Union City City Council
January 25, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, January 25, 2022
7:00 PM
Held Via Teleconference. To access meeting please see Teleconference Guidelines.

Consistent with California State Assembly Bill 361, the City Council will be participating in public meetings via phone/video conferencing. Please see Teleconferece Guildines to learn how to view or participate in the City Council Meeting

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Jaime Patiño
Councilmember Emily Duncan
Councilmember Pat Gacoscos
Councilmember Gary Singh

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamations in Recognition of Union City's Employee of the Year Recipients for 2021

3.b. Water and Drought Update, Alameda County Water District

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the City Council/RSA Agenda 1 Tuesday, January 25, 2022
time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.

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

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve the Minutes of the City Council Meetings Held on January 6, 2022 and January 11, 2022

5.c. Adopt a Resolution Ratifying Prior Services Rendered, in the Amount of $447,200, and Approving Amendment No. 1 to
Contractual Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the Amount of $747,200, for the Traffic Signal Maintenance Program, City Project No. 21-26, for a Total Not-To-Exceed Contract Amount of $834,750

5.d. Adopt a Resolution in Support of San Francisco Bay Conservation and Development Commission’s (BCDC) Bay
Adapt: Regional Strategy for a Rising Bay

5.e. Adopt a Resolution Approving Amendment No. 3 to Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $75,000 for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, for a Total Amount of
$1,247,900

5.f. Adopt a Resolution Approving and Adopting a Memorandum of Understanding Between the City of Union City and the Union City Police Officers Association (POA), Authorizing the City Manager to Execute the Memorandum of Understanding, and Approving an Amendment to the City's Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5

5.g. Adopt a Resolution Approving Paying and Reporting the value of Employer Paid Member Contributions (EPMC) to CalPERS

6. PUBLIC HEARINGS
City Council/RSA Agenda 2 Tuesday, January 25, 2022

6.a. Public Hearing to Receive Community Input Regarding District Boundaries for District-Based Elections Pursuant to Elections Code Section 21607.1 (2nd Hearing) and Provide Direction Regarding Proposed District Map - Start Time at 7:45 p.m.

7. CITY MANAGER REPORTS

7.a. Adopt a Resolution Authorizing the Submission of a Joint Application For and Participation in the Homekey Program for the Regional Project Reclamation Program

7.b. Adopt a Resolution Authorizing the Mayor to Appoint Two Councilmembers to an Ad Hoc Committee to Evaluate and
Provide Recommendations on the Placement of Potential Tax Measures Including a Business License Tax and Extension of the One-Half Cent Sales Tax

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.

TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL

MEETING
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City City Council/RSA Agenda 3 Tuesday, January 25, 2022
Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.

How to watch the meeting remotely:

1. Comcast TV Channel 15 (UCTV 15)

2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to the official record.

Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.

Instructions on Raising your Hand in Zoom Webinar:

1.Click Raise Hand in the webinar controls. The host will be notified that you've raised your hand.

2.If the host allows you to talk, you may be prompted to unmute yourself. While unmuted, your profile picture and name is displayed to the host and panelists. Only your name is displayed to other attendees.

3.Click Raise Hand in the webinar controls to lower it, if needed. This will not mute yourself if you are unmuted.

Zoom Shortcuts:

Windows: You can also use the AltY keyboard shortcut to raise or lower your hand.

Mac: You can also use the OptionY keyboard shortcut to raise or lower your hand.

Please click the link below to join the webinar:
http://citycouncil-live.unioncity.org/
Passcode: Mr6%qH6P
Or Telephone:

Dial (for higher quality, dial a number based on your current location):

US: +1 213 338 8477 or +1 301 715 8592 or +1 408 638 0968 or +1 646 518 9805 Webinar ID: 928 8582 6000
Passcode: 52282697
ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting.

City Council/RSA Agenda 4 Tuesday, January 25, 2022
3511412.1
City Council/RSA Agenda 5 Tuesday, January 25, 2022
Agenda Item
ATTACHMENTS:

Description Type
General Service EOY- Sharon Petrehn Attachment
Public Safety EOY- Ian Hobson Attachment
PW/CRS EOY- Rose Corsi Attachment
City Council/RSA Agenda 6 Tuesday, January 25, 2022

CITY OF UNION CITY

PROCLAMATION

In Recognition of Sharon Petrehn
2021 General Government Employee of the Year

WHEREAS, Sharon has worked for the City since January 2015, and

WHEREAS, she takes the initiative to recognize tasks that need to be completed and steps in to guide new employees, represents the City in meetings with public agencies, welcomes elected officials to Union City gatherings, responds to cyber-attacks and COVID-19, and performs an array of responsibilities in the City Manager’s Office; and
WHEREAS, Sharon spearheaded the response to the homeless challenge by envisioning a path to follow, facilitating multiple department meetings, and securing funding grants to create a full time Homeless Coordinator position, and
WHEREAS, Ms. Petrehn will gently nudge fellow employees to complete their power point presentations to City Council to provide time for technical fixes performed by Sharon; and WHEREAS, Sharon’s skill, persistence, and energy earned her the title “Jane of All Trades” by fellow employees.

BE IT THEREFORE RESOLVED, that the City Council of the City of Union City extends its gratitude and commendation to Sharon Petrehn as the Union City General Government Employee of the Year.

DATED: JANAURY 25 2021
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
JAIME PATIÑO, Vice Mayor
_________________________________________
EMILY DUNCAN, Councilmember
_________________________________________
PAT GACOSCOS, Councilmember
_________________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 7 Tuesday, January 25, 2022

CITY OF UNION CITY

PROCLAMATION

In Recognition of
Personnel and Training Supervisor Ian Hobson,
Union City Police Department 2021 Employee of the Year

WHEREAS, Ian demonstrates service from the heart and exhibits unmatched work ethic and professionalism on a regular basis by going above and beyond his regular duties; and WHEREAS, Ian worked tirelessly on a City Council proposal involving a multi-faceted recruitment campaign. The campaign included an updated web design, recruitment videos and digital recruitment aimed to decrease a record high vacancy rate which caused mandatory overtime and canceled vacations. In August of 2021, the Mayor and City Council unanimously approved Ian’s proposal; and WHEREAS, Ian managed to meet the demands of our community by hiring twenty-five highly qualified applicants who desired a career in law enforcement for the right reasons. On multiple occasions, new police employees described the biggest difference between UCPD and other agencies as Ian’s professionalism, responsiveness and ability to highlight a culture they wanted to be a part of; and

WHEREAS, Ian still managed to find time to coordinate activities related to the Special Olympics.

It is truly service from the heart when one dedicates themself to a program that supports children and adults with intellectual disabilities, competing in sports and having a passion to do their best. In 2021, the President of the Special Olympics, described Ian’s dedication and leadership as being instrumental in the success of their torch run, which raised over $285,000 in Northern California.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City does herby express its appreciation to Supervisor Ian Hobson for his service to the residents of the City of Union City and extend to him on behalf of the City Council our congratulations on being selected “Public Safety Employee of the Year for 2021”.

DATED: JANAURY 25, 2022
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
JAIME PATIÑO, Vice Mayor
_________________________________________
EMILY DUNCAN, Councilmember
_________________________________________
PAT GACOSCOS, Councilmember
_________________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 8 Tuesday, January 25, 2022

CITY OF UNION CITY

RESOLUTION

Honoring Rosalie Corsi - 2021 Employee of the Year
Public Works Maintenance and Community and Recreation Services

WHEREAS, Rosalie Corsi started her career with the City of Union City and the Community and Recreation Services Department as a part-time Tot Teacher in 2010; and was promoted to Site Supervisor for the Licensed Preschool Program in 2011. She has displayed outstanding attributes that make for an exceptional employee for Union City; and WHEREAS, Rosalie has always been a hard worker who takes pride and ownership of the Holly Preschool Program. She displays tremendous initiative, willing to do whatever is needed to get job done; and Rosalie is also a true professional who always leads by example and holds herself to high standard; and WHEREAS, Rosalie demonstrates her dedication to the City, Community and Recreation Services and the Holly Licensed Preschool Program, by applying for a variety grants that increase the quality and experience of participants. She has been credited with the City being awarded over $17,000 in grants that included upgrades to the preschool playground, purchases of educational materials, classroom furniture and PPE supplies during the pandemic; and WHEREAS, Rosalie is very resourceful in researching and attaining grants, stipends, donations from local businesses and parents. She encourages co-workers to apply for stipends for professional growth opportunities in the Child Development field. Rosalieregularly partnerswith other staff to create new and exciting fundraising events for the families and community; and
WHEREAS, Rosalie projects a positive image by always being approachable and professional, and these qualities are what makes her so well-liked and respected by the public, her families, and her co-workers; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City, does hereby express its appreciation to Rosalie Corsi for her service to the City of Union City, and extends to her congratulations for the honor bestowed upon her as the 2021 Public Works Maintenance and Community and Recreation Services Employee of the Year.

DATED: JANUARY 25, 2022
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
JAIME PATIÑO, Vice Mayor
_________________________________________
EMILY DUNCAN, Councilmember
_________________________________________
PAY GACOSCOS, Councilmember
_________________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 9 Tuesday, January 25, 2022
Union City Council Meeting
January 25, 2022
Presenter: Ed Stevenson, General Manager
Alameda County Water District
Water and Drought Update
San Luis Reservoir, Photo Credit: DWR, 2021
City Council/RSA Agenda 10 Tuesday, January 25, 2022
ACWD’s Mission
• It is the mission of the Alameda County
Water District to provide a reliable supply of high quality water at a reasonable price to our customers. 2 Slide 2
City Council/RSA Agenda 11 Tuesday, January 25, 2022
Multiple Supply Sources =
Resiliency/Flexibility
Typical Water
Supplies
Slide 3
City Council/RSA Agenda 12 Tuesday, January 25, 2022
Drought Conditions
Slide 4 Source: CA Dept. of Water Resources https://cdec.water.ca.gov/resapp/RescondMain • Prior two water years were among driest on record
– Storage in State reservoirs nearly depleted
• Recent rain/snow very helpful, but currently about ½ of total precipitation for an average water year
– ~140% of average needed
• State emergency declaration, curtailment
orders impacting all ACWD imported supplies (60% of typical supply) • San Francisco PUC emergency
declaration November 23rd.
– Seeking 10% demand reduction.
• State water allocation 15%; increased
January 20th from initial 0%.
– ACWD relying mostly on stored water– Conservation is key City Council/RSA Agenda 13 Tuesday, January 25, 2022
Water Shortage Emergency
Ordinance
• ACWD Water Shortage Emergency
– Declared Stage 2 on December 9, 2021 due to drought conditions & limitations on imported water supplies
– Ordinance includes restrictions, regulations & guidelines for use • Water Savings Target
– 15% District-wide reduction by targeting certain uses– No mandatory rationing or % reduction by account– Reduce peak summer month demands • Focus of Restrictions
– Minimizing waste and non-essential uses– Minimize landscape irrigation, while still maintaining plants, trees, and the long-term viability of turf
– Encouraging tree care, gardens that produce food, and waterefficient gardens Slide 5
City Council/RSA Agenda 14 Tuesday, January 25, 2022
Customer Water Use Trends
Slide 6
City Council/RSA Agenda 15 Tuesday, January 25, 2022
Save Water and Money!
Drought Information, Rebates & Resources:

ACWD.org/drought
Water Efficient
Landscape Rebate
$2/sq ft.

Rachio Smart
Sprinkler Controller
Discounted Price $100
Free Fix a Leak & Water
Conservation Kits
Slide 7
City Council/RSA Agenda 16 Tuesday, January 25, 2022
Water Rates Update
 Five public workshops held during 2021 to discuss rates & related financial topics
 Special notice mailed to customers December 22 January 20 - Community Information Meeting February 10 - Public Hearing to consider proposed rates If approved, rates will go into effect March 1 More information and protest form available at acwd.org/rates  Proposed rate increase includes:
 6% increase on fixed charge (varies by meter size; about $2.33 increase per bimonthly bill for a typical household)
 No change to per-unit charge for water used in normal years Drought surcharge or ‘stage rate’ structure for use during shortages (under the current emergency, surcharge would be about $0.787 per billing unit: 100 cubic feet or about 748 gallons) Slide 8
City Council/RSA Agenda 17 Tuesday, January 25, 2022
How do ACWD Water Rates Compare?
Slide 9
City Council/RSA Agenda 18 Tuesday, January 25, 2022
QUESTIONS?
One Saves Water
Action. Person. Community.

Slide 10
City Council/RSA Agenda 19 Tuesday, January 25, 2022
Reference Slides
Slide 11
City Council/RSA Agenda 20 Tuesday, January 25, 2022
Rates Proposal
 Proposed rate increase includes the following components:
 A weighted average increase to fixed charge revenues of six percent (exact amount varies based on meter size); results in a $2.33 increase per bimonthly bill for a typical household  No change to the existing consumption charge of $4.596 per 100 cubic feet (about 748 gallons)
 A drought surcharge of $0.787 per 100 cubic feet – it’s structured as a per unit charge so customers who use less pay less. Totals $12.59 per bimonthly bill for a typical household using 1,600 cubic feet bimonthly (if they can conserve, total commodity charges and surcharges would be less). Proposed surcharges can be adjusted if the level of water shortage emergency changes  Updates to charges paid for dedicated fire service lines  In non-drought conditions, the typical customer will see about a 2% increase
Slide 12
City Council/RSA Agenda 21 Tuesday, January 25, 2022
Estimated Water Rate Increase
Breakdown
Provides about $2.3M total
new funding Slide 13
City Council/RSA Agenda 22 Tuesday, January 25, 2022
Other Major Initiatives Underway
 Advanced Metering Infrastructure (AMI) Project
 Meter upgrades & new online portal on the way for all customers!  Alvarado-Niles Pipeline upgrades underway Alameda Creek Fish Ladders & Fish Screens nearly complete
 Sustainable Groundwater Management Programs Clean Energy Program  ACWD transitioning to Zone-Based Elections Slide 14
City Council/RSA Agenda 23 Tuesday, January 25, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft minutes 1/6/2022 sp Attachment
Draft minutes 1/11/2022 sp Attachment
Draft minutes 1/11/2022 Attachment
City Council/RSA Agenda 24 Tuesday, January 25, 2022

MINUTES

CITY OF UNION CITY

CITY COUNCIL

SPECIAL MEETING
Thursday, January 6, 2022
4:30 PM
City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587
Consistent with California State Assembly Bill 361, the City Council participated in the Closed Session meeting via phone/video conferencing.

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 4:30 p.m.

1.a. Roll Call Present: Councilmembers Duncan, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci.

Absent: Councilmember Gacoscos

2. ORAL COMMUNICATIONS - None

3. CONSENT CALENDAR
It was moved by Councilmember Duncan and seconded by Councilmember Singh to adopt consent calendar item 3.a. The motion was carried by the following roll call vote:

AYES: Councilmembers Duncan, Singh, Vice Mayor Patiño, Mayor DutraVernaci NOES: None
ABSENT: Councilmember Gacoscos
ABSTAIN: None

3.a. Adopted Resolution No. 5876-22 Setting the 2022 Calendar Year City Council Meeting Schedule
City Council/RSA Agenda 25 Tuesday, January 25, 2022

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 4:34 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 26 Tuesday, January 25, 2022

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, January 11, 2022
6:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587
Consistent with California State Assembly Bill 361, the City Council participated in the Closed Session meeting via phone/video conferencing.

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:04 p.m.

Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci

Absent: None

2. ORAL COMMUNICATIONS - None

3. CLOSED SESSION

3.a. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code Section 54957.6
Agency designated representative:

Lilybell Nakamura, Chief Human Resources Officer
Jeff Bailey, IEDA Representative
Employee organization:

Management Employees Group (MEG)
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Union City Police Management Association (UCPMA)
Union City Police Officers Association (UCPOA)

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:33 p.m. with no reportable action.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 27 Tuesday, January 25, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, January 11, 2022
7:00 PM
Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council participated in the public meeting via phone/video conferencing, with all votes conducted by a roll call vote.

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci waived the pledge as the meeting was virtual.

1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci

Absent: None

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Introduction of New and Promoted Employees
Department heads introduced their new and promoted employees.

4. ORAL COMMUNICATIONS - None

5. CONSENT CALENDAR
It was moved by Councilmember Singh and seconded by Councilmember Gacoscos to adopt consent calendar items 5.a. through 5.h. The motion was carried by a unanimous roll call vote.

5.a. Waived Further Reading of Proposed Ordinance
City Council/RSA Agenda 28 Tuesday, January 25, 2022
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approved the Minutes of the City Council Meetings Held on December 14, 2021 and December 20, 2021

5.c. Adopted Ordinance No. 894-22 Adding Section 2.05.050 to Chapter 2.05 “Campaign Reporting Requirements” of the Union City Municipal Code to Require Electronic Filing of Campaign Statements

5.d. Adopted Resolution No. 5877-22 Authorizing the City Manager to Execute Contract Amendment No. 9 to Extend the Union City Transit Fixed-Route and Demand Response Operations and Maintenance Agreement with MV Transportation for an Additional Six Months Through June 30, 2022

5.e. Adopted Resolution No. 5878-22 Authorizing the City Manager to Execute a Consulting Services Agreement with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Design) of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East West Connector), City Project No. 18-04, in the Amount of $1,200,000

5.f. Adopted Resolution No. 5879-22 Authorizing the City Manager to Enter into an Agreement in an Amount Not-to-Exceed $160,000 with TBWBH Props and Measures, Including Public Polling with Godbe Research, to Provide Professional Services Regarding the Consideration of Future Tax Measures

5.g. Adopted Resolution No. 5880-22 Finding That There Is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30 day Period Beginning January 11 Pursuant to AB 361

5.h. Adopted Resolution No. 5881-22 of the City Council of the City of Union City Confirming the Continued Existence of a Local Emergency Due to COVID-19

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Informational Report and Receive Council Direction Regarding Tobacco Retail License Update
Management Analyst Sharon Petrehn presented the staff report with staff recommendation to proceed with an update to the tobacco retail licenses after the November 2022 elections results are available, as updating the ordinance is not currently part of the strategic plan and staff is fully engaged with Council priorities established in the 5-year strategic plan. Staff responded to questions from Council.

Public comment was given by the following individuals: Amaya Wooding, Blythe Young, Krupa (no last name given), Isha (no last name given), Bob Gordon, Lizzie Velten, Subru Bhat, Fatima (no last name given), Aditya Indla, Kavita (no last name given), Roma Tivare, Soorya Ramaraju, Deanna Canales, Shamsa Rafay, and Vinita Verma.

City Council/RSA Agenda 29 Tuesday, January 25, 2022
Council provided comment and gave direction to proceed with update when staffing became available.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño reported on his attendance of the East Bay Community Energy Committee meeting.

Mayor Dutra-Vernaci reported on her attendance of the Alameda County Mayors Conference, and meeting of the Metropolitan Transportation Commission and Alameda County Transportation Commission.

13. GOOD OF THE ORDER
Vice Mayor Patiño stated that he attended the first meeting of the League of California Cities' Governance, Transparency, and Labor Relations Policy Committee, and a Health Care Services meeting for Elected Officials.

Mayor Dutra-Vernaci stated she virtually attended the Annual Martin Luther King, Jr.

Commemoration event held by the Afro American Cultural & Historical Society.

Mayor Dutra-Vernaci noted she will not attend the U.S. Mayors Conference this year due to the uptick in COVID-19 cases caused by the Omicron variant.

14. CLOSED SESSION - None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:28 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 30 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION RATIFYING PRIOR SERVICES RENDERED, IN THE AMOUNT OF $447,200, AND APPROVING AMENDMENT NO. 1 TO

CONTRACTUAL SERVICES AGREEMENT WITH CAL-WEST LIGHTING
& SIGNAL MAINTENANCE, INC., IN THE AMOUNT OF $747,200, FOR

THE TRAFFIC SIGNAL MAINTENANCE PROGRAM, CITY PROJECT
NO. 21-26, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $834,750
Staff recommends that the City Council adopt a resolution ratifying prior services rendered, in the amount of $447,200, and approving Amendment No. 1 to Contractual Service Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the amount of $747,200, for the Traffic Signal Maintenance Program, City Project No. 21-26, for a total not-to-exceed contract amount of $834,750 (Attachment A).

STRATEGIC PLAN ALIGNMENT
The action is not an identified strategy in the Strategic Plan.

BACKGROUND
Union City has sixty-one (61) existing traffic signalized intersections and two (2) Rectangular Rapid Flashing Beacons (RRFB) crossings within the City. The City receives federal, state and local transportation capital grant funds for upgrading and improving various traffic signal systems to meet current standards, maintenance, and upgrading electrical equipment which require professional specialized maintenance and services that Public Works Maintenance does not provide.

DISCUSSION
Cal-West Lighting & Signal Maintenance, Inc. (Cal-West), provides specialized and professional traffic signal and street light maintenance services to Union City and other Bay Area cities. Cal-West has extensive City Council/RSA Agenda 31 Tuesday, January 25, 2022
experience with traffic signal systems and is very familiar with the City’s infrastructure, geographic complexities, and intricacies of each intersection. City staff collaborate and coordinate extensively with Cal- West staff, who are readily available and responsive. They provide cost effective solutions that allow the City to meet the required traffic safety conditions within the public rights-of-way.

On February 1, 2018, the City entered into a one-year Contractual Services Agreement, C5175, with Cal-West Lighting & Signal Maintenance, Inc., for the Traffic Signal Maintenance Program in the amount of $87,550.

The Contractual Services Agreement expired on February 1, 2019, and staff inadvertently continued to utilize Cal-West Lighting & Signal Maintenance, Inc., to provide valuable maintenance services consistent with the same terms and rates as provided in the original Contractual Services Agreement. Cal-West Lighting & Signal Maintenance, Inc., was paid according to the services provided in the additional amount of $447,200, which was in excess of the $87,550 provided for in the original agreement. All services were timely and satisfactorily performed under the terms and conditions of the originalagreement.

A review of the current maintenance program was determined to be sufficient and will continue to include routine inspections to ensure the operation of traffic signals, with written inspection data reports, and will address any needed repairs to equipment or materials. The Maintenance Extras will include unforeseen maintenance effort required for response to callouts or emergency work, such as traffic signal knockdowns, traffic cabinet issues, and power issues.

Amendment No. 1 to Contractual Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the amount of $747,200, will provide Council ratification of the $447,200 in payments related to services that were already rendered and will authorize future payments up to $300,000 for services that will allow Cal-West Lighting & Signal Maintenance, Inc., to continue to provide weekly routine traffic signal maintenance, assistance and support with the City’s traffic signal improvement projects and response to emergency callouts for traffic signal malfunctions and signal pole knockdowns.

Traffic signal maintenance service costs for Amendment No. 1 are as follows:

Prior Services Rendered $447,200
TOTAL PRIOR SERVICES RENDERED (A) $447,200
Annual Traffic Signal Maintenance $122,400
Annual Maintenance Extras $ 77,600
ANNUAL MAINTENANCE & EXTRAS (B) $200,000
ADDITIONAL SIX MONTHS (C) $100,000
AMENDMENT NO. 1 TOTAL (A + B + C) $747,200
The proposed contract amendment extends services for 18 months through June 30, 2023.

FISCAL IMPACT
The total cost for Amendment No. 1 to Contractual Services Agreement, C5175, with Cal-West Lighting & Signal Maintenance, Inc., for the Traffic Signal Maintenance Program, City Project No. 21-26, is $747,200.

The prior services provided from the time the original agreement expired on February 1, 2019, through December 31, 2021, were paid with annual operations and maintenance funds from the Lighting and Landscape District Fund (Fund 2591), the Gas Tax Fund (Fund 2510) and the Traffic Signalization Fund (Fund 2610).

The $300,000 included for future services will be funded with Traffic Signalization Fund (Fund 2610) monies included in the approved Two-Year Budget (FYs 2021-2022 & 2022-2023) by transferring $300,000 from the Traffic Signal Upgrades Project (2610-3199-30506-54111) to the Traffic Signal Maintenance Program (2610- City Council/RSA Agenda 32 Tuesday, January 25, 2022
3199-92126-54111).

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:

1. Ratifying prior services rendered after the expiration of the original Contractual Services Agreement, C5175, in the amount of $447,200, for traffic signal maintenance from February 2, 2019 through December 31, 2021.

2. Approving Amendment No. 1 to Contractual Services Agreement, extending the term of the contract from February 2, 2019 through June 30, 2023, in the amount of $747,200, for a total not-to-exceed contract amount of $834,750.

3. Amending the FY 2021-2022 & FY 2022-2023 Traffic Signalization Fund (Fund 2610) budget by transferring $300,000 from the Traffic Signal Upgrades Project (2610-3199-30506-54111) to the Traffic Signal Maintenance Program (2610-3199-92126-54111).

4. Authorizing the City Manager to execute Amendment No. 1 to Contractual Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., of San Jose, CA.

Prepared by:

Murray Chang, Civil Engineer III
Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A - First Amendment to Cal-West Agreement Attachment Resolution Resolution
Public Comment Attachment
City Council/RSA Agenda 33 Tuesday, January 25, 2022

FIRST AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 3rd day of January 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and CALWEST LIGHTING & SIGNAL MAINTENANCE, INC. ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:

WHEREAS, on February 1, 2018, the Parties entered into a Traffic Signal Maintenance Services Agreement, C5175 (“Agreement”), in the amount of $87,550, wherein the Consultant was to provide the City with services for the Public Works Department for one year; and WHEREAS, the Agreement expired on February 1, 2019 and staff inadvertently continued to utilize the Consultant to provide traffic signal maintenance along with periodic street light maintenance by replacing light bulbs on an as-needed basis under the expired Agreement; and WHEREAS, the Consultant timely and satisfactorily provided all services under the terms and conditions of the expired Agreement; and
WHEREAS, the City compensated the Contractor for this work performed totaling $447,200; and WHEREAS, the Parties agree to ratify prior services provided under the Agreement; and WHEREAS, the Parties now desire to amend the Agreement to extend the term of services, to further clarify the scope of services and increase the compensation to be paid by City to Consultant to reflect extended term of services; and
WHEREAS, the City and Consultant desire to enter into this First Amendment.

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

1. The “Term of Services” as set forth in the first sentence of Section 1.1, is hereby extended to June 30, 2023.

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

3. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon an increase of Seven Hundred Forty-Seven Thousand Two Hundred Dollars ($747,200). The total compensation under the Agreement including this First Amendment shall not exceed a total contract amount of Eight Hundred Thirty-Four Thousand Seven Hundred Fifty dollars ($834,750). The first sentence shall now read:
a. City hereby agrees to pay Consultant a sum not-to-exceed Eight Hundred ThirtyFour Thousand Seven Hundred Fifty dollars ($834,750), notwithstanding any City Council/RSA Agenda 34 Tuesday, January 25, 2022
contrary indications that may be contained in Consultant' s proposal for services to be performed and reimbursable costs incurred under this Agreement.

4. All other provisions of the Agreement remain in full force and effect, except as modified by this First Amendment.

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

THE CITY OF UNION CITY CAL-WEST LIGHTING AND SIGNAL
MAINTENANCE, INC.

By By
Joan Malloy Craig Geis
City Manager President
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 35 Tuesday, January 25, 2022

EXHIBIT A

SCOPE OF SERVICES

WORK PLAN/APPROACH
We understand the City of Union City’s program requirements and are ready to continue providing the staff and equipment needed to service the City. Cal-West agrees to furnish all labor, tools and equipment, and materials necessary to perform services needed to properly maintain the Signalized Intersections owned by City of Union City. The Contract covers the Traffic Signal system, the interconnect system, safety lighting, IISNS signs, Battery Back-Up system, the Emergency Pre-emption system, CCTV and On-Street masters.

It is understood that all services including labor, tools and equipment, materials furnished, and work performed will be done in a good and workmanlike manner by Cal-West and is subject to the inspection and approval of the City and its inspectors or representatives.  Cal-West agrees to supply and perform a continuous and comprehensive Routine Traffic Signal support program and shall maintain a detailed record listing the Date received, the Date serviced, all work performed, and all materials used upon responding to any service call. Any parts found to be worn out or defective in which case could cause a Traffic Signal to fail or malfunction will be repaired or replaced with same or equivalent as approved by the City Engineers.  Cal-West agrees that any work performed, or materials used during the allotted period of Scheduled Maintenance shall have “NO ADDITIONAL LABOR CHARGE” and shall cost the rate of materials only.  Cal-West shall perform other maintenance related work other than described above as requested and/or directed
by the City. Cal-West agrees to provide the same services for the repair, replacement, or servicing of equipment that the City may own and call upon from time to time.  Cal-West shall designate representatives who will be available to the Engineer for consultation upon request.
 Cal-West shall immediately notify the City’s Police/Sheriff Department and the Engineer of any Signal turn-offs or
Signal on Flash necessitated by their operations in excess of fifteen (15) minutes.  Cal-West shall maintain adequate storage and shop facilities and a sufficient stock of fully tested controllers, spare
parts and signal equipment to effectively maintain Traffic Signals.  Cal-West shall either hold in its shop and storage facilities, or deliver to a location designated in the City, any salvageable equipment or material as per direction of the Engineer. Cal-West shall properly dispose of any equipment declared non-salvageable as per direction of the Engineer.  Permanent repair work of proposals generated from normal maintenance and emergency response shall be completed as soon as possible and in all cases within twenty-one (21) calendar days or less, unless extended in writing by the City Engineer.

City Council/RSA Agenda 36 Tuesday, January 25, 2022
 Cal-West has never issued a change order on any quotes/proposals that we provide. We stand behind our estimates and pricing. Our estimators and project managers review the scope of your project, discuss any details and timelines required to ensure meeting/exceeding our Cities/Counties expectations.
 On-Line Electronic Record System
Our web-hosted computerized routine and emergency maintenance reporting program was developed and designed by Cal-West in conjunction with our software provider. The program is configured to our specific Traffic Signal Maintenance Programs. Our user-friendly system captures full routine maintenance, emergency calls, and all equipment inventory records. This system is available to the City and will be available at no cost to the City.

Cal-West has not been terminated from any maintenance contracts and has never failed to satisfactorily complete any work awarded.

ROUTINE MONTHLY MAINTENANCE (Traffic Signals)
Preventive Monthly Maintenance (routine)

1. Inspect Signal Controller and Cabinet Contents for proper functioning to include:
a. Check general overall appearance of Controller Cabinet, Type 3 Service and Battery Back-Up Cabinets (vacuum if necessary)
b. Check presence of Signal Cabinet Wiring Schematics and Records c. Verify current Signal Controller Timing-Logs
d. Verify Programmed Signal Controller Timing matches Intersection Timing-Logs e. Signal Controller and Conflict Monitor functioning in relation to traffic f. Loop Detector Amplifiers (tune if necessary)
g. Video Detection Unit/Camera Alignment (if applicable) h. Load Switches and Relays
i. Light Switches and Ground-Fault Receptacles
j. Cabinet Fan and Thermostat
k. Battery Back-Up Unit charging system (if applicable) l. Inspect Pre-emption System
m. Inspect Signal Interconnect
n. Wire Terminals for corrosion and integrity of all wire connectionsns (including BBS battery terminals)
o. Ground Rod and Grounding System for corrosion and integrity of wire connections p. Cabinet Filter for cleanliness and serviceability (clean or vacuum if necessary) q. Weather-proof gasket on Controller Cabinet and all other associated Cabinets r. Inspect hinges and door locking mechanisms and lubricate if needed

2. Inspect Intersection for proper functioning to include:
s. Vehicular Signals for alignment, paint, outages, bent, broken, corroded hardware t. Pedestrian Signals and Audibles for alignment, paint, outages, bent, broken, corroded hardware
u. Ped Push-Buttons for Signal Controller actuation and bent, broken, corroded hardware v. Signal Poles for paint, dents or cracks and missing hand hole covers w. Pull-Boxes for cracked, broken or missing lids.

City Council/RSA Agenda 37 Tuesday, January 25, 2022
x. Loops in Roadway for exposed, torn, or broken wires

3. Record Date and Time along with findings and work performed Preventive Semi-Annual Maintenance (to coincide with monthly)

1. Take voltage measurements from Back-Up Batteries

2. Test Battery Back-Up by disconnecting PG&E power at service cabinet

3. Visually check integrity of wire splices

4. Adjust all mast arm mounted street name signs as needed

5. Record Date and Time along with findings and work performed Preventive Annual Maintenance (to coincide with monthly and semi-annual)

1. Inspect Utility Electrical Service Cabinet and hardware supplying power to Signal Controller Cabinet

2. Take voltage measurements at service inputs to Signal Controller Cabinet from Utility Service Feed

3. Take voltage measurements at BBS inputs from Utility Service Feed (if applicable)

4. Take voltage measurements at service inputs to Signal Controller Cabinet from BBS (if applicable)

5. Replace Signal Cabinet Filter if nylon-mesh type

6. Vacuum and clean Signal Cabinet Filter if aluminum-mesh type

7. Inspect hinges and locking mechanisms on All Signal Associated Cabinets and lubricate if needed

8. Record Date and Time along with findings and work performed MONTHLY MAINTENANCE (Extras)

1. Items not listed in “Routine Maintenance” shall be billed as “Maintenance Extras” in accordance with and outlined under Labor and Equipment, and Material Rates to include:
a. Emergency service calls such as but not limited to Signal Controller malfunction or knock-downs
b. Work performed or materials used outside of the allotted period of Scheduled Maintenance or malfunctions caused by vandalism, pole or equipment knock-down, lightning strike, earthquake, or other acts of God
c. The correction, repair or replacement of materials or equipment installed or modified by another party other than Cal-West.

1. ROUTINE MONTHLY MAINTENANCE (Traffic Signals)
 Routine Traffic Signal Maintenance rates are set under the assumption of Routine services being performed within one (1) hour or less per-intersection.

City Council/RSA Agenda 38 Tuesday, January 25, 2022
 Traffic Signals: Routine Maintenance of Traffic Signals shall cost the rate of seventy-five dollars ($75.00)
per-intersection per-monthly inspection.

The estimated Annual cost for Traffic Signal Maintenance/Calls - $10,200 per month (average) or ($ 122,400/year)
Any work performed or materials used during the allotted period of Scheduled Maintenance shall have
“NO ADDITIONAL LABOR CHARGE”
and shall cost the rate of materials only, listed under “Material Rates”

2.MONTHLY MAINTENANCE EXTRAS
Items not listed in “Routine Maintenance” shall be billed as “Maintenance Extras” in accordance with and outlined under Labor and Equipment, and Material Rates to include:
a. Emergency service calls such as but not limited to Signal Controller malfunction or knock-downs
b. Work performed or materials used outside of the allotted period of Scheduled Maintenance or malfunctions caused by vandalism, power issues, pole or equipment knock-down, lightning strike, earthquake, or other acts of God c. The correction, repair, or replacement of materials or equipment installed or modified by another party other than Cal-West
The estimated Annual cost for Maintenance Extras - $77,600/year Routine Traffic Signal Maintenance $ 122,400
Maintenance Extras (Emergency Services) $ 77,600
Total Annual Maintenance Costs $ 200,000
Additional 6 Months (until 6/30/2023) $ 100,000
__________________________________
Total Contract $ 300,000
Labor and Equipment Billing
A. Normal Straight-Time rates apply between the day-time hours of: 0700hrs to 1600hrs Over-time rates apply between the Evening hours of: 1600hrs to 0700hrs B. Normal Straight-Time rates apply during normal business hours Monday-thru-Friday Over-Time rates apply after normal business hours, Weekends, and Holidays City Council/RSA Agenda 39 Tuesday, January 25, 2022
C. There shall be no half hour or hour minimum charge on day-time calls Labor and Equipment charges for Day-Time calls shall be billed in fifteen (15) minute increments D. There shall be a two (2) hour minimum charge for Emergency calls in the Evening hours Evening calls, after the two (2) hour minimum, shall be billed in fifteen (15) minute increments Labor:

Straight-Time Over-Time
Traffic Signal Technician: $ 125.00 / hr $ 215.00 / hr
General Laborer: $ 75.00 / hr $ 115.00 / hr
Equipment:

Straight-Time Over-Time
Service (Bucket) Truck: $ 30.00 / hr $ 30.00 / hr
Crane (Boom) Truck: $ 30.00 / hr $ 30.00 / hr
Dump Truck: $ 25.00 / hr $ 25.00 / hr
Material Rates
MATERIALS: All material rates shall be set at invoice cost plus an overhead mark-up of: 10% 5045885.1
City Council/RSA Agenda 40 Tuesday, January 25, 2022
RESOLUTION NO._____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY RATIFYING PRIOR SERVICES RENDERED, IN THE AMOUNT OF $447,200, AND APPROVING AMENDMENT NO. 1 TO CONTRACTUAL SERVICES
AGREEMENT WITH CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC., IN THE AMOUNT OF $747,200, FOR THE TRAFFIC SIGNAL MAINTENANCE PROGRAM, CITY PROJECT NO. 21-26, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $834,750
WHEREAS, the City of Union City has sixty-one (61) existing traffic signals and two (2) existing Rectangular Rapid Flashing Beacons (RRFB) crossings within the City; and WHEREAS, the City of Union City receives Alameda County’s Measure B, Measure BB, Vehicle License Fee (VLF) Funds, State and Federal transportation funds for traffic signal improvements and equipment upgrades to support the City’s Capital Improvement Program (CIP); and
WHEREAS, on February 1, 2018, the City entered into a Contractual Services Agreement, C5175, with Cal-West Lighting & Signal Maintenance, Inc., for a Traffic Signal Maintenance Program, in the amount of $87,550, for a one-year term (Agreement); and WHEREAS, the Agreement expired on February 1, 2019, and staff inadvertently continued to utilize the Consultant to provide traffic signal maintenance along with periodic street light maintenance on an as-needed basis under the expired Agreement; and WHEREAS, the Cal-West Lighting & Signal Maintenance, Inc., timely and satisfactorily provided all services under the terms and conditions of the expired Agreement; and WHEREAS, the City compensated Cal-West Lighting & Signal Maintenance, Inc., for the work performed, totaling $447,200, with funds from the Lighting and Landscaping District Fund (Fund 2591), the Gas Tax Fund (Fund 2510) and the Traffic Signalization Fund (Fund 2610); and
WHEREAS, the City and Cal-West Lighting & Signal Maintenance, Inc., agree to ratify prior services rendered under the expired Agreement; and WHEREAS, Amendment No. 1 to Contractual Services Agreement, C5175, with CalWest Lighting & Signal Maintenance, Inc., for the Traffic Signal Maintenance Program, City Project 21-26, in the amount of $747,200, will allow Cal-West Lighting & Traffic Signal Maintenance, Inc., to continue to provide weekly routine traffic signal maintenance, assistance with the City’s traffic signal improvement projects, and response to emergency callouts for traffic signal malfunctions and signal pole knock downs; and WHEREAS, Amendment No. 1 to Contractual Services Agreement, C5175, with CalWest Lighting & Signal Maintenance, Inc., will extend the term of the Agreement from February 2, 2019 through June 30, 2023.

City Council/RSA Agenda 41 Tuesday, January 25, 2022
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby authorize the City Manager to execute Amendment No. 1 to Contractual Services Agreement, C5175, with Cal-West Lighting & Signal Maintenance, Inc., of San Jose, CA, which increases the current contract by $747,200, bringing the total contract amount to $834,750, for the Traffic Signal Maintenance Program, City Project No. 21-26; and BE IT FURTHER RESOLVED that the City Council acknowledges the ratification of prior services rendered, in the amount of $447,200, for traffic signal maintenance for the period from February 2, 2019 through December 31, 2021; and
BE IT FURTHER RESOLVED that the City Council amends the FY 2021-2022 & FY 2022-2023 Traffic Signalization Fund (Fund 2610) budget by transferring $300,000 from the Traffic Signal Systems Upgrade Project, City Project No. 05-06, to the Traffic Signal Maintenance Program, City Project No. 21-26.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of January 2022, by the following vote:
5045887.1
City Council/RSA Agenda 42 Tuesday, January 25, 2022
5c next meeting public comment

KENDAHYL WALLACE
Sun 1/23/2022 8:33 AM
To: Anna M. Brown <[email protected]>; City Clerk <[email protected]> WARNING: External email. Please verify sender before opening attachments or clicking on links.

Anna
Good morning
Can you add my comment to section 5c at next city council  meeting next week.

Dear Staff and city council
There have  been a lot  street light outages across the city to keep track of .Could there be grants in place in the future to pay for a citywide upgrade of all city owned lights .Light outages have let to car accidents ,burglary and has open  the door for criminals to come to our city.A small child was hurt in a neighborhood in Union city because he couldn’t see the sidewalk. Lastly would like staff to have conversations with Cal west lighting about this issue.

Thank you
Kendahyl  Wallace
Sent from my iPhone
City Council/RSA Agenda 43 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION IN SUPPORT OF BCDC BAYADAPT: REGIONAL

STRATEGY FOR A RISING BAY
Staff recommends that the City Council adopt a resolution in support of the San Francisco Bay Conservation and Development Commission’s (BCDC) Bay Adapt: Regional Strategy for a Rising Bay.

STRATEGIC PLAN ALIGNMENT
Although this agenda item does not have alignment with a specific Strategic Plan goal, adoption of the resolution will support regionalefforts to address sea level rise impacts from climate change.

BACKGROUND
Attached to this staff report is a proposed resolution (Attachment 1) in support of BCDC’s Bay Adapt:

Regional Strategy for a Rising Bay. Also attached to this staff report is a BCDC publication regarding the program (Attachment 2).

The San Francisco Bay shoreline accounts for one-third of the California coastline; however, without adaptive measures to protect people, places, and habitat from flooding caused by rising sea levels, the Bay Area will likely experience two-thirds of the negative economic impacts. This resolution affirms the City's endorsement of the Bay Adapt Strategy for addressing resilience to future climate change and sea level rise in the Bay Area.

Bay Adapt began in 2019 as an initiative to establish regional agreement on the actions necessary to protect people and the naturaland built environment from rising sea levels in the San Francisco Bay Area. The BCDC brought together federal, state, regional, and local governments, agencies, and organizations along with community members to develop a consensus-driven strategy. Acting together supports Bay Adapt because impacts of climate change in the Bay Area are not constrained by jurisdictional boundaries. The joint platform was created to include nine actions and 21 tasks supporting the achievement of equitable outcomes for people, City Council/RSA Agenda 44 Tuesday, January 25, 2022
the environment, and the economy. Implementation of Bay Adapt includes the following actions:
• Collaborate on a “one Bay” vision to adapt to rising sea levels • Elevate communities to lead
• Broaden public understanding of climate change science and impacts • Base plans and projects on the best science, data, and knowledge • Align localand regional plans into a unified adaptation approach • Figure out how to fund adaptation
• Refine and accelerate regulatory approvals processes
• Fund and facilitate faster adaptation projects
• Track and report progress to guide future actions
The Bay Adapt Leadership Advisory Group (made up of an array of Bay Area leaders from public agencies, interest groups, community-based organizations, and academia) supports the Joint Platform and many members have agreed to help implement it at its October 2021 meeting. The Bay Area Regional Collaborative (BARC) Governing Board endorsed it on September 17th, 2021, and BCDC adopted the Joint Platform on October 21st, 2021.

DISCUSSION
The Bay Adapt effort relies on local jurisdictions acting in coordination with regional partners because the increasing impacts of climate change in the Bay Area are not constrained by jurisdictional boundaries or the planning and regulatory authorities of any one entity.

Implementation of the Bay Adapt plan would reduce flood risk; increase technical assistance for local governments and funding for adaptation; protect natural areas and wildlife; recognize and equitably support low-income, frontline communities; integrate adaptation into community-focused local plans; and accelerate permitting and project construction.

As this effort moves forward, there will be defined roles for participating and supporting actions across the Joint Platform. Implementation is occurring currently as partners in the region integrate Joint Platform actions into existing regional plans and practices. For example, the Association of Bay Area Governments and Metropolitan Transportation Commission’s Plan Bay Area 2050, is incorporating multi-hazards, including sea level rise.

Similarly, the San Francisco Estuary Partnership’s Estuary Blueprint, a map for regional actions on the health and resilience of Bay ecosystems, is also aligning with Bay Adapt actions.

As part of the Housing Element update, the City is required to prepare a Sea Level Rise Resiliency study and ensure the General Plan Safety Element includes policies related to adaptation and resiliency to mitigate the impacts of sea level rise. This study and policy guidance will inform the update to the City's Climate Action Plan, which is anticipated to begin in FY 22/23. As these updates move forward, staff will refer to the Bay Adapt joint platform actions to inform these updates.

FISCAL IMPACT
There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution endorsing Bay Adapt: Regional City Council/RSA Agenda 45 Tuesday, January 25, 2022
Strategy for a Rising Bay.

Prepared by:

Natalie Dean, Contract Planner, and Derek Farmer, Planning Manager Submitted by:

Derek Farmer, Planning Manager
ATTACHMENTS:

Description Type
Attachment 1: Draft Resolution XXXX-22 Resolution
Attachment 2: Bay Adapt Plan Attachment
City Council/RSA Agenda 46 Tuesday, January 25, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY IN SUPPORT OF BCDC BAY ADAPT: REGIONAL STRATEGY FOR A RISING BAY WHEREAS, climate change is accelerating rising sea levels, increasing storm frequency and intensity, and moving groundwater toward the surface. The confluence of more intense winter storms, extreme high tides, and higher runoff, with higher sea levels, will increase the frequency and duration of shoreline flooding long before areas are permanently inundated by sea level rise alone; and
WHEREAS, a major storm within the next decade in the Bay Area could result in temporary flooding impacts to 13,000 existing housing units and 70,000 planned housing units, 28,000 socially vulnerable residents, 104,000 existing jobs and 85,000 planned jobs, and 20,000 acres of wetlands habitat that may become permanently inundated within 40 years; and WHEREAS, there are multiple local, regional, state, and federal government agencies with authority over the Bay and its shoreline, and while local governments have broad authority over shoreline land use they have limited resources to address climate change adaptation; and WHEREAS, individual local actions, absent a regional context in which to make policy decisions, will lead to a “tragedy of the commons”; and WHEREAS, the San Francisco Bay Area is a vibrant, diverse, ecologically unique, innovative, and pioneering region that will be deeply and deleteriously affected by climate change without tremendous effort and investments to adapt to a constantly changing shoreline.

The San Francisco Bay shoreline constitutes approximately one-third of the California coastline, but the Bay Area is estimated to experience two-thirds of the negative economic impacts due to the flooding that would occur absent adequate measures to adapt and protect people, places, and habitat; and
WHEREAS, the Bay Area region’s most socioeconomically vulnerable frontline communities are at the greatest risk of exposure to climate threats, and the impacts of historic and ongoing social and economic marginalization will compound the risks posed by flooding to those communities by reducing a community’s or individual’s ability to prepare for, respond to, and/or recover from a flood event; and
WHEREAS, the Bay ecosystem is already stressed by human activities that have drastically lowered its adaptive capacity, and climate change will further alter that ecosystem by inundating or eroding remaining wetlands, changing sediment dynamics, altering species composition, increasing the acidity of Bay waters, changing freshwater flows and/or salinity, altering the food web, and impairing water quality. Moreover, further loss of tidal wetlands will increase the risk of shoreline flooding; and
WHEREAS, flood damage to vital shoreline development, public infrastructure, and facilities such as neighborhoods, commercial centers, airports, seaports, regional transportation City Council/RSA Agenda 47 Tuesday, January 25, 2022
Resolution No. XXXX-22

facilities, landfills, contaminated lands, and wastewater treatment facilities absent adaptation will require costly repairs and likely will result in the interruption or loss of vital services, large-scale social dislocation, and degraded environmental quality; and WHEREAS, the increasingly frequent and severe impacts of climate change in the Bay Area do not conform to jurisdictional boundaries or the planning and regulatory authorities of any one agency or organization; and
WHEREAS, in 2019, BCDC, in collaboration with a Leadership Advisory Group comprised of 35 Bay Area public, private, and non-profit leaders, embarked on the development of “Bay Adapt,” a consensus-driven strategy for regional sea level rise adaptation. The Leadership Advisory Group includes representatives from numerous public agencies, including the Association of Bay Area Governments/Metropolitan Transportation Commission (MTC/ABAG), San Francisco Bay Regional Water Quality Control Board, State Coastal Conservancy, Caltrans, BARC, BART, East Bay Regional Parks, US Army Corps of Engineers, San Francisco Bay Restoration Authority, San Francisco Public Utility Commission, Marin County, and BCDC, as well as environmental justice, environmental, business, scientific, civic, organizations, local government and flood manager networks, and academia; and WHEREAS, in 2020 and 2021, hundreds of stakeholders participated in the creation of the “Bay Adapt Joint Platform” through nine Leadership Advisory Group meetings, two public forums, many expert Working Group meetings, ten community and stakeholder focus groups, over 50 presentations to local governments around the region, and a month-long public feedback opportunity; and
WHEREAS, the Bay Adapt Joint Platform lays out a set of guiding principles, priority actions, and vital tasks whose implementation will enable the region, and most notably local governments, to adapt faster, better, and more equitably to a rising San Francisco Bay. If fulfilled, it will reduce flood risks for communities, businesses, infrastructure, and habitat; increase technical assistance for local governments and funding for adaptation; protect natural areas and wildlife; recognize and equitably support low-income, frontline communities; robustly integrate adaptation into community-focused local plans; and accelerate permitting and project construction of local adaptation projects; and
WHEREAS, the Bay Adapt Leadership Advisory Group supports the Joint Platform and many members agreed to help implement it at its October 2021 meeting, the BARC Governing Board endorsed it on September 17th 2021, and BCDC adopted the Joint Platform on October 21st 2021; and
WHEREAS, implementing the Joint Platform’s many and varied actions and tasks goes beyond the capacity of any single organization or jurisdiction, requires strong and diverse leadership and participation in all aspects of its implementation, and a broad coalition of stakeholders share responsibility for the success of the tasks outlined in the Joint Platform.

