the project site has a General Plan designation of Residential (3 - 6 du/ac) and a Zoning designation of RS 6000; and
WHEREAS, pursuant to Section 17.20.090 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Tentative Parcel Map (TPM-24-001) on June 27, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated June 27, 2024, and all written and oral testimony; and
WHEREAS, the project plans, including the Vesting Tentative Parcel Map 11429, are labeled Exhibit A attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:

A. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Minor Land Divisions, of the CEQA Guidelines; and Tentative Map - Subdivision Map Act
B. That the tentative parcel map is consistent with the General Plan standards for uses, density and minimum parcel size. The project complies with the General Plan, which designates the project site as a residential use allowing three (3) to six (6) units per acre; and
C. That the design of the proposed subdivision is consistent with the General Plan standards for use, density, and minimum parcel size; and D. That the 32,540 square-foot site would be subdivided into three (3) residential lots reflecting a density that is suitable for the single-family neighborhood and has access Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 103 of 375
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to necessary utilities and services to support the proposed future single-family residential development; and
E. That the project site is physically suitable to accommodate the future proposed density of development. The 32,540 square-foot site would be subdivided into three (3) residential lots reflecting a residential density of 3 - 6 dwelling units per acre, consistent with the General Plan land use designation of Residential (3 - 6 du/ac), is suitable for future single-family neighborhood development, and has access to necessary utilities and services to support the proposed future single-family residential development; and F. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because it is an infill project located in an established neighborhood; and
G. That the design of the subdivision and the proposed future single-family residences are not likely to cause serious public health problems; and H. That, as conditioned, the design of the subdivision or the type of improvements will not conflict with any public easements. Plans were referred to the relevant public agencies and no conflicts with any public easements were identified.

Vesting Tentative Map (Union City Municipal Code)
I. That the proposed subdivision has been reviewed by all applicable local and regional agencies for consistency with all codes and provisions related to health and safety, and the project has undergone environmental review per the requirements of CEQA; therefore, the proposed subdivision would not result in conditions that would negatively impact health and safety; and
J. That the proposed subdivision is consistent with all applicable provisions of State law; and
K. That the design, density and improvements of the proposed subdivision are consistent with applicable general and specific plans and will comply with all applicable zoning requirements; and
L. That the proposed subdivision is consistent with all applicable provisions of the State Government Code; and
M. That the site is physically suitable for the development as demonstrated by the proposed vesting tentative map; and
N. That the subdivision involves the subdivision of one existing lot into three lots and the design of the subdivision or type of improvements will not conflict with public easements.

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BE IT FURTHER RESOLVED, that the Planning Commission of the City of Union City hereby approves Tentative Parcel Map (TPM-24-001), subject to the following Conditions of Approval.

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CONDITIONS OF APPROVAL
Planning Division

1. The Final Parcel Map shall be in substantial conformance with Vesting Tentative Parcel Map 11429, included in Exhibit A, prepared by Greenwood & Moore, Inc., dated May 28, 2024, except as it may be modified by other conditions of approval listed below. All actual site improvements shall be made with strict adherence to the approved tentative parcel map.

2. Pursuant to UCMC Section 17.16.050, within twelve months after the date of approval or conditional approval of the tentative map by the City Council, unless such period of time is extended by the City Council, the subdivider shall file the final map with the City Council together with a filing fee in a sum set by the City Council by resolution.

3. The timetable for this subdivision is subject to the requirements of the Subdivision Map Act, California Government Code 66410-66499.41.

4. The applicant/property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.

5. The applicant/property owner shall be responsible for any additional costs associated with staff time spent enforcing the Conditions of Approval.

6. The applicant/property owner shall annex the new lots into Community Facilities District No. 2006-1 prior to recordation of the Final Map. The applicant/property owner shall pay all fees for staff and consultant time and recordation through a title company.

7. All storm drain facilities serving Parcels 1, 2, and 3 shown in the proposed easements, included in Exhibit A, must be installed by the subdivider prior to the City Engineer’s filing of the Final Map with the City Clerk. The storm drain improvements, and a recordable instrument providing for perpetual maintenance of such improvements, are required before the final map is submitted for approval by the City Council.

Alameda County Fire Department

8. Property owner shall ensure proper vegetation management for all undeveloped parcels. Ground fuels (grass weeds) shall be no higher than 3 inches.

Public Works

9. The applicant and/or property owner shall prepare a final map consistent with the vesting tentative parcel map.

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10.Prior to approval of the final map by the City Council, the applicant and/or property owner shall pay the “Final Parcel Map Filing Fee” in place at the time the final map is filed for approval.

11.Prior to approval of the final map by the City Council, the applicant and/or property owner shall pay a Park Land Dedication In-Lieu fee based on the formula included in Title 17.

12.The applicant and/or property owner shall provide all public utility easements to the satisfaction of the City Attorney and the Director of Public Works. Any easements shall be shown on the final map.

13.The applicant/property owner shall ensure that construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

Monday through Friday: 8:00 a.m. to 8:00 p.m.

Saturday: 9:00 a.m. to 8:00 p.m.

Sundays & Holidays: 10:00 a.m. to 6:00 p.m.

14.The applicant/property owner shall ensure that all contractors, subcontractors and suppliers are aware of all current storm water pollution prevention measures and their implementation requirements.

Union Sanitary District

15.Existing Sewer Service: The existing house is served by one (1) sewer lateral that is connected to the 8-inch main on Medallion Drive. USD records show that up to three (3) additional sewer service laterals may be connected from the site to the sewer main on Medallion Drive.

16.Sewer System Capacity: Currently, USD has sufficient capacity in the adjacent sanitary sewer system on Medallion Drive and Alvarado Wastewater Treatment Plant to process and treat the anticipated volume of wastewater that will originate from the proposed development project. However, please note that USD cannot reserve or guarantee that sewer capacity will be available to the development in the event that the project is delayed, postponed, or put on hold for an extended amount of time.

17.Demolition: Prior to the start of any demolition or grading operations at the site, if the existing sewer laterals will no longer be used, they shall be capped at the main and inspected under a USD permit. If the existing laterals will be used, they shall be capped at the property line and inspected under a USD permit and reconnected during the construction of the new development. See the following webpage for more information and fees: https://www.unionsanitary.ca.gov/permits-andfees/demolitions.

