Union City City Council
February 8, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 8, 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. Proclamation Recognizing February as Black History Month

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 time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

City Council/RSA Agenda 1 Tuesday, February 8, 2022
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 25, 2022

5.c. Adopt A Resolution Approving And Adopting A Memorandum Of Understanding Between The City Of Union City And The Union City Police Management Association (PMA), 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.d. Adopt a Resolution Authorizing the City Manager to Award a Contract to Turf and Industrial for the Purchase of Two Wide Area Mowers in the Amount Not-to-Exceed $138,242, Declaring Certain Vehicles and Equipment as Surplus, and Authorizing Their Sale at Auction

5.e. Adopt a Resolution Authorizing the City Manager to Award a Contract to A-Z Bus Sales of Colton, CA, for the Purchase of One (1) New Replacement Electric Paratransit Vehicle Through the CalACT/MBTA Statewide Vehicle Contract 19-01, in the Amount of $214,491 and Approving a Budget Transfer of
$214,491 from Fund 5110 (Transit Fund) to Fund 5120
(Paratransit Fund) for the Purchase of This Paratransit Vehicle

5.f. Adopt a Resolution 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 February 8 Pursuant to AB 361

6. PUBLIC HEARINGS - None
City Council/RSA Agenda 2 Tuesday, February 8, 2022

7. CITY MANAGER REPORTS

7.a. Informational Report Regarding Old Alvarado/Cesar Chavez Park Improvements, City Project No. 21-13

7.b. Adopt A Resolution Authorizing The City Manager To Execute An Agreement With Economic & Planning Systems, Inc., In An Amount Not-To-Exceed $259,193, To Perform A
Comprehensive Development Impact Fee Study, In A Form
Approved By The City Attorney

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 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)
City Council/RSA Agenda 3 Tuesday, February 8, 2022

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.

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Please click the link below to join the webinar:
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Or Telephone:

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

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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. 3511412.1
City Council/RSA Agenda 4 Tuesday, February 8, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 5 Tuesday, February 8, 2022

CITY OF UNION CITY

PROCLAMATION
Honoring February 2022 as Black History Month
WHEREAS, Black History Month would not be possible without the 1926 creation of "Negro History Week". Famous historian Carter G. Woodson and the Association for the Study of Negro Life and History proclaimed the second week of February to be observed as "Negro History Week"; and
WHEREAS, the first Black History Month observance took place in February 1970, one year after being proposed by Black educators and students at Kent State University in 1969. Black History Month is now observed in the United States, Canada, and the United Kingdom; and
WHEREAS, this year's theme for Black History Month, "Black Health and Wellness", looks at how American healthcare has often underserved the African-American community. The theme also acknowledges the legacy of Black scholars and medical practitioners in medicine, including birth workers, doulas, midwives, naturopaths, and healers throughout the African diaspora. The 2022 theme considers health activities, rituals and initiatives that Black communities have done to be well; and WHEREAS, as the COVID-19 pandemic has recently shown, a widespread disparity of access to quality healthcare negatively impacts outcomes for blacks and other minorities. For African-Americans, the root of the problem goes deep, and back centuries - beginning with the brutalities of enslavement and the lack of economic opportunity, which often kept medical care out of reach for many African-Americans; and WHEREAS, it was only into the 20th century when Black America was provided with better access to institutional health care when the passage of the 1964 Civil Rights Act desegrated hospitals by threatening to withhold Medicare payments to 'Whites Only" medical institutions. More than 40 years later, the Affordable Care Act was passed by the Obama administration that gave better access to medical care for all Americans; and
WHEREAS, to continue to foster good health and wellness, Black people have embarked on self-determination, mutual aid and social support initiatives to build hospitals, medical and nursing schools (i.e. Meharry Medical College, Howard University College of Medicine, Provident Hospital and Training School, Morehouse School of Medicine, etc.) and community clinics.; and WHEREAS, Black History Month is a chance for Americans to learn details of their nation’s history that are often neglected; and WHEREAS, a wise nation honors and learns from its past, as what happened in the past shapes and informs where we are heading in the future, and it’s of paramount importance to set aside a month for learning as much as we can about Black history; and, WHEREAS, in the City of Union City we will continueto work toward becoming an inclusivecommunity in which all citizens—past, present, and future—are respected and recognized for their contributions to our community and we urge all citizens to celebrate our diverse heritage and culture; and,
NOW, THEREFORE, the City Council of the City of Union City, does herby proclaim February 2022 as Black History Month.