NOW, THEREFORE, BE IT RESOLVED, that the City of Union City supports the Bay Adapt Joint Platform, a regional strategy for a rising Bay, including the guiding principles, actions, City Council/RSA Agenda 48 Tuesday, January 25, 2022
Resolution No. XXXX-22

and tasks contained within, and looks forward to championing and supporting the implementation of Bay Adapt to ensure that it serves Union City and the Bay Area as a whole in achieving resilient and equitable adaptation to sea level rise.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 49 Tuesday, January 25, 2022

JOINT PLATFORM

BAY ADAPT
Regional Strategy for A Rising Bay
October 2021
Attachment 2
City Council/RSA Agenda 50 Tuesday, January 25, 2022

BAY ADAPT
Regional Strategy for A Rising Bay
Joint Platform
October 2021
City Council/RSA Agenda 51 Tuesday, January 25, 2022
3 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Contents
Getting Getting ready for sea level rise.....................................................................................................4 rise.....................................................................................................4 Sea level rise as an equity challenge.........................................................................................6 challenge.........................................................................................6 What is Bay Adapt?............................................................................................................................... Adapt?...............................................................................................................................8 Where do we start?............................................................................................................................... start?...............................................................................................................................13 Guiding Guiding Principles Principles for the Joint Platform..................................................................................1 Platform..................................................................................16 What does adaptation adaptation look like?................................................................................................1 like?................................................................................................17 The Joint Platform Platform Actions..............................................................................................................1 Actions..............................................................................................................19 People .........................................................................................................................20 Information............................................................................................................24 Plans...........................................................................................................................29 Projects......................................................................................................................34 Progress.......................................................................................................................39 Bay Adapt process process and Leadership Leadership Advisory Advisory Group (LAG)...................................... (LAG)......................................41 Photo credits | Page 2 from top to bottom: Jaclyn Mandoske (BCDC), Schyluer Olsen (BCDC), Jaclyn Mandoske (BCDC); Page 3 Illustration by Sophia Zaleski.

City Council/RSA Agenda 52 Tuesday, January 25, 2022
4 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Getting ready for
sea level rise
The Bay is rising. The time to
come together to act is now.

For most of the eight million of us who live around San Francisco Bay, sea level rise seems like a sleeper issue. As we walk the dog along our favorite waterfront, the waves don’t seem any taller. As we wait in traffic at the Bay Bridge toll plaza, the water level looks the same as ever. After a storm, however, those trying to traverse Corte Madera’s Lucky Drive, Sonoma’s Highway 37, or San Jose’s 237
underpass are noticing more water. Sea level rise is already here and starting to affect our highways and commutes;
another foot or two will seriously impact our homes, jobs and safety.

It’s subtle, but the Bay, fed by a swelling Pacific and melting glaciers and ice sheets, is growing faster than you think.

The rise is slow and steady now, but around 2040 scientists project it will speed up. By then, in the time it will take a current pre-schooler to graduate from college, it will be too late to start to prepare for the water that will be rising onto our airport runways and into our shoreline streets. And though you can’t see it, the groundwater table is also rising under your feet – pushed up as the Bay pushes in. Before long a big storm—like the train of atmospheric river events that drenched us over and over in 2017—will bring water into our basements and BART stations, onto our bridge
approaches, our ballparks, and even release decades of toxic pollution into our groundwater.

Going into another California drought and devastatingly dry fire season, it’s easy to push sea level rise to the back of our minds. But the San Francisco Bay Area metropolitan region stands to be one of the hardest hit coastal areas in North America. Sea level rise will be worse here than other places for a variety of reasons relating to our unique ocean conditions, atmospheric changes, and Pacific geography— and the fact that we’ve built our roads and homes right up to the edge of nearly every shore. Impacts are influenced by our history of toxic dumping and exclusionary land use practices. We’ve done the studies - we know what’s at risk when it comes to our people, our homes, our habitats, and our commutes. The threat is no longer vague. It’s past time for us to get ready.

At Risk of Flooding by 2060*
28,000socially vulnerable residents
1,900residents living near contaminated
sites
13,000existing housing units and another
70,000 new housing units
104,000existing jobs and another
85,000 new jobs
20,000 acres of wetlands, lagoon and
tidal marsh habitat
5 milliondaily highway vehicle trips
60,000daily rail commuters
*Impacts from flooding that could occur at 48” Total Water Level from the ART Bay Area Regional Sea Level Rise Vulnerability and Adaptation Study. According to California State Guidance, under the H++ scenario, which represents the highest risk and least likely scenario, sea level rise could reach 46.8” by 2060, which corresponds to ART’s 48” TWL scenario. Under the Likely Range, or Low-Risk Aversion high-emissions scenario, 48”of sea level rise will not occur until 2120. Photo courtesy of the King Tides Project.

City Council/RSA Agenda 53 Tuesday, January 25, 2022
5 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Preparing for the flooding, erosion, disruptions and
losses to come – whether our home, business,
commute, or favorite picnic area – is something
we all have to do together. Whatever the best local
solution, we have to consider our neighbors. If well-todo waterfront towns build sea walls, the Bay will just find the next weak spots on the shore and flow there.

That town next door may have a smaller tax base or
more elderly or vulnerable residents. If we leave them
unprotected, families will be forced to move away from
their homes, schools and places of worship - their
communities - sometimes with no place else to go.

Waiting for the aftermath of this slow-moving disaster
will just cost the region more later in emergency
services, habitat loss, building repairs, and lost family time and productivity.

Many of our families came to this region for its
freedoms, natural beauty, diverse cultures and myriad
opportunities. Over the decades we’ve grown even
more diverse, and ever more activist as we battle to
save our local creek, or stop devastating air pollution, or fight for equity. We’re restoring wetlands around
the Bay, and taxing ourselves to do it, enhancing a
natural first line of defense against flooding. So as we face down the advancing Bay we don’t have to start
from scratch. Your city, your county, your regional
government is already working on it. Now it’s time for
everyone to join the effort.

There’s no way around the need to think and plan like a region - the water that’s coming knows no boundaries.

Space for solutions is limited. Together, we can adapt to the increasingly scary checklist of challenges in the Bay Area. But we won’t get this done, and minimize the cost we pay in damage to lives and property, if we don’t act now, together.

As we face down the
advancing Bay we
don’t have to start from
scratch. Your city, your
county, your regional
government is already
working on it. Now it’s
time for everyone to join
the effort.

Community members enjoy the waterfront at Heron’s Head park in San Francisco. Photo by the Port of San Francisco licensed under CC BY 2.0.

City Council/RSA Agenda 54 Tuesday, January 25, 2022
6 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Sea level rise
as an equity
challenge
Tackling disproportionate
impacts on vulnerable
communities.

While everyone will feel the impacts of sea level rise to some degree, many factors have led to disproportionate
flooding and sea level rise vulnerability for low-income communities across the Bay Area and the nation. A
2019 study by the National Academy of Sciences on
urban flooding in the US revealed the populations that
are most vulnerable to flooding are nonwhite, nonnative English speakers, elderly, poor, chronically ill, uninsured, and renters1.

While it is broadly accepted that
environmental racism has been an
overarching theme for civilizations
throughout history, it is critical to
understand the patterns of racial injustice
that formed today’s cities and towns. After
Emancipation, white decision-makers
forced African Americans into undesirable
areas that experienced frequent flooding,
unhealthy air, and unsanitary water and
sewerage conditions. Industry and chemical
plants were regularly constructed close
to predominantly Black neighborhoods,
which led to lingering pollution and high
rates of cancer within these communities.

In the Bay Area, this often meant pushing
nonwhite communities to the marginalized
and often toxic Bay shoreline. These
discriminatory and deadly practices
continued for several decades.

Equity is the fair and just
distribution of financial and
institutional resources to
address impacts across
communities that stand to be
adversely affected by those
impacts, and commitment to
include those communities
in the development,
prioritization, and
implementation of adaptation
policies, programs, and
services.

Definition of equity provided by West Oakland Environmental Indicators Project and the Pacific Institute.
1 Committee on Urban Flooding in the United
States (2019). Framing the Challenge of Urban Flooding in the United States, National Academy of Sciences. https://www.nationalacademies.org/ourwork/urban-flooding-in-the-united-states Community members participating in the Oakland Shoreline Leadership Academy. Photo by Jordan Greedy.

City Council/RSA Agenda 55 Tuesday, January 25, 2022
7 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Residents of these communities have often attended
countless public meetings and focus groups to discuss
concerns in their communities with engineers, planners, and other government staff, but these professionals are rarely trained or experienced in equitable community
engagement. Historically, attempts to inform meaningful solutions for environmental justice problems have been
met with lack of accountability by local and regional
agencies, leading to high levels of distrust between
communities and governments.

The cumulative impact of underinvestment coupled with
lack of government accountability over the decades has
led to an extremely disproportionate and inequitable
situation for the residents of these communities.

This cycle adds insult to the daily injury of living in marginalized space and is exhausting to communities
that are already struggling to meet their daily needs.

A landmark moment for the environmental justice
movement occured in 1994, when President Clinton
signed Executive Order 12898, a federal action
to address environmental justice and included a
formalized definition (the definition can be found
in BCDC’s report Toward Equitable Shorelines:

Environmental Justice and Social Equity at the San
Francisco Bay). This definition underpins the ethos that should be imbued in any sea level rise planning process or solution.

Working with and listening to community
voices.

Recognizing the critical importance of community voices and perspectives on the development of the Joint Platform, the Bay Adapt team partnered with Nuestra Casa in East Palo Alto and Vallejo Housing Justice Coalition in Vallejo to conduct a series of community focus groups. Community members were introduced to flooding issues specific to their communities and invited to share their experiences, concerns, and priorities for their communities.

In East Palo Alto, community voices were represented by African American, Pacific Islander, and Latinx cohorts, while in Vallejo, community voices were represented by residents involved in a range of local organizations such as housing, climate change, environmental justice, and others. Bay Adapt recognizes that these community meetings provided an essential first step in building trust with communities, and that continued participation and partnerships must continue to advance equitable adaptation outcomes for the region.

We know we need
action, but we’re
not ready and we
don’t know what to
do. We need to get
to solutions.
- East Palo Alto Community
Member
Nuestra Casa’s Parent Academy provides programs for
community members and has begun environmental
justice community trainings. Screenshot courtesy of
Nuestra Casa.

City Council/RSA Agenda 56 Tuesday, January 25, 2022
8 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM What is Bay
Adapt?
A regional strategy for a
rising bay.

Adapting to sea level rise will require a broad range
of planning, policy, community, and project decisions
that promote the protection of people, infrastructure,
and natural systems. In such a diverse and engaged
region, adaptation will also require balancing many
interests and needs, ranging from the health of the
most vulnerable residents and the Bay ecosystem to
local economic growth and jobs, services, housing, and
recreational opportunities.

Much adaptation will and should occur at the local city or county levels, where adaptation planning is already
accelerating. However, we live in a highly networked
region where impacts in one area, and responses
to them, have cascading effects around the Bay. A
coordinated approach across the region can reduce
unintended consequences and greatly enhance local
efforts. Collective action can be expedited by shared
goals that help communities find and enact their own
solutions. No one agency, jurisdiction or community can or should go it alone.

For the past five years, the Bay Area has been thinking about this problem in earnest. Forward-thinking
planners, scientists and activists have already laid some important groundwork, and pinpointed the areas and
communities that will be most at risk. Since 2019, Bay
Adapt has worked to establish regional agreement on
the actions necessary to protect people and the natural and built environments from rising sea levels.

Bay Adapt was convened by the San Francisco Bay
Conservation and Development Commission (BCDC), a
state agency, in partnership with a broad range of Bay
Area leaders. The principles, actions, goals, and tasks in this document—a Joint Platform for adaptation—were
developed in close collaboration among BCDC staff,
a large Leadership Advisory Group, and hundreds of
stakeholders.

We envision a Bay Area that
is resilient and adaptive
far into the future. As
the region grows and
changes, such resilience
can only be achieved by
supporting collaborative
action, fostering greater
equity among residents,
and sustaining the unique
ecosystems we all rely upon
and thrive within.

City Council/RSA Agenda 57 Tuesday, January 25, 2022
9 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Co-creating the Joint Platform.

In 2019, BCDC convened a Leadership Advisory Group (LAG) made up of a diverse group of Bay Area leaders from public agencies, interest groups, community-based organizations, and academia. Throughout 2020 and 2021, stakeholders participated in dozens of working group and small committee meetings to discuss and shape the Platform. The Platform was also informed by two public forums, ten community and stakeholder focus groups, over 50 presentations to boards and groups around the region, and an Environmental Justice Caucus convened regularly throughout the process. In other words, this platform, and the ideas in it, belong to everyone, and seek to serve everyone, now and into the future.

This platform, and
the ideas in it,
belong to everyone,
and seek to serve
everyone, now and
into the future.

Figure 1 | The Bay Adapt process kicked off in late summer 2019. The development of the Joint Platform started in early summer 2020, convening hundreds of stakeholders to brainstorm and refine the series of actions and tasks laid out in the final Joint Platform. Over this time period, Bay Adapt also facilitated multiple working groups, committee meetings, public forums, community and stakeholder focus groups, and conducted extensive outreach throughout the nine-county Bay Area. Implementation of the tasks begins in Fall 2021.

City Council/RSA Agenda 58 Tuesday, January 25, 2022
10 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Figure 2 | Summary of the presentations and focus groups BCDC staff led throughout the Bay Adapt process between 2019 and 2021. Staff engaged with a wide variety of community members, local staff, elected officials, and special interest stakeholders throughout the engagement process.

City Council/RSA Agenda 59 Tuesday, January 25, 2022
11 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Prioritizing and elevating
equity in Bay Adapt.

In an effort to ensure equity perspectives were present and included in the leadership of Bay Adapt, invitations were extended to at least five environmental justicefocused organizations to join the LAG, comprising the Environmental Justice (EJ) Caucus. The EJ Caucus
received a small honorarium for their participation.

The EJ Caucus kicked off by providing a training to
the LAG on EJ principles. During this training, LAG
members explored how to embed principles on
environmental justice, equity and inclusion into Bay
Adapt’s planning process, the Joint Platform, and in
implementation. EJ Caucus members also provided
leadership to Working Groups and met with BCDC’s
Environmental Justice Manager to provide input and
feedback before and after each LAG meeting.

However, all of the equity practices and benefits
outlined in the Joint Platform will not be achieved if
the agencies and other stakeholders implementing the
actions don’t fundamentally change their practices to
explicitly ensure that equity is front and center. Agencies and stakeholders need to deeply understand the factors
that have led to inequity and commit to ongoing training to learn and improve a new essential set of skills and
work directly with EJ communities in order to achieve
equity benefits.

Without this commitment, the region will continue to
repeat the same inequities as our predecessors. Bay
Adapt is an opportunity to set a new, more equitable
course for climate adaptation.

Two critical themes emerged
during discussions with the EJ
Caucus and other community
leaders:
‣ The need for fair and
equitable funding for
community partners,
including targeted
employment and economic
opportunities for diverse
frontline community
members; and
‣ Capacity building,
administrative support,
and technical training and
assistance are essential
to realizing truly equitable
adaptation planning.

Community forums on sea level rise risks in East Palo Alto.

Photo by Jaclyn Mandoske, BCDC.

City Council/RSA Agenda 60 Tuesday, January 25, 2022
12 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Setting the foundation for
the Joint Platform.

Rather than specifying individual projects, the Joint
Platform lays out guiding principles that inform
overarching region-wide actions, goals and tasks.

Its aim is to overcome barriers, accelerate keys
to success, and share targets to help the region
achieve:
‣ Flood protection and reduced flood risk for
communities, businesses, infrastructure, and
habitat.
‣ Robust integration of adaptation into
community-focused local plans.
‣ Recognition, elevation, and support for frontline
communities.
‣ Accelerated permitting and faster project
construction for priority adaptation projects.
‣ Technical assistance for local governments to
plan and implement projects faster.
‣ More funding for adaptation that is easier to
get.
‣ Metrics for deciding what makes the best
kind of adaptation plan or project (equitable,
efficient, multi-benefit, nature-based, and
coordinated with others) and for tracking local
and regional progress.

Engaging the entire region in collective action
requires clear agreement on the path forward
and checks and balances to ensure no voice is
left unheard, and no community left behind. This
Platform provides that roadmap for adaptation.

The Joint Platform will help
the Bay Area engage in
faster, better, and more
equitable adaptation to a
rising Bay.

Sea level rise in our regional plans.

Plan Bay Area 2050 is the region’s long-range strategic plan focused on the interrelated elements of housing,
the economy, transportation and the environment.

Adopted in Fall 2021, Plan Bay Area 2050 is the first
multi-topic plan of its kind to question what the future will look like in the face of sea level rise and other
natural hazards. How will these threats impact housing, transportation, environmental, and economic goals?
What are the consequences if we don’t plan ahead?
Starting with Horizon, Plan Bay Area 2050’s preliminary research and analysis phase, MTC/ABAG integrated
the best available sea level rise mapping into imagining the impacts of sea level rise within the 2050 timeline of the plan. To address areas of near-term sea level rise
impacts, Plan Bay Area incorporated an Adapt to sea
level rise strategy, mapping protections on vulnerable
portions of the shoreline and calculated at $19 billion need for adaptation over the next thirty years.

Plan Bay Area 2050’s Implementation Plan, which sets
the strategic direction to advance strategies in the next five years, identifies key actions that MTC/ABAG and its partners should take to adapt the region to sea level rise.

While these actions are compatible with Bay Adapt’s
tasks and will be implemented in partnership with Bay
Adapt, they are part of a larger, multi-element plan and do not go into the level of detail on sea level rise that Bay Adapt does.

Plan Bay Area has been, and will continue to be, a
critical tool for region-wide resilient land use decisions as sea levels rise. The Plan will continue to grow to
become a comprehensive plan that brings in key
regional topics, and will incorporate the best available science and regional sea level rise planning envisioned by Bay Adapt. MTC/ABAG will continue to be a key
partner for planning, funding, and implementing
adaptation solutions in the Bay.

City Council/RSA Agenda 61 Tuesday, January 25, 2022
13 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Where do we
start?
Preserving what we care about.

The Bay Area is the most culturally and geographically
diverse region in the United States, with people of color comprising 59% of our population. More than 75% of
residents believe that racial diversity is what makes
the Bay Area such a great place to live. Our region is
also called the “Bay Area” for a reason — the Bay is the defining characteristic of our geography and defines so much of our economy, infrastructure, and lives.

Residents cherish the beautiful blue expanse of San
Francisco Bay, and their ability to walk beside it, sail over it, and gaze across its open horizons. With its
diverse habitats—beaches, wetlands, grasslands, tidal
flats, lagoons and more—the Bay supports hundreds
of species, ranging from critically endangered salmon
and marsh mice to charismatic sea lions, busy beavers,
and wayward whales. Thanks to decades of careful
stewardship and public investments in shoreline parks
and habitats, the West Coast’s largest Estuary is both
more habitable and healthier for humans and wildlife
alike.

Our diversity of people and habitats also supports one
of the most innovative economies in the world. The
Bay Area is a hub of technology, industry, agriculture, services, and more, though this has created significant challenges in income equality.

Within this context is both diversity and inequity.

Across our communities, cities, and counties, we
have different histories, different challenges and
different opportunities. Deciding which climate change
adaptation options are right for each community can
be complex. Many people contribute to making these
decisions, and lots of considerations go into deciding
what the right solutions may be for each particular
waterfront.

If we are to prepare ourselves fully for sea level rise throughout the region, cities and counties must work
with local communities and the state and federal
governments to make decisions about what should—
and shouldn’t—exist along the shoreline in the future.

San Francisco Bay Area. Photo courtesy of
NASA satellite imagery. City Council/RSA Agenda 62 Tuesday, January 25, 2022 14 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Centering and protecting
people, habitats, and wildlife.

The risks from sea level rise, and the resources necessary to address those risks, are unequally distributed among communities and ecosystems across the Bay Area.

In order to understand community vulnerability to
sea level rise, BCDC’s Adapting to
Rising Tides (ART) Program leverages
existing research on socioeconomic
characteristics that may reduce ability
to prepare for, respond to, or recover
from a hazard event or impacts from
environmental burdens. It has identified
potential impacts to communities from
current and future flooding including:
‣ Loss of property and income;
displacement from their communities.
‣ Disrupted access to medical care and
other critical services.
‣ Loss of power and utilities.
‣ Spread of disease and worsened preexisting health conditions. ‣ Physical and mental distress resulting
from the flooding of homes and
infrastructure.

The Bay has also long been a dumping
ground for polluted waste and industrial
sites are still located along many parts
of the shoreline. In addition to flood
impacts, sea level rise may mobilize
pollution as flooding becomes more
prevalent, spreading to communities and
ecosystems at an unprecedented rate.

All of these impacts are often
disproportionately distributed to
populations with certain existing
socioeconomic vulnerabilities.

Additionally, these populations tend to
be highly sensitive to impacts, leading
to potentially devastating implications from even minor flooding.

Natural ecosystems are also disproportionately impacted by sea level rise. When given a choice between an
endangered salmon and a farm, a wetland or a vineyard,
a nesting island or a waterfront hotel, it can be difficult Vulnerable Communities
Exposed to Sea Level Rise
Around the Bay
Figure 3 | Map of census block groups considered socially vulnerable in their ability to plan for, respond to, and recover from natural hazards (orange hash) and flooding depth and inundation from 108 inches of sea level rise (blue). Data from ART Bay Area Regional Sea Level Rise Vulnerability and Adaptation Study: Chapter 2.6 Vulnerable Communities (March 2020).

City Council/RSA Agenda 63 Tuesday, January 25, 2022
15 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM for wildlife and open space to prevail in the battle over human priorities and money. Preserving shoreline
habitats will require prioritizing sediment to built up wetlands and providing room for habitats to migrate
upslope. But sediment is limited and many wetlands
abut development and levees.

The health of Bay ecosystems is inextricably linked to
our way and quality of life. We continue to learn how
nature protects people from natural
disasters and improves public health.

But as water levels rise coastal habitats
risk being drowned and lost. Both nature,
and people, will suffer.

The Joint Platform places a high value
on both the region’s diverse people
and its ecosystems. Throughout the
formation of the Joint Platform, a coalition
of community advocates, environmental
activists, and adaptation practitioners
have made clear that cleaning toxic
sites and reducing future pollution is
a priority for our region. The resulting
document explicitly acknowledges the
disproportionate risks and burdens
on communities of color and other
historically marginalized populations,
and tasks in the Joint Platform begin
to outline how our region can begin
to right generations of wrongdoing
through elevating the role of vulnerable
communities in developing solutions,
filling in knowledge gaps about the
challenges they face, mapping hazardous
sites, and more. With people at the
center of solutions, the Bay region can be
a national model for equity in resilience
planning.

The Joint Platform tasks also prioritize
natural habitats to support a healthy,
resilient Bay. Going green, meaning
prioritizing nature-based strategies for shoreline
adaptation as much as possible, is already a regional
priority. Taking actions to support healthy Bay
ecosystems now and as sea levels rise is essential,
not only for the many other benefits they provide but
as they are also our first —and most at risk —line of
defense from rising seas. Our efforts now will affect the health and livability of the Bay Area for generations.

Communities Exposed to
Contamination and Sea Level
Rise Around the Bay
Figure 4 | Map of census block groups considered contamination vulnerable based on subset of Cal Enviro Screen 3.0 indicators impacted by flooding and flooding depth and inundation from 108 inches of sea level rise (blue). Data from ART Bay Area Regional Sea Level Rise Vulnerability and Adaptation Study: Chapter 2.6 Vulnerable Communities (March 2020).

Our efforts now will
affect the health and
livability of the Bay
Area for generations.

City Council/RSA Agenda 64 Tuesday, January 25, 2022
16 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Guiding Principles of
the Joint Platform
Support socially vulnerable
communities
Actively ensure that socially vulnerable
communities don’t just bounce back in
the face of sea level rise, but “bounce
forward” by providing additional resources
and support to areas where socially
vulnerable communities live, work, and
play and reducing negative impacts to
these communities. Climate change will
disproportionately impact marginalized
communities with fewer resources.

Put nature first whenever
possible
Prioritize natural infrastructure solutions
that benefit ecosystems and the health
of the Bay as well as people, especially
in the near-term. Adapting to rising sea
level will require a mix of green and gray
infrastructure. Working with nature, instead
of against it, can produce better results for
both people and wildlife.

Solve interconnected problems
at the same time
Prioritize adaptation actions that maximize
regional risk reduction to flooding and sea
level rise and minimize tradeoffs within the
context of other regional priorities such as
housing, economy, social equity, habitat
protection, and other climate risks. Sea
level rise and flooding is just one of several
regionally interconnected crises facing the
Bay Area.

Practice inclusive, community-led
governance and decision-making
Remove barriers and enhance capacity to
increase transparent, coordinated decisionmaking among community members and organizations and local, regional, state, and
federal governments that acknowledges and
leverages the unique roles, responsibilities,
and authorities at each scale. Adaptation
outcomes will better protect the entire region
when all interests, including those who know
their neighborhoods and communities best,
contribute and collaborate in reducing risk.

Support existing efforts but plan
for the long term
Support, encourage, and learn from early
innovators charting a new course for the
region, especially for wetland restoration,
while maintaining a long-term vision for more
complex planning and investments. Early
action is important for regional learning,
setting precedents, and shorter-term flood
control, and widespread or significant capital
investments require careful and collaborative
planning.

Pick the right strategy for the right
place at the right time
Ensure that local and regional investment
strategies to address flooding and sea level
rise are grounded in local needs, conditions,
and plans, and are phased to allow for
uncertainty, flexibility, and iteration. The Bay
is a collection of distinct places with unique
physical and social conditions and there is
no “one size fits all” solution – or timeline - to
address climate-related impacts.

The San Francisco Bay connects nine counties and
millions of people together. Photo SF Baykeeper,
Cole Robb Most, and LightHawk. City Council/RSA Agenda 65 Tuesday, January 25, 2022 17 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM What does adaptation
look like?
Developing targeted solutions.

In climate change, adaptation is different
from mitigation, which are the ways we try to
reduce our carbon footprint. Adaptation refers
to making changes to how we live in the face
of change to reduce hazards and increase
resilience to future conditions.

In the Joint Platform, adaptation specifically
means the plans and projects that either
prepare us for sea level rise or alter our
shorelines to reduce its impacts.

In some cases, we will adapt by restoring
natural wetlands to absorb more water and
buffer us from storms, while in other places
when nature-based solutions are not feasible,
we will build higher protections, such as
seawalls, to keep water out. We may also
avoid building new roads or homes in areas
that are likely to flood or provide migration
space for wetland habitats. Sometimes
adaptation may even require removing things
that are already built out of harm’s way.

Adaptation also will spur innovative solutions
as we learn how to co-exist with more water
in the future.

The adaptation solutions we choose in one
part of the Bay are inextricably linked to
everywhere else along the shoreline. Since
the Bay is an interconnected system, flood
protection measures in one location of the
Bay may increase the risk of flooding in other
areas. It is critical that we consider shoreline
solutions as a whole Bay, rather than on a
project-by-project basis.

Bay Adapt helps to set the stage for
successful adaptation region-wide. While
each community will need to decide which
approach is best now and over time, the actions
in Bay Adapt help support multiple adaptation
approaches within the larger regional context
we need to think about before it’s too late.

Figure 5 | Regional “hot spots“ identify areas in the region with highest consequences from flooding at 108” TWL to both vulnerable communities, transportation networks, and urban growth areas or open space. Data from ART Bay Area Regional Sea Level Rise Vulnerability and Adaptation Study: (March 2020).

Regional Hot Spots
Around the San
Francisco Bay
City Council/RSA Agenda 66 Tuesday, January 25, 2022
18 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Adaptation Actions that Prepare
‣ Actions that help us set the stage to make
decisions about what to do next that are
equitable, inclusive, and based on science,
local knowledge and values, such as increasing
information or community capacity.
‣ Changes to regulatory environments, political
settings, land use, or other contexts for
decision-making that improve the outcomes of
adaptation decisions.
‣ Agreement on a shared approach about who
makes decisions, what informs those choices,
and how we plan and fund those decisions
equitably to addresses disproportionate
impacts on the most vulnerable.

Adpatation Actions that Protect,
Accommodate, Avoid or Retreat
‣ Actions that change the physical
characteristics of the shoreline, such as
integrating natural ecosystems (green
infrastructure) and/or building engineered
structures (gray infrastructure) to protect
shorelines from flooding.
‣ Projects that accommodate flooding such
as preserving transition zones for wetlands,
elevating structures, or using flood resistant
materials.
‣ Efforts to retreat from the shore, such as
removing existing development or avoiding
placing new development in areas at risk of
flooding.

Sea level rise will change our way of life in the Bay
Area dramatically. Our daily commutes, the goods
and services we depend on, the places where
we live and work, the natural spaces that provide
habitats and make the Bay Area a beautiful place
to live, will all be affected. The Bay Adapt Joint
Platform’s 6 Guiding Principles, 9 actions and 21
tasks suggest a way forward for us all.

What are adaptation actions?

PROTECT

ACCOMODATE AVOID/RETREAT
Gray Infrastructure
Traditional Levees
Seawalls
Green Infrastructure
Horizontal Levees
Wetlands Restoration
Elevate structures
Flood resistant materials
Restrict development
Equitably re-locate
Figure 6 | Different adaptation approaches facilitated by the actions in Bay Adapt seek to prepare the region to equitably respond to sea level rise, while also strengthening implementation and ensuring lessons are learned over time.

City Council/RSA Agenda 67 Tuesday, January 25, 2022
19 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM The Joint Platform
9 actions, 21 tasks, 1 region moving forward together
Action 1: Collaborate on a “One Bay” vision to adapt to rising sea levels.

Task 1.1: Create a long-term regional vision rooted in communities, bay habitats, and the economy.

Task 1.2: Lay the foundation for a proactive regional legislative agenda.

Action 2: Elevate communities to lead.

Task 2.1: Improve how communities and public agencies learn from each other and work together.

Task 2.2: Fund the participation and leadership of community-based organizations (CBOs) and frontline communities in adaptation planning.

Action 3: Broaden public understanding of climate change science and impacts.

Task 3.1: Tell local and regional stories about people and places adapting to climate change.

Task 3.2: Weave climate literacy into school programs.

Action 4: Base plans and projects on the best science, data, and knowledge.

Task 4.1: Align research and monitoring with information gaps.

Task 4.2: Make scientific data, information, and guidance easier to use.

Task 4.3: Increase access to technical consultants for local adaptation partners.

Action 5: Align local and regional plans into a unified adaptation approach.

Task 5.1: Provide incentives for robust, coordinated adaptation plans.

Task 5.2: Align state-mandated planning processes around adaptation.

Action 6: Figure out how to fund adaptation.

Task 6.1: Expand understanding of the financial costs and revenues associated with regional adaptation.

Task 6.2: Establish a framework for funding plans and projects.

Task 6.3: Help cities and counties expand ways to fund adaptation planning and projects.

Action 7: Refine and accelerate regulatory approvals processes.

Task 7.1: Accelerate permitting for equitable, multi-benefit projects.

Task 7.2: Assess environmental regulations and policies that slow down progress on projects.

Action 8: Fund and facilitate faster adaptation projects.

Task 8.1: Incentivize projects that meet regional guidelines.

Task 8.2: Encourage collaboration among people doing projects in the same places.

Task 8.3: Facilitate faster construction of nature-based projects.

Action 9: Track and report progress to guide future actions.

Task 9.1: Measure regional progress using metrics and share results.

Task 9.2: Monitor and learn from pilot projects.

PEOPLE

INFORMATION
PLANS

PROJECTS

PROGRESS
City Council/RSA Agenda 68 Tuesday, January 25, 2022
20 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM PEOPLE
As we adjust the way we live, work, and play to adapt to a changing climate, we must act together with a true regional vision and ensure that this transition does not reinforce preexisting inequities. Who will lead who will decide, and how do we all get on the same page? Frontline communities that feel the most acute impacts from sea level rise have local knowledge critical for equitable solutions. Likewise, legislators in Sacramento and Washington need to hear our collective voice loud and clear—two-thirds of the State’s total sea level rise impacts will occur in the Bay Area, so our collective voice must be strong.

Collaborate on a “One Bay”
vision to adapt to rising sea
levels.

Goals:
‣ A shared vision for regional adaptation that reflects the Bay Area’s diverse conditions and communities.
‣ A proactive legislative agenda supporting sustained
Bay Area adaptation.

TASK 1.1: Create a long-term regional vision rooted in
communities, bay habitats, and the economy.

Engage communities and stakeholders in envisioning
a resilient future shoreline, relying on grassroots
input from start to finish. Using Bay Adapt’s Guiding
Principles to guide the process, it should define and
articulate what successful adaptation should like at
ground level, and around the Bay, beginning in the most at-risk frontline communities.

The vision must be built on a deep understanding
of communities’ unique social, cultural, economic,
and physical needs and be developed through a
participatory, transparent, and iterative process and
create opportunities for diverse stakeholders to learn
about each other and have conversations.

The vision must also be built on regional environmental, housing, transportation, recreation, economic and other ACTION 1
priorities, including visions already established for these sectors, such as in Plan Bay Area 2050 or the San
Francisco Estuary Blueprint.

The vision should be expressed through multiple
deliverables that will be utilized throughout many other tasks included in the Joint Platform, including:
‣ A “vision statement” for the Bay shoreline that sets
a long-term picture of successful adaptation.
‣ Regional and sub-regional objectives, tied to
measurable metrics (such as safety, equity,
a functioning and thriving ecosystem, reuse
of sediment resources, shoreline access, and
economic growth), to be used for tracking progress
in Task 9.1.
‣ Specific regional and sub-regional strategies,
actions, and an assessment of priority project
locations, types, and timelines, building off existing
analysis such as on vulnerable communities, Bay
interconnectedness, and the Adaptation Atlas.

This can be used in conjunction with the above
guidelines to incentivize and prioritize the right
kinds of actions in the right locations.
‣ Guidelines, evaluation methodologies, and technical
modeling capacities for evaluating local plans and
projects for funding and other incentives that align
with desired outcomes (Tasks 5.1, 6.2, and 8.1).

People learning about shoreline restoration. Photo by
LEJ from Estuary News from March 2021.

PEOPLE
City Council/RSA Agenda 69 Tuesday, January 25, 2022
21 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 1.2: Lay the foundation for a proactive regional
legislative agenda.

Build a unified advocacy voice for Bay Area adaptation
needs. In the short term (next two years), pilot a
legislative working group to work toward consensus
on regional priorities and shared criteria for future
legislation while taking advantage of opportunities
within current state and federal legislative sessions.

Foster relationships with state and federal legislators to lay the groundwork for future legislation. Build support for the nine-county Bay Area as the focus for new
regional climate adaptation programs. In the mid-term
(2-4 years), build support for multi-year sources of
funding for a wide range of adaptation activities, such as a regional ballot measure. Identify and collectively advocate for additional regional priorities that would
require legislation, such as regulatory changes, planning guidance, new fiscal authorities, and funding support.

In the long term (5+ years), coordinate, update and
communicate legislative needs on a biennial basis, such as through an annual legislative agenda.

Action 1 Benefits
EQUITY
Elevates frontline community
voices in long-term regional
visioning and advocacy.

ENVIRONMENT
Elevates environmental advocacy
voices in long-term regional
visioning and advocacy.

ECONOMY
Elevates business and economic
voices in long-term regional
visioning and advocacy.

How the
regional vision
can inform
Joint Platform
actions
TASK 5.1
Provide
incentives for
plans
TASK 8.1
Provide
incentives for
projects
TASK 2.1
Improve how public
agencies and
communities work
together
TASK 1.2
Proactive
legislative agenda
TASK 3.1
Tell stories about
adapting to
climate change
TASK 9.1
Measure
progress using
metrics
PEOPLE
TASK 1.1
Create a longterm regional
vision
Figure 7 | Many different tasks
outlined in the Joint Platform
flow from the vision, guidelines,
and metrics outlined in Task

1.1, either directly or indirectly.

City Council/RSA Agenda 70 Tuesday, January 25, 2022
22 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM ACTION 2
Elevate communities to lead.

Goals:
‣ Adaptation grounded in local vision and needs.
‣ Increased capacity of community members,
especially those historically excluded from
decision-making, to contribute to the process.
‣ Long-term funding that supports sustained
community leadership and equitable
partnerships among communities and
governments.

TASK 2.1: Improve how communities and public
agencies learn from each other and work together.

Build community capacity to influence government
and support a region-wide training program led
by communities and geared towards government
to shift values towards place-based expertise.

Adopt and share best practices for equity-focused
adaptation decision-making throughout the region.

Ensure that best practices nurture meaningful
relationships, center community concerns and
priorities, and make community and social benefits
clearer.

Support community leaders in raising awareness
and capacity within their own communities.

Host trainings for communities on sea level rise
risks, adaptation options, community storytelling,
and best practices for engaging effectively with
governments. Whenever possible, choose
community-based organizations (CBOs) or
community members to lead trainings geared
toward government and communities.

Training topics for agency staff may include
general environmental justice and local histories,
community mapping, culturally appropriate
communication, meaningful community
engagement at all phases of planning, use of
community benefit agreements, alternative
approaches to traditional cost-benefit analyses that
elevate community value, and measuring successful
engagement.

Ideas for the Bay Area
The Greenlining Institute, an Oakland-based advocacy
group, has created a guidebook to help users embed
equity in a meaningful way in climate adaptation and
community resilience policies and programs. Access the
Guidebook.

A coalition of community organizations in East Oakland
partnered with the City of Oakland to secure a
Transformative Climate Communities grant for local
equitable climate planning. City staff and community
groups collaborated on the scope of work, goals, and
budget for the project. The resulting community-driven
plan led to a $28 million implementation grant. Access
the Plan.

The West Oakland Environmental Indicators Project
received a Restoration Authority grant to lead a
Shoreline Leadership Academy to raise the capacity of
local frontline community residents to engage and lead
in climate adaptation. Participants are paid for their time to develop plans for the shoreline while increasing their knowledge and participation.

The Resilient Communities Initiative created an equity
checklist and sample partnering agreement that could
be a model for successful future partnerships. Access
them Here.

The Bay Area Regional Health Inequities Initiative
(BARHII) recently released a new report on best
practices for community engagement to create healthy
and resilient communities. This report can serve as a
resource for governments. Access it Here.

Conversations and decisions
are being made without the
community’s input. How do we
make sure that people’s stories
and perspectives are at the
forefront?
- East Palo Community Focus Group Participant
PEOPLE
City Council/RSA Agenda 71 Tuesday, January 25, 2022
23 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 2.2: Fund the participation and leadership of CBOs and frontline communities in adaptation planning.

Establish a stable and ongoing funding program to support frontline communities and CBOs as full partners and leaders in adaptation planning. Use the funding to build and sustain community capacity to participate in decision-making as described in Task 2.1. Support CBO operating expenses, staffing, stipends for community representatives in planning processes and meetings, and expenses associated with participation such as transportation, food, and childcare. Also fund the community-led training programs identified in Task 2.1.

Consider state budget or bond allocations, legislation, grants, development fees, or regional funding measures as sources of funding. Equity initiatives could receive a dedicated percentage of any resilience-focused funding, for example. Other initiatives to increase community access to funds could include supporting collaborative grant-writing, or streamlining the process for governments or industry partners to contract with CBOs (such as setting up a bench of CBOs available for fee-based consulting and managing those contracts on behalf of the CBOs).

It is harder to ask
communities to engage
on something that they
have not been involved
in shaping. You need
representatives with
direct experience and
engagement in these
communities, what
they want, and agency
staff typically doesn’t
have that.
- Bay Adapt EJ Caucus Member
Action 2 Benefits
EQUITY
Elevates frontline community
members as key decision-makers
and compensates them for their
time and expertise.

ENVIRONMENT
Prioritizes natural resources that
people value, promoting local
stewardship.

ECONOMY
Prioritizes local businesses and
jobs, keeping local economies
thriving.

PEOPLE
Community forum in East Palo Alto on rising sea level. Photo by Jaclyn Mandoske, BCDC.

City Council/RSA Agenda 72 Tuesday, January 25, 2022
24 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM

INFORMATION
Cities, landowners, residents and students all need to
understand how the latest science on sea level rise
applies to their lives and decisions. Understanding risks, consequences, options, and tradeoffs enables everyone to be part of the solution. We also need ways to share our stories, struggles, and successes as we confront climate change and learn to adapt. Stories of individual and
shared experiences of change are the foundation of future action. But where do we find and keep up with the latest science and these evolving stories? And how do we share the best of them?
ACTION 3
Broaden public understanding of
climate change science and impacts.

Goals:
‣ Increased climate literacy in the region’s general public. ‣ Communities and youth who are better prepared to plan and implement adaptation solutions.
‣ More value placed on community history and first-hand experience.

TASK 3.1: Tell local and regional stories about people and places adapting to climate change.

Launch a sustained storytelling campaign to amplify awareness of climate change, sea level rise impacts, and Bay health in the Bay Area. Listen and learn from residents’ direct experiences and empower them to advance their own solutions for climate adaptation. Encourage youth, neighborhoods, and frontline communities to shape and share their own stories. Base stories on local successes and hopeful narratives about what makes the Bay Area special, including the Bay’s unique natural ecosystems and culture of environmental and social activism. Allow communities to share their stories of concern, risk, needs, and loss in order to center these narratives and base future adaptation planning on mitigating these challenges. Share stories widely, and make them available on diverse platforms – newspapers, radio, television, social media, neighborhood news apps, and the web. Use these stories to train local government staff about the communities they serve and increase trust between communities and local staff (coordinated with the trainings outlined in Task 2.1).

Ideas for the Bay Area
As part of the Islais Creek Adaptation
Strategy, the San Francisco Planning
Department developed a magazine, I
Am Islais, that provided a platform for
residents and stakeholders to speak
about sea level rise in the neighborhood
and how it would affect their lives.

Platforms like these allow residents to
have their voices heard.

INFORMATION
BCDC staff presenting to stakeholders on sea level rise vulnerability. Photo by Jaclyn Mandoske, BCDC.

City Council/RSA Agenda 73 Tuesday, January 25, 2022
25 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 3.2: Weave climate adaptation literacy into school programs.

Support partnerships between public and private schools and community-based organizations (especially those led by youth and frontline community members) to educate students about the health and future of the Bay and ways to adapt to climate change. Share adaptation visions, solutions, and local pilot projects showcasing innovation with teachers, students, school districts and parent associations. Support schools so they can get more involved as partners in educating their local communities about rising sea levels and as leaders in elevating the importance of climate action and adaptation. Help schools offer both climate-literate curricula and career pipeline opportunities based in diversity and inclusivity.

Consider partnerships with local employers to connect training with local jobs. Provide our future decision-makers and workforce with the knowledge and experience to tackle climate problems with equitable and innovative solutions.

Action 3 Benefits
EQUITY
Empowers frontline community
members by increasing awareness
of climate risks, sharing stories
about their own communities, and
engaging youth in schools.

ENVIRONMENT
Raises awareness of the health
and future of the Bay and its
resources and the value of natural
and nature-based solutions in
addressing rising sea levels.

ECONOMY
Reduces likelihood of economic
damage by flooding by building
public support for adaptation
measures; prepares youth to enter
climate resilience careers.

The Mycelium Youth Network
partnered with The Exploratorium
and BCDC to engage local youth in
the science, political issues, and civic
processes involved in responding
to climate change and its impacts
on infrastructure and people. The
collaboration produced Water Is Life,
a program that offered an in-depth
analysis of water justice issues with
a specific focus on sea level rise and
how it will impact the entire Bay Area.

The program reached 150 students
at several Title I schools around the
Bay Area, including Leadership High
School and Mission High School in
San Francisco, and Elmhurst United
Middle School in Oakland. Learn
More Here.

The San Mateo County
Environmental Literacy Program
works with school districts,
community-based environmental
literacy partners, educators,
and youth to actively integrate
environmental sustainability into
school communities, classrooms, and
programs. Learn More Here.

Ideas for the Bay Area

INFORMATION
Middles schoolers from Oakland learn about rain catchment systems. Photo courtesy of Estuary News from March 2019.

City Council/RSA Agenda 74 Tuesday, January 25, 2022
26 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM ACTION 4
Base plans and projects on the best
science, data, and knowledge.

Goals:
‣ Data and research tailored to the region’s specific needs. ‣ Accessible science, analysis, and monitoring information. ‣ User-friendly technical support.

TASK 4.1: Align research and monitoring with information gaps.

Partner with academics, scientists, and communities to fill information gaps through original research, data collection, analysis, and monitoring. Tailor the interpretation of science to the audience or user, ranging from the general public to academics. Curate and archive information for use and updates across decades. Align with similar statewide initiatives but ensure data is tailored to the Bay Area.

From a technical perspective, identified information needs include:
‣ Enhanced regional flood modeling related to multiple hazards (such as groundwater, watershed, riverine/tidal, subsidence, erosion).
‣ Expanded networks of water elevation monitoring stations for real-time updates to the rate and timing of sea level rise in the Bay.
‣ Expanded open data initiatives to facilitate sharing. ‣ Standard operating procedures for validating and nominating data for common use.
‣ More research on the cost and suitability of adaptation strategies for different Bay conditions.
‣ Identification of potential wetland migration pathways. ‣ Tracking, sharing, and integrating data from various sectors to spotlight opportunities to reuse sediment.
‣ Research on the equitable distribution of burdens and benefits of adaptation.
‣ More explicit research on the impacts and consequences of contaminated sites as they intersect with flooding and/or rising groundwater and strategies for mitigating these impacts.

Solicit and value local knowledge from residents, particularly in frontline communities, and use it to inform research needs and priorities and to confirm and validate academic research. Prioritize co-production of data and tools with communities through community-based asset mapping and storytelling or participatory science to form a more complete data picture.

Ideas for the Bay Area
Created in 2000, the California
Ocean Science Trust recognizes the
value of independent science and
the opportunity to better connect
the wealth of scientific expertise in
academia with policy and management
decisions in the state. The Ocean
Science Trust seeks and provides
funding for ocean resource science
projects and encourages coordinated,
multi-agency, multi-institution
approaches to ocean resource science.

It can serve as a model for how to
connect real-world planning and policy
needs with scientific and academic
research but be adapted for the unique
needs and constraints of the Bay Area.

Learn More Here.

The Wetlands Regional Monitoring
Program (WRMP) is convening
stakeholders from a broad range of
backgrounds and expertise to develop
a regional monitoring program for
wetlands in the Bay Area. The program
aims to use wetland habitat data to
improve the efficiency of permitting and
monitoring wetland restoration projects
and to evaluate the condition of the
tidal marsh ecosystem at a regional
scale. Learn More Here.

INFORMATION
City Council/RSA Agenda 75 Tuesday, January 25, 2022
27 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 4.2: Make scientific data, information, and
guidance easier to access and use.