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18.Public and Private Sewer Improvements: The preliminary plans for the proposed development included a site utility plan. Per the plans, the contractor is to verify in the field if the proposed parcels have existing laterals, if not, then a new lateral will be installed to connect to Medallion Drive sewer main. A new 8-foot-wide private sewer easement is proposed to be dedicated on Parcel #3 for the existing sewer lateral for Parcel #1. A copy of the recorded private sewer easement shall be provided to USD.

19.Sewer Capacity Fee: For the future single family home developments, the capacity fees (connection) will be calculated from the applicable rates in USD’s Capacity Fee Ordinance, see
https://www.unionsanitary.ca.gov/images/USD_35.23_Capacity_Fee_Ordinance. pdf, and will include but may not be limited to the following categories (rates increase August 1 every year; rate used is determined by issue date of city building permit):
• Single Family Dwelling Units = $10,755 per unit.
• Accessory Dwelling Units = $5.48 per square foot.

20.Sewer Capacity Credit: Previously vacant lots with no prior buildings, not applicable.

21.Permit & Inspection: USD permits and inspects all sanitary sewer work outside of a building footprint. Three (3) sets of improvement plans and a Request for Plan Check form shall be submitted to USD for review and approval. Additional documents may be required.

Alameda County Water District

22.There are two water mains present at or along the project site’s frontage:
a. Existing 8” PVC water main within Medallion Way.
b. Existing portion of 2” PVC water main at southeast property corner.

1. Existing ¾” water meter serving 32415 Winchester Drive

23.Per the provided letter and plans, the existing parcel will be subdivided into a total of 3 lots. Each lot must be served from its own water service. With the proposed subdivision, “Parcel 2” and “Parcel 3” will both require new, separate, water service connections and may not be furnished from the existing home’s service on “Parcel 1”.
a. If the applicant intends to build an ADU on the same parcel as a primary house, then the ADU can be served from the same meter as the primary house on the lot.

ADUs on one lot cannot be served by a different or adjacent lot.

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b. If the applicant intends to construct an ADU along with a new house on the either of the new lots (“Parcel 2” and/or “Parcel 3”), a separate service will be required to serve the respective lot and then the ADU can be served from the same meter as the primary house on that lot, provided the lot will not be able to be split or subdivided in the future.

24.Project Proponent will need to pay new facilities connection charges for all new services and units, consistent with ACWD Development Policy and the current ACWD Schedule of Development Fees and Charges.
https://www.acwd.org/DocumentCenter/View/114/Schedule-of-DevelopmentFeesand-Charges?bidId=

25.The District requires that minimum clearance requirements are maintained between water meters, service lines, fire hydrants or mains and the nearest utilities, buildings, and trees. Reference District Standard Drawings CL-1-08 through CL-5-08.

26.Easements dedicated to the District shall be provided for all District-owned appurtenances located on private property and outside the public right-of-way.

Easements dedicated to the District will require a plat and legal description, prepared by a licensed surveyor, to District standards, along with a current title report for any property or properties affected by the easement. The applicant should refer to the Development Specifications or contact the District Engineering Department for more information.

27.For modifications of existing water facilities or to initiate new water service to the property, the Project proponent should contact the District Engineering Department. Any existing water services which will not be used in the new development must be removed by the District at the Project proponent’s expense.

The Project proponent is encouraged to meet with Engineering staff to review your Project prior to submitting the application or other materials or if you need assistance in completing the Customer Work Request Application. The application and instruction can be found on the District’s website at:
https://acwd.org/171/Customer-Work-Request-Application. The District’s estimate for processing Customer Work Request Applications through Field Construction is 4-6 months. The Project proponent should plan accordingly.

28.The Project shall be designed to implement water efficient plumbing fixtures and irrigation systems, including but not limited to, those listed in the Water Efficiency Measures for New Development, located on the District’s website (http://acwd.org/DocumentCenter/View/421).

29.Upon development of “Parcel 2” and/or “Parcel 3” Project Proponent should contact ACWD’s Groundwater Department regarding requirements related to any Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 109 of 375
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drilling or existing wells that may be on the site. If any sheet piles, drilling, or deep excavations will be completed as part of the Project, you will need to coordinate the work and may need to obtain a permit from the Groundwater Resources Division.

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I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on June 27, 2024, by the following vote:

AYES: (GUIO, LEW, MCLELLAND, GUPTA GARG)
NOES: NONE
ABSTAIN: NONE
ABSENT: (ROMERO, SANDHU)
MOVED: (MCLELLAND)
SECONDED: (GUIO)
APPROVED:
______________________________________

JO ANN LEW, CHAIRPERSON
ATTEST:
_________________________________

CARMELA CAMPBELL, SECRETARY

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Civil Engineers Designers
Land Surveyors Planners

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3111 Castro Valley Blvd., Ste. 200, Castro Valley, California, 94546 Tel: 510-581-2772 Fax: 510-581-6913 www.greenwoodmoore.com MG Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 SD
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Civil Engineers Designers
Land Surveyors Planners

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING A 12-MONTH EXTENSION OF TENTATIVE PARCEL MAP
11429 (TPM-24-001) AT 32415 WINCHESTER DRIVE (APN 475-0175- 082-02)
WHEREAS, on June 27, 2024, the Planning Commission of the City of Union City adopted Resolution No. 10-24, approving Tentative Parcel Map 11429 (TPM-24- 001), authorizing the subdivision of an existing 32,540 square-foot parcel into three parcels located at 32415 Winchester Drive (APN 475-0175-082-02); and WHEREAS, pursuant to the Subdivision Map Act and Union City Municipal Code Section 17.28.140, an approved tentative map expires 24 months after its approval unless extended; and
WHEREAS, Tentative Parcel Map 11429 is scheduled to expire on June 27, 2026; and
WHEREAS, the subdivider has requested a 12-month extension of the tentative map to allow additional time to complete required storm drain improvements and satisfy the conditions of approval; and
WHEREAS, there are no proposed changes to the approved project, and all existing conditions of approval shall remain in effect; and WHEREAS, the City Council has considered the requests and finds that granting the extension will allow completion of required improvements and facilitate recordation of the final parcel map; and
WHEREAS, the City Council finds that approval of the extension is not a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and will not have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves a 12-month extension of Tentative Parcel Map 11429 (TPM-24-001), extending the expiration date from June 27, 2026, to June 27, 2027; and BE IT FURTHER RESOLVED that all conditions of approval associated with Tentative Parcel Map 11429, as outlined in Planning Commission Resolution No. 10-24, shall remain in full force and effect.
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Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on 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
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Staff Report
Agenda Item No. 4.8
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving a List of Projects for Fiscal Year 2026- 2027 Funded by SB 1: The Road Repair and Accountability Act of 2017

EXECUTIVE SUMMARY
Each year, staff prepares a list of projects eligible for Senate Bill (SB) 1 funding under the Road Repair and Accountability Act of 2017. The California Transportation Commission allocates these funds. For FY 2026–27, staff have developed a proposed project list for City Council consideration. Once adopted, the list will be submitted to the Commission, as required to remain eligible for SB 1 funding.