DATED this 8th day of February 2022

____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATIÑO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
___________________________________
City Council/RSA Agenda 6 Tuesday, February 8, 2022 GARY SINGH, Councilmember Agenda Item
ATTACHMENTS:

Description Type
Draft Minutes Sp 1/25/22 Attachment
Draft Minutes Reg 1/25/22 Attachment
City Council/RSA Agenda 7 Tuesday, February 8, 2022

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, January 25, 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 6:03 p.m.

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

Absent: Vice Mayor Patiño

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)
City Council/RSA Agenda 8 Tuesday, February 8, 2022
Union City Police Officers Association (UCPOA)
Unrepresented employees:

All unrepresented employees not subject to a compensation and benefit plan or contract with City Council

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:42 p.m. with no reportable action.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 9 Tuesday, February 8, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, January 25, 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, Mayor Dutra-Vernaci

Absent: Vice Mayor Patiño

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamations in Recognition of Union City's Employee of the Year Recipients for 2021
Mayor Dutra-Vernaci read the proclamations aloud and presented them to the 2021 recipients Sharon Petrehn, Ian Hobson and Rose Corsi.

3.b. Water and Drought Update, Alameda County Water District The presentation was given by Ed Stevenson, Manager of Engineering and Technology Services for Alameda County Water District.

6. PUBLIC HEARINGS
City Council/RSA Agenda 10 Tuesday, February 8, 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.

Mr. Robert McEntire of National Demographic Corporation (NDC) gave presentation, presented six draft maps for consideration. Maps 101-103 were submitted by members of the public and Maps 201-203 were drafted by NDC.

Council did not have any questions following the initial presentation.

Mayor Dutra-Vernaci opened the public hearing.

Public comment was provided by Lee Guio, who drafted Maps 102 and 103.

Public comment was provided by Jim Gunther.

Mayor Dutra-Vernaci provided comment as the drafter of Map 101.

Mayor Dutra-Vernaci closed the public hearing and returned to conversation by the Council. Councilmembers provided comment and staff responded to questions.

Council consensus was to move forward with maps 101 and 201, and request for NDC to create a new map incorporating some elements of Map 103. Maps 102, 103, 202, and 203 were eliminated.

The next public hearing will be held on February 22, 2022.

4. ORAL COMMUNICATIONS - None

5. CONSENT CALENDAR
Mayor Dutra-Vernaci pulled item 5.d. for further discussion.

It was moved by Councilmember Duncan and seconded by Councilmember Singh to adopt consent calendar items 5a.-5.c, and 5.e.- 5.g.. The motion was carried by the following roll call vote:

AYES: Councilmembers Duncan, Gacoscos, Singh, Mayor Dutra-Vernaci NOES: None
ABSENT: Vice Mayor Patiño
ABSTAIN: None

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. Approved the Minutes of the City Council Meetings Held on January 6, 2022 and January 11, 2022

5.c. Adopted Resolution No. 5882-22 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 City Council/RSA Agenda 11 Tuesday, February 8, 2022
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.e. Adopted Resolution No. 5883-22 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. Adopted Resolution No. 5884-22 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. Adopted Resolution No. 5885-22 Approving Paying and Reporting the value of Employer Paid Member Contributions (EPMC) to CalPERS Discussion on Item 5.d.

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
Mayor Dutra-Vernaci pulled the item to state that the Alameda County Conference of Mayors voted unanimously to write a letter of support for the Bay Adapt: Regional Strategy for a Rising Bay. The item was also taken up at MTC as a part of Plan Bay Area 2050. The Mayor also noted that the Housing Element Update requires the preparation of a Sea Level Rise Resiliency study.