Help users creating adaptation plans and projects
understand where, when, and how to use climate
science and planning tools. Facilitate widespread
access to, and understanding of, technical information
and guidance. Improve and ease access to the most
relevant information.

Establish or support an independent Climate Science
Consortium that provides high-quality science
translation tailored to the Bay Area’s needs and fed by the research outlined in Task 4.1.

Also offer a separate technical assistance “storefront” to support plans and projects that provides users:
‣ Standardized, up-to-date scientific data, such
as common flood models and sea level rise
projections, as created by the Climate Science
Consortium.
‣ Best available science white papers on specific
issues, as curated or developed by the Climate
Science Consortium.
‣ Individualized consultations via a professional help
desk network.
‣ How-to guidance on the steps of assessing
vulnerability and developing adaptation plans.
‣ Adaptation plan and project examples and case
studies.
‣ Tools for evaluating adaptation options.
‣ Funding and financing assistance.
‣ Lecture series, conferences, trainings, working
groups, and/or workshops.
‣ Access to a technical consultant bench (Task 4.3).

How science and
planning assistance
can assist other Joint
Platform actions
TASK 5.1
Provide
incentives for
plans
TASK 8.1
Provide
incentives for
projects
TASK 4.2
Make data and
guiadance easier
to use
TASK 4.3
Increase access
to technical
consultants
TASK 6.3
Help expand
ways to fund
adaptation
TASK 2.1
Improve how public
agencies and
communities work
together
Figure 8 | Many different tasks outlined in the Joint
Platform should connect to and coordinate with the
technical assistance outlined in Task 4.2; however,
they are not included in the task because they have
technical assistance as their secondary function and/
or have a natural home elsewhere.

The Adapting to Rising Tides Bay Shoreline Flood Explorer is a tool developed by BCDC to explore current and future flooding scenarios. This information is available at explorer.adaptingtorisingtides.org.

INFORMATION
City Council/RSA Agenda 76 Tuesday, January 25, 2022
28 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 4.3: Increase access to technical consultants for local adaptation partners.

Establish a region-wide consultant bench that cities, counties, and others can tap for technical services. Use regional planning and project guidelines (Task 1.1) to articulate common technical needs in region-wide RFPs for consultants to serve on the bench.

Also use guidelines to guide evaluation of proposals from potential consultants. Contract with consultants to be “on call” for cities and counties, as needed. Simplify and manage contracting processes for users when accessing a consultant. Vet consultant-led goods and services to ensure they align with the region’s vision and objectives.

Action 4 Benefits
EQUITY
Elevates local knowledge and
needs in the development of data
to inform decision-making and
ensures data transparency and
accessibility to communities.

ENVIRONMENT
Improves guidance, data, and
feedback on projects that preserve
and enhance habitats and on
natural and nature-based solutions
to increase implementation of these
projects.

ECONOMY
Increases information and better
planning and project procesess
to expedite shoreline protection
projects.

Ideas for the Bay Area
MTC/ABAG’s Housing Technical
Assistance (TA) Consultant Bench
is an effort to recruit and vet multiple
consultants with various skill sets to
support local planning at favorable
rates and facilitate access to consultant
resources, achieve economies of scale,
and reduce costs. This bench supports
regional TA efforts and local jurisdictions
can use it to connect with specialized
resources on a wide range of issues and
services using their SB2, LEAP, REAP,
and PDA planning funds. Learn More
Here.

Levee breach in the Montezuma wetlands restoration project.

Photo courtesy of the Montezuma wetlands project.

INFORMATION
City Council/RSA Agenda 77 Tuesday, January 25, 2022
29 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM PLANS
Now is the time to plan for carrying out the region’s
adaptation vision and seeking the billions of dollars
needed to pay for it. As shoreline communities
incorporate adaptation into local plans, we must ensure that those plans contribute to a “One Bay” solution,
whose goals and objectives are shared across cities,
counties and the region. Decisions in one community,
municipality or new development can displace costs
and impacts to others. How can we help locals make
successful, coordinated plans? And how will we pay for
new initiatives?
ACTION 5
Align local and regional plans
into a unified adaptation
approach.

Goals:
‣ Local plans that are coordinated across the region,
and incentivized by expanded adaptation funding.
‣ Improved and coordinated state planning
requirements for adaptation plans and projects.

TASK 5.1: Provide incentives for robust, coordinated
local adaptation plans.

Utilize collectively-developed plan guidelines and
minimum requirements (Task 1.1), tied to financial
incentives (Task 6.2), to develop strong local and
community-driven adaptation plans that also contribute
to regional goals and align with current state guidelines for adaptation plans. Incentives should include funding to develop the plans. Plans should also include planned projects that contribute to regional goals (Task 8.1).

Guidelines should be developed with the input of many
stakeholders but may provide:
‣ Guidance on how to prioritize and include
vulnerable communities in sea level rise planning,
including best practices for community engagement
and community-led adaptation planning processes.
‣ Common minimum short and long-term sea level
rise climate projections for planning.
‣ Standard flood data sets.
‣ Regionally-appropriate strategies for protecting
natural areas, frontline communities, public access,
regional transportation links, and other critical
regional assets.
‣ Guidance on how and where to prioritize naturebased solutions along the shoreline where feasible and appropriate.
‣ Land use guidance, such as how to plan for habitat
migration with sea level rise.
‣ Guidance on how to plan for long-term implications
of sea level rise beyond current planning horizons.
‣ Guidance on how to connect sea level rise planning
to other critical topics, including public and
environmental health, emergency response, and
housing considerations.

Assistance on applying the guidelines should be
available through regional technical assistance
programs (Task 4.2).

Community engagement for Plan Bay Area 2050.

Photo by Karl Nielsen.

PLANS
City Council/RSA Agenda 78 Tuesday, January 25, 2022
30 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 5.2: Align state-mandated planning processes around adaptation.

Assess the state’s myriad planning requirements beyond
adaptation (such as those for housing, emergency response, local hazard mitigation, social equity, and climate action) through the lens of adaptation planning for conflicts, redundancies, and synergies. Jointly advocate for updated legislation to coordinate these requirements. Also create opportunities and incentives at the state level for cross-jurisdictional planning to improve the siloed scope of local plans that are often limited to jurisdictional boundaries.

Action 5 Benefits
EQUITY
Rewards planning processes that
value inclusive engagement and
equitable outcomes.

ENVIRONMENT
Rewards planning processes that
value long-term protection of Bay
habitats and prioritization natural
and nature-based adaptation
outcomes.

ECONOMY
Rewards planning processes
that value the protection of jobs,
businesses, and infrastructure.

Ideas for the Bay Area
The San Francisco Bay Shoreline
Adaptation Atlas has extensively
evaluated the Bay shoreline to identify
the most appropriate adaptation
strategies for the unique physical
characteristics shared by different
“Operational Landscape Units” around
the Bay. It identifies where nature-based
approaches can help create a resilient
shoreline with multiple benefits and
where these solutions can work together
across the interconnected Bay to avoid
unintended impacts in neighboring
locales. The Adaptation Atlas can
provide a guide toward appropriate
plans and projects in different locations
around the Bay to ensure that the most
appropriate strategies are considered in
any given location. See it Here.

Wetlands and development near Highway 37. Map data ©2019 by Google Earth Pro.

PLANS
City Council/RSA Agenda 79 Tuesday, January 25, 2022
31 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM ACTION 6
Figure out how to fund adaptation.

Goals:
‣ Clear assessment of the region’s adaptation funding
needs.
‣ Identification of local and regional funding sources
and financing tools.
‣ Mechanism for prioritizing and distributing funds for adaptation over the next several decades.

TASK 6.1: Expand understanding of the financial costs and revenues associated with regional adaptation.

Reduce unknowns and uncertainties related to the costs of adaptation. Start by expanding on the existing MTC/ABAG Sea Level Rise Needs and Revenue Assessment, which supports Plan Bay Area 2050 and also advocates for more state and federal funding. Build on and improve the assessment’s calculations of what it may cost the region to adapt to sea level rise as well as the cost of inaction. As part of this calculation, consider both actual costs of current projects and the anticipated costs of untested or new construction or restoration techniques, as well as the costs for pre-construction phases of projects such as engagement, planning, and land acquisition or post-construction costs such as monitoring and maintenance. Consider when future funds may be needed as sea levels rise and impacts accelerate. Also develop a more in-depth understanding of possible revenue from related special assessments, taxes, and fees to refine estimates of the potential funding gap.

Ideas for the Bay Area
The San Francisco Bay Restoration
Authority is a regional agency
created to fund shoreline projects that
will protect, restore, and enhance San
Francisco Bay through the allocation
of funds raised by the Measure AA
parcel tax. This parcel tax generates
$25 million in grants annually
for wetland restoration projects
throughout the region. The Restoration
Authority is overseen and staffed by
representatives from several Bay Area
government agencies with various
types of expertise and authority. The
Restoration Authority could either be
expanded to fund a wider variety of
adaptation projects or could serve as
a model for a new adaptation-focused
finance authority for the Bay. Learn
More Here.

The East Bay Shoreline looking towards Emeryville and
Oakland. Photo by Andre Perrin-Martinez.

PLANS
City Council/RSA Agenda 80 Tuesday, January 25, 2022
32 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 6.2: Establish a framework for funding plans and
projects.

Develop and implement a framework or process to aggregate, generate, and distribute adaptation funding for communities, plans and projects. Use guidelines developed in Task 1.1 to direct funding to incentivize successful local planning (Task 5.1), and to evaluate and assign funding to proposed adaptation projects included in such plans (Task 8.1). Consider modeling the process on the MTC/ ABAG Transportation Project Performance framework, in which partners nominate local projects for evaluation based on specific criteria and then prioritize them for funding. Actively advocate for adaptation funding for the region (Task 1.2) and consider spearheading new regional taxes, fees, or other financing mechanisms to fund plans and projects.

How can we see
future things
happening if we
can’t even fix our
streets and drains?
- East Palo Community Focus
Group Participant
How the funding
framework can assist
other Joint Platform
actions
TASK 5.1
Provide
incentives for
plans
TASK 8.1
Provide
incentives for
projects
TASK 6.2
Establish
funding
framework
TASK 2.2
Fund CBOs
and frontline
communities
TASK 1.2
Proactive
legislative agenda
TASK 6.1
Expand
understanding
of costs and
revenues TASK 6.3
Help expand
ways to fund
adaptation
Figure 9 | Many different tasks outlined in
the Joint Platform should be considered in
the funding framework outlined in Task 6.2;
however, they are not included in the task
because 6.2 focuses on the creation of the
funding framework while the related tasks rely
on the outcomes of the funding framework.

PLANS
City Council/RSA Agenda 81 Tuesday, January 25, 2022
33 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 6.3: Help cities and counties expand ways to fund
adaptation planning and projects.

Provide local governments with expertise and assistance to generate additional funds by identifying, evaluating, and applying local financing tools and to apply for other sources of funds for local adaptation needs (above and beyond any regional funds identified in Task 6.2). Work with cities and counties to identify their needs and match the myriad federal, state, regional, and local funding sources to local needs for planning, community engagement, project implementation and costly project resources (i.e. sediment).

Help local governments understand grant requirements and shape projects to fit them. Assist with project cost-benefit analysis, grant writing, and fulfilling reporting requirements. This assistance should be provided through the regional technical assistance storefront outlined in Task 4.2.

Action 6 Benefits
EQUITY
Outlines a process to pay for
adaptation that does not rely on
a community’s wealth, advocacy
skills, or grant-writing success to
fund plans and projects.

ENVIRONMENT
Identifies ways to prioritize longterm protection of Bay habitats and natural and nature-based
adaptation outcomes in funding
decisions.

ECONOMY
Increases funding for shoreline
projects and protection of key
assets critical to the region’s
economic health.

Ideas for the Bay Area
There are several existing resources
that can help serve as the foundation
for the services outlined in Task 6.3:
‣ Finance Guide for Resilient by
Design Bay Area Challenge
Design Teams, NHA Advisors, 2018
‣ Paying for Climate Adaptation in
California, AECOM, 2018
‣ Climate Adaptation Finance and
Investment in California, Routledge
Focus, 2018
‣ Adaptation Finance Challenges:

Characteristic Patterns Facing
California Local Governments
and Ways to Overcome Them,
California Natural Resources
Agency, 2018
‣ The California Grants Portal is
an access portal to all grants and
loans offered on a competitive or
first-come basis by California state
agencies. Learn more here.
‣ The Funding Wizard, hosted and
maintained by the California Air
Resources Board, is a searchable
database of grants geared toward
sustainability projects, including
climate change mitigation and
adaptation. Learn more here.

PLANS
Isais Creek in San Francisco. Photo by SF Baykeeper, Robb Most, and LightHawk.

City Council/RSA Agenda 82 Tuesday, January 25, 2022
BRRIT Partners
34 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM

PROJECTS
Getting adaptation projects approved and built can
be challenging. Permitting and construction should
accelerate, not hold back, resilient shoreline adaptation projects that value ecosystems and people, align with the region’s vision and funding priorities, and apply innovative approaches. Measures to smooth and speed regulatory
approvals for multi-benefit projects are important. Other measures can help facilitate place-based collaboration
around project development and remove logistical
challenges to construction.

ACTION 7
Refine and accelerate regulatory
approvals processes.

Goals:
‣ Less time and fewer resources spent on permitting
adaptation projects so they can be constructed
ahead of sea level rise.
‣ Updated laws, regulations, and policies that reflect
the changing shoreline.

TASK 7.1: Accelerate permitting for equitable, multi-benefit projects.

Dedicate a multi-agency group to work collaboratively on permits for adaptation projects that reflect regional guidelines and have been identified as regional priorities (see Ideas for the Bay Area at right for a possible model or forum). Achieve smoother, speedier regulatory approvals that don’t compromise environmental protections, transparency, or community engagement by:
‣ Using standard, transparent criteria and checklists (linked to Task 1.1. guidelines) to evaluate candidate projects for eligibility for accelerated permitting.
‣ Providing opportunities for proactive coordination and collaboration between agencies and project proponents and sharing criteria and checklists with project proponents early in their design process.
‣ Improving coordination across agencies and between potential project proponents and regulators before projects are even designed (such as regular engagement with the groups
Ideas for the Bay Area
The San Francisco Bay Restoration
Regulatory Integration Team (BRRIT)
is a multi-agency team dedicated to
improving the permitting of multibenefit habitat restoration projects and associated flood management
and public access in and along San
Francisco Bay. The BRRIT consists of
staff from state and federal regulatory
agencies who work closely with
project proponents from the pre-permit
application stage through permit
completion. However, the BRRIT is a
small team that reviews only a limited
number of habitat projects and has
a limited scope. The BRRIT could be
expanded to cover additional green or
hybrid shoreline protection projects,
or a similar team could be created to
handle projects that provide regional
adaptation benefit but do not meet
current BRRIT criteria.

PROJECTS
Conceptual drawing of the Islais Hyper-Creek project from Resilient By Design.

City Council/RSA Agenda 83 Tuesday, January 25, 2022
35 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM (TASK 7.1 continued)
outlined in Task 8.2).
‣ Establishing a dispute resolution process among permitting agencies.
‣ Conducting CEQA and permitting concurrently.
‣ Enhancing the technical knowledge of permitting staff (via working groups and by tapping outside expertise).
‣ Increasing regulatory capacity for permit review.

TASK 7.2: Assess environmental regulations and policies that slow down progress on projects.

Review plans and laws, including BCDC’s Bay Plan, RWQCB’s Basin Plan, the California Endangered Species Act, California Environmental Quality Act, National Environmental Policy Act, Federal Clean Water Act, and Federal Endangered Species Act, to pinpoint policies that may unintentionally impede permitting or construction of adaptation projects. Starting with local and regional plans and policies, develop consensus on recommended policy changes that balance original intent with changing conditions due to sea level rise, and help facilitate multi-benefit projects. The scope of the review could include:
‣ Clarifying or creating new policies on climate change. ‣ Identifying conflicting regulatory mandates.
‣ Identification of “regulatory gaps,” such as wetland migration space that is not currently protected.
‣ Clarifying design standards for nature-based projects. ‣ Integrating data from pilot projects into planning for new projects. ‣ Reevaluating restrictions on Bay fill for shoreline protection. ‣ Reevaluating criteria for dredged material disposal to incentivize beneficial reuse over in-Bay or ocean disposal.
‣ Reevaluating contaminant criteria for beneficial reuse. ‣ Identifying more funding sources for sediment delivery to beneficial reuse sites and other adaptation projects.
‣ Updating land use policies to allow for habitats to migrate upland. ‣ Permitting that allows for temporary impacts to achieve long-term adaptation goals.
‣ Ensuring that construction work windows provide the expected benefit to special status species.
‣ Addressing the short and long-term impacts of turbidity plumes in water.
‣ Strengthening requirements around long-term monitoring of adaptation outcomes to inform regulatory and policy updates.

Ideas for the Bay Area
In 2016, BCDC completed Policies
for a Rising Bay, which outlines
the policy issues identified in the
Commission’s laws and policies in
light of new challenges, including sea
level rise. The report identifies four
policy issues where BCDC’s policies
were found to be inadequate regarding
risks associated with rising sea levels,
including:

1. Fill for Resilience and Adaptation -
Habitat Restoration and Protection

2. Fill for Resilience and Adaptation -
Innovative Shoreline Solutions

3. Environmental Justice and Social
Equity

4. Adaptive Management
In 2019, BCDC adopted its Fill for
Habitat and Environmental Justice
Bay Plan Amendments that formally
amended its regulatory program to
address these policy gaps.

PROJECTS
City Council/RSA Agenda 84 Tuesday, January 25, 2022
36 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Action 7 Benefits
EQUITY
Rewards projects that value
inclusive engagement and
equitable outcomes.

ENVIRONMENT
Rewards projects that value longterm protection of Bay habitats and natural and nature-based
adaptation outcomes.

ECONOMY
Rewards projects that protect jobs,
businesses, and infrastructure.

Wetlands along the San Jose shoreline during King Tides in December 2019. Photo by SF Baykeeper, Robb Most, and LightHawk.

PROJECTS
City Council/RSA Agenda 85 Tuesday, January 25, 2022
37 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM ACTION 8
Fund and facilitate faster
adaptation projects.

Goals:
‣ Accelerated and funded projects that advance the
regional adaptation vision.
‣ More efficient construction processes for multibenefit, equitable shoreline adaptation projects.

TASK 8.1: Incentivize projects that meet regional
guidelines.

Jump start critical local projects that also contribute to regional goals using collectively developed plan
guidelines and minimum requirements (Task 1.1), tied to financial incentives (Task 6.2) and permitting incentives (Task 7.1). Projects eligible for financial incentives
should be included in successful local plans that follow compatible guidelines (Task 5.1).

Guidelines should be developed with the input of many
stakeholders but may provide:
• Guidance on how to prioritize and include
vulnerable communities in sea level rise projects,
such as through robust and meaningful community
engagement in the project planning process.
• Evaluation of the degree to which a project protects the health of the bay and local ecosystems, and
considers space for habitat migration.
• Evaluation of project impacts on flooding or wave
erosion in other areas of the Bay, and guidance for
best practices to avoid unintended consenquences
in an interconnected Bay system.
• Evaluation of project impacts on natural areas,
frontline communities, public access, and other
consequences to neighbors or the region, such as
displacement.
• Use of an equitable cost-benefit analysis that values frontline communities and other non-monetary
benefits.
• Adaptive project plans that consider flooding above
and beyond the design level or flooding that occurs
more rapidly than planned.

Guidelines should be made easily accessible via
regional technical assistance programs (Task 4.2).

TASK 8.2: Encourage collaboration among people
doing projects in the same places.

Establish place-based, ongoing work groups to
coordinate large-scale, multi-jurisdictional plans and
projects. Provide a forum for building relationships
among agencies, project proponents, and communities,
enhancing communication, transparency, and synergies
among diverse players, and connecting communities to
projects they care about.

Create local visions tied to the regional vision (Task 1.1) and share best practices for project design, governance, and delivery. Use a neutral, third-party facilitator to facilitate these groups and help ensure a balance of
voices, achieve consensus on common project goals,
resolve challenges and conflicts, identify and nurture
of project champions, and broker community benefits
agreements. Consider formalizing these structures
such as in the Hayward example (above) to accelerate
project funding, development and construction across
jurisdictional boundaries.

Ideas for the Bay Area
The Hayward Area Shoreline Planning
Agency Joint Powers Authority brings
together the City of Hayward, East Bay
Regional Parks District, and Hayward
Area Recreation and Parks District
and works with the Hayward Area
Shoreline Citizens Advisory Committee
to coordinate agency planning activities
and adopt and carry out policies for the
improvement of the Hayward Shoreline.

It has recently completed and adopted
a Shoreline Master Plan that outlines
adaptation measures to prepare for sea
level rise. Read it Here.

PROJECTS
City Council/RSA Agenda 86 Tuesday, January 25, 2022
38 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 8.3: Facilitate faster construction of nature-based projects.

Increase the capacity of contractors to build multi-benefit or nature-based projects. Establish training programs on techniques and approaches to construct natural and nature-based shoreline projects for contractors, aligned with regional project guidelines (Task 1.1) and informed by monitoring data (Task 9.2). Coordinate the use of the limited regional supply of fill across the region and improve fill logistics (e.g. stockpiling, contaminant testing, delivery, etc). Strengthen partnerships with regulated communities. Expand RFP and State bond proposition language to make funding such complex projects more flexible.

Improve construction bidding and contracting processes by:
‣ Demystifying project costs.
‣ Contracting earlier in the design process (via
construction management general contracts).
‣ Incentivizing contracts with local or equity-focused
businesses.
‣ Incentivizing the reduction of construction impacts
on communities.

Ideas for the Bay Area
Sediment for Survival, published by
the San Francisco Estuary Institute in
2021, analyzes current data and climate
projections to determine how much
natural sediment may be available
for tidal marshes and mudflats and
how much supplemental sediment
may be needed under different future
scenarios, and offers a strategy for
sediment delivery that will enable
wetlands to survive a changing climate
and provide benefits to people and
nature for many decades to come. This
report can form the foundation for a
region-wide conversation about how
to meet the region’s future sediment
needs for nature-based shoreline
adaptation projects. Read it Here.

Action 8 Benefits
EQUITY
Advocates for community voices
in projects; supports construction
practices that minimize impacts
to communities and support local
businesses.

ENVIRONMENT
Expands the ability of contractors
to build natural and nature-based
solutions.

ECONOMY
Facilitates cross-pollination early
on, resulting in multi-benefit
projects with shared costs;
supports construction practices
that support local businesses.

South Bay Salt Ponds restoration project. Photo by San Francisco Restoration Authority.

PROJECTS
City Council/RSA Agenda 87 Tuesday, January 25, 2022
39 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM

PROGRESS
The cycle of adaptation never stops. Science evolves and we learn lessons from existing projects, often requiring updates to our plans and policies. But how do we know if our efforts have been successful, and whether everything is working out as planned? Tracking and learning from
our successes and failures will allow the region to adjust course, celebrate progress, maintain transparency, and
adapt to uncertainty. Accountability for how well we
achieve our collective adaptation goals goes hand-inhand with future support for this critical work.

ACTION 9
Track and report progress to guide
future actions.

Goals:
‣ A process for gathering feedback and measuring progress on local and regional adaptation efforts.
‣ Clarity on how to adapt plans and projects to changing conditions and outcomes.
‣ Enhanced monitoring of nature-based projects to better understand the benefits and challenges of an ecosystems approach to adaptation.

TASK 9.1: Measure regional progress using metrics and share results.

Regularly check and report on adaptation progress based on the established and shared regional metrics identified in Task 1.1.

Metrics should measure the difference between today’s “baseline”— the region’s current risk profile and adaptation status—and changes related to adaptation activities, or other measures of long-term sustainability. Also consider collecting qualitative reports, such as narratives and community feedback.

Resulting “report cards” should be transparent and understandable (through visually compelling online dashboards) to partners, stakeholders and the public. When appropriate, they should suggest ways to increase alignment with the regional vision, such as changes to incentives (Tasks 5.1 and 8.1), funding models (Task

6.2), technical assistance programs (Task 4.2), or the legislative agenda (Task 1.2).

Ideas for the Bay Area
The State of the Estuary report
tracks indicators and trends that
measure the San Francisco Estuary’s
ecological health. Likewise, the Delta
Stewardship Council’s Delta Plan
Performance Measures uses several
metrics to measure, progress, and track
performance across the coequal goals
of a reliable water supply for California
and a healthy Delta ecosystem. It uses
an easy-to-access, graphics-rich online
interface to illustrate performance
measure information and data to ensure
transparency around the Delta Plan’s
goals and performance measures. This
website and the metrics it tracks could
be a model for how the Bay Area could
transparently track its adaptation goals
and progress.

PROGRESS
People visiting recreational trails near the Palo Alto Baylands.

Photo by Jitze Couperus licensed under CC BY 2.0.

City Council/RSA Agenda 88 Tuesday, January 25, 2022
40 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM TASK 9.2: Monitor and learn from pilot projects.

Monitor pilot projects to identify lessons learned and update or establish guidance based on these lessons. Expand and support existing monitoring programs, such as the Wetland Regional Monitoring Program and the San Francisco Bay National Estuarine Research Reserve, to increase the context for learning and adaptation. Use monitoring to update and refine best practices for innovative, multi-benefit projects covered in regional vision (Task

1.1), funding criteria (Task 6.2), technical assistance guidance (Task

4.2), and permitting processes (Task 7.1).

Action 9 Benefits
EQUITY
Ensures accountability for equity
and community-focused adaptation
outcomes.

ENVIRONMENT
Ensures accountability for naturebased, ecosystem, and habitatbased adaptation outcomes; monitoring and reporting will
improve the design, permitting,
funding, and construction of
nature-based adaptation strategies.

ECONOMY
Ensures accountability for job
and housing growth adaptation
co-benefits; monitoring of pilot
projects will lead to more efficient
and effective projects and
expedited protection for critical
assets.

PROGRESS
Ideas for the Bay Area
Pilot projects don’t have to be limited
to nature-based solutions. The San
Francisco Bay Area Rapid Transit
District (BART) can serve as a model
for other agencies pursuing adaptation.

With limited funding and resources,
BART has conducted a number of pilot
projects to evaluate resiliency risks
and develop adaptation solutions. Pilot
findings have been used to inform
BART capital projects of risks. As a pilot
outcome, BART requires in the BART
Facilities Standards (BFS) that capital
projects account for SLR risk in their
designs. BART’s approach to leverage
existing data and partnerships to
maximize pilot outcomes are examples
of practices that can be shared and
benefit other agencies.

Creosote-treated pilings at the Red Rocks warehouse site in Richmond. Photo by Marilyn Latta, State Coastal Conservancy.

City Council/RSA Agenda 89 Tuesday, January 25, 2022
Bay Adapt
Implementation Chart
Draft as of October 2021 BCDC RW
QCB
MTC/
ABAG
SFEP SCC BARC CaltransDSC Other
State
NOAA USACE
Other
Federal
Local
Juris.

BayCANSFEI CHAR
G
NorCal
RN
WOEIPExploratoriumGreenbelt
Alliance
CBOs EJ
Advo
Enviro
Orgs
BusinessPriv
Phil
AcademiaMedia* Education/
Cultural
Orgs

CO-LEADS

IDENTIFIED
Task 1.1: Create a long-term regional vision rooted
in communities, bay habitats, and the
economy.

L • • • • • • • • • L • • • • • • L • • • • • • •
BCDC
Local Jurisdiction(s)
CBO(s)
Task 1.2: Lay the foundation for a proactive
regional legislative agenda. • • • • L • • • • • • • • • • • • • • BARC Task 2.1: Improve how communities and public
agencies learn from each other and work
together.
• • L • • • • • • • • • • • • • L L L • • • •
RWQCB, BayCAN,
Norcal Resilience
Network, WOEIP
Task 2.2: Fund the participation and leadership
of CBOs and frontline communities in
adaptation planning.
• • • • • • L • • • • L L • • •
BARC, Norcal
Resilience Network,
WOEIP
Task 3.1: Tell local and regional stories about
people and places adapting to climate
change. • • • • • L • • • • L • • • • L BARC, Exploratorium Media*
Task 3.2: Weave climate literacy into school
programs. • • • • • • • • • TBD
Task 4.1: Align research and monitoring with
information gaps. • • L • • • • • • • • • • L L • • • • • • • • • RWQCB, BayCAN, SFEI Task 4.2: Make scientific data, information, and
guidance easier to access and use. L • • L • • • • • • • • • • • L L • • • • • • BCDC, MTC/ABAG, BayCAN, SFEI
Task 4.3: Increase access to technical consultants
for local adaptation partners. L L • • • • • • • • • • MTC/ABAG, SFEP Task 5.1: Provide incentives for robust,
coordinated adaptation plans. • • • • • • • • • • • • TBD Task 5.2: Align state-mandated planning
processes around adaptation. • • • • • • • • TBD
Task 6.1: Expand understanding of the financial
costs and revenues associated with
regional adaptation.

L • • L • • • • • BCDC, MTC/ABAG
Task 6.2: Establish a framework for funding plans
and projects. L L • • • • • • • • • • • BCDC, MTC/ABAG
Task 6.3: Help cities and counties expand ways to
fund adaptation planning and projects. • L • • • • • • • • • MTC/ABAG Task 7.1: Accelerate permitting for equitable,
multi-benefit projects L L L • • • • • • • • • • • BCDC, RWQCB, SFEP Task 7.2: Assess environmental regulations and
policies that slow progress on projects. L L L • • • • • • • • • • BCDC, RWQCB, SFEP Task 8.1: Incentivize projects that meet regional
guidelines. • • • • • • • • • • • • • • • • TBD
Task 8.2: Encourage collaboration among people
doing projecs in the same places. • • • • • • • • L • • • • • • • • L • • • • SCC, SFEI Task 8.3: Facilitate faster construction of naturebased projects. • • • L • • • • • • • • • • • • • SFEP Task 9.1: Measure regional progress using metrics
and share results. L • • L • • • L • • • • • BCDC, SFEP, SFEI Task 9.2: Monitor and learn from pilot projects. • • L • • • • • • • • • • • • • • • RWQCB Tasks Assigned as Lead 7 5 5 5 1 3 0 0 0 0 0 0 1 3 4 0 2 2 1 0 1 0 0 0 0 0 1 0 Tasks Assigned to Participate 8 3 9 9 11 4 3 2 0 3 3 3 7 8 5 4 0 0 0 2 3 1 1 1 4 3 0 2 Tasks Assigned to Advise 5 2 2 2 2 4 4 6 2 1 3 0 11 1 0 8 0 0 0 0 10 10 9 8 0 5 0 0

PEOPLE INFORMATION PLANS PROJECTS PROGRESS

GOVERNMENT NON-GOVERNMENTAL ORGANIZATIONS
Key
L Lead
•• Participate
• Advise
Acronyms
BCDC
Bay Conservation and
Development Commission
RWQCB
Regional Water Quality Control
Board

MTC/ABAG
Metropolitan Transportation
Commission Association of
Bay Area Governments
SFEP
San Francisco Estuary
Partnership
SCC
State Coastal Conservancy
BARC
Bay Area Regional
Collaborative
Caltrans
California Department of
Transportation
DSC
Delta Stewardship Council
NOAA
National Oceanic and
Atmospheric Association
USACE
US Army Corp of Engineers
Local Jurisdictions
City and County Government
BayCAN
Bay Area Climate Action
Networkl
SFEI
San Francisco Estuary Institute
CHARG
Coastal Hazards Adaptation
Resilience Group
Norcal RN
NorCal Resilience Network
WOEIP
West Oakland Environmental
Indicators Project
CBOs
Community Based
Organizations
EJ Advo
Environmental Justice
Advocacy Organizations
Enviro Orgs
Environmental Organizations
Business
Businesses, Associations, and
Civic Advocacy
Pri Phil
Private Philanthopy
Academia
Universities or research
*May include
KneeDeepTimes,
KQED, and Joint
Venture/SFEP
Bay Area Regional
Communications Team City Council/RSA Agenda 90 Tuesday, January 25, 2022 41 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Bay Adapt process and
Leadership Advisory
Group (LAG)
Bay Adapt was convened by the San Francisco Bay Conservation and Development Commission (BCDC) in partnership with a broad range of Bay Area leaders that comprise the Leadership Advisory Group (LAG). The LAG consists of leaders from public agencies, interest groups, community-based organizations, and academia and provides strategic direction, feedback, and leadership in implementing the Joint Platform actions.

The strategies in this document were developed by BCDC staff with nearly 100 stakeholders who participated in hundreds of hours of working group meetings. The strategies were also informed by one Public Forum, ten Community and Stakeholder Focus Groups, an Environmental Justice (EJ) Caucus which was convened regularly throughout the process, and many presentations to other region-wide existing groups consisting of local government staff and elected officials.

For a summary of feedback from the Public Forum, Community and Stakeholder Focus Groups, and a list of outreach presentations, visit the Bay Adapt website at www.bayadapt.org.

Leadership Advisory Group Members
Ana Alvarez, Deputy General Manager, East Bay
Regional Parks (EBRP)
Tessa Beach, Ph.D, Chief, Environmental Section, U.S.

Army Corps of Engineers, San Francisco District
David Behar, Climate Program Director, San Francisco
Public Utilities Commission (SFPUC)/ Bay Area Climate
Adaptation Network (BayCAN)
John Bourgeois, Representative, Coastal Hazards
Adaptation Resiliency Group (CHARG)
Allison Brooks, Executive Director, Bay Area Regional
Collaborative (BARC)
Amanda Brown-Stevens, Executive Director, Greenbelt
Alliance
Paul Campos, Sr. Vice President, Building Industry
Association
Warner Chabot, Executive Director, San Francisco
Estuary Institute (SFEI) (alt. Jeremy Lowe)
John Coleman, CEO, Bay Planning Coalition (alt. Emily
Loper)
Dina El-Tawansy, District 4 Director, Caltrans
Tian Feng, District Architect, San Francisco Bay Area
Rapid Transit District (BART)
Julio Garcia, Environmental Justice Caucus Member
Ms. Margaret Gordon, Co-Director, West Oakland
Environmental Indicators Project (WOEIP)
Terri Green, Director, Shore Up Marin City
Amy Hutzel, Deputy Executive Officer, State Coastal
Conservancy/SF Bay Restoration Authority
Alicia John-Baptiste, Executive Director, SPUR (alt.

Laura Feinstein)
Melissa Jones, Executive Director, Bay Area Regional
Health Inequities Initiative (BARHII) (alt. Matt Vander Sluis)
David Lewis, Executive Director, Save the Bay (alt.

Cheryl Brown)
Mark Lubell, Ph.D, Professor, University of California, Davis
City Council/RSA Agenda 91 Tuesday, January 25, 2022
42 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Therese McMillan, Executive Director, MTC/ABAG (alt.

Brad Paul)
Mike Mielke, Sr. Vice President, Silicon Valley Leadership Group
Michael Montgomery, Executive Officer, San Francisco
Regional Water Quality Control Board (RWQCB) (alt. Lisa Horowitz McCann)
Barry Nelson, Commissioner (Alternate), Bay
Conservation and Development Commission (BCDC)
Sheridan Noelani Enomoto, Resilience Hubs
Coordinator, NorCal Resilience Network
Dave Pine, San Mateo County Supervisor/Chair, San
Francisco Bay Restoration Authority
Working Group Members:

Ana Alvarez, EBRPD
Phoenix Armenta, WOEIP (Chair)
Julie Beagle, USACE
David Behar, BayCAN
Claire Bonham-Carter, AECOM
Allison Brooks, BARC
Cheryl Brown, Save the Bay
Paul Campos, Building Industry Association
Warner Chabot, SFEI
Chris Choo, Marin County
John Coleman, Bay Planning Coalition (Chair)
Heather Cooley, Pacific Institute
Adrian Covert, Bay Area Council
Jessica Davenport, State Coastal Conservancy
Paul Detjens, Contra Costa County
Hannah Doress, San Mateo County
Arthur Feinstein, Sierra Club
Laura Feinstein, SPUR
Xavier Fernandez, RWQCB
Andrea Gaffney, BCDC
Stefan Galvez-Abadia, Caltrans
Julio Garcia, Environmental Justice Caucus Member
Erika Powell, Senior Project Manager, U.S. Army Corps of Engineers
Bruce Riordan, Director, BayCAN
Caitlin Sweeney, Executive Director, San Francisco
Estuary Partnership (SFEP)
Laura Tam, Program Officer, Resources Legacy Fund
Will Travis, Independent Consultant
Zack Wasserman, Chair, Bay Conservation and
Development Commission (BCDC)
Jim Wunderman, President, Bay Area Council (alt. Adrian Covert)
Michael Germeraad, MTC/ABAG
Vincent Gin, Valley Water
Juliana Gonzales, The Watershed Project
Terrie Green, Shore Up Marin
Marcus Griswold, San Mateo County
Dave Halsing, South Bay Salt Pond Restoration Project
Sami Harper, RWQCB
Katie Hart, RWQCB
Rachael Hartofelis, MTC/ABAG
Kristina Hill, UC Berkeley
Brian Holt, EBRPD
Stefanie Hom, MTC/ABAG
Lee Huo, San Francisco Bay Trail
Melissa Jones, BARHII
Nuin-Tara Key, Office of Planning and Research
Leslie Lacko, Marin County
Roger Leventhal, Marin County
Jack Liebster, Marin County (Chair)
Emily Loper, Bay Planning Coalition
Corina Lopez, City of San Leandro (elected)
Lindy Lowe, Port of San Francisco (former)
Jeremy Lowe, SFEI
City Council/RSA Agenda 92 Tuesday, January 25, 2022
43 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Mark Lubell, UC Davis
Pat Mapelli, Granite Rock
Moira McEnepsy, State Coastal Conservancy
Paul Medved, BART
Mike Mielke, Silicon Valley Leadership Group
Lil Milagro Henriquez, Mycelium Youth Network
Kris May, Silvestrum
Rafael Montes, BCDC
Hoi-Fei Mok, City of San Leandro
Stephanie Moulton-Peters, Marin County (elected)
Heidi Nutters, SFEP
Gail Payne, City of Alameda
Erik Pearson, City of Hayward
Dave Pine, San Mateo County (elected)
Jim Ponton, RWQCB
Erika Powell, CHARG (Chair)
Bruce Riordan, BayCAN
Harriet Ross, Delta Stewardship Council
Ana Ruiz, Mid Pen Open Space District
Sarah van der Schalie, NOAA
Magdalena Sta Maria, Santa Clara County
Sandra Scoggin, SF Bay Joint Venture
Jasneet Sharma, Santa Clara County
Stuart Siegel, SF NERR
Zoe Siegel, Greenbelt Alliance
Becky Smyth, NOAA
Robert Spencer, Urban Economics
Mark Stacey, UC Berkeley
Caitlin Sweeney, SFEP (Chair)
Laura Tam, Resources Legacy Fund
Will Travis, Independent Consultant
Stu Townsley, US Army Corps
Luisa Valiela, EPA Region 9
Matt Vander Sluis, BARHII
Edgar Westerhof, Arcadis
Angie Xiong, Ascent Environmental
Jacqueline Zipkin, East Bay Dischargers Authority
BCDC Staff
Larry Goldzband, Executive Director
Steve Goldbeck, Deputy Director
Jessica Fain, Planning Director
Erik Buehmann, Planning Program Manager
Dana Brechwald, ART Program Manager
Rachel Cohen, Planning Secretary
Andrea Gaffney, Senior Landscape Architect
Nahal Ghoghaie, Environmental Justice Manager
Todd Hallenbeck, GIS Specialist
Daniel Hossfeld, Environmental Scientist
Viktoria Kuehn, Environmental Scientist
Nicholas Sander, Environmental Scientist
Jaclyn Mandoske, Environmental Scientist
Rafael Montes, Senior Engineer
Sam Cohen (former BCDC)
Shannon Fiala (former BCDC)
Karen Tanner (former BCDC)
Report Design
Jaclyn Mandoske, Environmental Scientist
City Council/RSA Agenda 93 Tuesday, January 25, 2022
44 BAY ADAPT | Regional Strategy for A Rising Bay JOINT PLATFORM Acronyms
Acronym Description
ABAG Association of Bay Area Governments
BARC Bay Area Regional Collaborative
BARHII Bay Area Health Inequities Initiative
BART Bay Area Rapid Transit
BayCAN Bay Area Climate Adaptation Network
BCDC SF Bay Conservation and Development Commission
BRRIT Bay Restoration Regulatory Integration Team
CHARG San Francisco Bay Regional Coastal Hazards Adaptation Resiliency Group EBRPD East Bay Regional Parks District
MTC Metropolitan Transportation Commission
NERR National Estuarine Research Reserve
NOAA National Oceanic and Atmospheric Administration
RWQCB Regional Water Quality Control Board
SCC State Coastal Conservancy
SFEI San Francisco Estuary Institute
SFEP San Francisco Estuary Partnership
SFBRA San Francisco Bay Restoration Authority
SFPUC San Francisco Public Utilities Commission
USACE U.S. Army Corps of Engineers
WOIEP West Oakland Environmental Indicators Project
City Council/RSA Agenda 94 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUION APPROVING AMENDMENT NO. 3 OF CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $75,000 FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL AMOUNT OF $1,247,900 Staff recommends that the City Council adopt a resolution approving Amendment No. 3 to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $75,000 for the Union City Boulevard Bikes Lanes Project, City Project 17-29, increasing the totalcontract amount to $1,247,900.

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

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

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

BACKGROUND
On April 27, 2017, Union City was awarded $7,800,000 (requiring $1,000,000 of local match using the City’s State Gas Tax (Fund 2510) funds for a total project budget of $8,800,000) by Alameda County Transportation Commission (ACTC) through the Project Funding Agreement (PFA) for “Union City Boulevard Class II Bikes Lanes Project” for construction of over two (2) miles of new bicycle facilities along Union City Boulevard from approximately 600 feet south of Alvarado Boulevard to the southern city limits.

This Union City Boulevard Bike Lanes Project will complete the gap along Union City Boulevard by providing continuous bike facilities between the existing Class II bike lanes from south of Alvarado Boulevard with new buffered bike lanes that connect to Ardenwood Boulevard in Fremont. These new improvements will include City Council/RSA Agenda 95 Tuesday, January 25, 2022
Complete Street improvements at the intersections of Regents Boulevard, Dyer Street and Rocklin Drive. A Class I new multi-use trail will also be provided adjacent to Delaine Eastin Elementary School on Union City Boulevard, which will improve direct access for students who bike or walk to the school. In addition, the project willconstruct a dedicated right-turn lane for vehicles proceeding to the school to eliminate the traffic back up on southbound Union City Boulevard.

DISCUSSION
Since 2019, the City Council has taken several incremental steps regarding the Union City Boulevard Bike Class II Bike Lane Project:

Resolution 5471-19 was adopted to incorporate SB-1 funds for pavement rehabilitation. Engineering staff identified various pavement areas of Union City Boulevard that needed rehabilitation and began considering including this roadway work with the Bike Lanes Project.

Resolution 5510-19 was adopted to approve Contract C5363 with Kimley-Horn and Associates, Inc., in the amount of $537,900, to assume the design of the bike lane project and complete the Final PS&E.

Resolution 5604-20 was adopted to approve Contract C5439 with Kimley-Horn and Associates, Inc., in the amount of $287,000, which constituted Amendment No. 1 to Contract C5363, for design refinements that included pavement reconstruction and rehabilitation within the project limits and updating the bikeway design.

Resolution 5613-20 was adopted to amend a list of projects for FY 2020/21, in the amount of approximately $1.4 million funded by SB-1 - The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations including Union City Boulevard. The estimated construction cost to include the pavement rehabilitation of Union City Boulevard with the Bike Lanes Project is estimated at $13.0 million.

Resolution 5835-21was adopted to approve Contract C5439b with Kimley-Horn and Associates in the amount of $348,000, which constituted Amendment No. 2 to Contract C5363, for updating the project plans to refine various intersections for bikes and pedestrian, adding potential new crossings for bikes and pedestrians, adding traffic control devices such as flashing signs to slow traffic speeds, improving street lights illumination and updating and coordinating these design updates with BPAC.

In late October 2021, the Bay Area experienced heavy rains known as a “atmospheric river” rainfall event. The combination of a heavy rainfall and tree foliage or debris clogging existing storm drain inlets resulted in flooding segments of Union City Boulevard in both the northbound and southbound directions. With flooding of the No. 2 lanes (next to the sidewalk) in each direction, Public Works crews were required to set up traffic control to close the lanes to traffic and clean out the clogged inlets. Another storm event followed in late December 2021 resulting in ponding in short segments of the road. The known flooding areas in the southbound direction is between Alvarado Boulevard and Regents Drive and Jean Drive and Dyer Street. The flooding between Jean Drive and Dyer Street may also be contributed by bay waters backing up and coming from drainage outfall pipes of Alameda County’s Flood Control J2 Line and J3 Line channels that cross directly under Union City Boulevard during high tide events. The J2 Line is located south of Dyer Street and the J3 Line is located north of Jean Drive.

Amendment No. 3 is for roadway drainage design that will include review of As-Builts of the existing drainage facilities, the preparation of Preliminary Drainage Analysis Report, coordination with Alameda County Flood Control and Water Conservation District (ACFC&WCD), the preparation of Final Drainage Memo with recommendation of proposed roadway drainage improvements and the revision to the Final Plans and Specification for reducing flooding along Union City Boulevard within the proposed bike lanes.

Construction is anticipated to begin late 2022 and combined bikes lanes and pavement rehabilitation roadwork is anticipated to be completed by end of 2023.