Staff recommends that the City Council adopt the attached resolution Approving the List of Projects for Fiscal Year 2026-2027 Funded by SB 1.

STRATEGIC PLAN ALIGNMENT
This is an efficiency and safety improvement project and is aligned with the following:

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

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

As of November 1, 2017, the State Controller began depositing various portions of these funds into the Road Maintenance and Repair Account (RMRA). A percentage of these is to be apportioned by formula to eligible cities and counties, pursuant to Streets and Highway Code (SHC) Section 2032(h). It is intended for basic road maintenance, 119 of 375
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rehabilitation, and critical safety projects on the local streets and roads system.

In Attachment 1, the State Department of Finance projects Union City will receive $1,966,678 in Road Maintenance and Rehab Account funds for FY 2026-2027.

The California Transportation Commission (CTC) has set a July 1, 2026, deadline for recipients to submit a City Council-approved list of projects nominated for funding in FY 2026-2027. Per Streets and Highways Code Section 2034, cities must adopt their project lists by resolution and may not use adopted budgets to apply for SB 1 funding.

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

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

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

The List of Projects proposed to be funded by SB 1 revenues is noted below.

1. The following list of newly proposed projects will be funded, in part, with Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Project Title: Annual Citywide Pavement Rehab Project, City Project No. 26- 01 Project Description: This annual project will restore the City's surface pavement along its roadway network. Based on Pavement Condition Index (PCI) assessments in the City's latest Pavement Management Plan (PMP), staff will direct a specific number of streets and roadways to be repaired using several methods, including light maintenance, heavy maintenance, light rehab, heavy rehab, and reconstruction.

Project Location: Union City Blvd., Alvarado Blvd., Union Landing Transit Loop, Regents Blvd., Perry Rd., Mann Ave., Garcia St., Clover St., Begonia St., Silsby Ave., and Alvarado-Niles Rd. Subject to change based on preliminary engineering determinations.

Estimated Project Schedule: Start 03/27 - Completion 09/27 based on the component being funded with RMRA funds.

Estimated Project Useful Life: 20 years
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Project Title: 7
th Street Infrastructure Improvements, City Project No. 26-16 Project Description: This project will prepare plans, specifications, and estimates to ultimately improve bike and pedestrian infrastructure on 7th Street, as well as provide connections to the adjacent neighborhoods. ADA accessibility, roadway resurfacing/reconstruction, transit stop improvements, lighting, utility, and fiber communications upgrades will be made.

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

Estimated Project Schedule: Start 09/26 - Completion 12/28 based on the component being funded with RMRA funds.

Estimated Project Useful Life: 20 years
Project Title: Decoto Road Rehabilitation Project Phase II, City Project No. 26-24
Project Description: This project will prepare plans, specifications, and estimates to ultimately improve bike and pedestrian infrastructure on Decoto Rd. from 11th St. to Mission Blvd. Specifically, Class IV bicycle lanes and complete streets elements, along with transit infrastructure improvements, are planned. ADA ramp accessibility, roadway resurfacing/reconstruction, and lighting will also be considered.

Project Location: Decoto Rd. from 11th St. to Mission Blvd.

Estimated Project Schedule: Start 07/26 - Completion 12/27 based on the component being funded with RMRA funds.

Estimated Project Useful Life: 20 years
The following previously proposed and adopted project may utilize Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues in its delivery.

With the re-listing of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:

Project Title: Quarry Lakes Parkway, City Project No. 18-04 Project Description: Construct a new four-lane multimodal corridor, parallel to Decoto Road, from Old Alameda Creek to Mission Blvd, with landscaped medians, buffered bike lanes, and a separated Class I bikeway/trail. The project creates a new access roadway into Union City BART Station and the 100-acre TransitOriented District (TOD) site/Station District area. New intersections are located at Alvarado-Niles Road, 11th Street, and 7th Street, and at the realigned Quarry Lakes Drive closer to Old Alameda Creek.

Project Location: Southern city limits
Estimated Project Schedule: Start (07/23) - Completion (12/28) based on component being funded with RMRA funds
Estimated Project Useful Life: 15 years
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Project Title: Citywide Streetlight LED Conversion Project, City Project No. 22-16
Project Description: Convert existing induction bulb streetlights to energy-efficient LED streetlights within the city limits. There are approximately 4,000 streetlights throughout the city, and this project will also evaluate the required illumination level of these existing streetlights.

Project Location: Decoto Rd., Alvarado-Niles Rd., Whipple Rd., Dyer St., and Union City Blvd. (north of Smith St. to City limits).

Estimated Project Schedule: Start (10/25) - Completion (12/28) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years
Project Title: BART Pedestrian At-Grade Crossing, City Project No. 14-14 Project Description: Construct a new pedestrian at-grade crossing at the Oakland Subdivision railroad tracks to make a new east entrance to Union City BART Station. Also, improve Decoto Road at-grade crossings and close the I Street atgrade crossing on the Oakland Subdivision. Improve other nearby at-grade crossings (Coast Subdivision/Oakland Subdivision/Niles Subdivision) associated with City Project No. 14-14.

Project Location: East of Union City BART Station
Estimated Project Schedule: Start (7/25) - Completion (12/28) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years

Project Title: Alvarado-Niles Road Part-Time Bus Lane Project, City Project No. 24-21
Project Description: Alvarado-Niles Road is a major transportation corridor within Union City used by automobiles, transit, bicycles, and pedestrians en route to jobs, schools, and neighborhoods. It is a major transit route serving UC Transit and AC Transit. This corridor has minimal facilities for bikes and pedestrians, with existing Class II bike lanes and a 5-foot sidewalk. This project will design a part-time bus lane for travel during the AM and PM peak periods to help Union City Transit meet its schedules. Improvements include pedestrian, bicycle, and intersection upgrades, as well as upgrades to roadways, signage, striping, and lighting.