It was moved by Councilmember Gacoscos and seconded by Mayor DutraVernaci to adopt Resolution No. 5886-22 in Support of San Francisco Bay Conservation and Development Commission’s (BCDC) Bay Adapt: Regional Strategy for a Rising Bay. The motion was carried by the following roll call vote:

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

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
Housing and Community Development Manager Francisco Gomez presented the staff report, providing an overview of the program, the program application, and next steps for submission. Staff responded to questions from Council.

Councilmembers provided comment.

City Council/RSA Agenda 12 Tuesday, February 8, 2022
It was moved by Councilmember Singh and seconded by Councilmember Gacoscos to adopt Resolution No. 5887-22 Authorizing the Submission of a Joint Application For and Participation in the Homekey Program for the Regional Project Reclamation Program. The motion was carried by the following roll call vote:

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

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
City Manager Malloy presented the staff report. Staff responded to questions from Council. Councilmembers provided comment. Meetings will be held on Thursdays either at 2:00 p.m. or 5:00 p.m.

It was moved by Councilmember Duncan and seconded by Councilmember Gacoscos to adopt Resolution No. 5888-22 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.

Mayor Dutra-Vernaci appointed Councilmembers Singh and Duncan.

Meetings were set for 5:30 p.m. on Thursdays.

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
Councilmember Duncan she will attend League of Cities meeting on January 27.

Councilmember Singh stated he attended the latest Youth Commission meeting.

Councilmember Gacoscos stated the Housing Committee meeting was canceled and she was unable to attend the Library Commission meeting.

Mayor Dutra-Vernaci reported on her attendance of the latest Metropolitan Transportation Commission meeting.

13. GOOD OF THE ORDER
Councilmember Singh reported the accumulation of garbage on Whipple Road and Central Avenue.

City Council/RSA Agenda 13 Tuesday, February 8, 2022
Councilmember Gacoscos thanked City Manager Malloy for conducting a visual inspection of broken streetlights in the Dyer area.

Mayor Dutra-Vernaci provided information on COVID-19 presented by the Bloomberg Harvard School of Medicine.

Mayor Dutra-Vernaci relayed concerns from a resident regarding schools remaining open during the spread of the Omicron variant.

14. CLOSED SESSION - None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 10:02 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 14 Tuesday, February 8, 2022
Agenda Item
DATE: 2/8/2022
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 MANAGEMENT ASSOCIATION
(PMA), 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 Management Association (PMA) 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 PMA are parties to an existing MOU, with PMA covering the period of January 1, 2019 through December 31, 2021 (the Existing MOU). In advance of the expiration of the Existing MOU, staff and PMA have been negotiating in good faith for the Successor MOU since December 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 15 Tuesday, February 8, 2022
The Existing MOU expired on December 31, 2021. The PMA membership ratified the Successor MOU on January 13, 2022. The Successor MOU does not become effective until approved by the City Council. The main points of the Successor MOU are as follows:

Section 9.0 Salaries
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.

Market Equity Adjustments: Provides market equity adjustments for each 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 the same equity adjustments that the sworn classifications of POA receive in the POA MOU to ensure that compaction does not occur between sworn classifications. Equity adjustments shall not exceed four percent (4%) in any year for any classification.

Adds language to define schedule of salary steps consistent with other bargaining units.

Section 2.0 Leave
Revises annualadministrative leave sellback language to be compliant with IRS constructive receipt.

Section 3.0 Vacation
Increases the vacation accrual years of service tiers and rates annually to be consistent with other bargaining units.

Increases the rate for employees with 4-8 years of service from 100 to 120 hours and employees with 9-12 years of service from 120 to 140 hours annually.

Tier 3 changes from 9-13 years of service to 9-12 years of service.

Tier 4 changes from 14-18 years of service to 13-15 years of service.

Tier 5 changes from 19+ years of service to 16+ years of service.

Revises the process and procedure for vacation sellback to be consistent with other bargaining unit requirements.

Section 5.10 Bilingual Compensation
Adds bilingual pay of $46.15 per pay period consistent with other bargaining units.

Section 6.0 Health and Welfare Coverage
Adds cash in lieu of medical coverage pay of three hundred dollars ($300.00) per month to be consistent with other bargaining units.

Section 7.0 Uniform Allowance
Increases the annual uniform allowance from $1,025.00 to $1,250.00.