City Council/RSA Agenda 96 Tuesday, January 25, 2022

FISCAL IMPACT
The totalcost for Amendment No. 3 to the Consultant Services Agreement with Kimley-Horn and Associates, Inc. for roadway drainage design for the Union City Boulevard Bikes Lanes Project, Project No. 17-29, is $75,000 and will be funded with SB 1-Road Maintenance and Rehabilitation Account (Account Number 2515-3199-91729- 54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021/22 to Fiscal Year 2025/26, bringing the totalcontract amount to $1,247,900.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Amendment No. 3 to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $75,000 for the Union City Boulevard Bikes Lanes Project, City Project 17-29, increasing the totalcontract amount to $1,247,900.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A -Amendment No. 3 to Kimley-Horn Agreement Exhibit City Council/RSA Agenda 97 Tuesday, January 25, 2022
RESOLUTION NO. xxxx-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 3 TO CONSULTING SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.,
IN THE AMOUNT OF $75,000, FOR

UNION CITY BOULEVARD BIKE LANES PROJECT,
CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT OF $1,247,900 WHEREAS, on April 27, 2017, the City of Union City was awarded $7,800,000 (requiring $1,000,000 of local match using City’s State Gas Tax Funds for a total project funding of $8,800,000) by Alameda County Transportation Commission (ACTC) through the Project Funding Agreement (PFA) for “Union City Boulevard Class II Bikes Lanes Project;” and
WHEREAS, the project will complete about a two (2) mile gap along Union City Boulevard by constructing new, continuous, and buffered bike lanes between the existing Class II bike lanes from a point 600 ft. south of Alvarado Boulevard to the existing Class II bikes lanes at the Alameda Creek Channel bridge, with direct connection to existing bike lanes on Ardenwood Boulevard in Fremont. The project will include “Complete Street” improvements along Union City Boulevard at the intersections of Regents Boulevard, Dyer Street and Rocklin Drive, including a new multi-purpose trail adjacent to Delaine Eastin Elementary School providing direct access for students who bike or walk to school and a right-turning lane into the school; and WHEREAS, on April 23, 2019, the City Council adopted resolution (5471-19) approving a list of projects for FY 2019/20 in the amount of approximately $1.1 million funded by SB-1 - The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations including Union City Boulevard; and
WHEREAS, on July 23, 2019, the City Council approved a Consulting Services Agreement, C5363, with Kimley-Horn and Associates, Inc. to complete the Final Plans, Specifications and Estimate in the amount of $537,900; and WHEREAS, on October 21, 2019, Kimley-Horn and Associates, Inc. presented the project to Union City’s Bicycle and Pedestrian Advisory Commission (BPAC), who provided valuable comments related to improving bicycle and pedestrian travel through the intersection of Regents Boulevard, Dyer Street and Rocklin Drive, upgrading ADA wheelchair ramps, enhancing pedestrian crosswalks, evaluating existing street lighting and reconstructing intersection corners to slow down turning cars resulting in various project design refinements; and
WHEREAS, on June 23, 2020, the City Council adopted a resolution (5613-20) to amend the list of projects for FY 2020/21 in the amount of approximately $1.4 million City Council/RSA Agenda 98 Tuesday, January 25, 2022
funded by SB-1 Road Maintenance and Rehabilitation Account (Fund 2515), which included pavement rehabilitation and improvements in various locations including Union City Boulevard; and
WHEREAS, the construction cost for the combined Union City Boulevard Bike Lanes and Union City Boulevard Pavement Rehabilitation projects is estimated around $13.0 Million; and
WHEREAS, on May 26, 2020, the City Council approved Contract Amendment No. 1, C5439, with Kimley-Horn and Associates, Inc., in the amount of $287,000, for design refinement revisions bringing the contract amount to $824,900 to complete the Final Plans, Specifications and Estimate (PS&E); and
WHEREAS, on October 12 2021, the City Council approved Contract Amendment No. 2, C5439b, with Kimley-Horn and Associates, Inc., in the amount of $348,000, for adding traffic control measures at intersection crossings, evaluating additional intersection crossings, improving street lighting illumination and extending the buffer bike lanes to Smith Street; design refinement revisions bringing the contract amount to $1,172,900 to complete the Final PS&E; and
WHEREAS, heavy rains in October and December 2021 resulted in flooding of various segments of Union City Boulevard in both the northbound and southbound directions and requiring lanes to be closed to traffic to allow cleaning out the clogged storm drain inlets; and
WHEREAS, Amendment No. 3 to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount $75,000, will include roadway drainage design consisting of review of As-Builts of the existing drainage facilities, the preparation of Preliminary Drainage Analysis Report, coordination with Alameda County Flood Control and Water Conservation District (ACFC&WCD), the preparation of Final Drainage Memo with recommendation of proposed roadway drainage improvements and the revision to the Final Plans and Specification for reducing flooding along Union City Boulevard within the proposed bike lanes; and
WHEREAS, Amendment No. 3 to Consulting Services Agreement with KimleyHorn and Associates, Inc., in the amount of $ 75,000 will be funded with SB 1-Road Maintenance and Rehabilitation Account (RMRA) (Fund 2515) for the roadway drainage design that will be included in the Final PS&E and there are sufficient funds budgeted in SB 1-RMRA Fund; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the use of $75,000 from budgeted SB 1-Road Maintenance and Rehabilitation Account funds (Fund 2515) for Amendment No. 3 to the Consulting Services Agreement with Kimley-Horn and Associates, Inc. for roadway drainage design for the Union City Boulevard Bike Lanes Project, City Project No. 17-29 (Exhibit A); and
City Council/RSA Agenda 99 Tuesday, January 25, 2022
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Amendment No. 3 to Contracts C5363, C5439 and C5439b with Kimley-Horn and Associates, Inc. of Pleasanton, CA, which increases the current contracts by $75,000, bringing the total contract amount to $1,247,900, to assist Public Works with the completion of the Final PS&E of the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of January 2022, by the following vote:

City Council/RSA Agenda 100 Tuesday, January 25, 2022

THIRD AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT
THIS THIRD AMENDMENT is effective as of this 10th day of January 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Kimley-Horn and Associates, Inc., a North Carolina Corporation ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on July 22, 2019, the Parties entered into a Contractual Services Agreement, C5363 (“Agreement”) wherein the Consultant will provide the City with services related to the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, the Parties have previously entered into the First Amendment, C5439 to the Agreement dated May 26, 2020 to expand the Agreement’s scope of work and increase the compensation by $287,000 (the “First Amendment”); and
WHEREAS, the Parties have previously entered into the Second Amendment, C5439b to the Agreement dated October 10, 2021 to expand the Agreement’s scope of work and increase the compensation by $348,000 (the “Second Amendment”); and
WHEREAS, the Parties desire to amend the Agreement, as previously amended by the First and Second Amendment, to further clarify the scope of services to be provided by the Consultant; and WHEREAS, the City and Consultant desires to enter into this Third Amendment.

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

1. The Scope of Work will include the analysis and design of roadway drainage improvements along Union City Boulevard to be performed by Consultant, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Third Amendment, attached hereto, and incorporated herein by reference.

2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Seventy-Five Thousand Dollars ($ 75,000). The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Million Two Hundred FortySeven Thousand Nine Hundred dollars ($1,247,900). The first sentence shall now read:

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City hereby agrees to pay Consultant a sum not to exceed One Million Two Hundred Forty-Seven Thousand Nine Hundred dollars ($1,247,900) not withstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

3. All other provisions of the Agreement, as previously amended by the First and Second Amendments, remain unchanged except as modified by this Third Amendment.

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

THE CITY OF UNION CITY KIMLEY-HORN AND ASSOCIATIONS, INC By By
Joan Malloy, Brian Sowers,
City Manager Vice-President
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
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EXHIBIT A
UNION CITY BLVD. BIKE LANES PROJECT, CITY PROJECT NO. 17-29

SCOPE OF SERVICES

FOR ROADWAY DRAINAGE
I. PROJECT DESCRIPTION
Union City (City) is preparing a final PS&E package for the Union City Boulevard Bike Lanes Project (Project). The Project proposes improvements along approximately two miles of Union City Boulevard between the City limit line with Fremont and Smith Street/Cambridge Way to add a Class IV bicycle facility. The Project components include construction of a buffered Class II bikeway within the Project limits, median curb reconstruction, roadway widening, intersection improvements, enhanced pedestrian and bicycle crossings, ADA upgrades, signal modifications, and pavement rehabilitation. Kimley-Horn is engaged by the City to deliver the Project’s PS&E package. This Project scope as defined below, is based on input gathered from the City meetings that were held between the City and Kimley-Horn staff, and a preliminary review of the Storm Drain system and street flooding sketch provided by the City consultant. This scope of work is limited to Storm Drain analysis and design only.

II. PROJECT SCOPE OF WORK
Task 1. Preliminary Drainage Analysis:

This task includes the preparation of one drainage memo to summarize the pre-project and postproject 10-year rainfall event runoff conditions. This preliminary memo is limited to the project area and regional modeling beyond the project limits is excluded. • Research of readily available drainage reports and related studies • One site visit to visually observe site drainage conditions • Coordination with Alameda County Flood Control District (ACFCD) regarding project drainage and existing connections into ACFCD channels
• This task includes up to ten hours of staff time for project related meetings, including conference calls, as requested by the Client
• Preparation of existing and proposed condition drainage maps • Drainage areas will be based upon project survey area and readily available topographic data. Offsite tributary area which conveys flow into the project area will be approximate for the purpose of this analysis and noted if further survey and investigations are required.

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• Hydrology calculations based upon rational method for the 10-year storm event following the ACFCD provided spreadsheet. Drainage areas will be limited to the proposed project limits and up to 30 areas are included based upon existing inlets. Computer modeling of the drainage system is excluded from this scope.
• Hydraulic calculations for up to 30 existing inlet laterals and gutter spread based upon manning’s equations to be prepared utilizing flowmaster software and summarized in tabular format.
• This task assumes downstream HGL information will be provided by ACFCD or an agreed upon determination by the City
• QC/QA internal review
Task 1 Deliverables:
• Preliminary Drainage memo
• Proposed improvement Concept Plan
• Project Invoices
Task 2. Construction Documents
Based on the design that was finalized as part of Task 1, 90%, 100%, and Final Design level construction plans, special provisions and an opinion of probable construction cost will be prepared. This task includes two rounds of revisions based upon consolidated agency review comments. The Consultant will perform on-going quality assurance/quality control (QA/QC) review of documents prepared under this Task. The assumptions that are outlined below for each of the sub-tasks are based on preliminary review of the Task 1 concept plan. In the case any of these assumptions do not hold accurate, the scope and fee for the individual sub-task that is based on that assumption will change, work will be stopped, and the change will be brought to the City’s attention for review and approval. This task includes up to ten hours of staff time for project related meetings, including conference calls, as requested by the Client.

2.1. Construction Document Plans:

The anticipated Construction Documents plan sheets will be 24”x36” and shall include the following sheets listed below. It is understood these construction documents will be included as part of the Bikeway Project PS&E bid package.

General Notes and Abbreviations – One plan sheet that includes general notes and a list of City reference drawings utilized throughout the design of the Project. This sheet will include a legend for the plan symbols and a list of abbreviations for the Project plan set.

Key Map– A Key Map will be created to illustrate the drainage improvement plan locations with respect to the overall project limits.

Assumptions: It is assumed that survey and monument data as provided by the previous consultant is correct. It is assumed that the centerline alignment shown on the previous DocuSign Envelope ID: F5C77378-4B1A-4455-8A1D-26EFFC91B241 City Council/RSA Agenda 104 Tuesday, January 25, 2022
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consultant's plan is set correctly and does not require major revisions.

Drainage Plans – Up to two sheets for plan view construction notes and elevations for new inlet locations and/or modifications to existing inlets. This scope and fee include up to sixteen (16) new or modified inlets will be included in the proposed design.

Assumptions: It is assumed that City will provide CAD files for drainage layout and drainage intent/design information. It is also assumed that all dip elevations for the impacted inlets are available from survey data that is provided by the City/previous consultant.

Storm Drain Lateral Profiles – Up to two sheets for profile view of new or modified storm drain inlets and laterals.

Assumptions: It is assumed that new inlet locations will be adjacent to existing storm drain trunk lines and no new mains, or extensions to existing storm drain mains, are included in this scope. It is understood the lateral refers to the connection from drain inlet to the underground mainline; a mainline refers to the underground storm drain collecting several laterals and conveying to an outlet.

Construction Details – Kimley-Horn will prepare construction detail sheets that to include the applicable Caltrans and City standards to the proposed drainage design.

Assumptions: It is assumed that no new construction detail sheets will be created and City and/or Caltrans standards will be used.

Prepare Engineer’s Opinion of Probable Construction Costs: Kimley-Horn will prepare the Engineer’s Opinion of Probable Construction Costs, based on the latest design quantity takeoffs and current unit prices from Caltrans cost database and from any latest bid information provided by the City.

Prepare Special Provisions: Kimley-Horn will prepare special provisions based on the design. It is assumed that the City will provide all front-end specifications for the Project. The technical specifications will follow 2018 Caltrans Standard Specifications.

2.2. Final Drainage Memo: Kimley-Horn will prepare one Final Drainage Report based upon ACFCD and City guidelines. This report will update the conceptual drainage analysis prepared in Task 1 to reflect the proposed design in Task 2.1. This memo will include up to two rounds of consolidated agency review revisions.

The report will include the following:
• Existing and Proposed Drainage Map exhibits
• Existing and Proposed peak storm event hydrology for the 10year and 100year storm events, limited to the proposed project area
• Hydraulic analysis for the existing and proposed drain inlets and underground laterals Based upon the proposed project area including less than one acre of impervious surface hydromodification is not required. Should the project area be revised an additional scope and DocuSign Envelope ID: F5C77378-4B1A-4455-8A1D-26EFFC91B241 City Council/RSA Agenda 105 Tuesday, January 25, 2022
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fee will be required for hydromodification analysis and design. It is understood the postconstruction stormwater treatment analysis is prepared per separate contract.

2.3. Project Management and QA/QC: Kimley-Horn will follow a structured QA/QC process that will be implemented throughout the life of the Project. The project manager will work with senior staff to establish and implement quality control procedures for design activities for this Project.

Senior staff will perform quality control reviews throughout the Project and the project manager will perform quality assurance audits prior to PS&E submittals to the City. The Kimley-Horn design team will perform a constructability review of the 90% design. The review will confirm Project constructability, staging and traffic handling concepts and identify opportunities for cost savings.

QC/QA reviews and documentation will be maintained in-house. This task includes ongoing internal project management and monthly accounting for project invoicing.

Task 2 Deliverables:
• Design Plan Sheets at 90%, 100%, and Final Design (1 hard copy and 1 electronic copy) • Final Specifications and Special Provisions at 90%, 100%, and Final Design (1 hard copy and 1 electronic copy)
• Opinion of Probable Construction Cost Estimates at 90%, 100%, and Final Design (1 hard copy and 1 electronic copy)
• Project invoicing
Additional Services and Assumptions: Additional services are items that can be provided by LCC, or its subcontractors, but which are not included in the “Scope of Services” outlined above.

Additional services will be provided on a “Time and Materials” basis, according to LCC’s prevailing “Rate Schedule,” unless a separate agreement for the work is negotiated. LCC will undertake additional services when requested to do so by the City. A verbal request by the City for additional services shall be considered as direction to LCC to undertake such additional work. Prior to proceeding with any additional services, LCC will send a work order to the City indicating the nature of requested additional services, and an estimate of the fees to be charged for the additional work, subject to approval by the City.

Work items that will be considered “Additional Services” include, but are not limited to the following:
• Reviewing and incorporating comments and mark-ups from the City beyond the submittals indicated
• Regional drainage modeling and drainage analysis beyond the limits of the proposed project
• PS&E for new storm drain main, upsizing existing main, or extensions to existing main • Preparation of Legal Descriptions and Plat Maps for Easements or ROW dedications.

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• FEMA Documentation including but not limited to CLOMR and LOMR applications • Additional topographic survey
• Underground utility location and potholing services
• Traffic control
• Construction Staking
• Civil Engineering Services During Bid Phase and Construction Phase DocuSign Envelope ID: F5C77378-4B1A-4455-8A1D-26EFFC91B241 City Council/RSA Agenda 107 Tuesday, January 25, 2022
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EXHIBIT B

FEE PROPOSAL
Kimley- Horn Project Team for the Roadway Drainage Design will include the following:
• Tyler Whaley, Lead Civil Design
• Sam McWhorter, Quality Control/Quality Assurance
• Mark Falgout, Senior Engineer
• Taylor Thorig, Staff Engineer
DocuSign Envelope ID: F5C77378-4B1A-4455-8A1D-26EFFC91B241 City Council/RSA Agenda 108 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AND ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UNION

CITY AND THE UNION CITY POLICE OFFICERS ASSOCIATION (POA),

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

MEMORANDUM OF UNDERSTANDING, AND APPROVING AN

AMENDMENT TO THE CITY'S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Staff recommends that the City Council adopt the attached resolution approving the successor Memorandum of Understanding (the Successor MOU) between the City of Union City and the Union City Police Officers’ Association (POA) for the period of January 1, 2022 through December 31, 2024, and authorize the City Manager to execute the Successor MOU on behalf of the City.

STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to retain talented staff and to provide an attractive recruiting environment.

BACKGROUND
The City and POA are parties to an existing MOU, with POA covering the period of July 1, 2019 through December 31, 2021 (the Existing MOU). In advance of the expiration of the Existing MOU, staff and POA have been negotiating in good faith for the Successor MOU since September 2021. Both parties have reached a tentative agreement on matters related to wages, hours, and other terms and conditions of employment, consistent with authority provided by the City Council, as reflected in the Successor MOU.

DISCUSSION
City Council/RSA Agenda 109 Tuesday, January 25, 2022
The Existing MOU expired on December 31, 2021. The POA membership ratified the Successor MOU on January 5, 2022. The Successor MOU does not become effective untilapproved by the City Council, The main points of the Successor MOU are as follows:

Section 1.8 Release Time
Replaces current POA Release Time donations bank with the City providing a maximum of 160 hours per fiscal year to the POA Release Time Bank.

Section 2.1 Salary
Cost of Living Adjustments:
· 3% effective the first full pay period following January 1, 2022; · 3% effective the first full pay period following January 1, 2023; and · 3% effective the first full pay period following January 1, 2024.

The City shallconcurrently eliminate the first two steps of the Police Sergeant salary schedule.

Market Equity Adjustments: For sworn represented classifications, provides market equity adjustments (based on the benchmark classification of Police Officer) effective each year in the first full pay period following January 1, 2022, January 1, 2023, and January 1, 2024. The amount of each year’s equity adjustment shall be determined by the percentage increase required to bring the Police Officer classification to one percent above the market median for the Police Officer benchmark based upon the survey methodology identified in the Successor MOU and shall not exceed four percent (4%) in any year for any classification.

For non-sworn represented classifications, provides market equity adjustments (based on the benchmark classification of Records Clerk, which is equivalent to the Union City classification of Police Office Assistant) effective each year in the first full pay period following January 1, 2022, January 1, 2023, and January 1, 2024. The amount of each year’s equity adjustment shall be determined by the percentage increase required to bring the Police Office Assistant classification to one percent above the market median for the Records Clerk benchmark based upon the survey methodology identified in the Successor MOU and shall not exceed two percent (2%) in any year for any classification.

Section 2.11 Specialty Pay
A. Detective/Investigation Premium

1. The Sergeant assigned to the Professional Standards Unit will receive a 5% pay premium.

2. Bargaining unit members placed in a semi-permanent assignment in the Investigations Section will receive an additional 2.5% pay premium, for a total of 7.5% of their base salary.

B. Traffic/Motors Premium
Bargaining unit members placed in a semi-permanent assignment in the Traffic Unit will receive an additional 2.5% pay premium, for a total of 7.5% of their base salary. .

Section 2.3 Salary Step Schedule
Adds language to define schedule of salary steps consistent with other bargaining units.

Sections 4.1 Sick Leave Allowance and 4.2 Sick Leave Utilization Includes language to provide that sick leave utilized for the birth or adoption of a child, including but City Council/RSA Agenda 110 Tuesday, January 25, 2022
not limited to bonding leave, will not be counted toward the limitations on sick leave use for purposes of determining eligibility for converting sick leave to vacation.

Section 4.9 Holidays
Increases holiday leave from 116 hours to 126 hours to be consistent with other bargaining units.

Section 4.10 Vacation
Increases the vacation accrual rate for employees with 9-12 years of service from 5.23 hours to 5.38 hours per pay period (140 hours annually) to be consistent with other bargaining units.

Includes an annual vacation sellback opportunity of up to 80 hours.

Section 6.1 Uniform Allowance
Increases the annual uniform allowance as follows:

Sworn From $1,025.00 to $1,250.00
Community Service Aide From $925.00 to $1,000.00
Public Services Officer From $925.00 to $1,000.00
All Other Non-Sworn From $825.00 to $1,000.00

FISCAL IMPACT
The Successor MOU is projected to cost the General Fund an additional $993,000 annually over the life of the contract.

RECOMMENDATION
Staff recommends that the City Counciladopt the resolution approving the Successor MOU with the POA for the period of January 1, 2022 through December 31, 2024, authorize the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.

Prepared by:

Lilybell Nakamura, Chief Human Resources Officer
Submitted by:

Lilybell Nakamura, Chief Human Resources Officer
ATTACHMENTS:

Description Type
UCPOA MOURESO2022 Resolution
UCPOA MOUJan 2022 to Dec 2024 - finalwith tracked changes Attachment UCPOA MOUJan 2022 to Dec 2024 - finalclean Attachment
City Council/RSA Agenda 111 Tuesday, January 25, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AND ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF UNION CITY AND THE UNION CITY POLICE
OFFICERS’ ASSOCIATION, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE MEMORANDUM OF

UNDERSTANDING AND APPROVING AN AMENDMENT TO
THE CITY’S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Union City Police Officers’ Association (“POA”) expired on December 31, 2021; and
WHEREAS, the City and POA entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Union City Municipal Code, the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of POA on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and POA have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the membership of POA ratified the agreement as of January 5, 2022; and
WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and adopts the MOU for POA, effective January 22, 2022 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that if any provisions related to the MOU contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail.

City Council/RSA Agenda 112 Tuesday, January 25, 2022
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective January 1, 2022. 5040516.1
City Council/RSA Agenda 113 Tuesday, January 25, 2022

CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING UNION CITY POLICE OFFICERS'

ASSOCIATION
July 1, 2019, to December 31. 2021January 1, 2022
to December 31, 2024
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Table of Contents
PREAMBLE................................................................................................................................................................. 5 SECTION 1.00 GENERAL PROVISIONS .............................................................................................................. 5

1.1 CITY RIGHTS...................................................................................................................................................... 5

1.2 RECOGNITION................................................................................................................................................... 5

1.3 ASSOCIATION RIGHTS.................................................................................................................................... 5

1.4 NON-DISCRIMINATION.................................................................................................................................... 5

1.5 UNION ACCESS TO ORIENTATION AND PAY ROLL DEDUCTIONS ..............................................66

1.6 INDEMNIFICATION AND HOLD HARMLESS.....................................................................................66

1.7 USE OF FACILITIES ............................................................................................................................77

1.8 RELEASE TIME....................................................................................................................................77 SECTION 2.00 COMPENSATION ..............................................................................................................88

2.1 SALARY................................................................................................................................................88

2.2 WORKING IN A HIGHER CLASSIFICATION (ACTING PAY).............................................................98

2.3 [LEAVE OPENSALARY STEP SCHEDULE] .....................................................................................109

2.4 MINIMUM COURT TIME ....................................................................................................................109

2.5 OVERTIME.......................................................................................................................................1210

2.6 MINIMUM CALL BACK.....................................................................................................................1311

2.7 EARLY CALL IN ...............................................................................................................................1311

2.8 MINIMUM CALL IN...........................................................................................................................1311

2.9 MEAL ALLOWANCE ........................................................................................................................1311

2.10 CANINE HANDLER DIFFERENTIAL .............................................................................................1311

2.11 SPECIALTY PAY............................................................................................................................1412

2.12 BILINGUAL COMPENSATION.......................................................................................................1613

2.13 LONGEVITY PAY...........................................................................................................................1714

2.14 CRIME SCENE TECHNICIAN ON-CALL COMPENSATION.........................................................1714

2.15 AUTOMATIC PAYROLL DEPOSIT................................................................................................1714 SECTION 3.00 RETIREMENT BENEFITS..............................................................................................1714 Formatted: Font: (Default) Arial, Check spelling and
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3.1 SWORN CLASSIC MEMBERS ........................................................................................................1714

3.2 NON-SWORN CLASSIC MEMBERS...............................................................................................1815

3.3 "NEW MEMBERS" AS DEFINED IN PUBLIC EMPLOYEE PENSION REFORM ACT (PEPRA): ..1916

3.4 FOR ALL ASSOCIATION MEMBERS.............................................................................................1916 SECTION 4.00 LEAVE ADMINISTRATION ............................................................................................1916

4.1 SICK LEAVE ALLOWANCE .............................................................................................................1916

4.2 SICK LEAVE UTILIZATION..............................................................................................................2017

4.3 SICK LEAVE NOTIVCE AND CERTIFICATION ..............................................................................2118

4.4 OCCUPATIONAL INJURY LEAVE...................................................................................................2118

4.5 OCCUPATIONAL INJURYI ILLNESS MEDICAL APPOINTMENT ..................................................2118

4.6 PERSONAL LEAVE..........................................................................................................................2219

4.7 LEAVE OF ABSENCE......................................................................................................................2320

4.8 BEREAVEMENT LEAVE..................................................................................................................2320

4.9 HOLIDAYS.......................................................................................................................................2421

4.10 VACATION......................................................................................................................................2623

4.11 JURY DUTY....................................................................................................................................2724

4.12 WATCH SWAPS.............................................................................................................................2724

4.13 MILITARY LEAVE...........................................................................................................................2825 SECTION 5.00 HEALTH AND WELFARE BENEFITS............................................................................2825

5.1 HEALTH PLAN .................................................................................................................................2825

5.2 LIFE INSURANCE............................................................................................................................2825

5.3 DISABILITY INSURANCE................................................................................................................2825

5.4 SPOUSAL/ALTERNATE COVERAGE.............................................................................................2825

5.5 RETIREE MEDICAL PLAN...............................................................................................................2925

5.6 DOMESTIC PARTNERS ..................................................................................................................3027 SECTION 6.00 UNIFORMS.....................................................................................................................3127

6.1 Uniform Allowance............................................................................................................................3127 SECTION 7.00 MISCELLANEOUS PROVISIONS .................................................................................3128

7.1 ELIMINATION OF OVERLAPPING RANGES .................................................................................3128 Formatted: Font: (Default) Arial, Check spelling and
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7.2 PROFESSIONAL ACHIEVEMENT PROGRAM........................................................................................ 3128

7.3 LAYOFF PROCEDURE............................................................................................................................... 3229

7.4 WORK SCHEDULE & SHIFT SELECTION.............................................................................................. 3431

7.5 POLICE OFFICER RECRUIT..................................................................................................................... 3431

7.6 [LEAVE OPEN].................................................................................................................................3531 SECTION 8.00 GRIEVANCE PROCEDURE ................................................................................................... 3532

8.1 PURPOSE ..................................................................................................................................................... 3532

8.2 GRIEVANCE DEFINITION.......................................................................................................................... 3532

8.3 PROCEDURE FOR GRIEVANCES........................................................................................................... 3532 SECTION 9.00 DISCIPLINE............................................................................................................................... 3734

9.1 DISCIPLINARY INVESTIGATIONS........................................................................................................... 3734

9.2 STANDARD DISCIPLINARY APPEAL PROCEDURE ........................................................................... 3734

9.3 MAJOR DISCIPLINARY APPEAL PROCEDURE ................................................................................... 3835

9.4 EXCLUSIONS/LIMITATIONS ..................................................................................................................... 3936

9.5 CONDUCT OF HEARING:.......................................................................................................................... 3936

9.6 TIME LIMITS: ................................................................................................................................................ 3936

9.7 WITNESSES: ................................................................................................................................................ 3936 SECTION 10.00 SEPARABILITY ...................................................................................................................... 4037 SECTION 11.00 COMPLETION OF NEGOTIATIONS................................................................................... 4037 SECTION 12.00 REOPENER ............................................................................................................................ 4037 SECTION 13.00 DURATION.............................................................................................................................. 4138 Appendix 1............................................................................................................................................................. 4440 Field Code Changed
City Council/RSA Agenda 117 Tuesday, January 25, 2022
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UNION CITY AND THE

UNION CITY POLICE OFFICERS' ASSOCIATION

PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Officers' Association entered into this Memorandum of Understanding ("Memorandum of Understanding" or "Agreement"). This Memorandum of Understanding constitutes the full and complete agreement between the parties on all items falling within the scope of representation. The provisions set forth herein supersede previous memoranda between the City and Association and shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum of Understanding.

SECTION 1.00 GENERAL PROVISIONS

1.1 1.1 CITY RIGHTS
Except as specifically restricted by an express provision of this Agreement, the City retains all management rights and prerogatives. Neither these rights nor their exercise shall be subject to the grievance or arbitration mechanisms of this Agreement.

1.2 RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of: Police Officer Recruit II, Police Officer, Police Sergeant, Police Office Assistant, Police Department Office Coordinator, Community Resources Coordinator, Property and Evidence Specialist, Community Service Aide, Public Services Officer I, Public Services Officer II, Property and Evidence Supervisor, Records Supervisor, Crime Analyst, and Confidential Operations Assistant and Personnel and Training Supervisor.

1.3 ASSOCIATION RIGHTS
The City recognizes the right of the Association to police this Agreement, assist its members in resolution of grievances, and participate in the negotiation of this and future Agreements. In recognizing these rights, the City shall provide reasonable time for the negotiating of this and future memoranda. For the purposes of the Memorandum of Understanding, reasonable time shall be that time that is agreed upon between authorized bargaining representatives and their Division Commander, or in their absence, any other available Division Commander. Such time shall be negotiated and agreed upon prior to its use. If agreement cannot be reached the Chief of Police shall decide the issue. No other Association business shall be conducted on City time by any employee of the Police Department without prior approval of the Chief of Police.

Members of the Executive Board of the Union City Police Officers' Association may be allowed to utilize personal leave to attend bona fide union membership meetings provided the employee submits a request for time-off in advance. The Association and its designated legal representative have a right of access to members. The City shall, with prior approval, provide adequate space and access to Association members or a designated legal representative. The City shall not provide access to copy machines, telephones or other equipment that is the sole possession of the City of Union City without prior approval from the Chief of Police.

1.4 NON-DISCRIMINATION
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of race, color, creed, religion, sex, sexual orientation, age, national origin, political affiliation, physical or mental disability, medical condition, or for union activity, to the extent prohibited by applicable state and federal law.

1.5 UNION ACCESS TO ORIENTATION AND PAY ROLL DEDUCTIONS All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter "payroll deductions") as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association. The Association shall certify to the City the amount of such payroll deductions to be deducted.

NEW EMPLOYEE ORIENTATION
The City shall provide the Association with two (2) weeks advance notice of the start date of any new hire to a represented classification. The City shall provide the Association with an exclusive thirty (30) minutes meeting with any new employee or group of employees covered by this MOU, during the employee orientation (i.e., the first two (2) days of employment). The specific date, time, and location of the thirty (30) minutes union meeting with new employees will be coordinated by the Chief of Police (or his/hertheir designee) and the President of the Association.

PAYROLL DEDUCTIONS/AUTHORIZATIONS
The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Association, or pursuant to an authorization form tendered to the City by either the Association or the employee. All sums deducted by the City shall be remitted to the Association in an expedient manner and at the intervals requested by the Association together with a list of names of each employee for whom a deduction was made.

The City will implement any change to an employee's payroll deductions in the first full pay period following notification of such change by the Association.

If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

1.6 INDEMNIFICATION AND HOLD HARMLESS
The Association shall hold the City harmless and shall fully and promptly reimburse the City for reasonable legal fees and costs incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the City or any of its agents by an employee in a represented classification in connection with the administration or enforcement of this section of the agreement. Such reimbursement shall include costs and attorney's fees incurred by the City.

Upon notice that the City is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the City regarding the reasonableness and merit of any claim, demand, suit, or action for which the City seeks indemnification, and shall attempt to agree whether any such action listed above in "(A)" shall be compromised, resisted, defended, tried, or appealed.

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Determining whether or not such action shall be compromised, resisted, defended, tried, or appealed, the City will defer to the Association's interest if the City does not have a distinct and separate legal interest in the matter in dispute.

The City shall not be entitled to be reimbursed for any fees, costs, charges, or penalties for which the Association was not properly notified and provided the opportunity to discuss as set forth herein; nor will the City be entitled to any such reimbursement when the City's efforts in defending against such action would be duplicative, or when the City is defending a separate and distinct legal interest or when the City is defending an activity which is arguably subject to criminal liability on the part of any City administrator.

1.7 USE OF FACILITIES
The City shall provide reasonable space on bulletin boards for Association business. The Association President or designee shall be responsible for maintenance of Association postings. Furthermore, the City shall reasonably make available conference rooms or other meeting areas to the Association at no cost to the Association for the purpose of conducting general membership meetings during City non-business hours, except under unusual circumstances. Requests for the use of such facilities must follow established procedures and must be made to the appropriate City representative.

1.8 RELEASE TIME
POA Bargaining Team Members
All on-duty POA personnel who are active members of the Associations' Bargaining Team are entitled to two hours (2) of adjusted time off as preparation time immediately preceding any regularly scheduled bargaining meeting.

Any Association Bargaining Team member who is on a regularly scheduled day off on the day of the bargaining meeting shall be compensated at a rate of time-and- one-half the employee's regular hourly rate to attend the bargaining meeting between the Association and the City. Team members who are on their regularly scheduled day off will not be compensated for the two (2) hour preparation time.

The Association Bargaining Team shall have no more than seven (7) members. The Association may replace Bargaining Team members who are unable to continue as designated Bargaining Team Members; however, the Association's Team membership eligible for compensation under this section shall not exceed seven (7) members.

POA Release Time Bank
The City and the POA agree to establish and maintain a "Release Time Bank" for use by POA members to conduct and/or attend essential union activities including, but not limited to, conventions, professional association meetings, training classes, and symposia, and excluding political activity, fund raisers, and recreational activities. For purposes of this section, political activity shall not include meetings with individual City Council members or attending City Council meetings. Th City shall provide a maximum of 160 hours per fiscal year to the POA Release Time Bank. The POA President or his designee shall have sole discretion as to the use of the time bank.

The City agrees to establish a non-cumulative "POA Release Time Bank" Prior to July 1st, the POA will provide the Administrative Services Director with a list of time donated by POA members to be credited to the "POA Release Time Bank" to a maximum balance of two hundred (200) hours per fiscal year. Time banks available for donation by POA Formatted: Right: 0.1", Line spacing: Multiple 1.05 li
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members to the time bank is limited to accrued vacation and compensatory time banks. If on July 1st of each subsequent year, fewer than two hundred (200) hours have been utilized from the time banks for the previous fiscal year, the POA shall notify the Administrative Services Director of those individuals donating vacation time or compensatory time to raise the time banks to the agreed two hundred (200) hour balance.

Requests to use accrued time from the "POA Release Time Bank" shall be made to the affected Division Commander as soon as possible but no later than twenty-four (24) hours in advance of the proposed use. The Division Commander will deny any requests that cause overtime to be generated. The POA may appeal the decision of a Division Commander to the Chief of Police who may authorize the utilization of overtime on a nonprecedent setting case by case basis.

SECTION 2.00 COMPENSATION

2.1 SALARY
A. Cost of Living Adjustments
Effective the first full pay period following January 1, 2022 July July 1, 2019, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).3.0%. The City shall concurrently eliminate the first two steps of the Police Sergeant salary schedule.

Effective July 1, 2019, the City will provide each represented sworn classification of the bargaining unit a 2.5% salary increase due to the elimination of the 2.5% longevity benefit contained in Section 13. Longevity Pay of this MOU.

Effective the first full pay period following January 1, 2023 January 1, 2020, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%). 3.0%.

Effective the first full pay period of January 1, 2024 January 1, 2021, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).3.0%.

B. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide each sworn represented classification with a market equity adjustment increase based on the benchmark classification of Police Officer. The amount of the equity adjustment for all sworn represented classifications shall be determined by the percentage increase required to bring the Police Officer classification to one percent above the market median for the Police Officer benchmark based upon the survey methodology set forth in Appendix 1. The market equity adjustment shall not exceed four percent (4%) in any year for any classification.

Effective the first full pay period following January 1st of each year of this agreement, the City will provide each non-sworn represented classification with a market equity adjustment based on the benchmark classification of Records Clerk (equivalent to the Union City classification known as Police Office Assistant). The amount of the equity adjustment for all non-sworn represented classifications shall be determined by the percentage increase required to bring the Police Office Assistant classification to one percent above the market median City Council/RSA Agenda 121 Tuesday, January 25, 2022
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for the Records Clerk benchmark based upon the survey methodology set forth in Appendix 1. The market equity adjustment shall not exceed two percent (2%) in any year for any classification.

2.2 WORKING IN A HIGHER CLASSIFICATION (ACTING PAY)
A. Temporary Upgrade Premium
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification when (1) a vacancy in that higher classification exists; (2) the City is actively seeking to fill the vacancy on a permanent basis: and (3) the employee hasve been assigned and worked for a period of one full shift (non-cumulative), shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary. The employee must initiate appropriate departmental documentation and submit such documentation through the chain of command.

B. Acting Out of Class Premium
During an absence of a week or more of a Sergeant which cannot be covered by another Sergeant the Chief of Police may appoint an Acting Sergeant to replace the Sergeant during the absence. The designated employee shall be paid five percent (5%) above his/hertheir regular base salary. Such appointments should be for a minimum of thirty-seven (37) hours. The designated employee must assume the actual patrol supervisor schedule of the absent Sergeant. Work assignments of unit members shall not be changed for the sole purpose of evading the acting pay requirements.

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2.3 SALARY STEP SCHEDULE [LEAVE OPEN]
Salary Step increases shall be implemented in the following manner:

A. An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs.

B. An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.

2.4 MINIMUM COURT TIME
A bargaining unit employee who is required to attend court during off-duty time in response to a valid subpoena received as a result of their City employment shall be paid a minimum of four (4) hours at time-and-one-half their regular rate of pay for their classification. The following conditions and exceptions shall apply:

B. A. An employee may receive a minimum court time allowance of four (4) hours of overtime pay only once in any day. The four (4) hour minimum will be paid only for the first appearance of the day.

C.B. An employee shall not be paid for a lunch period of one (1) hour or less when courts take an actual luncheon recess.

D.C. An employee who has received the minimum court time pay of four (4) hours at the overtime rate for their first appearance shall be entitled to a minimum pay of one (1) hour at the overtime rate for their second appearance on the same day.

E.D. An employee subpoenaed to court one-and-one-half (I 1/2) hours or less after the end of a regularly scheduled shift shall extend their previous shift to make their court appearance. The four (4) hour minimum shall not apply.

F.E. An employee subpoenaed to court four (4) hours or less before the beginning of a regularly scheduled shift shall extend the beginning of their upcoming shift to the time they are subpoenaed to appear in court. The four (4) hour minimum shall not apply.

G. To be entitled to compensation under this section, employees in an off-duty status at the time of the scheduled court appearance shall confirm with the police department subpoena clerk on or before 1700 hours (5:00 p.m.) on the court day preceding the scheduled court date to determine if an appearance is required. If the court appearance is canceled after it has been confirmed by the police department subpoena clerk and the employee reports for court, then compensation will be authorized. If the employee fails to contact the police department subpoena clerk but reports for court and the appearance has not been canceled compensation will be authorized. However, if the employee does not contact the police department subpoena clerk but reports for court and the police department subpoena clerk had been notified of the cancellation the employee Formatted: Body Text, Justified, Indent: Left: 1.07",
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will not be compensated.

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F.

2.5 2.5 2.5 OVERTIME
A. Overtime
All time worked beyond the employee's normal schedule or shift shall be compensated at time and-one-half the employee's regular rate or accumulated as compensatory time off at time-and-one-half the employee's regular rate pursuant to current regulations and the agreements contained herein. Employees will receive overtime pay for overtime worked when the relevant compensatory time bank is full.

Overtime compensation shall be computed to the nearest minute.

Overtime pay for scheduled overtime assignments shall commence at the time an employee is instructed to report and end upon completion of the assignment. At the discretion of the Chief of Police, or his or her designee, overtime work may be assigned twenty-four (24) hours in advance of commencement of the assignment.

For sworn employees, the Fair Labor Standards Act (FLSA) overtime is hours actuallyh1ally worked in excess of one hundred seventy-one (171) hours in a twenty-eight (28) day designated work period. For all other employees, FLSA overtime is hours actually worked in excess of forty (40) hours in a seven (7) day designated work period. All other hours qualifying for overtime under the first paragraph of this section shall be considered non-- FLSA overtime.

B. Compensatory Time Off
Employees may accrue up to a maximum of 200 hours of CTO. Employees who had accrued more than a total of 200 hours of non-FLSA and FLSA CTO prior to adoption of this MOU shall be permitted to retain their CTO balances but may not accrue further CTO until their balance falls below 200 hours.

CTO shall be granted in accordance with current time off practice taking into account, but not limited to, staffing minimums and workload. CTO requests shall not be granted during the time of natural disasters, labor disputes, scheduled community events, Continuing Professional Training classes or other similar occurrences demanding additional personnel, or during New Year’s Eve, New Year's Day, Fourth of July, Thanksgiving Day, Christmas Eve, and Christmas Day as the granting of time in these instances would be unduly disruptive to the functioning of the Department and services provided to the community.

Employees are encouraged to make requests to use CTO as far as possible in advance of the date(s) the employee wish to use their CTO.

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2.6 MINIMUM CALL BACK
A call back occurs when a bargaining unit employee has completed an assigned shift, has left the employee's duty station, and is then required to return to work. Under these circumstances, the employee shall be paid a minimum of three (3) hours at time-and-onehalf the employee's regular rate for being required to return to work, unless the employee is required to return to work to rectify the employee's own error. For purposes of recording time, the call back begins at the time the employee is notified of the requirement to return to work. An employee who is required to return to work to rectify their own error shall be paid at time-and-one- half the employee's regular hourly rate from the time of arrival at the duty station to the time the error has been corrected.

2.7 EARLY CALL IN
An early call in occurs when an employee is required to appear early for their regularly scheduled shift. When an employee is required to report to their duty station for a regularly scheduled shift prior to that shift's assigned report time, the employee shall be paid at time-and-one-half the employee's regular hourly rate from the time of arrival at the duty station to the beginning of their regularly scheduled shift.

2.8 MINIMUM CALL IN
A call in occurs when an employee, while on a regular day(s) off, on vacation, or on some other form of elective time off, is required to report to work at a time that is not otherwise considered to be either "Call Back" or "Early Call In." In these situations, an employee shall be paid a minimum of two (2) hours at time-and-one- half the employee's regular hourly rate from the time they arrive at their duty station.

2.9 MEAL ALLOWANCE
A meal allowance of ten dollars ($10.00) shall be paid to an employee who works two (2) or more hours immediately following a regular shift and for each four (4) hours thereafter.

No receipts shall be required.

No meal allowance will be paid if the City provides a meal for the employee(s). However, employees shall be entitled to a meal allowance, even if the City provides a meal, if the employees work assignment/duty station or duties being performed, render them unable to respond to the location of the meal or have it delivered to them.

2.10 CANINE HANDLER DIFFERENTIAL
All canine handlers shall be compensated for time spent training and caring for their assigned canine and associated travel, including but not limited to travel time to and from training, at the rate of seven and one-half percent (7.5%) of base salary.

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Based upon experience of canine handlers represented by the Association, it is estimated that canine handlers work approximately one hundred and fifty-six (156) hours per year performing such work outside of their regularly scheduled shifts. The parties agree that this compensation conforms with the provisions of Leever v. Carson City, 360 F.3d 1014, 1017 (9th Cir. 2004) as they pertain to the compensation of canine handlers.

Canine handlers attending the Department's mandatory training scheduled the second and fourth Tuesday of each month shall be compensated for the 3-hours of training when they attend on Off-Duty time. The compensation is for the hours actually spent training and does not include travel to and from the training location.

2.11 SPECIALTY PAY
The following "specialty pay" premiums shall be deemed to be within the discretion of the Chief in the sense that this additional pay shall be contingent on the bargaining unit member performing their his/her duties at an "At Standard" performance level or better.

Bargaining unit members not performing at an “At Standard" performance level or better acknowledge that a transfer from the section, and subsequent loss of pay, is a management right and is not punitive in nature. As such the bargaining unit members agree that assignment to, and transfer from, the section, is wholly at the discretion of the Chief of Police and not subject to any form of administrative appeal.

A. Detective/Investigations Premium

1. Professional Standards Unit (PSU)
The Sergeant assigned to the Professional Standards Unit shall receive a five percent (5%) investigations premium for the term of their assignment.

The PSU Sergeant shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day unless the PSU Sergeant has provided prior notification they will be unavailable.

2. Investigations
The City will compensate each sworn bargaining unit member assigned to the Investigations Section, including those sworn bargaining unit members assigned to Special Services Unit (SSU), five percent (5%) of their base salary while assigned to the Investigations Section. Bargaining unit members placed in a semi-permanent assignment in the Investigations Section shall receive an additional two and one-half percent (2.5%) premium for a total of seven and one-half percent (7.5%) of their base salary.

The Sergeant assigned to the Professional Standards Unit shall receive a five percent (5%) investigations premium for the term of their assignment.

This specialty pay will not apply to sworn bargaining unit members temporarily assigned to the section by virtue of, but not limited to, modified duty assignments, short term special needs assignments, etc.

In consideration of specialty pay one (1) detective assigned to the Investigations Section per week will be designated and serve as the 'On- call" detective. The detective so designated shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day for a consecutive seven (7) day period. The City should provide on-call detectives Formatted: Font: Italic
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with a City vehicle for use in the course and scope of his duties during the oncall period. The Investigations Section Sergeant will be responsible for scheduling the on-call detective.

The on-call detective will carry a department-issued cell phone and will respond to calls and callouts during the entire designated period. Failure City Council/RSA Agenda 128 Tuesday, January 25, 2022
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to respond to calls and or callouts will result in no specialty compensation for the indicated call-out period.

This compensation agreement will be monitored weekly and reviewed every six months for compliance and effectiveness.

B. Traffic/Motors Premium
The City will compensate each sworn bargaining unit member assigned to the Traffic Unit five percent (5.0%) of their base salary while assigned. Bargaining unit members placed in a semi-permanent assignment in the Traffic Unit shall receive an additional two and one-half percent (2.5%) premium for a total of seven and one-half percent (7.5%) of their base salary.

In consideration of specialty pay, one (1) employee assigned to the Traffic Unit per week will be designated and serve as the "on-call" traffic investigator. The employee so designated shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day for a consecutive seven (7) day period. The Traffic Unit Sergeant will be responsible for scheduling the oncall traffic investigator.

C. Training Officer Premium
The City will compensate each sworn bargaining unit member assigned to the full time Field Training Program seven and one-half percent (7.5%) of their his/her base salary. Temporary/ Reserve Field Training Officers (FTO) will be compensated seven and on-half percent (7.5%) only when assigned to a trainee.

Full-time FTOs will be used in the Acting Sergeant capacity to work vacant supervisory shifts. Full-time FTOs are not eligible for an additional 5% acting out of class premium pay when working in an Acting Sergeant capacity. Employees in other assignments that receive specialty pay shall only receive a total of seven and one-half percent (7.5%) specialty pay premium when assigned to a trainee.

2.12 BILINGUAL COMPENSATION
The City will compensate each bilingual Association member forty-six dollars and 15 cents ($46.15) per pay period. All employees requesting compensation under this agreement must pass a City test. The test will examine the employee's ability to converse fluently in a language other than English. No additional compensation will be paid to employees fluent in more than one language.

Compensated employees agree to utilize their bilingual skills whenever called upon.

This compensation agreement will be reviewed every six (6) months for compliance and effectiveness. The City reserves the right to revoke this agreement at any time for noncompliance or for organizational effectiveness and efficiency.

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2.13 LONGEVITY PAY
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion of their nineteenth year of permanent full-time service with the City of Union City. Employees with a break in service from Union City will receive credit for their prior bargaining unit employment with Union City in calculating longevity. Parttime employment or employees working in designated part-time positions or in positions not represented by the bargaining unit do not apply. All credited time must be as a permanent, full time bargaining unit member employed by Union City to be eligible.

2.14 CRIME SCENE TECHNICIAN ON-CALL COMPENSATION
The City will compensate one Crime Scene Technician (CST) one hundred dollars ($100.00) per week for on-call compensation. The on-call CST agrees to be on- call and available to respond in a timely manner whenever the need for a CST exists. The on-call CST will be available for call outs twenty-four (24) hours a day for a consecutive sevenday (7) period. The Investigation Unit Sergeant will be responsible for scheduling the oncall CST. The on-call CST will be determined by a rotating schedule, which utilizes all participating CST's. CST's will be included in the on-call rotation for three years. The CST can remain on the on-call rotation if the CST agrees to a longer term and the City is in agreement.

CST's receiving the on-call compensation will carry a department-issued cell phone and will respond to calls and callouts during the entire compensated period. Failure to respond to calls and/or callouts will result in no compensation for the indicated call-out period.

This compensation agreement will be monitored weekly and reviewed every six months for compliance and effectiveness.

2.15 AUTOMATIC PAYROLL DEPOSIT
Payroll payments shall be deposited through the Automated Payroll Process to an account designated by the employee. Employees have the responsibility to designate an account that meets the requirements of Automated Clearing House (ACH).

SECTION 3.00 RETIREMENT BENEFITS

3.1 SWORN CLASSIC MEMBERS
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the Employer Paid Member Contributions (EPMC) on behalf of the sworn CalPERS classic members in the POA bargaining unit. These payments are equal to 9% of the member employees' reportable income and are reported to CalPERS as special compensation.

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Sworn employees hired by City prior to November 24, 2010, are provided benefits pursuant to the CalPERS 3% at 50 benefits formula described in Government Code Section 21362.2, using the single highest year as the final compensation period.

Sworn employees hired on or after November 24, 2010, are provided benefits pursuant to the CalPERS 3% at 55 formula described in Government Code Section 21363.1, using a three-year final compensation period.

Beginning in 2011, the Parties agreed that sworn members would begin providing the City with pre-tax cost sharing payments to cover portions of the City's portion of the pension costs. The historical cost sharing payments made by sworn POA members are as follows:
• Effective July 1, 2011, 1 .0%
• Effective the payroll period including January 1, 2013, 5.0% • Effective June 30, 2013, 9.0%
• Effective July 1, 2015, 10.5%
• Effective July 1,2016, 12%
The City continues to pay the full 9% EPMC and reports the value to CalPERS for all classic sworn members.