Project Location: Alvarado-Niles Road between I-880 and Decoto Road Estimated Project Schedule: Start (10/24) - Completion (07/28) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 20 years

Project Title: Dyer Street Resurfacing Project Phase 2, City Project No. 25-38 Project Description: The project will apply a roadway surface treatment and install new buffered bike lanes between Deborah Dr. and Union City Blvd. to connect a bikeway network gap.

Project Location: Dyer St., from Deborah Dr. and Union City Blvd.

Estimated Project Schedule: Start 08/26 and Completion by 3/27 based on the component being funded with RMRA funds
Estimate Project Useful Life: 15 Years
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Project Title: Arizona Street Bike Boulevard Project, City Project No. 25-55 Project Description: Arizona St. will apply a roadway surface treatment and include new signing and striping to convert the street into a Bicycle Boulevard, appropriate for all ages and abilities of bicyclists, as an alternate parallel route to AlvaradoNiles Road.

Project Location: Arizona St. from Hop Ranch Rd. to Royal Ann Dr.

Estimated Project Schedule: Start 07/26 and Completion by 07/27, based on the component being funded with RMRA funds
Estimate Project Useful Life: 15 Years
The List of Projects will also include potential funding from a combination of Measure, BB, VRF, State Gas Tax, Local Highway Safety Improvement Program, Active Transportation Program Cycle 7, and Alameda CTC funding grants. SB 1 funds provide additional revenues and capacity to fund other local street and road projects. These projects will comply with the goals of the SB 1 legislation in maintaining state and local transportation systems.

FISCAL IMPACT
SB 1 is projected to generate approximately $1,966,678 for FY 2026-2027 from the Local Streets and Roads Program, which will be deposited into the Union City RMRA Account (Fund 251) for pedestrian, bicycle, and roadway projects.

RECOMMENDATION
Staff recommends that City Council adopt a resolution approving a List of Projects for Fiscal Year 2026-2027 Funded by SB 1: The Road Repair and Accountability Act of 2017.

Prepared by: Trieu Tran, Civil Engineer III
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Attachment 1 – Local Streets and Roads Projected Revenues FY2026-2027

2. Draft Resolution
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ATTACHMENT B
Local Streets and Roads - Projected FY2026-27 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated January 2026 TOTAL Road Mntnc Sec2103 (3) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct

ALAMEDA COUNTY
ALAMEDA 516,581 772,536 291,689 690,786 7,500 2,279,092 2,217,185 4,496,277 ALBANY 138,402 206,977 81,663 185,075 5,000 617,118 594,027 1,211,145 BERKELEY 839,055 1,254,789 470,778 1,122,008 10,000 3,696,630 3,601,256 7,297,886 DUBLIN 488,281 730,214 275,972 652,943 7,500 2,154,909 2,095,719 4,250,628 EMERYVILLE 88,065 131,699 53,708 117,762 3,000 394,233 377,976 772,210 FREMONT 1,520,710 2,274,191 849,343 2,033,536 10,000 6,687,780 6,526,946 13,214,726 HAYWARD 1,072,314 1,603,623 600,321 1,433,928 10,000 4,720,186 4,602,412 9,322,598 LIVERMORE 573,737 858,012 323,431 767,217 7,500 2,529,896 2,462,500 4,992,397 NEWARK 319,584 477,932 182,285 427,357 6,000 1,413,159 1,371,669 2,784,828 OAKLAND 2,831,636 4,234,655 1,577,381 3,786,544 10,000 12,440,216 12,153,495 24,593,711 PIEDMONT 73,663 110,161 45,709 98,504 3,000 331,037 316,163 647,201 PLEASANTON 521,706 780,201 294,535 697,640 7,500 2,301,582 2,239,183 4,540,765 SAN LEANDRO 594,401 888,915 334,907 794,850 7,500 2,620,574 2,551,193 5,171,767 UNION CITY 458,215 685,252 259,275 612,738 7,500 2,022,981 1,966,678 3,989,659

ALPINE COUNTY

AMADOR COUNTY
AMADOR 1,307 1,955 5,753 1,748 1,000 11,764 5,612 17,375 IONE 59,078 88,350 47,844 79,001 2,000 276,272 253,565 529,837 JACKSON 32,889 49,185 28,763 43,981 2,000 156,818 141,162 297,981 PLYMOUTH 7,335 10,969 10,144 9,808 1,000 39,257 31,482 70,738 SUTTER CREEK 17,285 25,849 17,394 23,114 1,000 84,641 74,187 158,828

BUTTE COUNTY
BIGGS 12,898 19,289 12,458 17,248 1,000 62,893 55,359 118,252 CHICO 744,257 1,113,021 446,685 995,241 10,000 3,309,203 3,194,379 6,503,582 GRIDLEY 47,893 71,622 33,235 64,043 2,000 218,793 205,557 424,350 OROVILLE 130,806 195,617 82,463 174,917 4,000 587,803 561,423 1,149,226 PARADISE 72,486 108,401 47,837 101,987 3,000 333,711 311,113 644,824

CALAVERAS COUNTY
ANGELS CAMP 23,874 35,704 30,561 31,925 1,000 123,065 102,470 225,535

COLUSA COUNTY
COLUSA 42,728 63,899 21,928 57,137 2,000 187,692 183,391 371,082 WILLIAMS 36,537 54,641 19,446 48,859 2,000 161,482 156,819 318,301 TOTAL Highway Users Tax Acct (HUTA)(1) Streets & Highways Code 15 January 2026 CaliforniaCityFinance.com Page 1 of 16
RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-2027
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017, to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of project(s) proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,966,678 in RMRA funding in Fiscal Year 2026-2027 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the highest-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate four major existing arterial roads (and one future roadway project) and over thirty additional roads throughout the City, maintain sidewalks, streetlights, and traffic signals in a safe condition, upgrade traffic signals, streetlights, and street signs, implement active transportation infrastructure throughout the City; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition, and this revenue will help us increase the overall quality of our road system and, over the next decade, will bring our streets and roads into “excellent” condition; and 125 of 375
Resolution No. 2026-XXX
Adopt List of SB 1 Projects for FY2026-27

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

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded, in part, with Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Estimated Project Schedule: Start 03/27 - Completion 09/27 based on the component being funded with RMRA funds.