FISCAL IMPACT
The estimated cost of this Successor MOU is projected to be an additional $165,632 annually over the life of the contract.

RECOMMENDATION
City Council/RSA Agenda 16 Tuesday, February 8, 2022
Staff recommends that the City Council adopt the resolution approving the Successor MOU with the PMA 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 approve 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
UCPMA MOURESO2022 Resolution
PMA MOU1-1-2022 to 12-31-2024 Tracked Changes Attachment PMA MOU1-1-2022 to 12-31-2024 Clean Final Attachment
Desk Item- Item5.c. (Track Changes) Attachment
Desk Item- Item5.c. (Clean) Attachment
City Council/RSA Agenda 17 Tuesday, February 8, 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

MANAGEMENT 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 Management Association (“PMA”) expired on December 31, 2021; and
WHEREAS, the City and PMA 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 PMA on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and PMA 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 PMA ratified the agreement as of January 13, 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 PMA, effective January 25, 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 18 Tuesday, February 8, 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.

City Council/RSA Agenda 19 Tuesday, February 8, 2022
1 CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING

UNION CITY

POLICE MANAGEMENT ASSOCIATION
EFFECTIVE DATES: January 1, 2022 to December 31, 2024
City Council/RSA Agenda 20 Tuesday, February 8, 2022
2 TABLE OF CONTENTS
PREAMBLE_PAGE(s)
A. City Rights 3
B. Recognition 3
C. Association Rights 3
D. Non-Discrimination 3
SECTION 2.00 LEAVE 4
A. Administrative Leave 4
B. Bereavement Leave 45
C. Jury Leave 54
D. Military Leave 5
E. Personal Leave 5
F. Unpaid Leave of Absence 5
G. Family Leave 65
H. Sick Leave 65
I. Occupational Injury Leave 6
SECTION 3.00 VACATION 6
SECTION 4.00 HOLIDAYS 67
SECTION 5.00 EDUCATIONAL INCENTIVE 78

5.01 Tuition Reimbursement 8

5.10 Bilingual Compensation 8
SECTION 6.00 INSURANCE COVERAGE 78
A. Health and Welfare Coverage 78
B. Life Insurance 89
c. Deferred Compensation Plan 89
SECTION 7.00 UNIFORMS 89
SECTION 8.00 RETIREE MEDICAL PLAN 89
SECTION 9.00 SALARIES 1011
A. Longevity Pay 1011
B. Advancements in Pay 1011

1. Scheduled Step Increases 1011
C. Cost of Living Adjustments (COLA's) 1112
D. Market Equity Adjustmentss 12
DE. Comparable Compensation Surveys 1112
FE. Acting Pay 1213
G. Salary Step Schedule 14

9.10 Promotions 14
SECTION 10.00 RETIREMENT 1214
SECTION l 1.00 RETIREMENT BENEFITS 1315
City Council/RSA Agenda 21 Tuesday, February 8, 2022
3 SECTION 12.00 WORK SCHEDULES 1416
SECTION 13.00 SEPARABILITY 1416
SECTION 14.00 DURATION 1516
City Council/RSA Agenda 22 Tuesday, February 8, 2022
4 MEMORANDUMOFUNDERSTANDING BETWEENTHECITYOFUNIONCITY AND

THE UNION CITY POLICE MANAGEMENT ASSOCIATION

PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Management Association ("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 shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum ofUnderstanding.

SECTION 1.00 GENERAL PROVISIONS
A. 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 ofthis Agreement.

B. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of Police Captain and Police Lieutenant.

C. Association Rights
The City recognizes the rights 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 No other Association business shall be conducted on City time without prior approval of the Chief ofPolice.

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.

D. Non-Discrimination
The City and the Association agree that they will not discriminate based on any category protected under state or federal law, including but not limited to, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, denial of medical and family care leave, military/veteran, political affiliation or for union activity.

City Council/RSA Agenda 23 Tuesday, February 8, 2022
5 SECTION 2.00 LEAVE
A. Administrative Leave:

In lieu of paid overtime, Police Managers shall receive one hundred twenty (120) hours of Administrative Leave at the beginning of each fiscal year. The guidelines for making use of Administrative Leave will be as follows:

1. Employees shall submit a Time Off Request Form requesting time off under Administrative Leave provisions. Such requests shall be submitted directly to the employee's immediate supervisor. The request will be approved or denied based upon operational needs.