3.2 NON-SWORN CLASSIC MEMBERS
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the Employer Paid Member Contributions (EPMC) on behalf of the nonsworn CalPERS classic members in the POA bargaining unit. These payments are equal to 7% (Classic Tier 2) or 8% (Classic Tier 1) of the member employees' reportable income and are reported as special compensation to CalPERS.

Tier 1: Non-Sworn employees hired by City prior to November 24, 2010, are provided benefits pursuant to the CalPERS 2.5% at 55 benefits fo1mula, using the single highest year as the final compensation period.

Beginning in 2006, the Parties agreed that non-sworn Tier 1 members would begin providing the City with pre-tax cost sharing payments to cover portions of the City's portion of the pension costs. The historical cost sharing payments made by the Tier 1non-sworn POA classic members are as follows:
• Effective July 1, 2006, 3.5%
• Effective October 18, 2010, 4.5%
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•
Tier 2: Non-Sworn employees hired after November 24, 2010, are provided benefits pursuant to the CalPERS 2% at 60 formula, using a three-year final compensation period.

These employees provide cost sharing payments at the rate of 7% to cover part of the City's portion of CalPERS contributions.

The City continues to pay and report to CalPERS the full EPMC (8% for Tier 1 and 7% for Tier 2) for all non-sworn classic members.

3.3 "NEW MEMBERS" AS DEFINED IN PUBLIC EMPLOYEE PENSION REFORM ACT (PEPRA):

The retirement plan formulas and employee contributions for "new members" shall be those established by AB 340 (2.7%@57 for sworn personnel; 2.5%@67 for miscellaneous/non-sworn personnel). All new members will contribute 50% of the normal cost of their respective benefits as determined by CalPERS on a pre-tax basis. In the event that the sworn classic employee contributions provided herein, above, exceed the contribution required for sworn "new members" pursuant to PEPRA. Sworn "new members" shall contribute an additional amount to provide equal contributions for all sworn personnel.

3.4 FOR ALL ASSOCIATION MEMBERS
The City agrees to continue its contract with PERS to allow for the following optional benefits: Credit For Unused Sick Leave (Government Code Section 20965); 1959 Survivor Benefit, Level 1; Military Service Credit As Public Service, with the eligible employee required to contribute both the employer's and employee's contributions and interest (Government Code Section 21024); Improved Non-Industrial Disability Allowance (Government Code Section 21427); Pre-Retirement Optional Settlement 2 Death Benefit (Government Code Section 21548); and Death Benefit -Remarriage (Government Code Section 21551).

SECTION 4.00 LEAVE ADMINISTRATION

4.1 SICK LEAVE ALLOWANCE
Employees shall earn 3.69 hours per pay period of sick leave without limit on accumulation. Employees or new hires who are absent without pay for any reason for more than thirty-seven (37) hours during a pay period do not earn sick leave benefits for that pay period. Employees shall have sick leave absence deducted in hourly increments.

Sick leave shall be taken in periods of no less than one hour.

Recognizing that newly hired employees may experience either personal or family illness that may be sufficiently severe to prevent their coming to work, the Chief of Police has the discretion to take such administrative measures as the Chief of Police deems appropriate to prevent the employee from suffering a loss of compensation. Each incident shall be evaluated on its own merits on a case-by-case basis, and any action taken by the Chief of Police shall be non-precedent-setting.

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A bargaining unit employee may convert thirty-seven (37) hours of the employee's accrued sick leave to vacation provided that the employee has four hundred (400) or more hours of accrued sick leave and used twelve and one half (12.5) or less hours of sick leave during the fiscal year. A bargaining unit employee may convert twenty-five (25) hours of the employee's accrued sick leave to vacation provided that the employee has four hundred (400) or more hours of accrued sick leave and used more than twelve and one half (12.5) but less than twenty-five (25) hours of sick leave during the fiscal year A request to convert sick leave to vacation based on sick leave usage in the previous fiscal year must be made by the employee on or between July 1, and July 31, of the fiscal year immediately following the fiscal year for which the employee is seeking transfer of time on a form provided by the Finance Department. For purposes of this paragraph, sick leave utilized for the birth or adoption of a child, including but not limited to bonding leave, shall not be counted toward the limitations on sick leave use for purposes of determining eligibility for converting sick leave to vacation.

4.2 SICK LEAVE UTILIZATION
Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, or sickness or injury in the immediate family, if the immediate family member lives in the same household as the employee. Immediate family means mother, father, sister, brother, spouse, child, grandparent, grandchild, father- in-law, mother-in-law, brother-inlaw, sister-in-law, son-in-law, daughter-in law, stepfather, stepmother, stepchild, domestic partner, or other individuals residing in the household for whom the employee has legal guardianship. The City understands that certain members of the nuclear family of the employee (children and parents of the employee) may not live full time in the same household of the employee, yet the employee may still be a primary caregiver for the individual. In these cases, and upon verification that the employee is a primary caregiver (e.g., Divorce decree, Durable Power of Attorney, etc.), the City recognizes the employee has the responsibility for care of the individual and use of sick leave would be appropriate.

Employees shall, whenever possible, make medical, dental and similar appointments outside of working hours and days. If this is not possible, sick leave or personal leave may be utilized for these purposes for a minimum of one (1) hour and up to four (4) hours (except in unusual circumstances). If the employee wishes to use personal leave for medical or dental appointments, the employee shall state that it is for a medical or a dental appointment when submitting the request for time off.

The City will apply sick leave usage according to the Federal Family Medical Leave Act and the California Family Rights Act.

Employees who have scheduled elective time off, and who has completed their last regularly scheduled work assignment prior to the scheduled elective time off, may not substitute sick leave for the scheduled elective time off.

The following will be the policy regarding the use of Sick Leave for the listed holidays:

On Thanksgiving, Christmas Eve, Christmas, New Year's Eve, New Year's day, and the 4th of July those employees, assigned to work, who believe that they are too ill to work shall be directed to respond to St. Rose Hospital, or other health care facility currently utilized by the City, to be examined by a physician in order to determine the nature of the illness and if it will affect the employees ability to report to work. A written medical report will be required.

Should an employee feel that he/she is too ill to respond to St. Rose Hospital, or other health care facility currently utilized by the City, for an examination, another employee of the Formatted: Indent: Left: 0.57", First line: 0"
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department will respond to transport the ill employee to the hospital. This will be accomplished at the convenience of the Watch Commander taking into account available resources.

The employer may elect to have the hours taken from other time banks to cover the anticipated absence of employee who requests to use sick leave for purposes expressed under this section, and who does not have any sick leave hours in their time bank.

The banks from which the employer may select time from are (in order): personal leave, holiday time, and vacation time. The employer must receive authorization from the employee before taking any comp-time hours from the employee's comp-time bank.

Effective July 1, 2012, employees who do not use any sick leave for six (6) consecutive months shall be credited with one (1) additional Floating Holiday. The number of hours for each Floating Holiday earned as a result of this section shall be the same number of hours as the employee's workday at the time the Floating Holiday was earned (e.g., an employee working a 4/10 shift shall receive a 10-hour Floating Holiday, while an employee working a 3/12 work schedule shall receive a 12.33-hour Floating Holiday). For purposes of this paragraph, sick leave utilized for the birth or adoption of a child, including but not limited to bonding leave, shall not be counted toward determining an employee’s eligibility to be awarded a floating holiday.

4.3 SICK LEAVE NOTIVCE AND CERTIFICATION
In order to achieve compensation while absent on sick leave, the employee or someone on their behalf shall notify the employee's immediate supervisor prior to the time set for reporting to work, except in unusual circumstances. When an absence is for thirty-seven (37) or more consecutive work hours, the employee must file a physician 's certificate with the employee's supervisor, stating the cause of the absence. The supervisor shall forward the certificate to the Administrative Services Director. When the absence is for thirty-seven (37) or more consecutive work hours and is due to sickness or injury in the immediate family, the employee must file a physician’s certificate stating the family member’s cause of illness with the supervisor. The supervisor shall fo1ward the certificate to the Administrative Services Director.

4.4 OCCUPATIONAL INJURY LEAVE
Employees injured while on duty shall receive worker's compensation benefits as prescribed by state law. For a non-sworn employee’s injury or disability that is covered under the state Worker's Compensation Act, the employee is entitled to additional compensation equal to the difference between the employee's regular pay and their disability compensation allowable for a total not to exceed one hundred seventy-six (176) hours per year or equal to one-half (1/2) of the amount of the employee's accumulated sick leave as of July 1 of each fiscal year. Included in the calculation of the one hundred seventy-six (176) hours granted, will be compensation for any waiting period. Following exhaustion of this benefit, the employee may utilize accumulated sick leave to the extent available to make up the difference between the employee's regular pay and their disability compensation allowance.

4.5 OCCUPATIONAL INJURYI ILLNESS MEDICAL APPOINTMENT
The parties agree that employees may use a reasonable amount of on-duty time to obtain physical therapy, or attend medication appointments as required by a medical doctor for the rehabilitation of industrial injuries, subject to the following conditions:

A. The employee shall submit a written request (UCPD#131) to the employee's Division Commander as soon as an appointment or series of appointments are City Council/RSA Agenda 134 Tuesday, January 25, 2022
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scheduled, but no less than twenty-four (24) hours in advance of the scheduled appointment in accordance with departmental procedures (emergency requests shall be reviewed by the Division Commander on a case-by-case basis).

Appointments shall be scheduled at the beginning or end of the employee's scheduled shift or modified shift, as much as possible, to minimize adverse impacts to Department operations.

B. The amount of time spent at such appointment(s) shall be reasonable and may include time spent traveling to and from the work site as well as time actually spent receiving therapy.

C. On return from the appointment(s), the employee shall submit to the employee's supervisor a completed fo1m (UCPD#131) indicating the total amount of time spent for the rehabilitation of the employee’s industrial injury.

D. All requests submitted in accordance with this procedure shall be subject to the review of Police Management, on a case-by-case basis, to determine the reasonableness of the requested time off.

The parties recognize the Police Department's needs for adequate operational coverage is of paramount consideration in the administration of this policy. The parties shall discuss specific issues and problems arising from the administration of this policy with a view for the reasonableness of the individual situations, and impact on the department's operating commitments.

4.6 PERSONAL LEAVE
Personal business activities are business activities that cannot be conducted at a time other than during the employee's workday. Personal leave shall not be used as a substitute for, or in conjunction with, vacation leave, nor shall it be used to attend social activities.

The employee must request non-emergency personal leave at least twenty-four (24) hours (one day) in advance on the form provided. In cases of emergency, the twenty-four (24) hour notification procedure may be waived by the on-duty Watch Commander or employee's immediate supervisor, provided the appropriate form is completed and the reason for the request is provided.

The City agrees that the approval of Personal Leave is not dependent upon minimum staffing levels. In addition, the City will backfill staff vacancies, which fall below minimum staffing levels, due to the approval of Personal Leave. Finally, in those rare instances where more than one employee per shift may request leave using the Personal Leave time bank, the City reserves the right to limit the number of employees off per shift for operational and safety needs.

The Association accepts that during certain times of the year a request for personal leave may raise questions as to whether the request falls within the guidelines of this policy regarding personal leave. A request by a supervisor for a further explanation does not infer that the request will be denied; and the employee should be willing to provide a reasonable explanation.

Personal Leave requests occurring between 2200-0600 will require verification for any date. In addition, employees requesting Personal Leave on Thanksgiving, Christmas Eve, New Year's Eve, Christmas Day, New Year's Day, or the 4th of July will require verification that the usage conforms to the instances enumerated in this section.

The City shall allow twenty (20) hours per year of accumulated sick leave to be used for City Council/RSA Agenda 135 Tuesday, January 25, 2022
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conducting personal business activities. In the employee's first fiscal year, an additional eight (8) hours of personal leave may be accumulated in addition to the regular twenty (20) hours allowance, increasing the personal leave allowance to twenty-eight (28) hours within the fiscal year.

In addition, employees who have accumulated a minimum of one hundred (100) hours of sick leave as of July 1 may utilize eight (8) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year. Employees who have accumulated two hundred (200) hours of sick leave as of July 1 may utilize twelve (12) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year. Personal leave hours credited under this provision are non-- cumulative. The maximum number of personal leave hours available in any fiscal year is forty (40). This maximum is available to an employee who is credited with the annual twenty (20) hours, accumulates the allowable eight (8) hours and is eligible for the additional twelve (12) hours.

Personal leave should be used judiciously and not abused to the detriment of either the Association or the City. The Association will monitor the use of personal leave and will meet quarterly with the City in an effort to identify any problems or abuses as they arise, and to work jointly with the City to alleviate any identified problem areas.

4.7 LEAVE OF ABSENCE
The City Manager, upon written request of a full time non-probationary employee may grant for the good of the service a leave of absence without pay for a maximum period of one (1) year. Leaves authorized under this Section shall include educational leave, maternity leave, and leave for any other purpose promoting the good of the service.

Permission for such leave shall be in writing and signed by the City Manager. Upon expiration of such leave, the employee shall be reinstated to the position held at the time the leave was granted. Failure of the employee to report promptly at the expiration of the leave or within a reasonable time after notice to return to duty shall terminate the employee's right to be reinstated.

4.8 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed forty (40) hours upon the death of a member of the employee's immediate family. Immediate family is defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepchild, domestic partner, or other individuals residing in the household for whom the employee has legal guardianship. Employees shall be granted up to one workday’s bereavement leave to attend the funeral of a close relative not in the employee's immediate family (for example, aunts or uncles).

Employees shall also be granted time off to attend the funerals of fellow employees consistent with operating requirements.

Bargaining units’ members agree that the intent of this section is to allow time for the bargaining unit member, upon the death of an immediate family member as defined above, to deal with issues associated with the death (e.g., Attend the service/memorial, handle legal matters associated with the death, clean out belongings of the individual, etc.).

To be eligible for the paid bereavement leave the employee shall sign a City verification form indicating the relationship of the deceased to the employee and the date of death.

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4.9 HOLIDAYS
Effective upon adoption of the agreement, each represented employee (sworn and nonsworn) shall receive sholiday time credit in the following manner:

Sworn Employees
In lieu of time off for holidays observed by the City, each sworn employee shall be paid for seventy-nine (79) hours of the one hundred and twenty-six (126) sixteen (116) hours of holiday time. The remaining fortythirty-seven (47)(37) hours of holiday time shall be credited to the sworn employees' Holiday Time Bank on July 1st of each year.

Non-Sworn Employees
In lieu of time off for holidays observed by the City, each non-sworn employee shall be paid for sixty-six (66) hours of the one hundred and twenty-six (126)sixteen (116) hours of holiday time. The remaining sixty (60)fifty (50) hours of holiday time shall be credited to the non-sworn employees' Holiday Time Bank on July 1
st of each year.

Holiday Pay
Benefit
Total Holiday
Hours
Paid Holiday
Hours
Banked Holiday
Hours
Sworn 126116 79 4737
Non-Sworn 126116 66 6050
All Employees
Holiday time is paid at the employee's regular rate with payments to be made in twentysix (26) equal payments corresponding with each pay period. o All new employees shall have their holiday time bank hours prorated o An employee may carry over up to one hundred sixteen twenty-six (1216) hours unused balance in their holiday time bank from one fiscal year to the next fiscal year
o If an employee has accumulated holiday time that exceeds 1216 hours, and does not have scheduled holiday time off during the current fiscal year that would reduce the employee's accumulated holiday time bank below 1126 hours, the Chief of Police can mandate that an employee use their accumulated holiday time, subject to the following:
o The Chief of Police must provide the affected employee with at least seven (7) days' notices before mandating use of accumulated holiday time o The affected employee can utilize the seven (7) days’ notices to identify an alternative (date or dates) to utilize his/hertheir accumulated holiday time o Mandated use of accumulated holiday time must be for full shifts only In the event the Chief of Police fails to exercise this authority, an employee will be able to carry over accrued holiday time in excess of 1126 hours from one fiscal year to the next.

However, in such circumstances, the employee's accrual of holiday time in the following fiscal year will be reduced by an equal amount. See example diagram below.

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In the event any employee separates from the Department (for any reason), the employee's hours in their holiday time bank shall be paid at the employee's regular rate of pay.

Employees separating from the City prior to July 1
stshall have their holiday time off prorated
and any overage paid by the City shall be deducted from any sum owed the employee by the City upon separation. ·
Requests for Holiday Time Off shall be made in accordance with the Department's vacation use procedure. Employees may only reserve a maximum of six (6) weeks of Vacation and/or Holiday Time during the annual vacation sign up period.

Procedures For Filling Vacancies
The following procedure for filling vacancies will be applicable for the following holidays only: Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day.

At all other times, barring unusual, unexpected, and exigent circumstances, the past practice of filling vacancies/absences will be adhered to (i.e., Posting vacancy for overtime, calling for volunteers, ordering any available personnel in to work).

1. All vacation time scheduled during the "Vacation Sign-Up" period will be honored.

Should a vacancy/absence occur the method for filling the vacancy/absence shall begin with section 3 listed below.

2. Time off consisting of a full regularly scheduled workweek, be it 37 hours or 49 hours, shall be honored. Should a vacancy/absence occur the method for filling the vacancy/absence shall begin with section 3 listed below.

3. Should a vacancy/absence occur more than one (1) week prior to a listed holiday the vacancy/absence shall be posted for overtime in accordance with current practice until one week prior to the listed holiday.

4. Should the vacancy/absence remain unfilled utilizing the method specified in Section 3 the Watch Commander for the affected shift shall review the time off request forms from all employees requesting less than a full regularly scheduled shift, and, in order of date requested, order the last employee of the affected shift granted time off to report for duty on the affected date. The Watch Commander shall continue with this method until minimum staffing levels have been attained or until there are no other employees who have requested time off.

Sworn
0 437 437
50 437 987
1320 433 1753
Non
Sworn
0 650 50
50 650 1100
1320 546 1866
Commented [LN1]: Delete table?
Commented [P2R1]: Corrected so we can keep.

Bal @ end
of FY
Hours loaded
@ Beginning of
FY
Holiday Time
Bank Balance
City Council/RSA Agenda 138 Tuesday, January 25, 2022
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5. Should a vacancy/absence still remain after following the methods listed in section 3 and 4 the Watch Commander shall order in to work the least senior employee in the affected section who has the affected holiday off. The Watch Commander shall continue to order in to work the next least senior employee in the affected section who has the affected holiday off, and will continue in order of seniority, until minimum staffing levels have been attained.

6. Any Employee entering into agreements for "Watch Swaps" on the listed holidays shall be ultimately responsible for ensuring that his/hertheir slot on the holiday is filled. Should an employee with whom a "Watch Swap" has been negotiated be unable to fulfill the "Swap" the scheduled employee shall work the holiday or make other arrangements with another qualified employee to work the holiday.

4.10 VACATION
Full-time employees shall earn vacation as follows:

Years of Service Pay Period Accrual Rate Annual Accrual Rate 0 - 3 years
4 - 8 years
9 - 13 years

3.08 hours

3.85 hours

4.62 hours
80 hours
100 hours
120 hours
14 - 18 years 6.15 hours 160 hours
19 + years 7.69 hours 200 hours
Effective the first full pay roll period in December 2019, full-time employees shall earn vacation as follows:

Years of Service Pay Period Accrual Rate Annual Accrual Rate 0- 3 years 3.08 hours 80 hours
4 - 8 years 4.62 hours 120 hours
9 - 12 years 5.3823 hours 140 130 hours
13 - 15 years 6.15 hours 160 hours
16 + years 7.69 hours 200 hours
Employees may not use vacation benefits while they are participating in a Field Training Program. Vacation accrues bi-weekly and may be accrued to a maximum balance of two times the annual accrual.

Employees absent without pay for more than thirty-seven (37) hours during a two week pay period do not earn vacation benefits for that pay period.

Effective on the adoption of the agreement, the City shall create an annual leave bank.

Employees with vacation balances that exceed their annual accumulation shall have all hours in excess of their annual accumulation placed in their annual leave bank.

Employees cannot accrue additional leave in their annual leave bank.

All vacation scheduled and taken after the adoption of the agreement, shall derive from equal parts of accumulated vacation leave and annual leave bank, or entirely from the City Council/RSA Agenda 139 Tuesday, January 25, 2022
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annual leave bank if there is no accumulated vacation leave balance, until such time as the employee's annual leave bank has been exhausted.

Employees shall continue to select their desired vacation schedule on the basis of seniority.

In selecting their vacation schedule, employees may utilize holiday time and accrued compensatory time off in addition to vacation leave in order to have sufficient time to take a particular work week off. The total amount of vacation leave that can be selected is based on the employee's current vacation accrual rate. For example, if an employee accrues four weeks a year in vacation accrual, the employee can sign up for four weeks of vacation leave using vacation, holiday, and compensatory time banks for the time leave.

Under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay. At the time of distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation and/or compensatory time off in the preceding twelve (12) months. • The employee must have a remaining balance of at least forty (40) hours following the sell back.

Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation sellback program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the vacation sellback program.

4.11 JURY DUTY
An employee summoned to jury duty shall not suffer a loss of pay or other benefits by reason of jury service. If at least one-half (1/2) of the employee's normal day shift remains after being released from service, the employee shall return to work. If the employee's work shift is other than a day shift the employee shall not be required to report to work on that day if the jury duty service is greater than four
(4) hours, excluding travel time and lunch break.

Employees working other than a day shift who are scheduled to serve on jury duty shall be allowed eight (8) hours rest time between the scheduled shift and the time they are to report to jury duty (or example, an employee scheduled to work 1430- 0250 and scheduled to report for jury duty at 0800 shall be adjusted off at 0001 to allow sufficient rest time). For the purpose of this Section, "day shift" shall be defined as work assignment commencing between 0500 and 1200 hours.

The employee summoned to jury duty shall be required to provide the City with court verification of the date and time of service.

4.12 WATCH SWAPS
The City of Union City and the Union City Police Officers' Association (UCPOA) agree to the following conditions for the implementation of "Watch Swap" for the benefit of the City Council/RSA Agenda 140 Tuesday, January 25, 2022
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members of the UCPOA:

A. "Watch Swaps" are allowed between members of the UCPOA occupying the same job classification.

B. Requests for consideration for "Watch Swaps" shall be documented on the UCPD Absence Report (UCPD # 131, Rev. 10/05) and are subject to approval by the Department.

C. The employee normally scheduled for a shift involved in a "Watch Swap" will be ultimately responsible for ensuring the "Watch Swap" occurs or the shift is covered. For "Watch Swaps" resulting in unscheduled absences the time to cover the absence shall be deducted from the scheduled employee's elective time bank. The ultimate responsibility to cover the shift, or cover the absence, rests with the employee normally scheduled for the shift and not with the employee consenting to cover the shift on a "watch swap."
D. When it becomes apparent that a previously scheduled and approved "Watch Swap" will not be able to be fulfilled, and the absence would result in the shift staffing below approved minimum staffing levels, the Department will not authorize overtime to staff the shift to minimum staffing levels. In such an instance it will be the responsibility of the normally scheduled employee to staff the shift or arrange for an alternate "Watch Swap." E. "Watch Swaps" are acknowledged by the UCPOA as private agreements between the individual members and as such are not subject to terms and conditions of the Fair Labor Standards Act (FLSA) as they are; A) Voluntarily undertaken and agreed to solely by the employees and, (B) Approved by the Department.

4.13 MILITARY LEAVE
The City shall provide eligible employees military leave benefits in accordance with State and Federal statutes, as well as any City policies, rules or regulations that provide benefits that exceed state and federal statutes.

SECTION 5.00 HEALTH AND WELFARE BENEFITS

5.1 HEALTH PLAN
Effective January 1
st
, 2017, the City agrees to contribute to a cafeteria plan an amount up to Two Thousand Dollars ($2,000) per month toward the cost of medical, dental and vision premiums and other eligible benefits for all bargaining unit members, regardless of in which plan(s) they are enrolled.

5.2 LIFE INSURANCE
The City agrees to provide one hundred thousand dollars ($100,000.00) for life insurance and accidental death and dismemberment coverage for all bargaining unit employees.

Increased life insurance may be added at the employee's expense.

5.3 DISABILITY INSURANCE
The City agrees to pay the disability insurance premium per bargaining unit employee to a carrier designated by the Association.

5.4 SPOUSAL/ALTERNATE COVERAGE
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Employees who are covered for medical benefits through a spouse's or domestic partner's alternative medical insurance plan · may elect not to enroll in a city medical plan. In lieu of medical coverage, the City will contribute to the employee's deferred compensation account, or add to salary, three hundred dollars ($300.00) per month. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of alternate medical coverage.

5.5 RETIREE MEDICAL PLAN
Benefit - Employees Hired Prior to January 1
st
, 2013
Retirees are not required to continue in the existing City or Association medical health plans upon retirement. Retirees shall receive the benefit monies under this Section in monthly payments. The City will annually require appropriate documentation to verify the cost employees are paying for medical coverage. Because of the documentation required, the City will not provide retirees a 1099R form.

Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service as a member of Union City Police Officers AssociationFifty percent (50%) of the cost up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $1,000 per month.

After twenty (20) years of service as a member of Union City Police Officers AssociationSeventy five percent (75%) of the cost up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $1,500 per month.

After twenty-five (25) years of service as a member of Union City Police Officers Association- One hundred percent (100%) of the cost up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $2,000 per month.

For those who retire, fifty percent (50%) of the above benefit will continue to any eligible surviving spouse or domestic partner, as long as the surviving spouse or domestic partner does not re-marry or enter into another domestic partnership recognized under California law.

In addition, effective July 1, 2002, the minimum benefit payable for any current retiree in the plan will be $400 per month.

Benefits - Employees Hired on Or After January l, 2013
After fifteen (15) years of service as a member of the Union City Police Officers Association - Fifty percent (50%) of the cost up to the CalPERS Bay Area Kaiser Single benefit to a maximum of $500 per month.

After twenty (20) years of service as a member of the Union City Police Officers Association - Seventy-five percent (75%) of the cost up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $750 per month.

After twenty-five (25) years of service as a member of the Union City Police Officers Association - One hundred percent (100%) of the cost up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $1000 per month.

Contributions
Effective the first payroll period following ratification, employees will contribute one and City Council/RSA Agenda 142 Tuesday, January 25, 2022
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one-half percent (1.5%) of salary per pay period to pre-fund the Union City Retiree Medical Fund (UCRMF). The City shall match employee contributions each payroll period to further pre-fund the UCRMF. Employees in the Dispatcher Clerk classifications will be provided the option to decline further participation in the retirement medical benefit. Such employees exercising this option will not be required to make any employee contributions to the UCRMF. In the event the City terminates the agreement to contract out dispatching services to the City of Fremont, Dispatcher Clerk employees that previously opted not to participate in the retirement medical benefit, shall be permitted to rescind their decision to opt out, and shall be reinstated in the pre-existing retirement medical benefit including all years of service. Further, such employees shall be credited for all years of service for pay periods in which contributions were not made, however, such employees shall be required to provide unpaid contributions to the UCRMF within 60 days of rescinding their decision to opt out.

The City will contribute annually to the fund an amount reasonably necessary to fund the above benefit.

Retiree Medical Benefits shall be available until such time as the retiree or spouse is eligible for Medicare, at which time the retiree medical plan benefits shall be limited to Medicare Supplemental Benefit.

When a retiree's spouse is a full-time employee of Union City, the retiree medical benefit shall commence when his/hertheir spouse either retires or leaves employment with the City. At no time shall retiree and spouse receive double retiree medical benefits either as an active employee and retiree or when both employee and spouse are retired.

Retiree Medical Committee
Following the adoption of this agreement, but no later than January 15, 2020, the City and the UCPOA shall convene a joint committee, to review data, financial statements, GASB/OPEB reports and analyses, and discuss benefit issues concerning the retirement medical plan.

5.6 DOMESTIC PARTNERS
A "Domestic Partnership" shall exist between two persons, one of whom is an employee of the City of Union City, if the employee and Domestic Partner are registered as Domestic Partners with the California Secretary of State's Office. Domestic Partners shall have the same rights, protections and benefits, as well as the same responsibilities, obligations and duties provided to current and former spouses under California State law and this MOU, including the rights to community property, defined benefit pensions and health benefits of the employee. The employee must provide proof to the City's Personnel Office that the employee has registered with the California Secretary of State's Office as a Domestic Partner. The employee must also promptly notify the City's Personnel Office should the employee's Domestic Partnership end.

Cohabitating heterosexual couples that satisfy all of the requirements for Domestic Partnership under California law other than being of the same gender shall be entitled to the same dental and vision benefits as Domestic Partners, but shall have no other rights, including rights to health contributions or other benefits or accruals, than other couples who are not married or in a registered Domestic Partnership recognized by California law. Cohabitating couples that satisfy the requirements of this section must file an "Affidavit of Cohabitation" with the Personnel Office to qualify for the dental and vision benefits. The employee must also promptly notify the City's Personnel Office should the employee's cohabitating relationship as set forth in this paragraph and in the "Affidavit of Cohabitation" end.

Commented [P3]: Consistent with Side Letter.

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SECTION 6.00 UNIFORMS

6.1 UNIFORM ALLOWANCE
The annual uniform allowance provided for each position represented shall be:

Sworn $1,250.00$1025.00
Community Service Aide $1,000.00$925.00
Public Services Officer $1,000.00$925.00
All Other Non-Sworn $1,000.00$825.00
For new employees, the initial uniform allowance shall be four hundred fifty dollars ($450.00) for a Police Officer and three hundred twenty-five dollars ($325.00) for non-sworn personnel.

Uniform allowance payments shall be made in twenty-six (26) equal payments coinciding with each pay period. Employees whose official City position classification is eligible for payment of a uniform allowance shall be required to wear the designated uniform during all on-duty hours, except as may be exempted by the employee's Division Commander.

SECTION 7.00 MISCELLANEOUS PROVISIONS

7.1 SALARY UPON PROMOTION ELIMINATION OF OVERLAPPING RANGES In the case of promotions within the bargaining unit, the City agrees to pay the promoted employee a minimum of five percent (5%) above the top step salary including additional compensation under 2.10 and 2.11 for the position from which the employee was promoted.

7.2 PROFESSIONAL ACHIEVEMENT PROGRAM
The purpose of the professional achievement program is to encourage and reward the educational and professional achievements of the career law enforcement employee, who, by preparing for advancement, has contributed to raising the efficiency and effectiveness of the Police Department.

This program applies to both sworn and non-sworn. Employees may receive compensation for either the P.O.S.T. Certificate Incentive or the Education Incentive, but not both.

The employee must provide written notification and all proper documentation to the City for eligibility in this Professional Achievement Program. Academic degrees from institutions submitted for incentive pay must be from an institution listed by an accrediting agency recognized by the United States Department of Education. Requirements for eligibility are as follows:

A. SWORN EMPLOYEES
P.O.S.T. Incentive

2.5%: Possess Intermediate P.O.S.T. Certificate.

5.0%: Possess Advanced P.O.S.T. Certificate
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Education Incentive

2.5%: Possess AA or AS Degree

5.0%: Possess BA or BS Degree
In no case will the total incentive (P.O.S.T. Incentive and/or Education Incentive) received under this Professional Achievement Program for sworn employees exceed 5.0%.

B. NON-SWORN EMPLOYEES

2.5%: Possess AA or AS Degree

5.0%: Possess BA or BS Degree

7.5%: Possess MA or MS Degree.

In no case will the total incentive (Education Incentive) received under this Professional Achievement Program for non-sworn employees exceed 7.5%.

7.3 LAYOFF PROCEDURE
Pursuant to Section 2.40 of Ordinance No. 149-76, the City Council may abolish any position or employment in the competitive series and the incumbent(s) of such positions may be laid off, demoted, or transferred, without disciplinary action. The City Council shall notify the City Manager (Appointing Authority) of the intent to layoff whenever layoffs are necessary in the interest of economy or whenever the necessity for the position(s) no longer exists. The Appointing Authority shall immediately notify all employees, and the Union City Police Officers' Association (POA), of the proposed action and allow reasonable time for representatives of the City and POA to meet and confer on the effects, if any, of the proposed actions, and consider such alternatives as they may propose. Such notification shall include notice of all public hearings regarding the action.

The criteria applied in determining particular employees to be laid off, transferred, or demoted, shall be those specified in this side letter of agreement.

Unless specifically mentioned in this side letter, all other layoff and reemployment procedures shall remain in effect as specified in City Personnel Rule Thirteen.

Layoff Procedure (Supersedes 13.01 of Rule 13)

1. Layoff shall be on a citywide basis by prescribed classification.

2. No regular employee in an affected classification shall be laid off if the City retains employees with non-regular status in the same classification. Employees with non-regular status in an affected classification shall be laid off in the following order: emergency, seasonal, temporary, provisional, and probationary.

3. If authorized part-time positions in a particular classification remain after the abolishment of full-time, regular and non-regular positions, the part- time position shall be offered to the next eligible full-time employee within that classification.

4. The order of layoff by classification shall be in reverse order of seniority within classification. Seniority shall mean time employed by the City based on promotion date and hire date, uninterrupted by continuous employment service to the city of Union City.

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5. Employees on paid or unpaid leaves of absence at the time of a layoff shall be treated the same as if they were in an employed status and do not waive right to reinstatement according to their seniority status.

6. Seniority shall be computed on the basis of promotion/employment dates with uninterrupted breaks in service, including time spent in temporary, provisional or probationary employment status before obtaining permanent employee status.

7. Seniority dates will be adjusted to reflect any break in service, which would include all unpaid leaves of absence, excluding leaves as a result of "on the job” injuries.

8. For the purposes of seniority calculation, time spent in the classification of police recruit I or II shall be considered the same as police officer. Time spent in the classification of dispatcher clerk trainee shall be considered the same as dispatcher-clerk. Time spent in the former classification of dispatch and records supervisor shall be considered the same as dispatcher-clerk.

9. If two or more employees have the same seniorityseni01ity for a given classification, the order of layoff shall be determined by their position on the police department seniority list (the list most commonly used to determine the vacation and shift sign-up order).

10. A Police Department employee who is laid off has the right of displacement to a position previously held within the Police Department, or to a position held by the least senior person in the successive lower classification series (position supervised), provided the following criteria are met:
a. The laid-off employee's total seniority time within classification (the total of time in current classification plus time spent in lower classification to be bumped) exceed the total seniority time of at least one employee in the lower classification.
b. The laid off employee meets the full qualifications of the lower classification: and,
c. The laid off employee has either served in the classification series or has been supervisory to the classification being considered.

11. The Appointing Authority shall first communicate to the Administrative Services Director the classification(s) of positions to be considered for layoff. The Administrative Services Director shall provide to the Appointing Authority a list of employees who will be affected by the proposed layoff, together with designation of seniority. The Appointing Authority shall assign remaining staff to existing functions and services in a manner that in his/hertheir opinion best reflects the City's organizational needs and priorities. Such assignments and/or reassignments shall be consistent with the employee's classification.

12. In lieu of displacing an employee to a part-time position or to a position status that differs from their position held prior to layoffs, an employee may choose to be laidoff without jeopardizing their reinstatement rights.

Section 13.02 of Rule 13 shall remain intact.

Section 13.03 of Rule 13 shall remain intact, with the exception of the following sections:

Commented [P5]: Clean up: City no longer employs
dispatcher personnel.

Commented [P6]: Typo / Correction.

City Council/RSA Agenda 146 Tuesday, January 25, 2022
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a. Lay-off time that exceeds 30 days shall cause the seniority date of the employee to be adjusted commensurate with the length of absence exceeding thirty days, with the exception of determining vacations as set forth in Rule 13.
b. An employee who voluntarily separates from the Police Department shall have no right to placement on any lay-off list created as a result of a layoff in their former classification. They will retain re- employment rights consistent with City Personnel Rules, after those on the lay-off list have been rehired or refused an offer to be rehired.

7.4 WORK SCHEDULE & SHIFT SELECTION
The parties agree to work a 3/12:20/40 Work Schedule for sworn positions in Patrol and Traffic Operations. All other bargaining unit staff shall work a 4/10/40 schedule.

Implementation of these work schedules is subject to the conditions agreed upon by the Association and the City, as memorialized in the collective agreement between the parties effective 1996 - 1999.

The parties agree that if the Chief of Police, for operational needs, deems it necessary to temporarily change the above schedules, those personnel assigned to work a 3/12:20/40 work schedule shall have their work schedule altered to no less than a 4/10/40 work schedule.

Shift selection shall remain in effect for twelve (12) months for all eligible members with less than (10) years of seniority within the Department; all eligible members with ten (10) or more years seniority may select shifts for twenty-four (24) months. This option is applicable only to those sworn employees assigned to the patrol function. This option is not applicable to non-sworn employees or sworn employees assigned to specialties. The Association and City agree to review the shift selection issue after two years of implementation of this section and to Meet
& Confer on potential refinement thereto.

7.5 POLICE OFFICER RECRUIT
Non-lateral sworn employees shall be hired with the classification of "Police Officer Trainee" or "Police Officer Recruit II". "Police Officer Recruit II" shall be compensated in the same fashion as the classification of "Police Officer" with the following exceptions:

A. Prior to successful completion of a P.O.S.T. approved academy, a Police Officer Trainee shall be compensated at a salary of five dollars ($5.00) less per hour than that of an "A" step Police Officer.

B. Upon successful completion of a P.O.S.T. approved academy, "Police Officer Recruit II" shall be compensated at a salary range of two dollars and fifty cents ($2.50) less per hour than that of an "A" step Police Officer until successful completion of the Union City Police Department Recruit Field Training Program.

C. Upon successful completion of the Union City Police Department Recruit Field Training Program, the employee shall be compensated at the "A" step salary rate for the position of Police Officer.

Candidates qualifying as lateral hires, and hired as such, shall be hired as Police Officers at the salary step commensurate with their experience as determined by the City.

Commented [P7]: MOU only shows Police Officer Recruit
II as a represented classification, so it seems like “Police Officer Trainee” is an outdated reference.

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7.6 [LEAVE OPEN]

7.7 PROBATIONARY PERIOD-POLICE OFFICER
Probationary period for Police Officer shall commence upon appointment or promotion to the rank of Recruit II, i.e., Start of Field Training period.

SECTION 8.00 GRIEVANCE PROCEDURE

8.1 PURPOSE
The purpose of this Grievance Procedure is to promote communication and improve employer-employee relations by establishing a process to encourage settlement of disputes. The parties recognize that it is in their mutual interest to resolve problems expeditiously at the lowest possible administrative level. Any resolution of dispute at this level must be consistent with the terms of this Agreement.

8.2 GRIEVANCE DEFINITION
A grievance shall be defined as a dispute arising from the application or interpretation of a specific Article or Articles of this Agreement or specific section(s) of the City Personnel Rules. A disciplinary action imposed by the City shall not be cause for a grievance unless it is specifically alleged that such action represents an incorrect application or violation of this Agreement. In no event shall this Agreement alter or interfere with the disciplinary procedure previously followed by the City, or provided for by the City Personnel Rules and Regulations, ordinance or law, including the procedure for disciplinary appeals as provided in Section 9.00 of the City Personnel Rules.

8.3 PROCEDURE FOR GRIEVANCES
Step I -Police Captain:

The affected bargaining unit employee and/or his or her Union representative shall submit a written grievance to the employee's Police Captain within ten (10) working days of the date the grievant knew or could reasonably have become aware of the alleged violation.

The written grievance shall contain the following information:
a) a statement of the grievance, the facts upon which it is based, and the person(s) involved.
b) the specific Section(s) of this Agreement, the City Personnel Rules, or other regulations alleged to have been violated.
c) the remedy requested; and
d) the aggrieved employee's signature.

The Police Captain shall respond in writing within ten (10) working days of receipt of the written grievance. The written response at this step (and all management responses at all steps hereafter) shall contain the following information:
a) an affirmation or denial of the facts upon which the grievance is based.

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b) an analysis of the alleged violation of the Agreement, or the City Personnel Rules.
c) a response to the remedy requested; and
d) the Police Captain's signature.

Step 2 - Police Chief:

If the grievance is not resolved at Step 1, the grievant or the grievant Union Representative shall submit the written grievance to the Police Chief within ten (10) working days of receipt of the Police Captain's written response. The Police Chief shall respond in writing to this grievance within ten (10) working days of receipt of the written grievance.

Step 3 - City Manager:

Should the grievance remain unsolved at Step 2, the written grievance shall be submitted within ten (10) working days of receipt of the Step 2 response to the City Manager or City Manager's designee, who shall meet with the Union Representative within thirty (30) working days of receipt of the written grievance. The City Manager or City Manager's designee shall provide a written response within ten (10) working days of the date of discussion with the Union Representative.

Step 4 - Arbitration:

If the grievance is not resolved at Step 3, the Union Representative shall, within ten (10) working days of receipt of the Step 3 response, notify the City Manager in writing of the request to submit the grievance to arbitration.

Arbitration:

If the parties are unable to mutually agree on the selection of an arbitrator, the names of the five (5) arbitrators shall be obtained from the California State Mediation and Conciliation Service. By coin toss, the losing party shall strike one (1) name from the panel list. The other party shall strike one (1) name alternately until only one (1) name remains, who shall serve as the arbitrator. The city and the Union agree to divide equally the cost of the arbitrator and the court reporter. Each party shall bear their own respective costs of making their presentation to the arbitrator, including but not limited to, their own attorneys' fees, expert witness fees, regular witness fees, and related costs. The arbitrator's decision shall be final and binding; however, the arbitrator shall have no power to add to, subtract from or alter, change or modify the terms of this Agreement or the City's Personnel Rules, and the arbitrator's power shall be limited to the interpretation or application of this Agreement or the City's Personnel Rules. The arbitrator shall issue a written decision within forty-five (45) calendar days of the close of the hearing or issue a bench decision if mutually agreed to and requested by both parties to this Agreement.

Time Limits:

Any time limits specified in this Grievance Procedure may be extended by mutual agreement. Requests for an agreement to extend any deadline shall be confined in writing.

Except for time extensions by mutual agreement, failure by the employee or the Union to follow the established time limits shall cause the grievance to be considered withdrawn.

Failure by the City to follow the established time limits shall cause the grievance to be settled in favor of the employee.

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Witnesses:

Persons who have direct knowledge of circumstances relating to the grievance may be released from their duties to provide testimony at any stage of the proceedings. At the request of either party, witnesses who have not yet testified may be sequestered from the hearing. The grievant or the grievant Union Representative shall provide reasonable advance notification to the City of any requests to release employees from their regular duties to attend any such proceedings. Employees shall be compensated at their regular rate of pay for actual time spent in such meetings.

SECTION 9.00 DISCIPLINE

9.1 DISCIPLINARY INVESTIGATIONS
All sworn members shall be afforded all rights listed in the Government Code Sections 3300-3311, Public Safety Officer Procedural Bill of Rights Act. The City shall utilize the same procedures for all non-sworn employees for conducting investigations, entering adverse comments into personnel files, permitting inspection of personnel files, and searching lockers.

9.2 STANDARD DISCIPLINARY APPEAL PROCEDURE
An appeal from standard disciplinary action shall be in writing and subject to the following procedure. Appeals of written reprimands shall be appealable only to the Chief of Police (Department Head), with no further right of appeal.

Definition of Standard Disciplinary Action:

For the purpose of this provision, a standard disciplinary action shall mean a written reprimand, reduction in salary, equal to or less than a suspension of 160 hours, suspension equal to or less than 160 hours, or disciplinary transfer.

Procedure:
. ' . . . . . . . . . . . -. . .

Appeals from standard discipline imposed by a Police Captain of Police Lieutenant must be initiated at Step 1. Appeals from standard discipline imposed by the Police Chief may be initiated at Step 2. Appeals from standard discipline imposed by the City Manager may be initiated at Step 3.

Step 1 -Police Chief:

The employee may appeal standard discipline to the Police Chief or designee by submitting a written notice of appeal within ten (10) working days of receipt of notification of disciplinary action. Such appeal shall be made in person before the Police Chief or designee or filed in writing with the Police Chief or designee at a mutually agreed upon time after the employee's receipt of all investigation materials. The Police Chief or designee shall provide a written response to the employee within ten (10) working days after the later of either the employee submitting the appeal to the Police Chief or designee or providing an in-person response to the Police Chief or designee. There shall be no further appeal of a written reprimand beyond Step 1 of the Standard Discipline Appeal Procedure.

Step 2 - City Manager:

If the employee is dissatisfied with the response at Step 1, and the disciplinary action is one of the discipline actions defined in this section other than a written reprimand, the employee may file a written notice of appeal with either the City Manager or City Manager's Commented [P8]: Deleted extra space.

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designee. Such appeal shall be made in person before the City Manager or designee or filed in writing with the City Manager or designee within thirty (30) working days of receipt of the appeal from Step 1, or in the event there is no Step 1, at a mutually agreed upon time after the employee's receipt of all investigation materials. The City Manager or City Manager's designee shall provide a written response to the employee within ten (10) working days of the date of discussion with the employee and/or the employee's chosen Association Representative.

Step 3 - Factfinder:

If the employee is dissatisfied with the response of Step 2, and the disciplinary action is one of the discipline actions defined in this section other than a written reprimand, the employee or the employee's Association Representative may request involvement of a factfinder within thirty (30) days of the meeting held at Step 2, by filing a written notice with the City Manager or designee. The names of five (5) factfinders shall be obtained from the California State Mediation and Conciliation Service. Beginning with a coin toss, the City and the Association shall alternately strike names from the list until one remains. The City and the Association agree to divide equally the cost of the factfinder and the court reporter.

Each party shall bear their own respective costs of making their presentation to the factfinder, including but not limited to, their ·own attorneys' fees, expert witness fees, regular witness fees, and related costs. The factfinder designated to hear the appeal shall submit findings of fact and conclusions to the parties. The fact-finder's recommendation must be accepted by both the AssociationAssociat10n and the City Councilcay counc11 m in order to be effective. In the event the fact-finder's recommendation(s) are rejected by either party, the determination at the prior level shall stand. The factfinder shall have no authority to add to, subtract from, alter, change, or modify the terms of this Agreement, and the fact-finder's power shall be limited to addressing the facts and merits of the disciplinary action being appealed.

9.3 MAJOR DISCIPLINARY APPEAL PROCEDURE
An appeal from a major disciplinary action shall be in writing and subject to the following procedure.

Definition of a Major Disciplinary Action
For the purpose of this provision, a major disciplinary action shall mean a reduction in salary equal to more than a suspension of 160 hours, suspension for more than 160 hours, a demotion, or discharge (termination).

Procedure:

Step 1 - City Manager:

The employee may appeal major discipline, if the disciplinary action is one of the disciplines defined in Definition of a Major Disciplinary Action, to the City Manager or City Manager's designee by submitting a written notice of appeal within ten (10) working days of receipt of notification of major disciplinary action. Such appeal shall be made in person before the City Manager or designee or filed in writing with the City Manager or City Manager's designee, at a mutually agreed upon time after the employee’s receipt of all investigation materials. The City Manager or City Manager’s designee shall provide a written response to the employee within ten (10) working days after the later of either the employee submitting the appeal to the City Manager or designee or providing an in-person response to the City Manager or designee.

Step 2 - Arbitration:

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City Council/RSA Agenda 151 Tuesday, January 25, 2022
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If the Association or the employee is dissatisfied with the response of Step 1, and the disciplinary action is one of the disciplines defined in Definition of a Major Disciplinary Action, the Association Representative may request involvement of an Arbitrator within thirty (30) days of the meeting held at Step 1, by filing a written notice with the City Manager or the City Manager's designee.

The names of seven (7) Arbitrators shall be obtained from the California State Mediation and Conciliation Service. The City and the Association agree to divide equally the cost of the list of Arbitrators. Beginning with a coin toss, the City and the Association shall alternately strike names from the list until one remains.

The City and the Association agree to divide equally the cost of the Arbitrator and the court reporter. Each party shall bear their own respective costs of making their presentation to the Arbitrator, including but not limited to, their own attorneys' fees, expert witness fees, regular witness fees, and related costs.

The Arbitrator shall have no authority to add to, subtract from, alter, change, or modify the terms of this Agreement, and the Arbitrator's power shall be limited to addressing the facts and merits of the disciplinary action being appealed.

The decision of the Arbitrator shall be final and binding on the parties.

9.4 EXCLUSIONS/LIMITATIONS
The procedures set forth in Section 9.02 and 9.03 shall not be applicable to the following employees, nor not shall they be applicable to any City action(s) as to which an administrative appeal already exists elsewhere in this Agreement or law:
a) Probationary employees who are rejected during probation (except probationary employees are entitled to meet with the Police Chief); and b) any temporary or provisional employees.