Estimated Project Useful Life: 20 years
Project Title: 7th Street Infrastructure Improvements, City Project No. 26-16 Project Description: This project will prepare plans, specifications, and estimates to ultimately improve bike and pedestrian infrastructure on 7th Street, as well as provide connections to the adjacent neighborhoods. ADA accessibility, roadway resurfacing/reconstruction, transit stop improvements, lighting, utility, and fiber communications upgrades will be made.

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

Estimated Project Schedule: Start 09/26 - Completion 12/28 based on the component being funded with RMRA funds.

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Project Location: Decoto Rd. from 11th St. to Mission Blvd.

Estimated Project Schedule: Start 07/26 - Completion 12/27 based on the component being funded with RMRA funds.

Estimated Project Useful Life: 20 years

3. The following previously proposed and adopted project may utilize Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues in its delivery.

Project Location: Southern city limits
Estimated Project Schedule: Start (07/23) - Completion (12/28) based on component being funded with RMRA funds
Estimated Project Useful Life: 15 years

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

Project Location: Decoto Rd., Alvarado-Niles Rd., Whipple Rd., Dyer St., and Union City Blvd. (north of Smith St. to City limits).

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Adopt List of SB 1 Projects for FY2026-27

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Resolution No. 2026-XXX
Adopt List of SB 1 Projects for FY2026-27

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Project Title: Alvarado-Niles Road Part-Time Bus Lane Project, City Project No. 24-21
Project Description: Alvarado-Niles Road is a major transportation corridor within Union City used by automobiles, transit, bicycles, and pedestrians en route to jobs, schools, and neighborhoods. It is a major transit route serving UC Transit and AC Transit. This corridor has minimum facilities for bikes and pedestrians, with existing Class II bike lanes and a 5-foot sidewalk. This project will design a part-time bus lane for travel during the AM and PM peak periods to help Union City Transit meet its schedules. Improvements include pedestrian, bicycle, and intersection upgrades, as well as upgrades to roadways, signage, striping, and lighting.

Project Location: Alvarado-Niles Road between I-880 and Decoto Road Estimated Project Schedule: Start (10/24) - Completion (07/28) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years

Project Location: Dyer St., from Deborah Dr. and Union City Blvd.

Estimated Project Schedule: Start 08/26 and Completion by 3/27 based on the component being funded with RMRA funds
Estimate Project Useful Life: 15 Years

Project Title: Arizona Street Bike Boulevard Project, City Project No. 25-55 Project Description: Arizona St. will apply a roadway surface treatment and include new signing and striping to convert the street into a Bicycle Boulevard, appropriate for all ages and abilities of bicyclists, as an alternate parallel route to AlvaradoNiles Road.

Project Location: Arizona St. from Hop Ranch Rd. to Royal Ann Dr.

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Resolution No. 2026-XXX
Adopt List of SB 1 Projects for FY2026-27

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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
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Staff Report
Agenda Item No. 4.9
DATE: May 12, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a TenYear Master Programs Funding Agreement with Alameda County Transportation Commission for Measure BB and Vehicle
Registration Fee Direct Local Distribution Funds

EXECUTIVE SUMMARY
The Alameda County Transportation Commission (Alameda CTC) serves as the congestion management agency and transportation authority for the County of Alameda.

It is responsible for planning, programming, and allocating federal, state, regional, and local funding for transportation improvements throughout Alameda County.

As part of their scope, Alameda CTC manages the county’s voter-approved transportation expenditure plans, including Measure BB and the Vehicle Registration Fee (“VRF”). The current funding agreement with Alameda CTC for distributing these funds expires on June 30, 2026, and a new agreement must be executed for Union City to receive its share. The new agreement aligns with the prior agreement and authorizes the Alameda CTC to continue allocating funds derived from Measure BB and VRF.

Therefore, staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Ten-Year Master Programs Funding Agreement with Alameda County Transportation Commission for Measure BB and the Vehicle License Fee Direct Local Distribution Funds.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

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

BACKGROUND
In 2010, voters approved Measure F, the Vehicle Registration Fee (VRF) program that collects $10 annually on vehicle registration to fund local road repairs, bicycle and 132 of 375
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pedestrian safety improvements, and transit upgrades in Alameda County.

In 2014, voters approved the 2014 Transportation Expenditure Plan (Measure BB), a halfcent transportation sales tax, on November 4, 2014, that extended the existing 2000 Measure B transportation sales tax and augmented it by one-half percent to fund projects and programs in Alameda County—collection of the Measure B 0.5% sales tax ended on March 31, 2022.

In 2015, the City Council adopted Resolution No. 4723-15 approving the Alameda County Transportation Commission Measure BB Master Programs Funding Agreement. The proposed new agreement will supersede the 2015 agreement.

The Alameda County Transportation Committee (Alameda CTC) is responsible for dispersing Measure BB and VRF funds, known as Direct Local Distributions (DLD), to local jurisdictions using established formulas to support bicycle and pedestrian programs, local transportation (local streets and roads), and transit and paratransit programs.

DISCUSSION
On February 26, 2026, Alameda CTC approved a combined ten-year Measure BB and VRF Master Programs Funding Agreement (MPFA) that specifies the requirements for the DLD funds, Alameda CTC’s responsibilities, and the recipient’s responsibilities for revenues collected from July 1, 2026, through June 30, 2036.

The new ten-year Measure BB/VRF MPFA supersedes the prior master agreements related to Measure B, Measure BB, and VRF DLD funds, as of the effective date of July 1, 2026.

These voter-approved funds are critical to the ongoing maintenance of streets, bicycle and pedestrian improvements, and transit operations. For Fiscal Year 2025-2026, Union City Public Works will receive about $2.16 million for CIP projects, and Union City Transit Operations will receive about $1.47 million for operations from the Measure BB and VRF Funds. See Attachment 2 for Alameda CTC Revenue Projections. These funds are budgeted as noted below:

Union City Public Works:

Local Streets and Roads $ 1,710,540
Bicycle and Pedestrian $ 450,490
$ 2,161,030
Union City Transit Operations:

Paratransit $ 545,560
Mass Transit Program $ 927,830
$1,473,390
Union City’s future Measure BB and VRF allocations will be presented by the Alameda CTC annually. Alameda CTC has published the Implementation Guidelines on the appropriate expenditure of DLD funds.
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FISCAL IMPACT
There will be no fiscal impact on the General Fund.