2. The use of Administrative Leave is not automatic and is subject to approval as stated above.

3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 st
to June 30
th
.

4. Unused Administrative Leave may be accumulated up to a maximum of two (2) times the annual accrual rate of one hundred twenty hours (120) per fiscal year and for calendar year 2022 may be cashed out up to 120 hours, provided an 80 hour vacation bank is maintained, as requested by the employee at the end of the fiscal year only.

Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to one hundred twenty hours (120) hours of accrued administrative 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, holiday and/or administrative leave in the preceding twelve (12) months. • The employee must have a remaining balance of vacation leave of at least forty (40) hours following the sell back.

Requests to sell back administrative 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

5. Employees shall receive cash payment on a pro-rated basis for unused Administrative Leave at the time of separation or upon the start of an extended leave from City employment (e.g. military duty, etc.). Said payment shall be based upon the employee's accrued Administrative Leave hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.

6. Administrative Leave for employees hired after July 1 st will be prorated.

7. Employees may not use Administrative Leave during their first six months of service.

City Council/RSA Agenda 24 Tuesday, February 8, 2022
6 Exception to this policy may be granted on a case-by-case basis by the Police Chief and City Manager.

B. Bereavement Leave:

Employees may be granted paid bereavement leave, not to exceed five (5) workdays, (days may be taken non-consecutively) upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, fatherin-law, sister-in-law, brother-in-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a relative not in the employees immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).

C. Jury Leave:

An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Verification of jury duty attendance is required upon returning to work. The juror badge attached to the jury duty summons does not qualify as verification of attendance.

D. Military Leave:

MilitaryLeave shall begranted inaccordancewiththeprovisions ofState law.All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.

E. Personal Leave:

The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional ten (10) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of thirty (30) hours per fiscal year. An additional ten (10) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year.

Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.

F. Unpaid Leave ofAbsence:

The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee will be reinstated to the position held at City Council/RSA Agenda 25 Tuesday, February 8, 2022
7 the time leave was granted and said employee shall retain their seniority rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.

Employee is fully responsible for all premiums of benefits while on approved leave.

G. Family Leave:

The City shall comply with all provisions of the Federal Family Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.

H. Sick Leave:

Employees shall earn eight (8) hours per month of Sick Leave without limit on accumulation.

Employees shall be allowed to convert eighty (80) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a sick leave balance of four hundred eighty (480) hours or more.

Conversion ofSickLeave to VacationLeave isonan hour-for-hour basis and may only takeplace at the end of each fiscal year, as requested by the employee.

I. Occupational Injury Leave:

For employee injury or disability, the provisions of the State Worker's Compensation Act and other applicable laws pertaining to sworn personnel shall apply.

SECTION 3.00 VACATION
Employees shall receive vacation benefits in accordance with the following schedule and provisions effective January 01, 2022:

Years of Service Pay Period Accrual Rate Annual Accrual 0-3 years 3.08 80 hours
4-8 years 3.85 4.62 120 hours
9-123 years 4.62 5.38 140 hours
14-18 13-15 years 6.15 hours 160 hours
19 16+ years 7.69 hours 200 hours
Employeesmay accumulate upto560hours ofvacation.

For calendar year 2022, employees may also receive annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out.

Employee request for cash payment must be submitted to Administrative Services Department Payroll no later than June 1st and cash payment shall be made at the end of the fiscal year.

Effective calendar year 2023, under the following conditions employees may make an irrevocable City Council/RSA Agenda 26 Tuesday, February 8, 2022
8 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 administrative leave 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

Employees may cash out up to 320 hours of vacation at the time of theirseparation from the City; any leave accruals above 320 hours at separation must be taken as time off or forfeited. Employees shall receive cash payment for unused Vacation Leave at their current base salary rate at the time of separation or upon the start of an extended leave from City employment SECTION 4.00 HOLIDAYS
Police Managers will receive one-hundred forty-four (144) hours of Regular Holiday time each fiscal year. The Regular Holiday time must be taken as a cash benefit equivalent to one hundred forty-four hours of pay calculated attheemployee's basesalary ratewhich will bepaid outinequal payments each pay period.