9.5 CONDUCT OF HEARING:

The hearing shall be conducted according to the Code of Civil Procedure, Section 1282, et seq.

9.6 TIME LIMITS:

Any time limits specified in this Disciplinary Appeal Procedure may be extended by mutual agreement. Requests for an agreement to extend any deadline shall be confirmed in writing. Except for time extensions by mutual agreement, failure by the employee, the Association, or City to follow the established time limits shall automatically cause the appeal to be moved to the next level.

9.7 WITNESSES:

Persons who have direct knowledge of the circumstances relating to the appeal may be released from their duties to provide testimony. At the request of either party, witnesses who have not yet testified may be sequestered from the hearing. The parties shall provide each other with a final witness list within three (3) business days of the arbitration. The appellant or the appellant's Association Representative shall provide reasonable advance notification to the City of any requests to release employees from their regular duties to attend any such proceedings. Employees
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Employees shall be compensated at their regular rate of pay for actual time spent attending such meetings.

SECTION 10.00 SEPARABILITY
Should any section, clause, or provision of the Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions, and those other portions shall remain in full force and effect for the duration of this Agreement. Furthermore, the parties shall meet and confer pursuant to Government Code Sections 3500, et seq. for the purpose of arriving at a mutually satisfactory resolution regarding any invalid or unlawful provision.

SECTION 11.00 COMPLETION OF NEGOTIATIONS
During negotiations which resulted in this Agreement, both parties acknowledge that each had the right and opportunity to make demands and proposals with respect to all subjects within the scope of representation. Therefore, for. the term of this Agreement, the parties shall not be obligated to meet and confer with respect to any subject specifically referred to or covered in this Agreement, or to any subject discussed and later withdrawn by either party, except the parties shall meet quarterly to review those sidebar items identified in the negotiation process and any other contract(s) items that either party deems necessary.

SECTION 12.00 REOPENER
The City, upon written request to the Union City Police Officers' Association, may reopen the Memorandum of Understanding between the parties if the Public Safety Parcel Tax is not extended by the voters of the City of Union City.
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City Council/RSA Agenda 153 Tuesday, January 25, 2022
SECTION 123.00 DURATION
This Agreement shall continue in full force and effect from July 1January 1, 202219, until December 31, 20241.

FOR THE CITY: FOR THE ASSOCIATION:

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City Council/RSA Agenda 154 Tuesday, January 25, 2022
City of Union City and
Union City Police Officers’ Association
Side Letter of Agreement
This Side Letter is by and between Union City Police Officers’ Association (“POA”) and the City of Union City (“City”) and will become effective pending the ratification and approval of the 2021-2024 MOU between the City and the POA.

During negotiations for 2021-2024 MOU between the City and the POA, the POA presented its Proposal #7 on 10/13/21 to change the medical benefits for retirees hired on or after January 1, 2013 from the current Union City Retiree Medical Fund (UCRMF) program to a retiree medical expense reimbursement plan administered by the PORAC Retiree Medical Trust. Although there is a mutual interest in exploring the potential benefits of this proposal, the parties acknowledge that additional time is needed to analyze the proposal and its potential impacts.

To complete the negotiations for the 2021 MOU in a timely manner, the City and the POA agree to address POA Proposal #7 separately from the successor MOU negotiations. The POA hereby agrees to withdraw its Proposal #7 for the purposes MOU negotiations, and the City and the POA shall meet and confer in good faith over POA Proposal #7 upon the conclusion of negotiations for the 2021-2024 MOU. The parties agree that no changes to retiree medical benefits shall be made absent mutual agreement of the parties.

The parties agree to schedule their first meet and confer meeting on this topic within sixty days of the approval of the 2021-2024 POA MOU by the City Council.

For the City: For POA:
_______________________________ ___________________________ _______________________________ ___________________________ _______________________________ ___________________________ Date:______________ Date:___________
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City Council/RSA Agenda 155 Tuesday, January 25, 2022
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City Council/RSA Agenda 156 Tuesday, January 25, 2022
Appendix 1
For purposes of compiling labor market data, and comparing total compensation, the parties agree to use the following eight survey agencies:

Fremont
Hayward
Milpitas
Newark
Pleasanton
San Leandro
Redwood City
Livermore
Factors the parties considered relevant in deciding to use these comparison agencies include city revenue per capita; size of city budget; scope and type of municipal services provided; median household income; population served; number of city employees, and geographic proximity.

The salary and benefits that will be included in total compensation surveys shall be the following: Top Step Salary, PERS-EPMC paid by City,Total Employee PERS Contribution for New Members (PEPRA), Uniform Allowance, Educational Incentive, Average PERS Employer Normal Cost, and maximum employer contributions to Medical, Vision, and Dental premiums, Long-Term Disability, Life Insurance, Medicare and Holiday Pay. The City and the Association further agree to survey Paid Time Off accruals (e.g. vacation, sick leave, holiday, annual leave, etc.) as part of total compensation studies for future negotiations, but such data will not be included in preparing Market Equity Adjustments.
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City Council/RSA Agenda 157 Tuesday, January 25, 2022

CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING

UNION CITY POLICE OFFICERS' ASSOCIATION
January 1, 2022 to December 31, 2024
City Council/RSA Agenda 158 Tuesday, January 25, 2022
Table of Contents
PREAMBLE ............................................................................................................................... 5 SECTION 1.00 GENERAL PROVISIONS .................................................................................. 5

1.1 CITY RIGHTS .............................................................................................................................5

1.2 RECOGNITION ..........................................................................................................................5

1.3 ASSOCIATION RIGHTS...........................................................................................................5

1.4 NON-DISCRIMINATION ............................................................................................................6

1.5 UNION ACCESS TO ORIENTAION AND PAYROLL DEDUCTIONS...............................6

1.6 INDEMNIFICATION AND HOLD HARMLESS ......................................................................6

1.7 USE OF FACILITIES .................................................................................................................7

1.8 RELEASE TIME .........................................................................................................................7 SECTION 2.00 COMPENSATION ............................................................................................. 8

2.1 SALARY.......................................................................................................................................8

2.2 WORKING IN A HIGHER CLASSIFICATION (ACTING PAY)............................................8

2.3 SALARY STEP SCHEDULE ....................................................................................................9

2.4 MINIMUM COURT TIME...........................................................................................................9

2.5 OVERTIME................................................................................................................................10

2.6 MINIMUM CALL BACK............................................................................................................11

2.7 EARLY CALL IN .......................................................................................................................11

2.8 MINIMUM CALL IN ..................................................................................................................11

2.9 MEAL ALLOWANCE................................................................................................................11

2.10 CANINE HANDLER DIFFERENTIAL....................................................................................11

2.11 SPECIALTY PAY......................................................................................................................12

2.12 BILINGUAL COMPENSATION ..............................................................................................13

2.13 LONGEVITY PAY.....................................................................................................................13

2.14 CRIME SCENE TECHNICIAN ON-CALL COMPENSATION............................................14

2.15 AUTOMATIC PAYROLL DEPOSIT.......................................................................................14 SECTION 3.00 RETIREMENT BENEFITS................................................................................14

3.1 SWORN CLASSIC MEMBERS...............................................................................................14

3.2 NON-SWORN CLASSIC MEMBERS.....................................................................................15

3.3 “NEW MEMBERS” AS DEFINED IN PUBLIC EMPLOYEE PENSION REFORM ACT (PEPRA)..................................................................................................................................................15

3.4 FOR ALL ASSOCIATION MEMBERS ...................................................................................16 City Council/RSA Agenda 159 Tuesday, January 25, 2022
SECTION 4.00 LEAVE ADMINISTRATION ..............................................................................16

4.1 SICK LEAVE ALLOWANCE ....................................................................................................16

4.2 SICK LEAVE UTILIZATION.....................................................................................................16

4.3 SICK LEAVE NOTICE AND CERTIFICATION.....................................................................18

4.4 OCCUPATIONAL INJURY LEAVE.........................................................................................18

4.5 OCCUPATIONAL INJURY/ILLNESS MEDICAL APPOINTMENT ....................................18

4.6 PERSONAL LEAVE..................................................................................................................19

4.7 LEAVE OF ABSENCE..............................................................................................................20

4.8 BEREAVEMENT LEAVE..........................................................................................................20

4.9 HOLIDAYS .................................................................................................................................20

4.10 VACATION .................................................................................................................................22

4.11 JURY DUTY ...............................................................................................................................24

4.12 WATCH SWAPS........................................................................................................................24

4.13 MILITARY LEAVE .....................................................................................................................24 SECTION 5.00 HEALTH AND WELFARE BENEFITS ..............................................................25

5.1 HEALTH PLAN ..........................................................................................................................25

5.2 LIFE INSURANCE.....................................................................................................................25

5.3 DISABILITY INSURANCE........................................................................................................25

5.4 SPOUSAL/ALTERNATE COVERAGE...................................................................................25

5.5 RETIREE MEDICAL PLAN......................................................................................................25

5.6 DOMESTIC PARTNERS..........................................................................................................27 SECTION 6.00 UNIFORMS ......................................................................................................27

6.1 UNIFORM ALLOWANCE.........................................................................................................27 SECTION 7.00 MISCELLANEOUS PROVISIONS....................................................................28

7.1 SALARY UPON PROMOTION................................................................................................28

7.2 PROFESSIONAL ACHIEVEMENT PROGRAM...................................................................28

7.3 LAYOFF PROCEDURE............................................................................................................28

7.4 WORK SCHEDULE AND SHIFT SELECTION.....................................................................30

7.5 POLICE OFFICER RECRUIT..................................................................................................31

7.6 LEAVE OPEN ............................................................................................................................31

7.7 PROBATIONARY PERIOD – POLICE OFFICER................................................................31 SECTION 8.00 GRIEVANCE PROCEDURE.............................................................................31

8.1 PURPOSE..................................................................................................................................31

8.2 GRIEVANCE DEFINITION ......................................................................................................31 City Council/RSA Agenda 160 Tuesday, January 25, 2022

8.3 PROCEDURE FOR GRIEVANCES .......................................................................................32 SECTION 9.00 DISCIPLINE .....................................................................................................33

9.1 DISCIPLINARY INVESTIGATIONS .......................................................................................33

9.2 STANDARD DISCIPLINARY APPEAL PROCEDURE........................................................34

9.3 MAJOR DISCIPLINARY APPEAL PROCEDURE................................................................35

9.4 EXCLUSIONS/LIMITATIONS..................................................................................................36

9.5 CONDUCT OF HEARING........................................................................................................36

9.6 TIME LIMITS..............................................................................................................................36

9.7 WITNESSES..............................................................................................................................36 SECTION 10.00 SEPERABILITY..............................................................................................36 SECTION 11.00 COMPLETION OF NEGOTIATIONS ..............................................................37 Section 12.00............................................................................................................................37 Appendix 1................................................................................................................................39 City Council/RSA Agenda 161 Tuesday, January 25, 2022

PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Officers' Association entered into this Memorandum of Understanding ("Memorandum of Understanding" or "Agreement"). This Memorandum of Understanding constitutes the full and complete agreement between the parties on all items falling within the scope of representation. The provisions set forth herein supersede previous memoranda between the City and Association and shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum of Understanding.

SECTION 1.00 GENERAL PROVISIONS

1.1 CITY RIGHTS
Except as specifically restricted by an express provision of this Agreement, the City retains all management rights and prerogatives. Neither these rights nor their exercise shall be subject to the grievance or arbitration mechanisms of this Agreement.

1.2 RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of: Police Officer Recruit II, Police Officer, Police Sergeant, Police Office Assistant, Police Department Office Coordinator, Community Resources Coordinator, Property and Evidence Specialist, Community Service Aide, Public Services Officer I, Public Services Officer II, Property and Evidence Supervisor, Records Supervisor, Crime Analyst, Confidential Operations Assistant and Personnel and Training Supervisor.

1.3 ASSOCIATION RIGHTS
The City recognizes the right of the Association to police this Agreement, assist its members in resolution of grievances, and participate in the negotiation of this and future Agreements. In recognizing these rights, the City shall provide reasonable time for the negotiating of this and future memoranda. For the purposes of the Memorandum of Understanding, reasonable time shall be that time that is agreed upon between authorized bargaining representatives and their Division Commander, or in their absence, any other available Division Commander. Such time shall be negotiated and agreed upon prior to its use. If agreement cannot be reached the Chief of Police shall decide the issue. No other Association business shall be conducted on City time by any employee of the Police Department without prior approval of the Chief of Police.

Members of the Executive Board of the Union City Police Officers' Association may be allowed to utilize personal leave to attend bona fide union membership meetings provided the employee submits a request for time-off in advance. The Association and its designated legal representative have a right of access to members. The City shall, with prior approval, provide adequate space and access to Association members or a designated legal representative. The City shall not provide access to copy machines, telephones or other equipment that is the sole possession of the City of Union City without prior approval from the Chief of Police.

City Council/RSA Agenda 162 Tuesday, January 25, 2022

1.4 NON-DISCRIMINATION
The City and the Association agree that they will not discriminate in any way on account of race, color, creed, religion, sex, sexual orientation, age, national origin, political affiliation, physical or mental disability, medical condition, or for union activity, to the extent prohibited by applicable state and federal law.

1.5UNION ACCESS TO ORIENTAION AND PAYROLL DEDUCTIONS
All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter "payroll deductions") as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association. The Association shall certify to the City the amount of such payroll deductions to be deducted.

NEW EMPLOYEE ORIENTATION
The City shall provide the Association with two (2) weeks advance notice of the start date of any new hire to a represented classification. The City shall provide the Association with an exclusive thirty (30) minutes meeting with any new employee or group of employees covered by this MOU, during the employee orientation (i.e., the first two (2) days of employment). The specific date, time, and location of the thirty (30) minutes union meeting with new employees will be coordinated by the Chief of Police (or their designee) and the President of the Association.

PAYROLL DEDUCTIONS/AUTHORIZATIONS
The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Association, or pursuant to an authorization form tendered to the City by either the Association or the employee. All sums deducted by the City shall be remitted to the Association in an expedient manner and at the intervals requested by the Association together with a list of names of each employee for whom a deduction was made.

The City will implement any change to an employee's payroll deductions in the first full pay period following notification of such change by the Association.

If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

1.6INDEMNIFICATION AND HOLD HARMLESS
The Association shall hold the City harmless and shall fully and promptly reimburse the City for reasonable legal fees and costs incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the City or any of its agents by an employee in a represented classification in connection with the administration or enforcement of this section of the agreement. Such reimbursement shall include costs and attorney's fees incurred by the City.

Upon notice that the City is going to seek indemnification or to be held harmless under City Council/RSA Agenda 163 Tuesday, January 25, 2022
this provision, the Association shall have the right to meet with the City regarding the reasonableness and merit of any claim, demand, suit, or action for which the City seeks indemnification, and shall attempt to agree whether any such action listed above in "(A)" shall be compromised, resisted, defended, tried, or appealed.

Determining whether or not such action shall be compromised, resisted, defended, tried, or appealed, the City will defer to the Association's interest if the City does not have a distinct and separate legal interest in the matter in dispute.

The City shall not be entitled to be reimbursed for any fees, costs, charges, or penalties for which the Association was not properly notified and provided the opportunity to discuss as set forth herein; nor will the City be entitled to any such reimbursement when the City's efforts in defending against such action would be duplicative, or when the City is defending a separate and distinct legal interest or when the City is defending an activity which is arguably subject to criminal liability on the part of any City administrator.

1.7USE OF FACILITIES
The City shall provide reasonable space on bulletin boards for Association business. The Association President or designee shall be responsible for maintenance of Association postings. Furthermore, the City shall reasonably make available conference rooms or other meeting areas to the Association at no cost to the Association for the purpose of conducting general membership meetings during City non-business hours, except under unusual circumstances. Requests for the use of such facilities must follow established procedures and must be made to the appropriate City representative.

1.8 RELEASE TIME
POA Bargaining Team Members
All on-duty POA personnel who are active members of the Associations' Bargaining Team are entitled to two hours (2) of adjusted time off as preparation time immediately preceding any regularly scheduled bargaining meeting.

Any Association Bargaining Team member who is on a regularly scheduled day off on the day of the bargaining meeting shall be compensated at a rate of time-and- one-half the employee's regular hourly rate to attend the bargaining meeting between the Association and the City. Team members who are on their regularly scheduled day off will not be compensated for the two (2) hour preparation time.

The Association Bargaining Team shall have no more than seven (7) members. The Association may replace Bargaining Team members who are unable to continue as designated Bargaining Team Members; however, the Association's Team membership eligible for compensation under this section shall not exceed seven (7) members.

POA Release Time Bank
The City and the POA agree to establish and maintain a "Release Time Bank" for use by POA members to conduct and/or attend essential union activities including, but not limited to, conventions, professional association meetings, training classes, and symposia, and excluding political activity, fund raisers, and recreational activities. For purposes of this section, political activity shall not include meetings with individual City Council members or attending City Council meetings. Th City shall provide a maximum of 160 hours per fiscal year to the POA Release Time Bank. The POA President or his designee shall have sole discretion as to the use of the time bank.

City Council/RSA Agenda 164 Tuesday, January 25, 2022
Requests to use accrued time from the "POA Release Time Bank" shall be made to the affected Division Commander as soon as possible but no later than twenty-four (24) hours in advance of the proposed use. The Division Commander will deny any requests that cause overtime to be generated. The POA may appeal the decision of a Division Commander to the Chief of Police who may authorize the utilization of overtime on a nonprecedent setting case by case basis.

SECTION 2.00 COMPENSATION

2.1 SALARY
A. Cost of Living Adjustments
Effective the first full pay period following January 1, 2022, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%). The City shall concurrently eliminate the first two steps of the Police Sergeant salary schedule.

Effective the first full pay period following January 1, 2023 the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).

Effective the first full pay period of January 1, 2024, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).

B. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide each sworn represented classification with a market equity adjustment increase based on the benchmark classification of Police Officer. The amount of the equity adjustment for all sworn represented classifications shall be determined by the percentage increase required to bring the Police Officer classification to one percent above the market median for the Police Officer benchmark based upon the survey methodology set forth in Appendix 1. The market equity adjustment shall not exceed four percent (4%) in any year for any classification.

Effective the first full pay period following January 1st of each year of this agreement, the City will provide each non-sworn represented classification with a market equity adjustment based on the benchmark classification of Records Clerk (equivalent to the Union City classification known as Police Office Assistant). The amount of the equity adjustment for all non-sworn represented classifications shall be determined by the percentage increase required to bring the Police Office Assistant classification to one percent above the market median for the Records Clerk benchmark based upon the survey methodology set forth in Appendix 1. The market equity adjustment shall not exceed two percent (2%) in any year for any classification.

2.2 WORKING IN A HIGHER CLASSIFICATION (ACTING PAY)
A. Temporary Upgrade Premium
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification when (1) a vacancy in that higher classification exists; (2) the City is actively seeking to fill the vacancy on a City Council/RSA Agenda 165 Tuesday, January 25, 2022
permanent basis: and (3) the employee has been assigned and worked for a period of one full shift (non-cumulative), shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary. The employee must initiate appropriate departmental documentation and submit such documentation through the chain of command.

B. Acting Out of Class Premium
During an absence of a week or more of a Sergeant which cannot be covered by another Sergeant the Chief of Police may appoint an Acting Sergeant to replace the Sergeant during the absence. The designated employee shall be paid five percent (5%) above their regular base salary. Such appointments should be for a minimum of thirty-seven (37) hours. The designated employee must assume the actual patrol supervisor schedule of the absent Sergeant. Work assignments of unit members shall not be changed for the sole purpose of evading the acting pay requirements.

2.3 SALARY STEP SCHEDULE
Salary Step increases shall be implemented in the following manner:

A. An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs.

B. An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.

2.4 MINIMUM COURT TIME
A bargaining unit employee who is required to attend court during off-duty time in response to a valid subpoena received as a result of their City employment shall be paid a minimum of four (4) hours at time-and-one-half their regular rate of pay for their classification. The following conditions and exceptions shall apply:

A. An employee may receive a minimum court time allowance of four (4) hours of overtime pay only once in any day. The four (4) hour minimum will be paid only for the first appearance of the day.

B. An employee shall not be paid for a lunch period of one (1) hour or less when courts take an actual luncheon recess.

C. An employee who has received the minimum court time pay of four (4) hours at the overtime rate for their first appearance shall be entitled to a minimum pay of one (1) hour at the overtime rate for their second appearance on the same day.

D. An employee subpoenaed to court one-and-one-half (I 1/2) hours or less after the end of a regularly scheduled shift shall extend their previous shift to make their court appearance. The four (4) hour minimum shall not apply.

E. An employee subpoenaed to court four (4) hours or less before the beginning of a regularly scheduled shift shall extend the beginning of their upcoming shift to the time they are subpoenaed to appear in court. The four (4) hour minimum shall not apply.

City Council/RSA Agenda 166 Tuesday, January 25, 2022
To be entitled to compensation under this section, employees in an off-duty status at the time of the scheduled court appearance shall confirm with the police department subpoena clerk on or before 1700 hours (5:00 p.m.) on the court day preceding the scheduled court date to determine if an appearance is required. If the court appearance is canceled after it has been confirmed by the police department subpoena clerk and the employee reports for court, then compensation will be authorized. If the employee fails to contact the police department subpoena clerk but reports for court and the appearance has not been canceled compensation will be authorized. However, if the employee does not contact the police department subpoena clerk but reports for court and the police department subpoena clerk had been notified of the cancellation the employee will not be compensated.

2.5 OVERTIME
A. Overtime
All time worked beyond the employee's normal schedule or shift shall be compensated at time and-one-half the employee's regular rate or accumulated as compensatory time off at time-and-one-half the employee's regular rate pursuant to current regulations and the agreements contained herein. Employees will receive overtime pay for overtime worked when the relevant compensatory time bank is full.

Overtime compensation shall be computed to the nearest minute.

Overtime pay for scheduled overtime assignments shall commence at the time an employee is instructed to report and end upon completion of the assignment. At the discretion of the Chief of Police, or his or her designee, overtime work may be assigned twenty-four (24) hours in advance of commencement of the assignment.

For sworn employees, the Fair Labor Standards Act (FLSA) overtime is hours actually worked in excess of one hundred seventy-one (171) hours in a twentyeight (28) day designated work period. For all other employees, FLSA overtime is hours actually worked in excess of forty (40) hours in a seven (7) day designated work period. All other hours qualifying for overtime under the first paragraph of this section shall be considered non-- FLSA overtime.

B. Compensatory Time Off
Employees may accrue up to a maximum of 200 hours of CTO. Employees who had accrued more than a total of 200 hours of non-FLSA and FLSA CTO prior to adoption of this MOU shall be permitted to retain their CTO balances but may not accrue further CTO until their balance falls below 200 hours.

CTO shall be granted in accordance with current time off practice taking into account, but not limited to, staffing minimums and workload. CTO requests shall not be granted during the time of natural disasters, labor disputes, scheduled community events, Continuing Professional Training classes or other similar occurrences demanding additional personnel, or during New Year’s Eve, New Year's Day, Fourth of July, Thanksgiving Day, Christmas Eve, and Christmas Day as the granting of time in these instances would be unduly disruptive to the functioning of the Department and services provided to the community.

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Employees are encouraged to make requests to use CTO as far as possible in advance of the date(s) the employee wish to use their CTO.

2.6 MINIMUM CALL BACK
A call back occurs when a bargaining unit employee has completed an assigned shift, has left the employee's duty station, and is then required to return to work. Under these circumstances, the employee shall be paid a minimum of three (3) hours at time-and-onehalf the employee's regular rate for being required to return to work, unless the employee is required to return to work to rectify the employee's own error. For purposes of recording time, the call back begins at the time the employee is notified of the requirement to return to work. An employee who is required to return to work to rectify their own error shall be paid at time-and-one- half the employee's regular hourly rate from the time of arrival at the duty station to the time the error has been corrected.

2.7 EARLY CALL IN
An early call in occurs when an employee is required to appear early for their regularly scheduled shift. When an employee is required to report to their duty station for a regularly scheduled shift prior to that shift's assigned report time, the employee shall be paid at time-and-one-half the employee's regular hourly rate from the time of arrival at the duty station to the beginning of their regularly scheduled shift.

2.8 MINIMUM CALL IN
A call in occurs when an employee, while on a regular day(s) off, on vacation, or on some other form of elective time off, is required to report to work at a time that is not otherwise considered to be either "Call Back" or "Early Call In." In these situations, an employee shall be paid a minimum of two (2) hours at time-and-one- half the employee's regular hourly rate from the time they arrive at their duty station.

2.9 MEAL ALLOWANCE
A meal allowance of ten dollars ($10.00) shall be paid to an employee who works two (2) or more hours immediately following a regular shift and for each four (4) hours thereafter.

No receipts shall be required.

No meal allowance will be paid if the City provides a meal for the employee(s). However, employees shall be entitled to a meal allowance, even if the City provides a meal, if the employees work assignment/duty station or duties being performed, render them unable to respond to the location of the meal or have it delivered to them.

2.10 CANINE HANDLER DIFFERENTIAL
All canine handlers shall be compensated for time spent training and caring for their assigned canine and associated travel, including but not limited to travel time to and from training, at the rate of seven and one-half percent (7.5%) of base salary.

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Based upon experience of canine handlers represented by the Association, it is estimated that canine handlers work approximately one hundred and fifty-six (156) hours per year performing such work outside of their regularly scheduled shifts. The parties agree that this compensation conforms with the provisions of Leever v. Carson City, 360 F.3d 1014, 1017 (9th Cir. 2004) as they pertain to the compensation of canine handlers.

Canine handlers attending the Department's mandatory training scheduled the second and fourth Tuesday of each month shall be compensated for the 3-hours of training when they attend on Off-Duty time. The compensation is for the hours actually spent training and does not include travel to and from the training location.

2.11 SPECIALTY PAY
The following "specialty pay" premiums shall be deemed to be within the discretion of the Chief in the sense that this additional pay shall be contingent on the bargaining unit member performing their duties at an "At Standard" performance level or better. Bargaining unit members not performing at an “At Standard" performance level or better acknowledge that a transfer from the section, and subsequent loss of pay, is a management right and is not punitive in nature. As such the bargaining unit members agree that assignment to, and transfer from, the section, is wholly at the discretion of the Chief of Police and not subject to any form of administrative appeal.

A. Detective/Investigations Premium

1. Professional Standards Unit (PSU)
The Sergeant assigned to the Professional Standards Unit shall receive a five percent (5%) investigations premium for the term of their assignment. The PSU Sergeant shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day unless the PSU Sergeant has provided prior notification they will be unavailable.

2. Investigations
The City will compensate each sworn bargaining unit member assigned to the Investigations Section, including those sworn bargaining unit members assigned to Special Services Unit (SSU), five percent (5%) of their base salary while assigned to the Investigations Section. Bargaining unit members placed in a semi-permanent assignment in the Investigations Section shall receive an additional two and onehalf percent (2.5%) premium for a total of seven and one-half percent (7.5%) of their base salary.

This specialty pay will not apply to sworn bargaining unit members temporarily assigned to the section by virtue of, but not limited to, modified duty assignments, short term special needs assignments, etc.

In consideration of specialty pay one (1) detective assigned to the Investigations Section per week will be designated and serve as the 'On- call" detective. The detective so designated shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day for a consecutive seven (7) day period.

The City should provide on-call detectives with a City vehicle for use in the course and scope of his duties during the on-call period. The Investigations Section Sergeant will be responsible for scheduling the on-call detective.

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The on-call detective will carry a department-issued cell phone and will respond to calls and callouts during the entire designated period. Failure to respond to calls and or callouts will result in no specialty compensation for the indicated call-out period.

This compensation agreement will be monitored weekly and reviewed every six months for compliance and effectiveness.

B. Traffic/Motors Premium
The City will compensate each sworn bargaining unit member assigned to the Traffic Unit five percent (5.0%) of their base salary while assigned. Bargaining unit members placed in a semi-permanent assignment in the Traffic Unit shall receive an additional two and one-half percent (2.5%) premium for a total of seven and one-half percent (7.5%) of their base salary.

In consideration of specialty pay, one (1) employee assigned to the Traffic Unit per week will be designated and serve as the "on-call" traffic investigator. The employee so designated shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day for a consecutive seven (7) day period. The Traffic Unit Sergeant will be responsible for scheduling the on-call traffic investigator.

C. Training Officer Premium
The City will compensate each sworn bargaining unit member assigned to the full time Field Training Program seven and one-half percent (7.5%) of their base salary.

Temporary/ Reserve Field Training Officers (FTO) will be compensated seven and onhalf percent (7.5%) only when assigned to a trainee.

Full-time FTOs will be used in the Acting Sergeant capacity to work vacant supervisory shifts. Full-time FTOs are not eligible for an additional 5% acting out of class premium pay when working in an Acting Sergeant capacity. Employees in other assignments that receive specialty pay shall only receive a total of seven and one-half percent (7.5%) specialty pay premium when assigned to a trainee.

2.12 BILINGUAL COMPENSATION
The City will compensate each bilingual Association member forty-six dollars and 15 cents ($46.15) per pay period. All employees requesting compensation under this agreement must pass a City test. The test will examine the employee's ability to converse fluently in a language other than English. No additional compensation will be paid to employees fluent in more than one language.

Compensated employees agree to utilize their bilingual skills whenever called upon.

This compensation agreement will be reviewed every six (6) months for compliance and effectiveness. The City reserves the right to revoke this agreement at any time for noncompliance or for organizational effectiveness and efficiency.

2.13 LONGEVITY PAY
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The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion of their nineteenth year of permanent full-time service with the City of Union City. Employees with a break in service from Union City will receive credit for their prior bargaining unit employment with Union City in calculating longevity. Part-time employment or employees working in designated part-time positions or in positions not represented by the bargaining unit do not apply. All credited time must be as a permanent, full time bargaining unit member employed by Union City to be eligible.

2.14 CRIME SCENE TECHNICIAN ON-CALL COMPENSATION
The City will compensate one Crime Scene Technician (CST) one hundred dollars ($100.00) per week for on-call compensation. The on-call CST agrees to be on- call and available to respond in a timely manner whenever the need for a CST exists. The on-call CST will be available for call outs twenty-four (24) hours a day for a consecutive seven-day (7) period. The Investigation Unit Sergeant will be responsible for scheduling the on-call CST. The on-call CST will be determined by a rotating schedule, which utilizes all participating CST's. CST's will be included in the oncall rotation for three years. The CST can remain on the on-call rotation if the CST agrees to a longer term and the City is in agreement.

CST's receiving the on-call compensation will carry a department-issued cell phone and will respond to calls and callouts during the entire compensated period. Failure to respond to calls and/or callouts will result in no compensation for the indicated call-out period.

This compensation agreement will be monitored weekly and reviewed every six months for compliance and effectiveness.

2.15 AUTOMATIC PAYROLL DEPOSIT
Payroll payments shall be deposited through the Automated Payroll Process to an account designated by the employee. Employees have the responsibility to designate an account that meets the requirements of Automated Clearing House (ACH).

SECTION 3.00 RETIREMENT BENEFITS

3.1 SWORN CLASSIC MEMBERS
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the Employer Paid Member Contributions (EPMC) on behalf of the sworn CalPERS classic members in the POA bargaining unit. These payments are equal to 9% of the member employees' reportable income and are reported to CalPERS as special compensation.

Sworn employees hired by City prior to November 24, 2010, are provided benefits pursuant to the CalPERS 3% at 50 benefits formula described in Government Code Section 21362.2, using the single highest year as the final compensation period.

Sworn employees hired on or after November 24, 2010, are provided benefits pursuant to the CalPERS 3% at 55 formula described in Government Code Section 21363.1, using a three-year final compensation period.

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Beginning in 2011, the Parties agreed that sworn members would begin providing the City with pre-tax cost sharing payments to cover portions of the City's portion of the pension costs.

The historical cost sharing payments made by sworn POA members are as follows:
• Effective July 1, 2011, 1 .0%
• Effective the payroll period including January 1, 2013, 5.0% • Effective June 30, 2013, 9.0%
• Effective July 1, 2015, 10.5%
• Effective July 1,2016, 12%
The City continues to pay the full 9% EPMC and reports the value to CalPERS for all classic sworn members.

3.2 NON-SWORN CLASSIC MEMBERS
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the Employer Paid Member Contributions (EPMC) on behalf of the non-sworn CalPERS classic members in the POA bargaining unit. These payments are equal to 7% (Classic Tier 2) or 8% (Classic Tier 1) of the member employees' reportable income and are reported as special compensation to CalPERS.

Tier 1: Non-Sworn employees hired by City prior to November 24, 2010, are provided benefits pursuant to the CalPERS 2.5% at 55 benefits fo1mula, using the single highest year as the final compensation period.

Beginning in 2006, the Parties agreed that non-sworn Tier 1 members would begin providing the City with pre-tax cost sharing payments to cover portions of the City's portion of the pension costs. The historical cost sharing payments made by the Tier 1non-sworn POA classic members are as follows:
• Effective July 1, 2006, 3.5%
• Effective October 18, 2010, 4.5%
• Effective the payroll period including January 1, 2013, 6.25% • Effective payroll period including January 1, 2014, 8% Tier 2: Non-Sworn employees hired after November 24, 2010, are provided benefits pursuant to the CalPERS 2% at 60 formula, using a three-year final compensation period. These employees provide cost sharing payments at the rate of 7% to cover part of the City's portion of CalPERS contributions.

The City continues to pay and report to CalPERS the full EPMC (8% for Tier 1 and 7% for Tier 2) for all non-sworn classic members.

3.3 “NEW MEMBERS” AS DEFINED IN PUBLIC EMPLOYEE PENSION REFORM ACT (PEPRA)
The retirement plan formulas and employee contributions for "new members" shall be those established by AB 340 (2.7%@57 for sworn personnel; 2.5%@67 for miscellaneous/non-sworn personnel). All new members will contribute 50% of the normal cost of their respective benefits as determined by CalPERS on a pre-tax basis. In the event that the sworn classic employee City Council/RSA Agenda 172 Tuesday, January 25, 2022
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contributions provided herein, above, exceed the contribution required for sworn "new members" pursuant to PEPRA. Sworn "new members" shall contribute an additional amount to provide equal contributions for all sworn personnel.

3.4 FOR ALL ASSOCIATION MEMBERS
The City agrees to continue its contract with PERS to allow for the following optional benefits:

Credit For Unused Sick Leave (Government Code Section 20965); 1959 Survivor Benefit, Level 1; Military Service Credit As Public Service, with the eligible employee required to contribute both the employer's and employee's contributions and interest (Government Code Section 21024); Improved Non-Industrial Disability Allowance (Government Code Section 21427); PreRetirement Optional Settlement 2 Death Benefit (Government Code Section 21548); and Death Benefit -Remarriage (Government Code Section 21551).

SECTION 4.00 LEAVE ADMINISTRATION

4.1 SICK LEAVE ALLOWANCE
Employees shall earn 3.69 hours per pay period of sick leave without limit on accumulation.

Employees or new hires who are absent without pay for any reason for more than thirty-seven (37) hours during a pay period do not earn sick leave benefits for that pay period. Employees shall have sick leave absence deducted in hourly increments. Sick leave shall be taken in periods of no less than one hour.

Recognizing that newly hired employees may experience either personal or family illness that may be sufficiently severe to prevent their coming to work, the Chief of Police has the discretion to take such administrative measures as the Chief of Police deems appropriate to prevent the employee from suffering a loss of compensation. Each incident shall be evaluated on its own merits on a case-by-case basis, and any action taken by the Chief of Police shall be nonprecedent-setting.

A bargaining unit employee may convert thirty-seven (37) hours of the employee's accrued sick leave to vacation provided that the employee has four hundred (400) or more hours of accrued sick leave and used twelve and one half (12.5) or less hours of sick leave during the fiscal year.

A bargaining unit employee may convert twenty-five (25) hours of the employee's accrued sick leave to vacation provided that the employee has four hundred (400) or more hours of accrued sick leave and used more than twelve and one half (12.5) but less than twenty-five (25) hours of sick leave during the fiscal year A request to convert sick leave to vacation based on sick leave usage in the previous fiscal year must be made by the employee on or between July 1, and July 31, of the fiscal year immediately following the fiscal year for which the employee is seeking transfer of time on a form provided by the Finance Department. For purposes of this paragraph, sick leave utilized for the birth or adoption of a child, including but not limited to bonding leave, shall not be counted toward the limitations on sick leave use for purposes of determining eligibility for converting sick leave to vacation.

4.2 SICK LEAVE UTILIZATION
Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, or sickness or injury in the immediate family, if the immediate family member lives in the same City Council/RSA Agenda 173 Tuesday, January 25, 2022
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household as the employee. Immediate family means mother, father, sister, brother, spouse, child, grandparent, grandchild, father- in-law, mother-in-law, brother-in-law, sister-in-law, son-inlaw, daughter-in law, stepfather, stepmother, stepchild, domestic partner, or other individuals residing in the household for whom the employee has legal guardianship. The City understands that certain members of the nuclear family of the employee (children and parents of the employee) may not live full time in the same household of the employee, yet the employee may still be a primary caregiver for the individual. In these cases, and upon verification that the employee is a primary caregiver (e.g., Divorce decree, Durable Power of Attorney, etc.), the City recognizes the employee has the responsibility for care of the individual and use of sick leave would be appropriate. Employees shall, whenever possible, make medical, dental and similar appointments outside of working hours and days. If this is not possible, sick leave or personal leave may be utilized for these purposes for a minimum of one (1) hour and up to four (4) hours (except in unusual circumstances). If the employee wishes to use personal leave for medical or dental appointments, the employee shall state that it is for a medical or a dental appointment when submitting the request for time off.

The City will apply sick leave usage according to the Federal Family Medical Leave Act and the California Family Rights Act.

Employees who have scheduled elective time off, and who has completed their last regularly scheduled work assignment prior to the scheduled elective time off, may not substitute sick leave for the scheduled elective time off.

The following will be the policy regarding the use of Sick Leave for the listed holidays:

On Thanksgiving, Christmas Eve, Christmas, New Year's Eve, New Year's day, and the 4th of July those employees, assigned to work, who believe that they are too ill to work shall be directed to respond to St. Rose Hospital, or other health care facility currently utilized by the City, to be examined by a physician in order to determine the nature of the illness and if it will affect the employees ability to report to work. A written medical report will be required.

Should an employee feel that he/she is too ill to respond to St. Rose Hospital, or other health care facility currently utilized by the City, for an examination, another employee of the department will respond to transport the ill employee to the hospital. This will be accomplished at the convenience of the Watch Commander taking into account available resources.

The employer may elect to have the hours taken from other time banks to cover the anticipated absence of employee who requests to use sick leave for purposes expressed under this section, and who does not have any sick leave hours in their time bank. The banks from which the employer may select time from are (in order): personal leave, holiday time, and vacation time.

The employer must receive authorization from the employee before taking any comp-time hours from the employee's comp-time bank.

Effective July 1, 2012, employees who do not use any sick leave for six (6) consecutive months shall be credited with one (1) additional Floating Holiday. The number of hours for each Floating Holiday earned as a result of this section shall be the same number of hours as the employee's workday at the time the Floating Holiday was earned (e.g., an employee working a 4/10 shift shall receive a 10-hour Floating Holiday, while an employee working a 3/12 work schedule shall receive a 12.33-hour Floating Holiday). For purposes of this paragraph, sick leave utilized for the birth or adoption of a child, including but not limited to bonding leave, shall not be counted toward determining an employee’s eligibility to be awarded a floating holiday.

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4.3 SICK LEAVE NOTICE AND CERTIFICATION
In order to achieve compensation while absent on sick leave, the employee or someone on their behalf shall notify the employee's immediate supervisor prior to the time set for reporting to work, except in unusual circumstances. When an absence is for thirty-seven (37) or more consecutive work hours, the employee must file a physician 's certificate with the employee's supervisor, stating the cause of the absence. The supervisor shall forward the certificate to the Administrative Services Director. When the absence is for thirty-seven (37) or more consecutive work hours and is due to sickness or injury in the immediate family, the employee must file a physician’s certificate stating the family member’s cause of illness with the supervisor. The supervisor shall fo1ward the certificate to the Administrative Services Director.

4.4 OCCUPATIONAL INJURY LEAVE
Employees injured while on duty shall receive worker's compensation benefits as prescribed by state law. For a non-sworn employee’s injury or disability that is covered under the state Worker's Compensation Act, the employee is entitled to additional compensation equal to the difference between the employee's regular pay and their disability compensation allowable for a total not to exceed one hundred seventy-six (176) hours per year or equal to one-half (1/2) of the amount of the employee's accumulated sick leave as of July 1 of each fiscal year. Included in the calculation of the one hundred seventy-six (176) hours granted, will be compensation for any waiting period.

Following exhaustion of this benefit, the employee may utilize accumulated sick leave to the extent available to make up the difference between the employee's regular pay and their disability compensation allowance.

4.5 OCCUPATIONAL INJURY/ILLNESS MEDICAL APPOINTMENT
The parties agree that employees may use a reasonable amount of on-duty time to obtain physical therapy, or attend medication appointments as required by a medical doctor for the rehabilitation of industrial injuries, subject to the following conditions:

A. The employee shall submit a written request (UCPD#131) to the employee's Division Commander as soon as an appointment or series of appointments are scheduled, but no less than twenty-four (24) hours in advance of the scheduled appointment in accordance with departmental procedures (emergency requests shall be reviewed by the Division Commander on a case-by-case basis). Appointments shall be scheduled at the beginning or end of the employee's scheduled shift or modified shift, as much as possible, to minimize adverse impacts to Department operations.

B. The amount of time spent at such appointment(s) shall be reasonable and may include time spent traveling to and from the work site as well as time actually spent receiving therapy.

C. On return from the appointment(s), the employee shall submit to the employee's supervisor a completed fo1m (UCPD#131) indicating the total amount of time spent for the rehabilitation of the employee’s industrial injury.

D. All requests submitted in accordance with this procedure shall be subject to the review of Police Management, on a case-by-case basis, to determine the reasonableness of the requested time off.

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is of paramount consideration in the administration of this policy. The parties shall discuss specific issues and problems arising from the administration of this policy with a view for the reasonableness of the individual situations, and impact on the department's operating commitments.

4.6 PERSONAL LEAVE
Personal business activities are business activities that cannot be conducted at a time other than during the employee's workday. Personal leave shall not be used as a substitute for, or in conjunction with, vacation leave, nor shall it be used to attend social activities.

The employee must request non-emergency personal leave at least twenty-four (24) hours (one day) in advance on the form provided. In cases of emergency, the twenty-four (24) hour notification procedure may be waived by the on-duty Watch Commander or employee's immediate supervisor, provided the appropriate form is completed and the reason for the request is provided.

The City agrees that the approval of Personal Leave is not dependent upon minimum staffing levels. In addition, the City will backfill staff vacancies, which fall below minimum staffing levels, due to the approval of Personal Leave. Finally, in those rare instances where more than one employee per shift may request leave using the Personal Leave time bank, the City reserves the right to limit the number of employees off per shift for operational and safety needs.

The Association accepts that during certain times of the year a request for personal leave may raise questions as to whether the request falls within the guidelines of this policy regarding personal leave. A request by a supervisor for a further explanation does not infer that the request will be denied; and the employee should be willing to provide a reasonable explanation.

Personal Leave requests occurring between 2200-0600 will require verification for any date. In addition, employees requesting Personal Leave on Thanksgiving, Christmas Eve, New Year's Eve, Christmas Day, New Year's Day, or the 4th of July will require verification that the usage conforms to the instances enumerated in this section.

The City shall allow twenty (20) hours per year of accumulated sick leave to be used for conducting personal business activities. In the employee's first fiscal year, an additional eight (8) hours of personal leave may be accumulated in addition to the regular twenty (20) hours allowance, increasing the personal leave allowance to twenty-eight (28) hours within the fiscal year.

In addition, employees who have accumulated a minimum of one hundred (100) hours of sick leave as of July 1 may utilize eight (8) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year. Employees who have accumulated two hundred (200) hours of sick leave as of July 1 may utilize twelve (12) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year. Personal leave hours credited under this provision are non-- cumulative. The maximum number of personal leave hours available in any fiscal year is forty (40). This maximum is available to an employee who is credited with the annual twenty (20) hours, accumulates the allowable eight (8) hours and is eligible for the additional twelve (12) hours.

Personal leave should be used judiciously and not abused to the detriment of either the Association or the City. The Association will monitor the use of personal leave and will meet quarterly with the City in an effort to identify any problems or abuses as they arise, and to work jointly with the City to alleviate any identified problem areas.

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4.7 LEAVE OF ABSENCE
The City Manager, upon written request of a full time non-probationary employee may grant for the good of the service a leave of absence without pay for a maximum period of one (1) year.

Leaves authorized under this Section shall include educational leave, maternity leave, and leave for any other purpose promoting the good of the service. Permission for such leave shall be in writing and signed by the City Manager. Upon expiration of such leave, the employee shall be reinstated to the position held at the time the leave was granted. Failure of the employee to report promptly at the expiration of the leave or within a reasonable time after notice to return to duty shall terminate the employee's right to be reinstated.

4.8 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed forty (40) hours upon the death of a member of the employee's immediate family. Immediate family is defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepchild, domestic partner, or other individuals residing in the household for whom the employee has legal guardianship. Employees shall be granted up to one workday’s bereavement leave to attend the funeral of a close relative not in the employee's immediate family (for example, aunts or uncles).

Employees shall also be granted time off to attend the funerals of fellow employees consistent with operating requirements.

Bargaining units’ members agree that the intent of this section is to allow time for the bargaining unit member, upon the death of an immediate family member as defined above, to deal with issues associated with the death (e.g., Attend the service/memorial, handle legal matters associated with the death, clean out belongings of the individual, etc.).

To be eligible for the paid bereavement leave the employee shall sign a City verification form indicating the relationship of the deceased to the employee and the date of death.

4.9 HOLIDAYS
Effective upon adoption of the agreement, each represented employee (sworn and non-sworn) shall receive stime credit in the following manner:

Sworn Employees
In lieu of time off for holidays observed by the City, each sworn employee shall be paid for seventy-nine (79) hours of the one hundred and twenty-six (126) hours of holiday time. The remaining forty-seven (47) hours of holiday time shall be credited to the sworn employees' Holiday Time Bank on July 1st of each year.

Non-Sworn Employees
In lieu of time off for holidays observed by the City, each non-sworn employee shall be paid for sixty-six (66) hours of the one hundred and twenty-six (126) hours of holiday time. The remaining sixty (60) hours of holiday time shall be credited to the non-sworn employees' Holiday Time Bank on July 1st of each year.

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Holiday Pay
Benefit
Total Holiday
Hours
Paid Holiday
Hours
Banked Holiday
Hours
Sworn 126 79 47
Non-Sworn 126 66 60
All Employees
Holiday time is paid at the employee's regular rate with payments to be made in twenty-six (26) equal payments corresponding with each pay period.
o All new employees shall have their holiday time bank hours prorated o An employee may carry over up to one hundred twenty-six (126) hours unused balance in their holiday time bank from one fiscal year to the next fiscal year o If an employee has accumulated holiday time that exceeds 126 hours, and does not have scheduled holiday time off during the current fiscal year that would reduce the employee's accumulated holiday time bank below 126 hours, the Chief of Police can mandate that an employee use their accumulated holiday time, subject to the following:
o The Chief of Police must provide the affected employee with at least seven (7) days' notices before mandating use of accumulated holiday time o The affected employee can utilize the seven (7) days’ notices to identify an alternative (date or dates) to utilize their accumulated holiday time o Mandated use of accumulated holiday time must be for full shifts only In the event the Chief of Police fails to exercise this authority, an employee will be able to carry over accrued holiday time in excess of 126 hours from one fiscal year to the next. However, in such circumstances, the employee's accrual of holiday time in the following fiscal year will be reduced by an equal amount. See example diagram below.

In the event any employee separates from the Department (for any reason), the employee's hours in their holiday time bank shall be paid at the employee's regular rate of pay.

Sworn
0 47 47
50 47 97
130 43 173
Non
Sworn
0 60 50
50 60 110
130 56 186
Bal @ end
of FY
Hours loaded
@ Beginning of
FY
Holiday Time
Bank Balance
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Employees separating from the City prior to July 1stshall have their holiday time off prorated and any overage paid by the City shall be deducted from any sum owed the employee by the City upon separation. ·
Requests for Holiday Time Off shall be made in accordance with the Department's vacation use procedure. Employees may only reserve a maximum of six (6) weeks of Vacation and/or Holiday Time during the annual vacation sign up period.