RECOMMENDATION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Ten-Year Master Programs Funding Agreement with Alameda County Transportation Commission for Measure BB and the Vehicle License Fee Direct Local Distribution Funds.

Prepared by: Marilou Ayupan, Public Works Director
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Attachment 1 – Ten-Year MPFA for Measure BB and VLF DLD Funds

2. Attachment 2 - Alameda CTC FY 2025-2026 Revenue Projections

3. Draft Resolution

4. Exhibit A – Implementation Guidelines
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Alameda CTC Agreement No. A26-00XX

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2026 MPFA

MEASURE BB / VEHICLE REGISTRATION FEE

MASTER PROGRAMS FUNDING AGREEMENT
between the

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF UNION CITY
This Measure BB / Vehicle Registration Fee 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 2, 2010, the voters of Alameda County approved Measure F, the Vehicle Registration Fee (“VRF”) Program, pursuant to Section 65089.20 of the Government Code, thereby authorizing the Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration or renewal of registration in Alameda County, starting in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavyduty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

B. Funds raised by the VRF will be used exclusively for local transportation purposes in Alameda County that have a relationship or benefit to the owners of motor vehicles paying the VRF, including projects and programs identified in the expenditure plan approved by the voters as part of Measure F (the “VRF Expenditure Plan”).

C. On June 24, 2010, the Alameda County Transportation Improvement Authority 135 of 375
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(“ACTIA”) and ACCMA took the final actions to create ALAMEDA CTC, a joint powers authority, with all of ACTIA and ACCMA’s functions 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 VRF Program.

D. On November 4, 2014, the voters of Alameda County, pursuant to the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB, thereby authorizing ALAMEDA CTC to administer the proceeds from a one-half of one percent transaction and use tax applicable from April 1, 2015 through March 31, 2022, and a full one percent tax applicable from April 1, 2022 through March 31, 2045. The tax proceeds will be used to pay for the investments outlined in Alameda County’s 30-Year Transportation Expenditure Plan (“Measure BB Expenditure Plan”), as it may be amended.

E. This AGREEMENT delineates the requirements of the Measure BB and VRF Direct Local Distribution (“DLD”) funds that are directly allocated to local jurisdictions and transit operators, as authorized by the VRF Expenditure Plan, and the Measure BB Expenditure Plan. Discretionary funds identified in these expenditure plans are not the subject of this AGREEMENT, and RECIPIENT will be required to enter into a separate agreement for those funds.

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”). This AGREEMENT is generally consistent with the ORIGINAL AGREEMENT, but the parties have determined that it is appropriate to enter into a new agreement rather than extending the ORIGINAL AGREEMENT. 136 of 375
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G. 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: FUNDING ALLOCATIONS

1. This AGREEMENT authorizes the ALAMEDA CTC to allocate the DLD funds derived from Measure BB and VRF receipts as described in their respective voter-approved expenditure plans and as summarized in Table A: DLD Investment Summary and described below for different fund types.

Table A: DLD Investment Summary
DLD Program Fund Program
Bicycle and Pedestrian Program Measure BB
Local Streets and Roads
Program
Measure BB and VRF
Mass Transit Program Measure BB
Paratransit Program Measure BB

2. All DLD distributions pursuant to this AGREEMENT, and all provisions contained herein, shall be effective as of July 1, 2026. The ORIGINAL AGREEMENT shall govern and control all DLD distributions paid on or before June 30, 2026.

A. BICYCLE AND PEDESTRIAN PROGRAM

4. ALAMEDA CTC will distribute Measure BB DLD funds pursuant to a formula weighted 100 percent by the jurisdiction’s population within the subarea. RECIPIENT’s allocations are subject to change based on variations in annual population figures. 137 of 375
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5. The Bicycle and Pedestrian Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

B. LOCAL STREETS AND ROADS (LOCAL TRANSPORTATION) PROGRAM

5. ALAMEDA CTC will distribute Measure BB DLD funds pursuant to a formula weighted 50 percent by the jurisdiction’s population within the subarea and 50 percent by the number of road miles with the subarea. RECIPIENT’s allocations are subject to change based on variations in annual population and road mile figures.

6. ALAMEDA CTC will distribute VRF DLD funds pursuant to a formula weighted 50 percent by the jurisdiction’s population within the subarea and 50 percent of the number of registered vehicles in the subarea. RECIPIENT’s allocations are subject to change based on variations in annual population and number of registered vehicle figures, as they are made available.

7. The Local Streets and Roads Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

8. RECIPIENT shall expend a minimum of 15 percent of all Measure BB funds received on project elements directly benefiting bicyclists and pedestrians.

C. MASS TRANSIT PROGRAM
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1. ALAMEDA CTC will distribute Measure BB DLD funds pursuant to set percentages detailed in the Measure BB Expenditure Plan. RECIPIENT’s percentage fund distribution, if applicable, is detailed in Measure BB Mass Transit Direct Local Distribution Summary, attached hereto as Exhibit A and incorporated into this AGREEMENT by reference.

RECIPIENT’s allocations are subject to change based on transit service changes.

2. The Mass Transit Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

D. PARATRANSIT PROGRAM

1. ALAMEDA CTC will distribute Measure BB DLD funds by subarea pursuant to percentages in the Measure BB Expenditure Plan. RECIPIENT’s percentage fund distribution by subarea, if applicable, is shown on Exhibit A attached hereto and is incorporated into this AGREEMENT by reference.

2. Measure BB distributions to cities and local transit operators are based on a percentage of the population over age 70 in each of the four planning areas for city-based and mandated paratransit services of local bus transit providers.

3. ALAMEDA CTC will distribute Measure BB to the East Bay Paratransit Consortium pursuant to set percentages in the Measure BB Expenditure Plan to assist the Alameda-Contra Costa Transit District and the San Francisco Bay Area Rapid Transit in meeting its responsibilities under the American with Disabilities Act (ADA).

4. Measure BB DLD funds may be further distributed to individual cities within each planning area based on a formula refined by PAPCO and approved by the COMMISSION.

RECIPIENT’s allocations are subject to change based on updated annual population figures. 139 of 375
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5. The Paratransit Program Implementation Guidelines provide program 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. Within five working days of actual receipt of the monthly Measure BB sales tax revenues and VRF revenues from the California Department of Tax and Fee Administration, the bond trustee, or the California Department of Motor Vehicles, Alameda CTC shall remit to the RECIPIENT its designated amount of available DLD funds disbursed on a monthly basis by the formulas described above.

2. ALAMEDA CTC shall annually update Measure BB and VRF fund revenue projections and the resulting fund allocation formulas to reflect the most current population using the California Department of Finance’s annual population estimates (Report E-1 published in May); maintained road mileage from the California Department of Transportation; and the number of registered vehicles in each Alameda County subarea, using registered vehicle data provided by the California Department of Motor Vehicles, as it is made available. ALAMEDA CTC shall use the updated Measure BB and VRF program allocation formulas in the allocations beginning July 1 of each new fiscal year, which is from July 1 to June 30.

3. ALAMEDA CTC shall report monthly to the public the amount of Measure BB, and VRF revenues distributed to RECIPIENT by each fund type monthly and for the fiscal year.
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4. ALAMEDA CTC shall provide for an independent annual audit of its financial statements including revenues and expenditures and its calculation of the allocation formula for distributing Measure BB and VRF revenues to the various recipients, and render an annual report to the COMMISSION within 180 days following the close of the fiscal year.

5. 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, Measure BB Expenditure Plan, or the VRF Expenditure Plan.

B. RECIPIENT’S DUTIES AND OBLIGATIONS

1. RECIPIENT shall expend all Measure BB and VRF funds received in compliance with the applicable guidelines and Plan(s), 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 BB and VRF funds received. RECIPIENT must account for Measure BB and VRF 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.
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3. RECIPIENT shall expend Measure BB and VRF funds in compliance with the Timely Use of Funds Policies for Direct Local Distributions, as they may be adopted or amended by the COMMISSION from time to time.

4. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure BB and VRF revenues as reflected in the ballot measures, the Measure BB Expenditure Plan, and the VRF Expenditure Plan, and agrees to accept and utilize the California Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the annual update of the sales tax allocation formulas to begin in each new fiscal year and registered vehicle data provided by the California Department of Motor Vehicles when available.

C. OTHER EXPENDITURE RESTRICTIONS

1. Transportation Purposes Only: RECIPIENT shall use all Measure BB and VRF funds solely for transportation purposes as defined by the authorizing ballot measures. Any jurisdiction that violates this provision must fully reimburse all misspent funds, including all interest which would have been earned thereon.

2. Non-Substitution of Funds: RECIPIENT shall use Measure BB funds and VRF funds to supplement and not replace existing property taxes used for transportation purposes.

3. Fund Exchange: Any fund exchanges made using Measure BB or VRF 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 BB and VRF programs, including direct staff costs and consultant costs, are eligible uses of Measure BB and VRF funds. ALAMEDA CTC does 142 of 375
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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 withhold payment of further Measure BB and/or VRF funds to 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 BB and VRF funds received and used.

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 BB and VRF funds.

3. RECIPIENT shall document expenditure activities and report on the performance of Measure BB and VRF 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 B.

4. RECIPIENT shall install or mount signage adjacent to Measure BB and VRF funded construction projects, and on vehicles funded with Measure BB and VRF funds (e.g., RECIPIENT and ALAMEDA CTC logos; “Your Transportation Tax Dollars Help Fund the 143 of 375
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Operation of This Vehicle!”) where practical, so Alameda County taxpayers are informed as to how RECIPIENT is using Measure BB and/or VRF funds.

5. RECIPIENT shall provide current information on RECIPIENT’s website, to inform the public about how RECIPIENT is using Measure BB and/or VRF 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 BB and/or VRF 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 RECIPIENT’s receipt, usage, and/or compliance audit findings regarding Measure BB and/or VRF 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. GEOGRAPHIC BREAKDOWN
In all cases the geographic breakdown by subarea is as follows:

1. North Area refers to the Cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont.
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2. Central Area includes the Cities of Hayward and San Leandro, and the unincorporated area of Castro Valley, as well as other unincorporated lands governed by Alameda County in the Central Area.

3. South Area includes the Cities of Fremont, Newark, and Union City.

4. East Area includes the Cities of Livermore, Dublin, and Pleasanton, and all unincorporated lands governed by Alameda County in the East Area.

B. 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 BB or VRF 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 BB or VRF funds distributed to RECIPIENT pursuant to this AGREEMENT.

C. INDEMNITY BY ALAMEDA CTC
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 145 of 375
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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
The term of this AGREEMENT shall be from July 1, 2026 to June 30, 2036, unless amended in writing or a new Master Programs Funding Agreement is executed between ALAMEDA CTC and RECIPIENT.

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 146 of 375
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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 BB and VRF 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 BB and VRF funds may be changed from time to time by the 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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149 of 375
Alameda CTC Agreement No. A26-00XX
Exhibit A – Page 1
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EXHIBIT A

MEASURE BB MASS TRANSIT AND PARATRANSIT

DIRECT LOCAL DISTRIBUTION SUMMARY
Mass Transit
Alameda CTC distributes Measure BB Mass Transit Direct Local Distribution funds based on the distribution percentages for net Measure BB Revenues specified in the Measure BB Expenditure Plan, as shown below.

Table 1: Measure BB Mass Transit Distribution
Agency Area
Percentage
of Net
Revenues
AC Transit Alameda County 18.80 %
ACE East/South County 1.00 %
BART Alameda County 0.50 %
LAVTA East County 0.50 %
Union City Transit South County 0.25 %
SF WETA Alameda County 0.50 %
Paratransit
Alameda CTC distributes Measure BB paratransit funds to County subareas/planning areas and to AC Transit and BART based on the distribution percentages in the Measure BB Expenditure Plan, as shown below. Distributions to jurisdictions for non-mandated services within each subarea are based on allocation formulas refined by Paratransit Advisory and Planning Committee (PAPCO) and approved by the Commission.

Table 2: Measure BB Paratransit Distribution
Area/Agency Percentage1
City-based and Locally Mandated 3.0%
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Exhibit A – Page 2
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North County
Cities of Alameda, Albany, Berkeley, Emeryville, and Oakland Central County2
Cities of Hayward and San Leandro, and unincorporated area of Castro Valley, as well as other unincorporated lands governed by Alameda County in the Central Area.

South County
Cities of Fremont, Newark, Union City, as well as Union City Transit.

East County3
Cities of Livermore, Dublin, and Pleasanton, and
unincorporated lands governed by Alameda County in the
East Area, and LAVTA.