Procedures For Filling Vacancies
The following procedure for filling vacancies will be applicable for the following holidays only:

Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. At all other times, barring unusual, unexpected, and exigent circumstances, the past practice of filling vacancies/absences will be adhered to (i.e., Posting vacancy for overtime, calling for volunteers, ordering any available personnel in to work).

1. All vacation time scheduled during the "Vacation Sign-Up" period will be honored.

Should a vacancy/absence occur the method for filling the vacancy/absence shall begin with section 3 listed below.

2. Time off consisting of a full regularly scheduled workweek, be it 37 hours or 49 hours, shall be honored. Should a vacancy/absence occur the method for filling the vacancy/absence shall begin with section 3 listed below.

3. Should a vacancy/absence occur more than one (1) week prior to a listed holiday the vacancy/absence shall be posted for overtime in accordance with current practice until one week prior to the listed holiday.

4. Should the vacancy/absence remain unfilled utilizing the method specified in Section 3 the Watch Commander for the affected shift shall review the time off request forms from all employees requesting less than a full regularly scheduled shift, and, in order of date requested, order the last employee of the affected shift granted time off to report for duty on the affected date. The Watch Commander shall continue with this method until minimum staffing levels have been attained or until there are no other employees who have requested time off.

5. Should a vacancy/absence still remain after following the methods listed in section 3 and 4 the Watch Commander shall order in to work the least senior employee in the affected section who has the affected holiday off. The Watch Commander shall continue to order in to work the next least senior employee in the affected section who has the affected holiday off, and will continue in order of seniority, until minimum staffing levels have been attained.

Any Employee entering into agreements for "Watch Swaps" on the listed holidays shall be ultimately responsible for ensuring that their slot on the holiday is filled. Should an employee with whom a "Watch Swap" has been negotiated be unable to fulfill the "Swap" the scheduled employee shall work the holiday or make other arrangements with another qualified employee to work the holiday.

4.10 VACATION
Full-time employees shall earn vacation as follows:

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Years of Service Pay Period Accrual Rate Annual Accrual Rate 0- 3 years 3.08 hours 80 hours
4 - 8 years 4.62 hours 120 hours
9 - 12 years 5.38 hours 140 hours
13 - 15 years 6.15 hours 160 hours
16 + years 7.69 hours 200 hours
Employees may not use vacation benefits while they are participating in a Field Training Program.

Vacation accrues bi-weekly and may be accrued to a maximum balance of two times the annual accrual.

Employees absent without pay for more than thirty-seven (37) hours during a two week pay period do not earn vacation benefits for that pay period.

Effective on the adoption of the agreement, the City shall create an annual leave bank.

Employees with vacation balances that exceed their annual accumulation shall have all hours in excess of their annual accumulation placed in their annual leave bank.

Employees cannot accrue additional leave in their annual leave bank.

All vacation scheduled and taken after the adoption of the agreement, shall derive from equal parts of accumulated vacation leave and annual leave bank, or entirely from the annual leave bank if there is no accumulated vacation leave balance, until such time as the employee's annual leave bank has been exhausted.

Employees shall continue to select their desired vacation schedule on the basis of seniority. In selecting their vacation schedule, employees may utilize holiday time and accrued compensatory time off in addition to vacation leave in order to have sufficient time to take a particular work week off. The total amount of vacation leave that can be selected is based on the employee's current vacation accrual rate. For example, if an employee accrues four weeks a year in vacation accrual, the employee can sign up for four weeks of vacation leave using vacation, holiday, and compensatory time banks for the time leave.

Under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay. At the time of distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation and/or compensatory time off in the preceding twelve (12) months. • The employee must have a remaining balance of at least forty (40) hours following the sell back.

Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation sellback program. It is the employee’s sole responsibility to address City Council/RSA Agenda 180 Tuesday, January 25, 2022
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the tax consequences of cashing out accrued leave or the vacation sellback program.

4.11 JURY DUTY
An employee summoned to jury duty shall not suffer a loss of pay or other benefits by reason of jury service. If at least one-half (1/2) of the employee's normal day shift remains after being released from service, the employee shall return to work. If the employee's work shift is other than a day shift the employee shall not be required to report to work on that day if the jury duty service is greater than four
(4) hours, excluding travel time and lunch break.

Employees working other than a day shift who are scheduled to serve on jury duty shall be allowed eight (8) hours rest time between the scheduled shift and the time they are to report to jury duty (or example, an employee scheduled to work 1430- 0250 and scheduled to report for jury duty at 0800 shall be adjusted off at 0001 to allow sufficient rest time). For the purpose of this Section, "day shift" shall be defined as work assignment commencing between 0500 and 1200 hours.

The employee summoned to jury duty shall be required to provide the City with court verification of the date and time of service.

4.12 WATCH SWAPS
The City of Union City and the Union City Police Officers' Association (UCPOA) agree to the following conditions for the implementation of "Watch Swap" for the benefit of the members of the UCPOA:

A. "Watch Swaps" are allowed between members of the UCPOA occupying the same job classification.

B. Requests for consideration for "Watch Swaps" shall be documented on the UCPD Absence Report (UCPD # 131, Rev. 10/05) and are subject to approval by the Department.

C. The employee normally scheduled for a shift involved in a "Watch Swap" will be ultimately responsible for ensuring the "Watch Swap" occurs or the shift is covered. For "Watch Swaps" resulting in unscheduled absences the time to cover the absence shall be deducted from the scheduled employee's elective time bank. The ultimate responsibility to cover the shift, or cover the absence, rests with the employee normally scheduled for the shift and not with the employee consenting to cover the shift on a "watch swap." D. When it becomes apparent that a previously scheduled and approved "Watch Swap" will not be able to be fulfilled, and the absence would result in the shift staffing below approved minimum staffing levels, the Department will not authorize overtime to staff the shift to minimum staffing levels. In such an instance it will be the responsibility of the normally scheduled employee to staff the shift or arrange for an alternate "Watch Swap." E. "Watch Swaps" are acknowledged by the UCPOA as private agreements between the individual members and as such are not subject to terms and conditions of the Fair Labor Standards Act (FLSA) as they are; A) Voluntarily undertaken and agreed to solely by the employees and, (B) Approved by the Department.

4.13 MILITARY LEAVE
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The City shall provide eligible employees military leave benefits in accordance with State and Federal statutes, as well as any City policies, rules or regulations that provide benefits that exceed state and federal statutes.

SECTION 5.00 HEALTH AND WELFARE BENEFITS

5.1 HEALTH PLAN
Effective January 1st, 2017, the City agrees to contribute to a cafeteria plan an amount up to Two Thousand Dollars ($2,000) per month toward the cost of medical, dental and vision premiums and other eligible benefits for all bargaining unit members, regardless of in which plan(s) they are enrolled.

5.2 LIFE INSURANCE
The City agrees to provide one hundred thousand dollars ($100,000.00) for life insurance and accidental death and dismemberment coverage for all bargaining unit employees. Increased life insurance may be added at the employee's expense.

5.3 DISABILITY INSURANCE
The City agrees to pay the disability insurance premium per bargaining unit employee to a carrier designated by the Association.

5.4 SPOUSAL/ALTERNATE COVERAGE
Employees who are covered for medical benefits through a spouse's or domestic partner's alternative medical insurance plan · may elect not to enroll in a city medical plan. In lieu of medical coverage, the City will contribute to the employee's deferred compensation account, or add to salary, three hundred dollars ($300.00) per month. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of alternate medical coverage.

5.5 RETIREE MEDICAL PLAN
Benefit - Employees Hired Prior to January 1st, 2013
Retirees are not required to continue in the existing City or Association medical health plans upon retirement. Retirees shall receive the benefit monies under this Section in monthly payments. The City will annually require appropriate documentation to verify the cost employees are paying for medical coverage. Because of the documentation required, the City will not provide retirees a 1099R form.

Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service as a member of Union City Police Officers Association- Fifty percent (50%) of the cost up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $1,000 per month.

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Seventy five percent (75%) of the cost up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $1,500 per month.

After twenty-five (25) years of service as a member of Union City Police Officers AssociationOne hundred percent (100%) of the cost up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $2,000 per month.

For those who retire, fifty percent (50%) of the above benefit will continue to any eligible surviving spouse or domestic partner, as long as the surviving spouse or domestic partner does not remarry or enter into another domestic partnership recognized under California law.

In addition, effective July 1, 2002, the minimum benefit payable for any current retiree in the plan will be $400 per month.

Benefits - Employees Hired on Or After January l, 2013
After fifteen (15) years of service as a member of the Union City Police Officers Association - Fifty percent (50%) of the cost up to the CalPERS Bay Area Kaiser Single benefit to a maximum of $500 per month.

After twenty (20) years of service as a member of the Union City Police Officers Association - Seventy-five percent (75%) of the cost up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $750 per month.

After twenty-five (25) years of service as a member of the Union City Police Officers Association - One hundred percent (100%) of the cost up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $1000 per month.

Contributions
Effective the first payroll period following ratification, employees will contribute one and one-half percent (1.5%) of salary per pay period to pre-fund the Union City Retiree Medical Fund (UCRMF). The City shall match employee contributions each payroll period to further pre-fund the UCRMF. Employees in the Dispatcher Clerk classifications will be provided the option to decline further participation in the retirement medical benefit. Such employees exercising this option will not be required to make any employee contributions to the UCRMF. In the event the City terminates the agreement to contract out dispatching services to the City of Fremont, Dispatcher Clerk employees that previously opted not to participate in the retirement medical benefit, shall be permitted to rescind their decision to opt out, and shall be reinstated in the preexisting retirement medical benefit including all years of service. Further, such employees shall be credited for all years of service for pay periods in which contributions were not made, however, such employees shall be required to provide unpaid contributions to the UCRMF within 60 days of rescinding their decision to opt out.

The City will contribute annually to the fund an amount reasonably necessary to fund the above benefit.

Retiree Medical Benefits shall be available until such time as the retiree or spouse is eligible for Medicare, at which time the retiree medical plan benefits shall be limited to Medicare Supplemental Benefit.

When a retiree's spouse is a full-time employee of Union City, the retiree medical benefit shall commence when their spouse either retires or leaves employment with the City. At no time shall retiree and spouse receive double retiree medical benefits either as an active employee and City Council/RSA Agenda 183 Tuesday, January 25, 2022
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retiree or when both employee and spouse are retired.

Retiree Medical Committee
Following the adoption of this agreement, the City and the UCPOA shall convene a joint committee, to review data, financial statements, GASB/OPEB reports and analyses, and discuss benefit issues concerning the retirement medical plan.

5.6 DOMESTIC PARTNERS
A "Domestic Partnership" shall exist between two persons, one of whom is an employee of the City of Union City, if the employee and Domestic Partner are registered as Domestic Partners with the California Secretary of State's Office. Domestic Partners shall have the same rights, protections and benefits, as well as the same responsibilities, obligations and duties provided to current and former spouses under California State law and this MOU, including the rights to community property, defined benefit pensions and health benefits of the employee. The employee must provide proof to the City's Personnel Office that the employee has registered with the California Secretary of State's Office as a Domestic Partner. The employee must also promptly notify the City's Personnel Office should the employee's Domestic Partnership end.

Cohabitating heterosexual couples that satisfy all of the requirements for Domestic Partnership under California law other than being of the same gender shall be entitled to the same dental and vision benefits as Domestic Partners, but shall have no other rights, including rights to health contributions or other benefits or accruals, than other couples who are not married or in a registered Domestic Partnership recognized by California law. Cohabitating couples that satisfy the requirements of this section must file an "Affidavit of Cohabitation" with the Personnel Office to qualify for the dental and vision benefits. The employee must also promptly notify the City's Personnel Office should the employee's cohabitating relationship as set forth in this paragraph and in the "Affidavit of Cohabitation" end.

SECTION 6.00 UNIFORMS

6.1 UNIFORM ALLOWANCE
The annual uniform allowance provided for each position represented shall be:

Sworn $1,250.00
Community Service Aide $1,000.00
Public Services Officer $1,000.00
All Other Non-Sworn $1,000.00
For new employees, the initial uniform allowance shall be four hundred fifty dollars ($450.00) for a Police Officer and three hundred twenty-five dollars ($325.00) for non-sworn personnel.

Uniform allowance payments shall be made in twenty-six (26) equal payments coinciding with each pay period. Employees whose official City position classification is eligible for payment of a uniform allowance shall be required to wear the designated uniform during all on-duty hours, except as may be exempted by the employee's Division Commander.

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SECTION 7.00 MISCELLANEOUS PROVISIONS

7.1 SALARY UPON PROMOTION
In the case of promotions within the bargaining unit, the City agrees to pay the promoted employee a minimum of five percent (5%) above the top step salary including additional compensation under 2.10 and 2.11 for the position from which the employee was promoted.

7.2 PROFESSIONAL ACHIEVEMENT PROGRAM
The purpose of the professional achievement program is to encourage and reward the educational and professional achievements of the career law enforcement employee, who, by preparing for advancement, has contributed to raising the efficiency and effectiveness of the Police Department.

This program applies to both sworn and non-sworn. Employees may receive compensation for either the P.O.S.T. Certificate Incentive or the Education Incentive, but not both.

The employee must provide written notification and all proper documentation to the City for eligibility in this Professional Achievement Program. Academic degrees from institutions submitted for incentive pay must be from an institution listed by an accrediting agency recognized by the United States Department of Education. Requirements for eligibility are as follows:

A. SWORN EMPLOYEES
P.O.S.T. Incentive

2.5%: Possess Intermediate P.O.S.T. Certificate

5.0%: Possess Advanced P.O.S.T. Certificate
Education Incentive

2.5%: Possess AA or AS Degree

5.0%: Possess BA or BS Degree
In no case will the total incentive (P.O.S.T. Incentive and/or Education Incentive) received under this Professional Achievement Program for sworn employees exceed 5.0%.

B. NON-SWORN EMPLOYEES

2.5%: Possess AA or AS Degree

5.0%: Possess BA or BS Degree

7.5%: Possess MA or MS Degree
In no case will the total incentive (Education Incentive) received under this Professional Achievement Program for non-sworn employees exceed 7.5%.

7.3 LAYOFF PROCEDURE
Pursuant to Section 2.40 of Ordinance No. 149-76, the City Council may abolish any position or City Council/RSA Agenda 185 Tuesday, January 25, 2022
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employment in the competitive series and the incumbent(s) of such positions may be laid off, demoted, or transferred, without disciplinary action. The City Council shall notify the City Manager (Appointing Authority) of the intent to layoff whenever layoffs are necessary in the interest of economy or whenever the necessity for the position(s) no longer exists. The Appointing Authority shall immediately notify all employees, and the Union City Police Officers' Association (POA), of the proposed action and allow reasonable time for representatives of the City and POA to meet and confer on the effects, if any, of the proposed actions, and consider such alternatives as they may propose. Such notification shall include notice of all public hearings regarding the action.

The criteria applied in determining particular employees to be laid off, transferred, or demoted, shall be those specified in this side letter of agreement.

Unless specifically mentioned in this side letter, all other layoff and reemployment procedures shall remain in effect as specified in City Personnel Rule Thirteen.

Layoff Procedure (Supersedes 13.01 of Rule 13)

1. Layoff shall be on a citywide basis by prescribed classification.

2. No regular employee in an affected classification shall be laid off if the City retains employees with non-regular status in the same classification. Employees with nonregular status in an affected classification shall be laid off in the following order:
emergency, seasonal, temporary, provisional, and probationary.

3. If authorized part-time positions in a particular classification remain after the abolishment of full-time, regular and non-regular positions, the part- time position shall be offered to the next eligible full-time employee within that classification.

4. The order of layoff by classification shall be in reverse order of seniority within classification. Seniority shall mean time employed by the City based on promotion date and hire date, uninterrupted by continuous employment service to the city of Union City.

5. Employees on paid or unpaid leaves of absence at the time of a layoff shall be treated the same as if they were in an employed status and do not waive right to reinstatement according to their seniority status.

6. Seniority shall be computed on the basis of promotion/employment dates with uninterrupted breaks in service, including time spent in temporary, provisional or probationary employment status before obtaining permanent employee status.

7. Seniority dates will be adjusted to reflect any break in service, which would include all unpaid leaves of absence, excluding leaves as a result of "on the job” injuries.

8. For the purposes of seniority calculation, time spent in the classification of police recruit I or II shall be considered the same as police officer.

9. If two or more employees have the same seniority for a given classification, the order of layoff shall be determined by their position on the police department seniority list (the list most commonly used to determine the vacation and shift sign-up order).

10. A Police Department employee who is laid off has the right of displacement to a position previously held within the Police Department, or to a position held by the least senior person in the successive lower classification series (position supervised), provided the following criteria are met:

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a. The laid-off employee's total seniority time within classification (the total of time in current classification plus time spent in lower classification to be bumped) exceed the total seniority time of at least one employee in the lower classification.
b. The laid off employee meets the full qualifications of the lower classification:
and,
c. The laid off employee has either served in the classification series or has been supervisory to the classification being considered.

11. The Appointing Authority shall first communicate to the Administrative Services Director the classification(s) of positions to be considered for layoff. The Administrative Services Director shall provide to the Appointing Authority a list of employees who will be affected by the proposed layoff, together with designation of seniority. The Appointing Authority shall assign remaining staff to existing functions and services in a manner that in their opinion best reflects the City's organizational needs and priorities. Such assignments and/or reassignments shall be consistent with the employee's classification.

12. In lieu of displacing an employee to a part-time position or to a position status that differs from their position held prior to layoffs, an employee may choose to be laid-off without jeopardizing their reinstatement rights.

Section 13.02 of Rule 13 shall remain intact.

Section 13.03 of Rule 13 shall remain intact, with the exception of the following sections:
a. Lay-off time that exceeds 30 days shall cause the seniority date of the employee to be adjusted commensurate with the length of absence exceeding thirty days, with the exception of determining vacations as set forth in Rule 13. b. An employee who voluntarily separates from the Police Department shall have no right to placement on any lay-off list created as a result of a lay-off in their former classification. They will retain re- employment rights consistent with City Personnel Rules, after those on the lay-off list have been rehired or refused an offer to be rehired.

7.4 WORK SCHEDULE AND SHIFT SELECTION
The parties agree to work a 3/12:20/40 Work Schedule for sworn positions in Patrol and Traffic Operations. All other bargaining unit staff shall work a 4/10/40 schedule. Implementation of these work schedules is subject to the conditions
agreed upon by the Association and the City, as memorialized in the collective agreement between the parties effective 1996 - 1999.

The parties agree that if the Chief of Police, for operational needs, deems it necessary to temporarily change the above schedules, those personnel assigned to work a 3/12:20/40 work schedule shall have their work schedule altered to no less than a 4/10/40 work schedule.

Shift selection shall remain in effect for twelve (12) months for all eligible members with less than City Council/RSA Agenda 187 Tuesday, January 25, 2022
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(10) years of seniority within the Department; all eligible members with ten (10) or more years seniority may select shifts for twenty-four (24) months. This option is applicable only to those sworn employees assigned to the patrol function. This option is not applicable to non-sworn employees or sworn employees assigned to specialties. The Association and City agree to review the shift selection issue after two years of implementation of this section and to Meet & Confer on potential refinement thereto.

7.5 POLICE OFFICER RECRUIT
Non-lateral sworn employees shall be hired with the classification of "Police Officer Recruit II". "Police Officer Recruit II" shall be compensated in the same fashion as the classification of "Police Officer" with the following exceptions:

A. Prior to successful completion of a P.O.S.T. approved academy, a Police Officer Trainee shall be compensated at a salary of five dollars ($5.00) less per hour than that of an "A" step Police Officer.

B. Upon successful completion of a P.O.S.T. approved academy, "Police Officer Recruit II" shall be compensated at a salary range of two dollars and fifty cents ($2.50) less per hour than that of an "A" step Police Officer until successful completion of the Union City Police Department Recruit Field Training Program.

C. Upon successful completion of the Union City Police Department Recruit Field Training Program, the employee shall be compensated at the "A" step salary rate for the position of Police Officer.

Candidates qualifying as lateral hires, and hired as such, shall be hired as Police Officers at the salary step commensurate with their experience as determined by the City.

7.6 LEAVE OPEN

7.7 PROBATIONARY PERIOD – POLICE OFFICER
Probationary period for Police Officer shall commence upon appointment or promotion to the rank of Recruit II, i.e., Start of Field Training period.

SECTION 8.00 GRIEVANCE PROCEDURE

8.1 PURPOSE
The purpose of this Grievance Procedure is to promote communication and improve employeremployee relations by establishing a process to encourage settlement of disputes. The parties recognize that it is in their mutual interest to resolve problems expeditiously at the lowest possible administrative level. Any resolution of dispute at this level must be consistent with the terms of this Agreement.

8.2 GRIEVANCE DEFINITION
A grievance shall be defined as a dispute arising from the application or interpretation of a specific Article or Articles of this Agreement or specific section(s) of the City Personnel Rules. A City Council/RSA Agenda 188 Tuesday, January 25, 2022
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disciplinary action imposed by the City shall not be cause for a grievance unless it is specifically alleged that such action represents an incorrect application or violation of this Agreement. In no event shall this Agreement alter or interfere with the disciplinary procedure previously followed by the City, or provided for by the City Personnel Rules and Regulations, ordinance or law, including the procedure for disciplinary appeals as provided in Section 9.00 of the City Personnel Rules.

8.3 PROCEDURE FOR GRIEVANCES
Step 1 - Police Captain:

The affected bargaining unit employee and/or his or her Union representative shall submit a written grievance to the employee's Police Captain within ten (10) working days of the date the grievant knew or could reasonably have become aware of the alleged violation. The written grievance shall contain the following information:
a) a statement of the grievance, the facts upon which it is based, and the person(s) involved.
b) the specific Section(s) of this Agreement, the City Personnel Rules, or other regulations alleged to have been violated.
c) the remedy requested; and
d) the aggrieved employee's signature.

The Police Captain shall respond in writing within ten (10) working days of receipt of the written grievance. The written response at this step (and all management responses at all steps hereafter) shall contain the following information:
a) an affirmation or denial of the facts upon which the grievance is based. b) an analysis of the alleged violation of the Agreement, or the City Personnel Rules. c) a response to the remedy requested; and
d) the Police Captain's signature.

Step 2 - Police Chief:

If the grievance is not resolved at Step 1, the grievant or the grievant Union Representative shall submit the written grievance to the Police Chief within ten (10) working days of receipt of the Police Captain's written response. The Police Chief shall respond in writing to this grievance within ten (10) working days of receipt of the written grievance.

Step 3 - City Manager:

Should the grievance remain unsolved at Step 2, the written grievance shall be submitted within ten (10) working days of receipt of the Step 2 response to the City Manager or City Manager's designee, who shall meet with the Union Representative within thirty (30) working days of receipt of the written grievance. The City Manager or City Manager's designee shall provide a written response within ten (10) working days of the date of discussion with the Union Representative.

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Step 4 - Arbitration:

If the grievance is not resolved at Step 3, the Union Representative shall, within ten (10) working days of receipt of the Step 3 response, notify the City Manager in writing of the request to submit the grievance to arbitration.

Arbitration:

If the parties are unable to mutually agree on the selection of an arbitrator, the names of the five (5) arbitrators shall be obtained from the California State Mediation and Conciliation Service. By coin toss, the losing party shall strike one
(1) name from the panel list. The other party shall strike one (1) name alternately until only one (1) name remains, who shall serve as the arbitrator. The city and the Union agree to divide equally the cost of the arbitrator and the court reporter. Each party shall bear their own respective costs of making their presentation to the arbitrator, including but not limited to, their own attorneys' fees, expert witness fees, regular witness fees, and related costs. The arbitrator's decision shall be final and binding; however, the arbitrator shall have no power to add to, subtract from or alter, change or modify the terms of this Agreement or the City's Personnel Rules, and the arbitrator's power shall be limited to the interpretation or application of this Agreement or the City's Personnel Rules. The arbitrator shall issue a written decision within forty-five (45) calendar days of the close of the hearing or issue a bench decision if mutually agreed to and requested by both parties to this Agreement.

Time Limits:

Any time limits specified in this Grievance Procedure may be extended by mutual agreement.

Requests for an agreement to extend any deadline shall be confined in writing. Except for time extensions by mutual agreement, failure by the employee or the Union to follow the established time limits shall cause the grievance to be considered withdrawn. Failure by the City to follow the established time limits shall cause the grievance to be settled in favor of the employee.

Witnesses:

Persons who have direct knowledge of circumstances relating to the grievance may be released from their duties to provide testimony at any stage of the proceedings. At the request of either party, witnesses who have not yet testified may be sequestered from the hearing. The grievant or the grievant Union Representative shall provide reasonable advance notification to the City of any requests to release employees from their regular duties to attend any such proceedings.

Employees shall be compensated at their regular rate of pay for actual time spent in such meetings.

SECTION 9.00 DISCIPLINE

9.1 DISCIPLINARY INVESTIGATIONS
All sworn members shall be afforded all rights listed in the Government Code Sections 3300- 3311, Public Safety Officer Procedural Bill of Rights Act. The City shall utilize the same procedures for all non-sworn employees for conducting investigations, entering adverse comments into personnel files, permitting inspection of personnel files, and searching lockers.

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9.2 STANDARD DISCIPLINARY APPEAL PROCEDURE
An appeal from standard disciplinary action shall be in writing and subject to the following procedure. Appeals of written reprimands shall be appealable only to the Chief of Police (Department Head), with no further right of appeal.

Definition of Standard Disciplinary Action:

For the purpose of this provision, a standard disciplinary action shall mean a written reprimand, reduction in salary, equal to or less than a suspension of 160 hours, suspension equal to or less than 160 hours, or disciplinary transfer.

Procedure:

Appeals from standard discipline imposed by a Police Captain of Police Lieutenant must be initiated at Step 1. Appeals from standard discipline imposed by the Police Chief may be initiated at Step 2. Appeals from standard discipline imposed by the City Manager may be initiated at Step

3. Step 1 -Police Chief:

The employee may appeal standard discipline to the Police Chief or designee by submitting a written notice of appeal within ten (10) working days of receipt of notification of disciplinary action. Such appeal shall be made in person before the Police Chief or designee or filed in writing with the Police Chief or designee at a mutually agreed upon time after the employee's receipt of all investigation materials. The Police Chief or designee shall provide a written response to the employee within ten (10) working days after the later of either the employee submitting the appeal to the Police Chief or designee or providing an in-person response to the Police Chief or designee. There shall be no further appeal of a written reprimand beyond Step 1 of the Standard Discipline Appeal Procedure.

Step 2 - City Manager:

If the employee is dissatisfied with the response at Step 1, and the disciplinary action is one of the discipline actions defined in this section other than a written reprimand, the employee may file a written notice of appeal with either the City Manager or City Manager's designee. Such appeal shall be made in person before the City Manager or designee or filed in writing with the City Manager or designee within thirty (30) working days of receipt of the appeal from Step 1, or in the event there is no Step 1, at a mutually agreed upon time after the employee's receipt of all investigation materials. The City Manager or City Manager's designee shall provide a written response to the employee within ten (10) working days of the date of discussion with the employee and/or the employee's chosen Association Representative.

Step 3 - Factfinder:

If the employee is dissatisfied with the response of Step 2, and the disciplinary action is one of the discipline actions defined in this section other than a written reprimand, the employee or the employee's Association Representative may request involvement of a factfinder within thirty (30) days of the meeting held at Step 2, by filing a written notice with the City Manager or designee.

The names of five (5) factfinders shall be obtained from the California State Mediation and Conciliation Service. Beginning with a coin toss, the City and the Association shall alternately strike names from the list until one remains. The City and the Association agree to divide equally the cost of the factfinder and the court reporter. Each party shall bear their own respective costs City Council/RSA Agenda 191 Tuesday, January 25, 2022
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of making their presentation to the factfinder, including but not limited to, their ·own attorneys' fees, expert witness fees, regular witness fees, and related costs. The factfinder designated to hear the appeal shall submit findings of fact and conclusions to the parties. The fact-finder's recommendation must be accepted by both the Association and the City Council in order to be effective. In the event the fact-finder's recommendation(s) are rejected by either party, the determination at the prior level shall stand. The factfinder shall have no authority to add to, subtract from, alter, change, or modify the terms of this Agreement, and the fact-finder's power shall be limited to addressing the facts and merits of the disciplinary action being appealed.

9.3 MAJOR DISCIPLINARY APPEAL PROCEDURE
An appeal from a major disciplinary action shall be in writing and subject to the following procedure.

Definition of a Major Disciplinary Action
For the purpose of this provision, a major disciplinary action shall mean a reduction in salary equal to more than a suspension of 160 hours, suspension for more than 160 hours, a demotion, or discharge (termination).

Procedure:

Step 1 - City Manager:

The employee may appeal major discipline, if the disciplinary action is one of the disciplines defined in Definition of a Major Disciplinary Action, to the City Manager or City Manager's designee by submitting a written notice of appeal within ten (10) working days of receipt of notification of major disciplinary action. Such appeal shall be made in person before the City Manager or designee or filed in writing with the City Manager or City Manager's designee, at a mutually agreed upon time after the employee’s receipt of all investigation materials. The City Manager or City Manager’s designee shall provide a written response to the employee within ten (10) working days after the later of either the employee submitting the appeal to the City Manager or designee or providing an in-person response to the City Manager or designee.

Step 2 - Arbitration:

If the Association or the employee is dissatisfied with the response of Step 1, and the disciplinary action is one of the disciplines defined in Definition of a Major Disciplinary Action, the Association Representative may request involvement of an Arbitrator within thirty (30) days of the meeting held at Step 1, by filing a written notice with the City Manager or the City Manager's designee.

The names of seven (7) Arbitrators shall be obtained from the California State Mediation and Conciliation Service. The City and the Association agree to divide equally the cost of the list of Arbitrators. Beginning with a coin toss, the City and the Association shall alternately strike names from the list until one remains.

The City and the Association agree to divide equally the cost of the Arbitrator and the court reporter.

Each party shall bear their own respective costs of making their presentation to the Arbitrator, including but not limited to, their own attorneys' fees, expert witness fees, regular witness fees, and related costs.

The Arbitrator shall have no authority to add to, subtract from, alter, change, or modify the terms of this Agreement, and the Arbitrator's power shall be limited to addressing the facts and merits of the disciplinary action being appealed.

City Council/RSA Agenda 192 Tuesday, January 25, 2022
-36-
The decision of the Arbitrator shall be final and binding on the parties.

9.4 EXCLUSIONS/LIMITATIONS
The procedures set forth in Section 9.02 and 9.03 shall not be applicable to the following employees, nor not shall they be applicable to any City action(s) as to which an administrative appeal already exists elsewhere in this Agreement or law:
a) Probationary employees who are rejected during probation (except probationary employees are entitled to meet with the Police Chief); and b) any temporary or provisional employees.

9.5 CONDUCT OF HEARING
The hearing shall be conducted according to the Code of Civil Procedure, Section 1282, et seq.

9.6 TIME LIMITS
Any time limits specified in this Disciplinary Appeal Procedure may be extended by mutual agreement. Requests for an agreement to extend any deadline shall be confirmed in writing.

Except for time extensions by mutual agreement, failure by the employee, the Association, or City to follow the established time limits shall automatically cause the appeal to be moved to the next level.

9.7 WITNESSES
Persons who have direct knowledge of the circumstances relating to the appeal may be released from their duties to provide testimony. At the request of either party, witnesses who have not yet testified may be sequestered from the hearing. The parties shall provide each other with a final witness list within three (3) business days of the arbitration. The appellant or the appellant's Association Representative shall provide reasonable advance notification to the City of any requests to release employees from their regular duties to attend any such proceedings.

Employees shall be compensated at their regular rate of pay for actual time spent attending such meetings.

SECTION 10.00 SEPERABILITY
Should any section, clause, or provision of the Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions, and those other portions shall remain in full force and effect for the duration of this Agreement. Furthermore, the parties shall meet and confer pursuant to Government Code Sections 3500, et seq. for the purpose of arriving at a mutually satisfactory resolution regarding any invalid or unlawful provision.

City Council/RSA Agenda 193 Tuesday, January 25, 2022
-37-
SECTION 11.00 COMPLETION OF NEGOTIATIONS
During negotiations which resulted in this Agreement, both parties acknowledge that each had the right and opportunity to make demands and proposals with respect to all subjects within the scope of representation. Therefore, for. the term of this Agreement, the parties shall not be obligated to meet and confer with respect to any subject specifically referred to or covered in this Agreement, or to any subject discussed and later withdrawn by either party, except the parties shall meet quarterly to review those sidebar items identified in the negotiation process and any other contract(s) items that either party deems necessary.

Section 12.00
This Agreement shall continue in full force and effect from January 1, 2022, until December 31, 2024.

FOR THE CITY: FOR THE ASSOCIATION:
_______________________________ ___________________________ _______________________________ ___________________________ _______________________________ ___________________________ Date:______________ Date:___________
City Council/RSA Agenda 194 Tuesday, January 25, 2022
-38-
City of Union City and
Union City Police Officers’ Association
Side Letter of Agreement
This Side Letter is by and between Union City Police Officers’ Association (“POA”) and the City of Union City (“City”) and will become effective pending the ratification and approval of the 2021-2024 MOU between the City and the POA.

During negotiations for 2021-2024 MOU between the City and the POA, the POA presented its Proposal #7 on 10/13/21 to change the medical benefits for retirees hired on or after January 1, 2013 from the current Union City Retiree Medical Fund (UCRMF) program to a retiree medical expense reimbursement plan administered by the PORAC Retiree Medical Trust. Although there is a mutual interest in exploring the potential benefits of this proposal, the parties acknowledge that additional time is needed to analyze the proposal and its potential impacts.

To complete the negotiations for the 2021 MOU in a timely manner, the City and the POA agree to address POA Proposal #7 separately from the successor MOU negotiations. The POA hereby agrees to withdraw its Proposal #7 for the purposes MOU negotiations, and the City and the POA shall meet and confer in good faith over POA Proposal #7 upon the conclusion of negotiations for the 2021-2024 MOU.

The parties agree that no changes to retiree medical benefits shall be made absent mutual agreement of the parties.

The parties agree to schedule their first meet and confer meeting on this topic within sixty days of the approval of the 2021-2024 POA MOU by the City Council.

FOR THE CITY: FOR THE ASSOCIATION:
_______________________________ ___________________________ _______________________________ ___________________________ _______________________________ ___________________________ Date:______________ Date:___________
City Council/RSA Agenda 195 Tuesday, January 25, 2022
Appendix 1
For purposes of compiling labor market data, and comparing total compensation, the parties agree to use the following eight survey agencies:

Fremont Pleasanton
Hayward San Leandro
Milpitas Redwood City
Newark Livermore
Factors the parties considered relevant in deciding to use these comparison agencies include city revenue per capita; size of city budget; scope and type of municipal services provided; median household income; population served; number of city employees, and geographic proximity.

The salary and benefits that will be included in total compensation surveys shall be the following: Top Step Salary, Total Employee PERS Contribution for New Members (PEPRA), Uniform Allowance, Educational Incentive, and maximum employer contributions to Medical, Vision, and Dental premiums. The City and the Association further agree to survey Paid Time Off accruals (e.g. vacation, sick leave, holiday, annual leave, etc.) as part of total compensation studies for future negotiations, but such data will not be included in preparing Market Equity Adjustments.

City Council/RSA Agenda 196 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING PAYING AND REPORTING THE

VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) TO

CALPERS
Staff recommends that the City Council adopt a resolution approving paying and reporting the value of Employer Paid Member Contributions (EPMC) to CalPERS.

STRATEGIC PLAN ALIGNMENT
This action is not an identified strategy in the Strategic Plan.

BACKGROUND
The City has historically paid and reported Employer Paid Member Contributions (EPMC) to CalPERS.

Last year, CalPERS conducted audits of 60 agencies selected randomly throughout the state, including the City of Union City, to determine if these employers were correctly paying and reporting the value of EPMC.

As a result of the audit, CalPERS determined that the City of Union City did not have the proper resolution on file with CalPERS regarding paying and reporting EPMC. The attached resolution will resolve this issue.

DISCUSSION
In 2016, CalPERS conducted an audit of how the City was paying and reporting EPMC. The audit found that the City’s original resolution from 1994 implementing the EPMC benefit did not reflect the current percentages of EPMC that the City was paying and reporting to CalPERS at that time. The audit also found that the Memoranda of Understanding with the various bargaining units in effect at that time did not adequately reflect EPMC and cost-sharing. As a result of the 2016 audit, the City adopted Resolution No. 5057-17 approving Side Letters with the various bargaining units to amend the EPMC and cost sharing language in the MOUs.

The Side Letters and the Resolution were approved by CalPERS at that time. Therefore, the City believed that City Council/RSA Agenda 197 Tuesday, January 25, 2022
the actions taken in 2017 resolved all issues with CalPERS regarding the paying and reporting of EPMC.

However, in 2021, CalPERS conducted audits of 60 agencies selected randomly throughout the state, including the City of Union City, to determine if these employers were correctly paying and reporting the value of EPMC. As a result of the 2021 audit, CalPERS determined that the City of Union City did not have the proper resolution on file with CalPERS regarding paying and reporting EPMC.

CalPERS states that this new resolution, if adopted by the City Council, will resolve all issues regarding the paying and reporting of EPMC and will put the City in compliance with CalPERS regulations regarding this subject. Therefore, staff recommends that the City Counciladopt the attached resolution.

FISCAL IMPACT
There is no fiscal impact associated with adopting this resolution.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving paying and reporting the value of Employer Paid Member Contributions (EPMC) to CalPERS.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Resolution - CalPERS EPMC Resolution
City Council/RSA Agenda 198 Tuesday, January 25, 2022
RESOLUTION NO. ______-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,

CALIFORNIA, APPROVING PAYING AND REPORTING THE VALUE OF

EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) TO CALPERS
WHEREAS, the City Council of the City of Union City has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; and WHEREAS, the City Council of the City of Union City has written memoranda of understanding with the City’s bargaining units which specifically provide for the normal member contributions to be paid by the employer, and reported as additional compensation; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Union City of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council of the City of Union City has identified the following conditions for the purpose of its election to pay and report the value of EPMC:
 This benefit shall apply to all Classic Miscellaneous Employees hired on or before November 29, 2010; and
 This benefit shall consist of paying 8% of the normal contributions as EPMC and reporting the same 8% percent of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation; and WHEREAS, the City Council of the City of Union City has identified the following conditions for the purpose of its election to pay and report the value of EPMC:
 This benefit shall apply to all Classic Miscellaneous Employees hired on or after November 30, 2010; and
 This benefit shall consist of paying 7% of the normal contributions as EPMC and reporting the same 7% percent of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation; and WHEREAS, the City Council of the City of Union City has identified the following conditions for the purpose of its election to pay and report the value of EPMC:
 This benefit shall apply to all Classic Safety Police Employees; and  This benefit shall consist of paying 9% of the normal contributions as EPMC and reporting the same 9% percent of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation; and WHEREAS, the effective date of this Resolution shall be November 29, 2010.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby elect to pay and report the value of EPMC, as set forth above.

City Council/RSA Agenda 199 Tuesday, January 25, 2022
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City this 25th day of January, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 200 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: PUBLIC HEARING TO RECEIVE COMMUNITY INPUT REGARDING

DISTRICT BOUNDARIES FOR DISTRICT-BASED ELECTIONS
PURSUANT TO ELECTIONS CODE SECTION 21607.1 (2
nd HEARING) AND
PROVIDE DIRECTION REGARDING PROPOSED DISTRICT MAP –
START TIME AT 7:45 P.M.

As the City Council may recall, the City transitioned from at-large councilmember elections to district-based elections in 2019. This transition brought councilmember elections under the purview of the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the “Fair Maps Act” or “the Act”) which establishes certain procedural and legal requirements for reviewing the boundaries of voting districts and readopting new boundaries based on current census data. As part of the process, the City is required to provide the community with the opportunity to submit maps for review and consideration and must conduct a minimum of four public hearings.

The City Council held the first public hearing to receive community input regarding district boundaries for district-based elections on November 9, 2021. Following the first public hearing, the City engaged in community outreach and provided tools to allow members of the public to participate and propose potential district maps. The City received 3 proposed maps and the City’s consultant, National Demographics Corporation (“NDC”) prepared 3 proposed maps.

Staff recommends that the City Councilconduct a second public hearing to solicit community input on boundaries and composition of new councilelection districts, review the proposed maps, and provide direction regarding a proposed map.

STRATEGIC PLAN ALIGNMENT
This action is related to Goal B, Strategy 3 of the Strategic Plan:

3. Implement a new system of electing councilmembers by district and establish protocols for governance.

City Council/RSA Agenda 201 Tuesday, January 25, 2022
Dates Actions
November 9, 2021 Public Hearing #1* HELD
January 20, 2022 Deadline to Post Notice of Hearing # 2 January 25, 2022 Public Hearing #2*
February 17, 2022 Deadline to Post Notice of Hearing # 3 February 22, 2022 Public Hearing #3*: Introduce ordinance March 3, 2022 Deadline to Post Notice of Hearing # 4
March 8, 2022 Public Hearing #4*: FinalAdoption of Ordinance.

April 17, 2022 Deadline to Adopt final map for Novemberelections.

BACKGROUND
Every ten years, following the Federal Decennial Census, cities that use district-based election systems must review the boundaries of voting districts and re-adopt new boundaries based on current census data to ensure that the districts remain substantially equaland still protect the rights of members of communities of interest to vote for candidates of their choice. The Fair Maps Act establishes multiple requirements on the process of redistricting, including the need for public hearings.

The City hired National Demographics Corporation to serve as the City’s consultant and demographer to assist with the redistricting process. At the first public hearing on November 9, 2021, Mr. Robert McEntire provided a presentation with background regarding the redistricting process.

DISCUSSION
Union City Municipal Code Section 2.40.520 provides that members of the City Council for District 1 shall be elected every four years after November 2020. Districts 2, 3, and 4 shall be elected at the November 2022 general municipal election and every four years thereafter. In November 2020, the City’s voters participated in the first district-based election for District 1.

Since the City Council's transition to district elections, the State has enacted additional laws governing the redistricting process, which sets forth revised redistricting criteria and deadlines for the adoption of new boundaries by the local governing body, hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary map, and requirements to encourage resident participation in the redistricting process.

By law, the City must hold at least four public hearings to enable community members to provide input on the drawing of district maps. The City must hold at least one public hearing to receive input on the composition of the district maps before draft district maps are drawn. The City must hold at least two public hearings after the maps are drawn. If the Council provides direction regarding a proposed map, staff will return with a proposed ordinance for first reading at the third public hearing and, at the fourth and final public hearing, a proposed ordinance for adoption implementing the selected council election district map. The City has until April 17, 2022 to complete the redistricting process.

Timeline for Redistricting Hearings
The City Attorney’s Office developed the following schedule for hearings as part of the redistricting process:

City Council/RSA Agenda 202 Tuesday, January 25, 2022
*Hearings must be held in accordance with the Fair Maps Act.

The first public hearing was held on November 9, 2021. Consistent with the requirements of the Fair Maps Act and the schedule adopted, Staff recommends that the City Council conduct a second hearing on January 25, 2022 and consider the proposed maps that have been provided. At the January 25, 2022 public hearing, National Demographics Corporation will provide information regarding the draft maps and the legal standards for consideration of proposed districts. All proposed maps are attached to this staff report.

Public Outreach and Input Regarding Composition of Districts City staff have engaged in extensive public outreach consistent with the requirements under State law. This included establishing a committed link on the City’s main webpage where the public could obtain information and follow the redistricting process, multiple e-mail blasts, and providing information on social media.

Under State law, draft district maps must be published seven days prior to finaladoption.

Criteria for Consideration of District Boundaries
As the Council is aware, in addition to the requirements that the districts must be substantially equal in population based upon federal census data and in compliance with the U.S. and California Constitutions and the U.S. Voting Rights Act of 1965, the Act requires that Counciladopt the district boundaries based upon the following criteria in order of priority:

1. Be geographically contiguous;

2. Respect the geographic integrity of neighborhoods or “communities of interest” by minimizing division;

3. Be easily identifiable and understandable by residents and bounded by natural or other barriers, streets or City boundaries;

4. Encourage geographicalcompactness in a manner that nearby areas of populations are not bypassed for more distant populations; and

5. Not favor or discriminate against a political party.

FISCAL IMPACT
There are no direct costs associated with the City Councilconducting a public hearing to solicit community input on boundaries and composition of new councilelection districts.

RECOMMENDATION
Staff recommends the City Councilconduct a second public hearing to solicit community input on the potential boundaries and composition of new councilelection districts, consider the proposed draft maps, and provide direction on a preferred map for possible introduction by ordinance at the next public hearing.

Prepared by:

Shandyn Pierce, Associate Attorney
City Council/RSA Agenda 203 Tuesday, January 25, 2022
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
NDCMap 1 Attachment
NDCMap 2 Attachment
NDCMap 3 Attachment
Public Plan 1 Attachment
Public Plan 2 Attachment
Public Plan 3 Attachment
Power Point Attachment
City Council/RSA Agenda 204 Tuesday, January 25, 2022
880
4 1
3 2
Royal An
Dr
Alvarado Blvd
Union
City Blvd
Dyer St
Smith St
Decoto
Rd
H St
Mis ion Blvd
Alvarado Niles Rd
Whipple Rd Central AveAlmaden
Blvd
Lowry Rd
7th St
Railroad Ave
NDC Plan 201
Union City 2021/22 Redistricting
National Demographics Corporation, January 18, 2022
Total Population Deviation: 4.9%
Most Latino District: 2 (34% CVAP)
The boundaries of the current districts
are shown in black.

The boundaries of the proposed districts
are shown in yellow, with colored fill.

City Council/RSA Agenda 205 Tuesday, January 25, 2022 ©2021 CALIPER 880
4 1
3 2
Royal An
Dr
Alvarado Blvd
Union
City Blvd
Dyer St
Smith St
Decoto
Rd
H St
Mis ion Blvd
Alvarado Niles Rd
Whipple Rd Central AveAlmaden
Blvd
Lowry Rd
7th St
Railroad Ave
NDC Plan 202
Union City 2021/22 Redistricting
National Demographics Corporation, January 18, 2022
Total Population Deviation: 9.0%
Most Latino District: 1 (42% CVAP)
The boundaries of the current districts
are shown in black.

The boundaries of the proposed districts
are shown in yellow, with colored fill.

City Council/RSA Agenda 206 Tuesday, January 25, 2022 ©2021 CALIPER 880
3 4
1 2
Royal An
Dr
Alvarado Blvd
Union
City Blvd
Dyer St
Smith St
Decoto
Rd
H St
Mis ion Blvd
Alvarado Niles Rd
Whipple Rd Central AveAlmaden
Blvd
Lowry Rd
7th St
Railroad Ave
NDC Plan 203
Union City 2021/22 Redistricting
National Demographics Corporation, January 18, 2022
Total Population Deviation: 9.5%
Most Latino District: 1 (36% CVAP)
The boundaries of the current districts
are shown in black.

The boundaries of the proposed districts
are shown in yellow, with colored fill.

City Council/RSA Agenda 207 Tuesday, January 25, 2022 ©2021 CALIPER 880
1 3
4 2
Royal An
Dr
Alvarado Blvd
Union
City Blvd
Dyer St
Smith St
Decoto
Rd
H St
Mis ion Blvd
Alvarado Niles Rd
Whipple Rd Central AveAlmaden
Blvd
Lowry Rd
7th St
Railroad Ave
Public Plan 101
Union City 2021/22 Redistricting
National Demographics Corporation, January 18, 2022
Total Population Deviation: 7.9%
Most Latino District: 2 (34% CVAP)
The boundaries of the current districts
are shown in black.

The boundaries of the proposed districts
are shown in yellow, with colored fill.

City Council/RSA Agenda 208 Tuesday, January 25, 2022 ©2021 CALIPER 880
4 1
3 2
Royal An
Dr
Alvarado Blvd
Union
City Blvd
Dyer St
Smith St
Decoto
Rd
H St
Mis ion Blvd
Alvarado Niles Rd
Whipple Rd Central AveAlmaden
Blvd
Lowry Rd
7th St
Railroad Ave
Public Plan 102
Union City 2021/22 Redistricting
National Demographics Corporation, January 18, 2022
Total Population Deviation: 1.4%
Most Latino District: 2 (32% CVAP)
Not Contiguous
The boundaries of the current districts
are shown in black.