AC Transit - East Bay Paratransit4 4.5%
BART- East Bay Paratransit4 1.5%

1. Funds are distributed based on the percentage of the population over age 70 in each of the four planning areas for city-based and mandated paratransit services. Funds can be further allocated to individual cities within each planning area based on a formula refined by PAPCO.

2. Funding will be assigned to Hayward to serve the unincorporated areas.

3. Funding for Livermore and Dublin will be assigned to LAVTA for their ADA-mandated paratransit program.

4. Measure BB funds are dispersed to AC Transit and BART to operate the East Bay Paratransit Consortium (EBPC).
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Alameda CTC Agreement No. A26-00XX
Exhibit A – Page 2
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Alameda CTC Agreement No. A26-00XX
Exhibit B – Page 1
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EXHIBIT B

DIRECT LOCAL DISTRIBUTION PROGRAM

PERFORMANCE MEASURES
Direct Local Distribution (DLD) recipients are to document the performance and benefits of the projects and programs funded with Measure BB and/or Vehicle Registration Fee 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 B – 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.
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Exhibit B – Page 2
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Exhibit B – Page 3
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EXHIBIT B (cont.)
LOCAL TRANSPORTATION PROGRAM (Local Streets and Roads (LSR))

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).

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).

Annually via
Compliance
Report
N/A; Report on investments
Pavement Condition
Index (PCI)
Maintain a PCI moving average rating of 60 or
above.

Annually via
Compliance
Report
Any agency not achieving
the target must identify
corrective actions and
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Exhibit B – Page 4
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Average PCI based on latest available data
from MTC’s Pavement Condition Index
Summary Report.
future investments to
address PCI levels.

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.

Annually via
Compliance
Report
Any agency not achieving
this metric must explain
how capital needs will be
addressed in the future.
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Exhibit B – Page 4
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Exhibit B – Page 5
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EXHIBIT B (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 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.

Annually
reported by
Transit
Operators.

N/A
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
Annually via
Compliance
Report and
N/A
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Exhibit B – Page 6
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service, group trips, travel training, meal
delivery)
Program Plan
Review.

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 contain additional listing of performance measures by program type.
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Sales Tax Projections for: Fiscal Year 2025-26
Projection 01-2026

ALAMEDA COUNTY TRANSPORTATION COMMISSION

MEASURE BB SALES & USE TAX REVENUE ALLOCATIONS
Recipient: Local S & R Bicycle & Pedestrian Paratransit Total Alameda 4,925,701.11 529,419.53 509,920.47 5,965,041.11 Albany 1,179,139.30 137,829.05 95,174.77 1,412,143.12
Berkeley 7,832,700.65 849,874.62 847,683.22 9,530,258.49 Dublin 1,435,194.29 494,468.93 1,929,663.22
Emeryville 788,450.64 90,285.66 77,784.87 956,521.17
Fremont 5,957,261.61 1,554,603.22 1,369,774.48 8,881,639.31 Hayward 6,102,414.38 1,083,441.47 2,048,852.67 9,234,708.52 LAVTA 905,747.47 905,747.47
Livermore 2,420,166.99 575,240.49 - 2,995,407.48
Newark 1,230,013.60 316,243.93 290,074.35 1,836,331.88
Oakland 28,240,162.68 2,882,664.97 3,132,885.77 34,255,713.42 Piedmont 990,504.67 73,115.52 1,063,620.19
Pleasanton 1,889,869.70 515,104.30 570,055.74 2,975,029.74 San Leandro 3,389,287.18 590,633.94 740,420.98 4,720,342.10 Union City 1,710,544.95 450,492.48 545,561.22 2,706,598.65 County of Alameda 990,517.90 990,517.90
County North 202,129.75 202,129.75
County Central 4,859,266.60 4,859,266.60
County East 1,073,431.91 1,073,431.91
County Totals 6,134,828.26 990,517.90 0.00 7,125,346.16 Totals 74,226,240.01 11,133,936.01 11,133,936.01 96,494,112.03 Transit Program: Countywide Paratransit Totals
AC Transit Services 69,772,665.60 69,772,665.60
AC Transit Paratransit Program 16,700,904.00 16,700,904.00 AC Transit Total 86,473,569.60
BART Paratransit Program 5,566,968.00 5,566,968.00
BART Maintenance 1,855,656.00 1,855,656.00
BART Total 7,422,624.00
Total AC & BART Direct Local Distributions 71,628,321.60 22,267,872.00 93,896,193.60 North Area South Area East Area Totals
WETA 1,855,656.00 1,855,656.00
Altamont Rail 1,855,656.00 1,855,656.00 3,711,312.00
Union City Transit 927,828.00 927,828.00
LAVTA 1,855,656.00 1,855,656.00
Total Other Transit Services 8,350,452.00
Total Direct Local Distributon Disbursements 198,740,757.63 Note: Formulas may change based on population and road miles in each city. 161 of 375
RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN-YEAR

MASTER PROGRAMS FUNDING AGREEMENT WITH ALAMEDA

COUNTY TRANSPORTATION COMMISSION FOR MEASURE BB AND

VEHICLE REGISTRATION FEE 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 $10 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 combined ten-year Measure BB and VRF Master Programs Funding Agreement (MPFA) that specifies the requirements for the DLD funds, Alameda CTC’s responsibilities, and the recipient’s responsibilities for revenues collected from July 1, 2026, through June 30, 2036; and WHEREAS, the ten-year Measure BB/VRF MPFA supersedes the prior master agreements related to Measure B, Measure BB, and VRF DLD funds, as of their effective date of July 1, 2026; and
WHEREAS, implementation guidelines for each program 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 hereby authorizes the City Manager to execute a ten-year MPFA with Alameda CTC for the Measure BB and Vehicle License Fee 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 Measure B, Measure BB, and/or Vehicle Registration Fee DLD funds for local transportation programs.
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Resolution No. 2026-XXX
Approve Alameda CTC 10-Yr Master Funding Agreement for Measure BB and VRF

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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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Alameda County Transportation Commission

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 164 of 375
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Alameda County Transportation Commission
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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Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 2
“(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. 169 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.

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. 171 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 172 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. 173 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
4) A resolution, such as for a grant application submittal 175 of 375
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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 176 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. 177 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). 178 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 area181 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. 182 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.

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 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). 183 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.