The boundaries of the proposed districts
are shown in yellow, with colored fill.

City Council/RSA Agenda 209 Tuesday, January 25, 2022 ©2021 CALIPER 880
4 1
3 2
Royal An
Dr
Alvarado Blvd
Union
City Blvd
Dyer St
Smith St
Decoto
Rd
H St
Mis ion Blvd
Alvarado Niles Rd
Whipple Rd Central AveAlmaden
Blvd
Lowry Rd
7th St
Railroad Ave
Public Plan 103
Union City 2021/22 Redistricting
National Demographics Corporation, January 18, 2022
Total Population Deviation: 1.6%
Most Latino District: 1 (39% CVAP)
The boundaries of the current districts
are shown in black.

The boundaries of the proposed districts
are shown in yellow, with colored fill.

City Council/RSA Agenda 210 Tuesday, January 25, 2022 ©2021 CALIPER January 25,
2022
Robert McEntire, Senior Consultant
National Demographics Corporation
Union City
Introduction to Redistricting
City Council/RSA Agenda 211 Tuesday, January 25, 2022
2 Redistricting Process
January 25, 2022
Step Description
Census Data Release
August 12, 2021
• Census Bureau releases official 2020 Census population data California Data Release
September 20, 2021
• California Statewide Database releases California’s official ‘prisoneradjusted’ 2020 redistricting data California Data Release
Early October 2021
• California Statewide Database releases California’s official ‘prisoneradjusted’ 2020 redistricting data.

Public Hearing #1
November 9, 2021
• Held prior to release of draft maps• Educate, solicit input on neighborhoods and Communities of Interest Redistricting Webpage
Launch
~November 15, 2021
• Dedicated website for community members to track the redistricting process through completion at http://drawunioncity.org
City Council/RSA Agenda 212 Tuesday, January 25, 2022
3 Redistricting Process (continued)
January 25, 2022
Step Description
Public Submit Draft Maps
January 11, 2022
• Two weeks after final pre-draft hearing• Two weeks prior to first post-draft hearing Public Hearing #2
January 25, 2022
• Held after release of draft maps• Educate, solicit input on neighborhoods and Communities of Interest • Discuss and revise draft maps; discuss election sequencing Public Hearing #3
February 22, 2021
• Public and Council deliberation on Map options. Council vote on preferred map and introduce the ordinance.

Public Hearing #4
March 8, 2021
Final map must be posted at least 7 days prior to adoption.Map adopted via ordinance.

City Council/RSA Agenda 213 Tuesday, January 25, 2022
4 Equal PopulationFederal Voting Rights ActNo Racial Gerrymandering Minimize voters shifted to different election yearsRespect voters’ choices / continuity in officeFuture population growthPreserving the core of existing districts

1. Federal Laws 2. California Criteria for Cities

1. Geographically contiguous2. Undivided neighborhoods
and “communities of interest” (Socio-economic geographic areas that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of people to get to a more distant group of people) Prohibited:“Shall not favor or discriminate against a political party.”

3. Other Traditional
Redistricting Principles
4 Redistricting Rules and Goals
January 25, 2022
City Council/RSA Agenda 214 Tuesday, January 25, 2022
5 Demographic
Summary of
Existing Districts
January 25, 2022
Estimates using
official 2020
demographic data
and NDC’s
estimated total
population figures.

Each of the 4
districts must
contain about
17,555 people.

Category Field 1 2 3 4 Total
Total Population 18,389 18,443 16,761 16,625 70,218 Population Deviation 835 889 -794 -930 1818Pct Deviation 4.75% 5.06% -4.52% -5.30% 10.36%Hispanic/Latino 20% 38% 17% 10% 22%NH White 14% 12% 9% 9% 11%NH Black 5% 4% 4% 5% 5%NH Asian/Pac. Isl. 58% 44% 67% 73% 60%NH Native Amer. 0% 0% 0% 0% 0%Total 12,531 11,943 12,672 12,363 49,509Hispanic/Latino 26% 39% 14% 9% 20%NH White 23% 21% 15% 16% 19%NH Black 6% 5% 7% 4% 6%NH Asian/Pac. Isl. 47% 39% 62% 70% 55%NH Native Amer. 0% 0% 0% 0% 0% Citizen Voting
Age Pop
Total Pop.
2020 Census
Union City - Current Plan
Total population data from California's adjusted 2020 Census data. Citizen Coting Age Population, Age, Immigration, nad other demographics from the 2015-2019 American Community Suvey and Special Tabulations 5-year data. ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

City Council/RSA Agenda 215 Tuesday, January 25, 2022
6 Latinos are concentrated in between Mission and
Alvarado Niles Road
January 25, 2022
Latino CVAP
City Council/RSA Agenda 216 Tuesday, January 25, 2022
7 Asian-Americans are
concentrated throughout the city
January 25, 2022
Asian-American
CVAP
City Council/RSA Agenda 217 Tuesday, January 25, 2022
8 African-Americans are
concentrated near Mission and Alvarado Niles Road
January 25, 2022
African- American CVAP
City Council/RSA Agenda 218 Tuesday, January 25, 2022
9 Defining Neighborhoods
1st Question: What is your neighborhood?2nd Question: What are its geographic boundaries?Examples of physical features defining a neighborhood boundary:
 Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills
 Areas around parks or schools Other neighborhood landmarks In the absence of public testimony, planning records and other similar documents may provide definition.

January 25, 2022
9 City Council/RSA Agenda 219 Tuesday, January 25, 2022 10 Beyond Neighborhoods:

Defining Communities of Interest
1st Question: What defines your community?
 Geographic Area, plus Shared issue or characteristic  Shared social or economic interest Impacted by county policies  Tell us “your community’s story”
2nd Question: Would this community benefit from being “included within a single district for purposes of its effective and fair representation”?  Or would it benefit more from having multiple representatives? Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates.

January 25, 2022 10
City Council/RSA Agenda 220 Tuesday, January 25, 2022
11 Union City Neighborhoods on Nextdoor (42)

A F N T
Anaheim-Antioch LoopsAshford PlaceAshton Place
Fair RanchFeldspar CtFoothill Glen
Nimitz Tamarack Knolls
TidewaterTown Estates

B G P U
Bay Colony-Delaine Eastin / Brookstone
Gemini DrGoodhaven
PacificPoint / Park RidgePioneer / Ponderosa
Union CityUnion Station

C L R W
Cambridge WayCasa VerdeCherry StreetsContempo
Logan Rose Crest Westview
Whipple Rd
D M S
DecotoDelores DriveDowe & CentralDownieville Empire Block MedallionMeridien CourtsMeridien VillasMission SierraMonrovia/Norwalk/NilandMonte Vista SeabreezeSeven HillsSkylarkSports Center
Possible Neighborhoods / Communities
January 25, 2022
City Council/RSA Agenda 221 Tuesday, January 25, 2022
12 Simple Map Drawing Tool
Paper “Public Participation Kit”
 For those without
internet access or
who prefer paper
 Total Population
Counts only – no demographic numbers
January 25, 2022
City Council/RSA Agenda 222 Tuesday, January 25, 2022
13 Simple Map Drawing Tool + Excel Supplement
“Public Participation Kit”
 For those who know Excel and
do not wish to use online tools
 Adds CVAP data Excel does the math
City Council/RSA Agenda 223 Tuesday, January 25, 2022
14 Public Hearing & Discussion
14  What is your neighborhood and what are its boundaries? What other notable areas are in the City, and what are their boundaries?
 Any questions about the mapping tools?Discussion on:
 “neighborhoods”  “communities of interest”
January 25, 2022
City Council/RSA Agenda 224 Tuesday, January 25, 2022
1515
Council District 1 2 3 4 TotalTotal Population 17,125 17,991 17,771 17,331 70,218Deviation From Ideal -430 436 216 -224% Deviation -2.45% 2.48% 1.23% -1.28% City Council/RSA Agenda 225 Tuesday, January 25, 2022
1616
Council District 1 2 3 4 TotalTotal Population 16,614 17,540 18,191 17,873 70,218Deviation From Ideal -941 -15 636 318% Deviation -5.36% -0.09% 3.62% 1.81% City Council/RSA Agenda 226 Tuesday, January 25, 2022
1717
Council District 1 2 3 4 TotalTotal Population 18,261 16,589 18,037 17,331 70,218Deviation From Ideal 706 -966 482 -224% Deviation 4.02% -5.50% 2.75% -1.28% City Council/RSA Agenda 227 Tuesday, January 25, 2022
1818
Council District 1 2 3 4 TotalTotal Population 17,657 16,592 17,985 17,984 70,218Deviation From Ideal 103 -963 431 430% Deviation 0.58% -5.49% 2.45% 2.44% City Council/RSA Agenda 228 Tuesday, January 25, 2022
1919
Council District 1 2 3 4 TotalTotal Population 17,676 17,440 17,543 17,559 70,218Deviation From Ideal 122 -115 -12 5% Deviation 0.69% -0.66% -0.07% 0.02% City Council/RSA Agenda 229 Tuesday, January 25, 2022
2020
Council District 1 2 3 4 TotalTotal Population 17,700 17,416 17,543 17,559 70,218Deviation From Ideal 146 -139 -12 5% Deviation 0.83% -0.79% -0.07% 0.02% City Council/RSA Agenda 230 Tuesday, January 25, 2022
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January 25, 2022 21
City Council/RSA Agenda 231 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE SUBMISSION OF A

JOINT APPLICATION FOR AND PARTICIPATION IN THE

HOMEKEY PROGRAM FOR THE REGIONAL PROJECT

RECLAMATION PROGRAM
Staff recommends the City Counciladopt the attached resolution authorizing the submittal of a joint application for Homekey Round 2 funds with other Alameda County cities and Bay Area Community Services (BACS) to acquire homes and convert them to supportive shared housing for people experiencing homelessness.

Specifically, the resolution:

1. Authorizes, and directs, the submission of a joint Application with BACS and other jurisdictions within Alameda County to the State of California Housing and Community Development Department ("HCD") in response to the Homekey Notice of Funding Availability, and to apply for Homekey grant funds in a totalamount not to exceed $20,000,000; and,

2. Authorizes, and directs, entering into, executing, and delivering a Standard Agreement with the Department in a total amount not to exceed $20,000,000, and any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and allamendments thereto if the Application is approved; and,

3. Acknowledges that the City shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and application will be incorporated in the Standard Agreement by reference and made a part thereof; that any and all activities, expenditures, information, and timelines represented in the application are enforceable through the Standard Agreement; and, that funds are to be used for the allowable expenditures and activities identified in the Standard Agreement; and,

4. Authorizes the City Manager, or their designee, to approve the final joint Application to the State and execute the Application and the Homekey Documents on behalf of the City of Union City for participation in the Homekey Program.

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

City Council/RSA Agenda 232 Tuesday, January 25, 2022
Goal C, Strategy 3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations and Alameda County.

BACKGROUND
In 2020, the State of California created the Homekey Program, which provides funding to local agencies and jurisdictions to acquire, rehabilitate, or master lease a variety of housing types, including hotels, motels, and other buildings, for the purpose of providing interim or permanent housing options for persons experiencing homelessness.

Administered by the California Department of Housing and Community Development (HCD), the program’s first award cycle made $600 million in grant funding available to local public entities, including cities, counties, or other local public entities, within California to purchase and rehabilitate a variety of housing types in order to serve people experiencing homelessness or at risk of serious illness from COVID-19.

The first funding cycle in 2020 provided $75 million to projects in Alameda County, including the acquisition of hotels participating in the Project Roomkey Program, the rehabilitation of a former student dormitory into a shelter and permanent supportive housing, and the acquisition of single-family homes to provide shared housing.

The State of California’s 2021/2022 budget provides at least $2.75 billion in acquisition and rehabilitation funds, as wellas $1 billion in funds for operating expenses. These funding amounts represent the State's largest investment in housing for the homeless. The goal of the next Homekey funding cycle, which is referred to as Homekey Round 2, is to house tens of thousands of individuals experiencing homelessness. The State has also established priorities for project readiness, team experience, racialequity, and community impact.

Applications for Homekey Round 2 funds will be available on a continuous, over-the-counter basis until May 2, 2022, but the deadline to access a geographic set-aside for Bay Area jurisdictions as well as a bonus award is January 31, 2022. Awarded projects will receive grants of up to $200,000 per housing unit, depending on the size of the unit and the sub-population served, in capital funds for acquiring and rehabilitating the sites. No local match is required for projects under this threshold, and projects with a local match may be eligible for an additional $100,000 per housing unit. Operating subsidies ranging from $1,000-$1,400 per unit per month are also available for units assisted with Homekey funds for two to three years, depending on the amount of local operating match provided. Program requirements for grantees include completing the project within twelve months of receiving the award, applying the core components of Housing First approach to addressing homelessness and using local Coordinated Entry System (CES) prioritization protocols.

DISCUSSION
Staff is requesting the City Council adopt a Resolution authorizing the submittal a joint application for Homekey Round 2 funds with other Alameda County cities and Bay Area Community Services (BACS) to acquire homes and convert them to supportive shared housing for people experiencing homelessness.

Since 1973, BACS has successfully operated supported independent living homes in Alameda and Contra Costa County. Under this highly cost-effective program model, BACS acquires, owns, operates, and manages small-site, scattered, residential properties for individuals with special needs, including those experiencing homelessness. Each resident is paired with a Care Coordinator who helps them build independent living skills through job support, benefits assistance, mental health support, financial assistance, job support, group activities, and money management. Residents learn skills by sharing responsibilities for cleaning, paying bills, and running their household.

City Council/RSA Agenda 233 Tuesday, January 25, 2022
In 2020, BACS and the City of Oakland were awarded Homekey funds for this model and successfully acquired 15 homes and created 129 units of permanent housing for people experiencing homelessness referred to as Project Reclamation. BACS proposes replicating Project Reclamation by creating a regional supportive shared housing program that can leverage the operationalefficiencies of a single operator.

In August 2021, the City of Livermore issued a Request for Information to find suitable partners and projects for submittal of a Homekey Application. BACS submitted a proposal in response to the RFI (Attachment 2), which became the basis of the multi-jurisdictional application. After receiving the proposal, the City of Livermore reached out to other Alameda County cities to see if other jurisdictions wanted to be co-applicants on the application.

The City of Hayward is participating and has offered to serve as the lead applicant for the program and assume the primary administrative responsibilities of managing the grant in coordination with BACS. The current project application budget anticipates acquiring 11 homes, 1 to 2 of which would be in Union City, with a capital award of $12.4 million dollars. If additional jurisdictions participate in the program, the funding request will be increased accordingly, not to exceed a total request of $20,000,000.

The proposed application will not require matching funds directly from the City. BACS and the co- applicant cities would instead request operating funding from the Alameda County HOME Consortium, which would fulfill the State’s operating match requirements. If the project is awarded funds and BACS acquires a property in Union City, the City will record a 55-year regulatory agreement against the subject property restricting the rents for extremely low-income households and establishing property maintenance and management standards.

As proposed, if BACS were able to secure a residential property in the City through the program, that site would have a preference for localcommunity members.

If this agenda item is approved, staff will work with BACS and the other participating cities to refine the program goals, secure matching funding from Alameda County HOME Consortium and submit the application prior to the January 31, 2022 deadline for regional priority consideration. Due to the complicated nature of the multi-jurisdictional application and some of State HCD’s application requirements, should the group not be able to submit an application during the regional priority round, staff will continue to work with the other jurisdictions to submit a Homekey application to request funding from a 20% set aside allocation of funding that State HCD has identified as part of their over-the-counter rolling application process. The 20% set aside allocation of funding does allow for some additional programmatic flexibility for the multi-jurisdictional application and awards are made on a continuous basis from the State untilall funding has been exhausted.

This innovative program will provide much needed housing and support services for community members experiencing homelessness.

FISCAL IMPACT
There is no fiscal impact to the General Fund. Homekey grant funds will pay the full amount of capital costs required to acquire and rehabilitate the units, as well as up to three years of funding to subsidize the project operations. Staff will look to utilize other additional Federal funds, including HOME funds, to help subsidize project operations after this time period. In addition, in partnering with the City of Hayward and BACS as a co-applicant, the amount of City staff time administering the grant will be reduced as well.

RECOMMENDATION
Staff recommends the City Counciladopt the attached resolution authorizing the submittal of a joint application City Council/RSA Agenda 234 Tuesday, January 25, 2022
for Homekey Round 2 funds with other Alameda County cities and BACS to acquire homes and convert them to supportive shared housing for people experiencing homelessness. Specifically, the resolution:

1. Authorizes, and directs, the submission of a joint Application with BACS and other jurisdictions within Alameda County to the State of California HCD in response to the Homekey Notice of Funding Availability, and to apply for Homekey grant funds in a totalamount not to exceed $20,000,000; and,

2. Authorizes, and directs, entering into, executing, and delivering a Standard Agreement with the Department in a total amount not to exceed $20,000,000, and any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and allamendments thereto if the Application is approved; and,

3. Acknowledges that the City shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and application will be incorporated in the Standard Agreement by reference and made a part thereof; that any and all activities, expenditures, information, and timelines represented in the application are enforceable through the Standard Agreement; and, that funds are to be used for the allowable expenditures and activities identified in the Standard Agreement; and,

4. Authorizes the City Manager, or their designee, to approve the final joint Application to the State and execute the Application and the Homekey Documents on behalf of the City of Union City for participation in the Homekey Program.

Prepared by:

Francisco Gomez, Jr., Housing and Community Development Manager Submitted by:

Francisco Gomez, Jr., Housing and Community Development Manager ATTACHMENTS:

Description Type
Resolution Resolution
BACS Informational Proposal to Livermore Attachment
Power Point Attachment
City Council/RSA Agenda 235 Tuesday, January 25, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING

THE SUBMISSION OF A JOINT APPLICATION TO AND PARTICIPATION IN THE

HOMEKEY PROGRAM FOR THE REGIONAL PROJECT RECLAMATION PROGRAM WHEREAS, The State of California Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg.

Sess.), § 20.); and
WHEREAS, City staff has worked in conjunction with the City of Livermore to utilize the City of Livermore’s Request for Information process that was released on August 11, 2021 which requested applications for “Projects and Properties to House People Experiencing Homelessness Through the Homekey Program” in which Bay Area Community Services submitted a proposal for the Project Reclamation supportive shared housing program and was selected; and WHEREAS, The City of Union City (the “Co-Applicant”) desires to jointly apply for Homekey grant funds with City of Hayward (the “Lead Applicant”). Therefore, Co-Applicant is joining the Lead Applicant in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and
WHEREAS, The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City:

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $20,000,000.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $20,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

City Council/RSA Agenda 236 Tuesday, January 25, 2022

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the StandardAgreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

4. The City Manager, or their designee, is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 237 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
Bay Area Community Services (BACS) was one of the initial 2020 Project Homekey funding recipients, in partnership with the City of Oakland, receiving $10 million for our “Project Reclamation” initiative.

BACS proposes to partner with the City of Livermore to expand replicate, expand, and strengthen our 2020 Project Homekey program model, Project Reclamation, beyond its initial reach in Oakland. BACS purchases single-family homes that are affordable, embedded in the community, to create “Co-Living Communities” and provide permanent housing for an average of 5.5 individuals per home.

1. Proposed Homekey Project Description _________________________________________________ Project Vision Overview and Project Type
Since 1973, BACS has been a leader in community-based, deeply affordable housing preservation work – operating Supported Independent Living (SIL) homes in Alameda County and Contra Costa County. The Project Reclamation model is simple: single-family homes, set up as co-op housing, where each person gets their own bedroom, door, lock, and key.

This innovative preservation model is about dignified, deeply affordable housing in a de-institutionalized and de-stigmatized environment – the local neighborhood. BACS acquires single-family homes, remodeling them to function as co-living environments with maximal privacy for residents, and dedicating them to the community in trust as for them and at rental rates that are one third of comparable market rates is the heart of the program.

BACS’ homes prevent isolation while promoting health & independence. We promote dignity by guaranteeing private bedrooms in homes embedded in the community. Clients share in cooking & other house activities, while receiving ongoing support. The longest-standing resident in this model has lived in a BACS housing co-op for over 30 years.

BACS’ Project Reclamation co-living approach promotes preservation of units in the local community and fights against gentrification that has ravaged communities of color; 95% of individuals living in BACS Co-Living models maintain their housing. The model is highly efficient in that it does not require a lifetime operating subsidy because the asset is owned and the rental income and some services revenue covers all operating expenses over time.

This project is unique because we find, purchase, and maintain full homes, creating micro-communities, where each individual has their own bedroom, lock, and key; where residents can share full kitchens and other common areas; where there is a yard and a living room. This is not typical shared housing, where residents have to settle for a kitchenette and a shared bedroom. These are homes, often in the neighborhoods where residents grew up, that residents can feel proud of. All Project Reclamation sites purchased in 2020 were within ½ mile of essential services including grocery, health, pharmacy, etc., and BACS will ensure the same for this project.

Developing these scattered site homes in neighborhoods is not only more sustainable in cost and production timelines, but also works against zoning restrictions that force many affordable housing projects to be far from neighborhoods and residents’ home communities. In the Bay Area, where over 83% of residential land is zoned for single-family homes, there are significant restrictions in where new affordable housing can be built. Acquiring homes also works to preserve not just affordable housing options, but the demography and culture of local communities. As it is dedicated to those being City Council/RSA Agenda 238 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
displaced, this project is rooted in a commitment to preserving historically Black and Brown neighborhoods where they are, in perpetuity – standing as statements against the effects of systemic racism displacing families from their rightful communities. Properties purchased in the last year include those pictured below:

Our vision is built upon the innovative legacies of Cecile Weaver (former director of BACS) and Ilene Weinreb (former BACS board of directors member and first female mayor of Hayward), who recently passed away at the ages of 103 and 89. They believed that family homes for vulnerable people who need additional support and community could change the face of mental health and affordable housing needs – and they were right. They and Barbara MacAuliffe, who remains BACS’ CFO and Chief Advisor, created a model of care 30 years ago and a vision of acquiring and operating single family homes – in perpetuity of the community trust they are held in as a non-profit.

Target Population
Project Reclamation is grassroots, eliminating barriers to long-term housing and targeting community members who would otherwise be unable to live independently due to complex physical or mental health issues, or other barriers like history of incarceration or homelessness. Rather than living on the streets, or being institutionalized, which is harmful for the individual and our community, participants get to live safely and healthily in the community of their choice. This is also the quickest way to get people into housing. BACS proposes to serve individuals experiencing homelessness, including people with disabilities, special needs, older adults, young adults/TAY, and single adults. Target population will be under 30% AMI.

City Council/RSA Agenda 239 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
BACS model is unique in that it remains low barrier and is based on Housing First methodology and philosophy, and deeply rooted in community preservation and anti-displacement. The Co-Living Program has been so successful with individuals with severe and persistent mental illness, co-occurring substance use disorders, and homelessness. The unique model of bring no more than six people together – peers who have walked in similar paths – creates a family-like environment – of kin.

Individuals tend to watch out over each other, eat meals together, support one another over time.

Proposed Number Housed
BACS requires the following initial criteria for site suitability:
• Number of bedrooms (or rooms that can be converted to private bedrooms) total a max of 6 • No Conditional Use Permit required to stay under threshold • Proximity to public transport and essential services
• At least 2 bathrooms and full kitchen
• Accessibility in at least 10% of locations
BACS owns nearly 50 properties and has strong quality control procedures around building design and quality. Houses are typically move-in ready. On average, there are 5-6 people living in each of our homes – each with their own bedroom, lock, and key.

Supportive Services
BACS runs the entire system of care within mental health and co-occurring specialty mental health services – all in the community – to keep people out of institutions/incarceration and to ensure effective and sustainable economic mobility to help our communities end the vicious cycle of homelessness, incarceration, institutionalization, poverty, and generational trauma. All tenants have access to BACS services if/when they need them including:
• Amber House – Oakland and Alameda County’s first Community Based Crisis Stabilization Unit • Crisis Residential Treatment
• Full Service Partnership for Older Adults, Teens, Forensically involved individuals, and chronically homeless individuals
• Over 2,000 slots of intensive case management, linkage, counseling, rehabilitation, support • Supported Employment for anyone interested in competitive employment • Community-based drop in Wellness Centers & Housing Resource Centers • Leader of Coordinated Entry in Oakland for individuals who are housing insecure/homeless • Largest targeted homeless prevention provider
• Linkage and specialty program for Benefits Advocacy
City Council/RSA Agenda 240 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
All of our tenants, upon move in, will be offering supportive services. All services above are offered and available to individuals based on need, and are met to be preventative. Tenants are provided info about the community-based Wellness Center and Crisis Center so that if a crisis pops up or an individual needs socialization or a basic need such as a meal, etc. they are always tethered to the geographically convenient center near them.

All individuals received the following on-site services by a Care Coordinator assigned to the individual house and the tenants that live in the house:
• Individual care coordination, 1 hour per week (as needed) • Wellness Checks when needed
• Group/House Meeting, 1-2 hours, 1x a week (group meeting to solve interpersonal conflicts, build community, create chore schedule for communal spaces, discuss house/community needs, etc.)
• Referral and linkage to higher levels of service based on need (ongoing) • Property Management – Property staff visits house 1x a week for house checks, support with rent payment, maintenance review, inspections, schedules.

Off-Site Tenancy Sustaining Services/Housing Care Management is such a critical component of the CoLiving model to support individuals to remain housed so that they do not fall back in to homelessness.

Housing Care Managers will carry a caseload of 40-50 clients based on need. Services also include:
• Identification and intervention for behaviors that may jeopardize housing proactively • Coaching on relationships with others; dispute resolution assistance • Advocating and linking to rental support resources when needed • Assistance with housing re-certification and income certification when needed • Updating housing support and crisis response plans; household management independent living skills
• Emotional support transitioning from homelessness to housing • Proactive identification of isolative behaviors or not staying at one’s new home or having a lot of guests that may compromise living situations
• And other practical skills such as budget management, paying bills and rent, and more. • Linkage to primary care, other support services
BACS holds contracts with multiple funders of tenancy sustaining services to help individuals remain housed, which augments staffing where needed.

Timeline
BACS has a rapid identification, inspection, and purchase process:

City Council/RSA Agenda 241 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
• BACS Housing Corporation’s Real Estate Development Team continuously reviews site listings; conducts site tours; places offer with 30-day close; all cash. • Initial criteria for site suitability:
o Number of bedrooms (or rooms that can be converted to private bedrooms) total a maximum of 6
o No Conditional Use Permit required to stay under threshold o Proximity to public transport and essential services
o At least 2 bathrooms and full kitchen
o Accessibility in at least 10% of locations
• Inspections reviewed by contractor team.
• Negotiation to fix/remediate any inspection findings or reduce price. • Removal of contingencies.
• Purchase
Budget
Properties have not yet been identified for purchase, but the financing model is simple: we fundraise for the full cost of the acquisition, or, when we cannot, BACS puts down 30% of the purchase price and has a mortgage of 70% that is amortized generally over 10 years with a mortgage payment of $3,000 total (including insurance). We are tax exempt, so there are no property taxes. Houses are generally move in ready and have averaged approximately $530,000 per home. We are able to close in 30 days. In 2019- 2020, BACS bought 9 homes, creating 54 doors of permanent housing with built-in supportive services plans. In late 2020, BACS and the City of Oakland were awarded a Project Homekey grant, which BACS leveraged to bring in additional funders including Crankstart Foundation that funded a $5 million dollar grant for acquisitions, and created 129 units of permanent housing.

The economic model includes a 20-year schedule of cash flow, revenue over expenses, capital reserve, presumed vacancy rate of 5%, and augmented financial support through services contracts (Medi-Cal Specialty Mental Health service billing or Enhanced Care Management and In Lieu of Services contracts through the Managed Care Plans and CalAIM). Since all of our clients/tenants are Medi-Cal beneficiaries, and BACS is an eligible provider, this revenue provides increased support when needed, to our deeply affordable permanent housing with supportive services.

From BACS’ extensive experience with this proposed project model, the cost of one home, housing six individuals permanently, is approximately $560,000, with supportive services and ongoing operations supported by rent collection from the tenants. In comparison, a single person receiving Permanent Supportive Housing for life costs $500-600k. Essentially, for the cost of housing one person with a PSH voucher (which does not result in building community assets since private landlords can sell or raise rents any time), we can permanently house 6 people for life in their own home, with their own lock and key, with supportive services and non-profit ownership to hold the site in community trust.

City Council/RSA Agenda 242 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
In 2020, BACS partnered with City of Oakland on Project Reclamation, an ambitious, unique proposal to the State of California’s Project Homekey funding availability. BACS pioneered the Single Family Home acquisition model and was one of the only applications that was supported through the inaugural Project Home Key funds – and the project was so successful that BACS and the City of Oakland will be honored and recognized by the Enterprise Community Partner award for innovation in Home Key projects that were successful. BACS also was doubly successful in that it was able to leverage a close philanthropic relationship, Crankstart Foundation, who immediately stepped in and donated $5 million in additional funding to increase the acquisition of units for the Oakland houseless community.

BACS has provided and honed this model since 1973, and have the complete infrastructure to acquire, maintain, and provide social services within these co-living homes, so all funding awarded will go directly toward acquisition and any necessary renovations.

2. Applicant Qualifications______________________________________________________________ Owner / Developer
Bay Area Community Services has extensive experience and expertise acquiring and managing traditional and non-traditional housing properties for over 50 years. BACS has acquired, owned, operated, and property managed small-site, scattered, Co-Living properties for individuals experiencing homelessness. Projects have included HUD 202 Properties, Shelter Plus Care properties, properties where the capital was granted but not the operating subsidy, and properties where private funds have been used to purchase the properties as well as provide operating support. BACS created a non-profit real estate holding company and asset management company named Bay Area Community Services Housing Corporation with a mission that is solely dedicated to holding the assets for Bay Area Community Services. This entity holds all the real estate for all of the BACS programs and BACS tenants who are unhoused.

BACS Housing Corporation has purchased and acquired properties without any financial support where BACS has provided a down payment of 30% of the offer and financed the other 70% of the property with a special loan product from our bank, West America, who devised a special loan product for our nonprofit to be able to quickly and competitively secure properties for our clients experiencing homelessness.

In addition to housing projects, BACS and its Housing Corporation have acquired a total of 10 properties for its behavioral health and homeless programs to run programs out of including a 50- bed residential facility in Oakland where it houses its headquarters and programs; three drop-in wellness centers; and four crisis residential licensed facilities; and two medical respite facilities. BACS Housing Corporation owns more than 300 units of permanent housing across Alameda County and Contra Costa County, in the form of single-family homes – 129 of which were acquired as part of the 2020 Project Homekey.

BACS HC has shown its capacity time and time again and has been able to quickly, nimbly respond to community needs with a moment’s notice, including:
• Opening a winter shelter in under 2 weeks of 44 beds when the City of Oakland lost its shelter site unexpectedly
City Council/RSA Agenda 243 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
• Swiftly acquiring three properties and licensed programs in less than 3 weeks-time when Anka Behavioral Health went bankrupt last June which saved the programs at a critical time for Contra Costa County
• Stepping in to take over a property from Sutter Hospital when the County of Alameda did not accept it and salvaging a major asset in Oakland for our community • Persisting against all odds to acquire and oversee a massive renovation when the County of Alameda’s General Services Agency (GSA) was not supportive of a dual Crisis Stabilization Unit/Crisis Residential Program real estate project to go through. There were multiple milestones that would have proven unsustainable to manage, but BACS and its Housing Corporation and Real Estate division successfully implemented the program
• Partnering with the City of Oakland to submit an application for an innovative Project Homekey first phase funding to purchase single-family homes to create neighborhood- oriented, sustainable permanent housing options for individuals with complex needs that could be operated without long-term subsidies
Each of the BACS Housing Corporation properties were specifically acquired to support community members who are extremely low income and who have experienced housing instability or homelessness, mental health challenges, incarceration, and other under-served and at-risk people.

Property Management
The Property Management Arm at BACS Housing Corporation is responsible for the full suite of property management functions at BACS including lease up, rent collection, certification, lease management/violations, maintenance and repair/vendor management, turnover, security/asset management, loss management. BACS has had a Property Management function for decades. BACS Property Management oversees properties for the target population of literally homeless, chronically homeless, mentally ill, and individuals with justice-involvement, substance use/abuse, and individuals living well below the Area Median Income / extremely low income. BACS possesses a web-based Property Management software named Appfolio to oversee its full suite of services.

Service Provider
In 1953, Bay Area Community Services (BACS) was created from a council of 11 churches in Oakland to provide social and behavioral health services to individuals in Alameda County with a mission of ‘keeping individuals connected to their communities’. Over the last 68 years, BACS has provided supportive services to more than 100,000 people. BACS is an expert in comprehensive, integrated, and effective approaches to housing & health for complex populations. Today, BACS’ 360+ team members serve more than 12,000 people each year. In Fiscal Year 2019, BACS supported more than 6,300 people experiencing homelessness. BACS has vast experience serving community members who are experiencing homelessness and housing instability. Currently, BACS offers nearly 20 programs whose services target individuals experiencing or at-risk of homelessness, fourteen in Alameda County, one in Contra Costa County, one in Solano County, and one in San Mateo County.

BACS has extensive history working with the chronic homeless population and is the largest homeless provider of integrated homeless and behavioral health services in Alameda County. Currently, BACS City Council/RSA Agenda 244 Tuesday, January 25, 2022
Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
offers over 20 programs whose services target chronically homeless individuals, between four counties, and concentrated in Oakland. The programs in Alameda County range from interim housing models (Fremont Navigation Center, Hayward Navigation Center, Housing Fast Support Network, City of Berkeley's STAIR Center); to Respite models (Medical Respite program); to housing navigation programs (Housing Resource Centers in Oakland, Berkeley, and Hayward); to homeless/behavioral health housing programs (Oakland Project Connect, Senior Homeless Programs); and lastly to a scattered site permanent supportive housing model (Landlord Liaison and Co-Living Deeply Affordable Housing with Supportive Services). BACS peer staff work in the encampments and on the streets 7 days a week/365 days a year.

Resident services and supportive services will be provided by BACS and its Housing Corporation. BACS runs the entire system of care within mental health and co-occurring specialty mental health services – all in the community – to keep people out of institutions/incarceration and to ensure effective and sustainable economic mobility to help our communities end the vicious cycles of homelessness, incarceration, institutionalization, poverty, and generational trauma. All tenants have access to BACS services if/when they need them including: Crisis Residential Treatment Centers and Crisis Stabilization Unit; Full Service Partnership for Older Adults, Teens, Forensically involved individuals, and chronically homeless individuals; Over 2,000 slots of intensive case management, linkage, counseling, rehabilitation, support; Supported Employment for anyone interested in competitive employment; Community-based drop-in Wellness Centers & Housing Resource Centers; Coordinated Entry Hub in Berkeley for individuals who are housing insecure/homeless; targeted homelessness prevention and housing stabilization (largest provider); and Linkage and specialty program for Benefits Advocacy.

All of our tenants, upon move in, are offered supportive services. All services above are offered and available to individuals based on need, and are meant to be preventative. Tenants are provided info about the community-based Wellness Center and Crisis Center so that if a crisis pops up or an individual needs socialization or a basic need such as a meal, etc. they are always tethered to the geographically convenient center near them. 99% of BACS participants are extremely low income (ELI), and our services are designed to be inclusive, welcoming, sensitive, and empowering. In Fiscal Year 2019, BACS provided supportive services to 6,300 people experiencing homelessness.

BACS Housing Corporation owns more than 25 properties across the Bay Area that target ELI residents, especially those who are experiencing homelessness and/or behavioral health issues and/or are reentering the community from prison/jail and need support to live independently in the community.

These sites are located across Alameda County and Contra Costa County, and provide permanent housing for homeless individuals (affordable, scattered site, HUD, Shelter + Care, or BACS Subsidized), serving ELI, homeless, and mentally ill community members. BACS has provided these living opportunities since 1973, and currently have 175 units of Supported Independent Living / Housing CoOp housing. Our role is Acquisition, Ownership, Property Management, Housing Case Management Services. Addresses include 918 Royal Street, Oakland; 210 Chanselor Ave, Richmond; and 22918 Atherton St, Hayward.

BACS is deeply rooted in the “housing first” philosophy and practice, and BACS has vast experience operating housing first programs in the Bay Area. BACS emphasizes that Housing First and Supportive Services approaches are most effective in the long term when integrated with Health and WellnessCity Council/RSA Agenda 245 Tuesday, January 25, 2022 Bay Area Community Services (BACS) – Developer/Sponsor
RFI – City of Livermore – Information and Proposal
based approaches. The agency’s housing services are premised on a Housing First model and create resources, skills-building, collaboration and partnership, and person-centered supports for each individual in need of this support, premising our trauma- responsive housing first model on identifying historical and present barriers to housing and the ways in which these barriers have often exacerbated their suffering in other domains. BACS' Housing First programming provides wraparound services to individuals to help deter negative housing outcomes while understanding that it may take more than one placement regardless of the quality of services for more stable housing placements to 'stick' for successively longer periods of time.

City Council/RSA Agenda 246 Tuesday, January 25, 2022
7 a. Resolution Authorizing the Submission of a Joint
Application to and Participation in the Homekey Program for the Regional Project Reclamation Program
City Council/RSA Agenda 247 Tuesday, January 25, 2022
2 State of California – Homekey Program Overview
• Homekey program created by the State of California in 2020• Goal of Homekey program is to provide local agencies and jurisdictions to acquire, rehabilitate, or master lease a variety of housing types (Hotels, Motels, and other Buildings) for the purpose of providing interim or permanent housing options for persons experiencing homelessness • First program award cycle was $600 million in grant funding available to local public entities, including cities, counties, or other local public entities • $75 million was awarded to projects in Alameda County which included acquisitions of hotels participating in the Project Roomkey program, rehabilitation of a former student dormitory into permanent supportive housing, and the acquisition of single-family homes to provide shared housing • State of California’s Homekey 2.0 program NOFA is providing $2.75 billion in acquisition and rehabilitation funds and $1 billion in fund for operating expenses
City Council/RSA Agenda 248 Tuesday, January 25, 2022
3 • Union City is partnering with 3 other jurisdictions (Hayward, Livermore, and Piedmont) to submit a multi-jurisidictional application to the Homekeyprogram. • All the jurisdictions are partnering with Bay Area Community Services (BACS).
• BACS submitted application to Livermore RFI for their Project Reclamation program where they acquire homes and convert them to supportive shared housing for people experiencing homelessness • BACS awarded Homekey funds in 2020 where they worked with the City of Oakland using this same model and successfully acquired 15 homes and created 129 units of permanent housing for people experiencing homelessness State of California – Homekey Program Application
City Council/RSA Agenda 249 Tuesday, January 25, 2022
4 State of California – Homekey Program Application
• City of Hayward will assume primary administrative responsibilities for the administration of the funding and in coordination with BACS • Current project application budget anticipates acquiring 11 homes, with the 1 to 2 properties being purchased in Union City
• Awarded grants will receive up to $200,000 per housing unit • Current application will not require matching funds directly from the City• Properties identified will look to be able to have between 5-6 units and movein ready City Council/RSA Agenda 250 Tuesday, January 25, 2022
5 • Current Homekey funding request will not exceed $20,000,000 • The co-applicant cities have requested operating funds from the Alameda County HOME consortium in order to fulfill the State’s operating match requirements • If application is awarded funds and BACS acquires properties in Union City, the City will record a 55-year regulatory agreement against the property restricting the rents for extremely low-income household and establishing property maintenance and management standards • Program will serve single/individual households at or below 30% AMI • If the site is acquired in Union City, the site will have a preference for local community members.

State of California – Homekey Program Application
City Council/RSA Agenda 251 Tuesday, January 25, 2022
6 State of California – Homekey Program Application
Next Steps
• City staff will continue work with BACS and other jurisdictional partners to secure match funding from Alameda County HOME consortium • City staff will continue working on the City’s portion of the application and provide support to the City of Hayward staff
• Submit application for the regional priority Homekey pool by January 31st, 2022
• If unable to submit an application by the January 31st, 2022 deadline, staff will continue to work with its partners to submit a Homekey application to State HCD’s over-the-counter rolling application process City Council/RSA Agenda 252 Tuesday, January 25, 2022
7 State of California – Homekey Program Application
Recommendations1) Authorizing and directing the submission of a joint application with Bay Area Community Services (BACS) and other jurisdictions within Alameda County; and 2) Authorizing and entering into, a Standard Agreement with the State of California Housing and Community Development Department (the “Department”) to participate in the Homekey Program; and 3) Acknowledging and agreeing that the City shall be subject to the terms and conditions specified in the Standard Agreement; and
4) Authorizing the City Manager, or their designee, to approve the final joint Application to the State and execute the Application and the Homekey Documents on behalf of the City of Union City (the “Co-Applicant”) for participation in the Homekey Program City Council/RSA Agenda 253 Tuesday, January 25, 2022
Agenda Item
DATE: 1/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARK EVANOFF, DEPUTY CITY MANAGER
SUBJECT: RESOLUTION AUTHORIZING THE MAYOR TO APPOINT TWO

COUNCILMEMBERS TO AN AD HOC SUBCOMMITTEE TO EVALUATE

AND PROVIDE RECOMMENDATIONS ON THE PLACEMENT OF

POTENTIAL TAX MEASURES INCLUDING A BUSINESS LICENSE TAX

AND EXTENSION OF THE ONE-HALF CENT SALES TAX, ON THE
BALLOT
Staff recommends that the City Council adopt a resolution authorizing the Mayor to appoint two Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential tax measures on the ballot, including a business license tax and extension of the one-half cent sales tax.

STRATEGIC PLAN ALIGNMENT
GoalA. Financial Stability and Sustainability
Strategy: Develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit.

Strategy (2021): Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the one-half cent sales tax; or prepare for $6 million in service cuts.

Strategy (2021): Study the benefits and opportunities to update the City's business license tax for voter consideration.

Goal C. Economic, Community Development and Public Safety Strategy: Analyze the feasibility of transforming warehouses to attract high-value industrial land commercial uses for the benefit of community.

City Council/RSA Agenda 254 Tuesday, January 25, 2022

BACKGROUND
The City Council adopted Resolution 5879-22 on January 11, 2022, which authorized the City to enter into an agreement with Godbe Research and TBWBH Props and Measures to provide professional services and surveying regarding future tax measures, including a business license tax and extension of the existing one-half cent sales tax.

Click below on the link below to access the January 11, 2022, staff report:
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3191&MeetingID=1538

DISCUSSION
Members of the Ad Hoc Subcommittee will work with the consultants and staff to understand the potential fiscal impacts regarding a business license tax increase and consideration of extending the one-half cent sales tax. The Subcommittee would also assist in reviewing the proposed community survey that would help the City Council understand voter attitudes toward each of the tax measures and help the City Council determine the timing for placement of each type of tax measure.

The Ad Hoc Subcommittee is expected to report to the City Council on March 8, 2022, to brief the Council on its work and obtain any final direction, if needed, prior to the consultants conducting the community survey. The community survey should begin by March 14, 2022, in order to provide time to complete the survey, analyze the results, and prepare recommendations for the City Council to provide direction on the type of measure or measures to place on the November 2022 ballot for voter consideration.

Based on the survey results, the Ad Hoc Subcommittee and the consultants would prepare a recommendation for the City Council in April 2022 on the type of tax measure or measures to place on the ballot, the timing for placement of the measures, identification of stakeholders, and informationaleffort.

After the City Council provides direction regarding the type of measure or measures to place on the ballot, staff would begin to provide outreach and education to the community. The City Attorney would prepare Resolution to place any proposed measure or measures on the ballot and bring the Resolution back for consideration at either the Regular July 12, 2022 or July 26, 2022 City Council meeting. The City Clerk is required by law to notify the Alameda County Registrar of Voters by August 12, 2022, of the City Council’s actions for a ballot measure on the November 2022 ballot.

FISCAL IMPACT
There is no fiscal impact related to creating an Ad Hoc Subcommittee.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the Mayor to appoint two Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential tax measures on the ballot, including a business license tax and extension of the one-half cent sales tax.

Prepared by:

City Council/RSA Agenda 255 Tuesday, January 25, 2022
Mark Evanoff, Deputy City Manager
Submitted by:

Mark Evanoff, Deputy City Manager
ATTACHMENTS:

Description Type
Resolution Authorizing Mayor to Appoint Ad Hoc Subcommittee Resolution Power Point Attachment
City Council/RSA Agenda 256 Tuesday, January 25, 2022
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE MAYOR TO APPOINT TWO COUNCILMEMBERS TO AN AD

HOC SUBCOMMITTEE TO EVALUATE AND PROVIDE RECOMMENDATIONS ON

THE PLACEMENT OF POTENTIAL TAX MEASURES, INCLUDING A BUSINESS

LICENSE TAX AND EXTENSION OF THE ONE-HALF CENT SALES TAX WHEREAS, Goal A of the Strategic Plan focuses on fiscal stability and sustainability; WHEREAS, the Strategic Plan calls for the City to develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit; and WHEREAS, the voter approved one-half cent sales tax will expire in April 2025, and WHEREAS, the Strategic Plan calls for the City Council to study and prepare for placement of a revenue measure for November 2022 election that addresses the expiration of the half-cent sales tax; or, prepare for a $6 million in service cuts; and WHEREAS, Strategic Plan further call for the City Council to study the benefits and opportunities to update the City's business license tax for voter consideration; and WHEREAS, the Economic Development Advisory Team (EDAT) recommended to the City Council to consider updating the business license tax structure; and WHEREAS, the City Council accepted EDAT’s recommendation to consider updating the business license tax and authorized staff to engage consultants to survey the community and provide recommendations on the type of measure or measures to place on the November 2022 ballot for voter consideration; and
WHEREAS, the City Council adopted Resolution 5879-22 January 11, 2022, that authorized entering into an agreement with Godbe Research and TBWBH Props and Measures to provide professional services and a community survey regarding future tax measures including a business license tax and extension of the existing one-half cent sales tax; and WHEREAS, the proposed Ad Hoc Subcommittee will work with staff and the consulting team to analyze potential tax measures, and to survey voter attitudes on potential tax measures, and to make recommendations to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the Mayor to appoint two (2) Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential tax measures including a business license tax and extension of the one-half cent sales tax.

City Council/RSA Agenda 257 Tuesday, January 25, 2022
Agenda Item 7 b.

Resolution Authorizing Mayor to Appoint an Ad Hoc Subcommittee to Evaluate and Provide Recommendations on Potential Tax
Measures
January 25,2022
City Council/RSA Agenda 258 Tuesday, January 25, 2022
2 Strategic Plan Consistency
Goal A, New Strategies 1 and 3:• Study and prepare for placement of a revenue measure for November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in cuts • Study the benefits and opportunities to update
the City’s business license tax for voter consideration Ad Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 259 Tuesday, January 25, 2022
3 BackgroundResolution 5879-22 authorized:
• Entering into agreement with Godbe Research
and TBWBH Props and Measures
Ad Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 260 Tuesday, January 25, 2022
4 Discussion
Ad Hoc Subcommittee:
• Understand potential fiscal impact of each
potential tax measure
• Review the proposed community survey• Understand voter attitude toward each type of tax measure
• Report to City Council on findings
Ad Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 261 Tuesday, January 25, 2022
5 Ad Hoc Subcommittee report in Spring:
• Survey results• Recommendation on type and timing of
measure(s) to place on ballot
• Outreach and Education
Ad Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 262 Tuesday, January 25, 2022
6 With Council direction:
• City Attorney would prepare Resolution to place
measure or measures on ballot
• City Council consider Resolution July 12 or July
26, 2022
• City Clerk required to notify Registrar of Voters by
August 12, 2022, of City Council actions
Ad Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 263 Tuesday, January 25, 2022
7 Fiscal Impact
Appointment of an Ad Hoc Subcommittee will not
impact the General FundAd Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 264 Tuesday, January 25, 2022
8 RecommendationAdopt a Resolution authorizing the Mayor to appoint two Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential tax measures including a business license tax and extension of the one-half cent sales taxAd Hoc Subcommittee Potential Tax Measures – January 25, 2022 City Council/RSA Agenda 265 Tuesday, January 25, 2022