The Holiday Pay benefit isspecial compensation that is added tothe employee's base salary as listed in thePublic Employees Retirement Law;Section 571 (a)(5).

Police Managers will also receive twenty (20) hours of Floating Holiday time at the beginning of each fiscal year. The Floating Holiday hours must be used within the fiscal year earned and may not be accumulated or cashed out.

SECTION 5.00 EDUCATIONAL INCENTIVE
Police Managers meeting the below listed educational requirements will receive an additional five percent (5%) in base salary.

Bachelor's Degree or higher, in conjunction with the successful completion of one of the following additional educational courses:

Senior Management Institute for Police (SMIP)
POST Command College
FBI National Academy
West Point Leadership Program
POST Management School
City Council/RSA Agenda 27 Tuesday, February 8, 2022
9 Possession of a Master's Degree
The Educational Incentive benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(2).

SECTION 5.01 TUITIONREIMBURSEMENT
When an employee voluntarily and with prior approval of the Chief of Police and Finance Director undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training and required textbooks or manuals. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Police Management Association members to be distributed by the Association with City Manager approval. Where the education or training program is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

SECTION 5.10 BILINGUAL COMPENSATION
The City will compensate each bilingual Police Manager 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.

The Bilingual Compensation benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(4).

SECTION 6.00 INSURANCE COVERAGE
A. Health and Welfare Coverage:

The City ceased providing management employees with the following fully paid benefits: medical and dental insurance, disability insurance, vision care insurance and flexible benefits. These benefits which management employees previously received, prior to 1996, were subsequently absorbed into management employees' base salaries. The City shall continue this practice.

If employees choose to receive medical and dental benefits through the City's group plans, they must either pay the City directly for the benefits or sign an agreement permitting the City to deduct the cost of such benefits from their paychecks. For employees enrolled in a PERS health plan through the City, the City shall pay the minimum contribution for such health benefits required under PEMHCA.

TheCity agreesto provide up to $2,000 per month to each employee to pay for excess medical, dental, vision and long-termdisability insurance costs.

City Council/RSA Agenda 28 Tuesday, February 8, 2022
10 Employeeswhoare covered formedical benefitsthrough a spouseoradomestic partnermayelect not to enroll in a City group medical plan. Employees electing this option shall provide proof of medical coverage to the City. . 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.

The City agrees to advance the cost of health premiums (medical and dental coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six (6) months of return to work or upon termination.

If employees choose to receive vision care insurance through the City's group plans, they must either pay the City directly for the benefit orsign an agreement permitting the City to deduct the cost of such benefits from their paychecks.

B. Life Insurance
Life Insurance coverage for Police Managers is as follows: $100,000 for life insurance and $100,000 for accidental death or dismemberment. Supplemental life insurance is also available, the cost of which shall be borne by the employee.

C. Deferred Compensation Plan:

For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month to a pre-tax 40l(a) Deferred Compensation Plan. Employees must either contribute a minimum percentage of their base salary to this plan as determined by group-wide consensus or opt out of the plan entirely. The specific groupings/divisions of management classifications shall be deferred at plan inception andshallbebased uponcriteriastated intheDeferredCompensation Plan.

The option to opt out is currently irreversible and can take place only at plan inception or when an employee is hired/promoted to a management-level classification. If employee opts out of plan entirely, he/she will not receive said benefit
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.

SECTION 7.00 UNIFORMS
Police Managersshall receive Uniform Allowance of $1,250 per year which shall be paid inequal cash payments each pay period. The Uniform Allowance benefit is special compensation that is added to theemployee's basesalary aslistedinthePublicEmployeeRetirementLaw;Section 571 (a)(5).

SECTION 8.00 RETIREE MEDICAL PLAN
Retirees are not required to, but may, continue in the existing City medical health plans upon City Council/RSA Agenda 29 Tuesday, February 8, 2022
11 retirement using the benefit monies under this section or self-pay.

Retirees wishing to purchase an alternative medical coverage after retirement shall receive reimbursement under this Section in quarterly payments onMarch 31st,June 30th, September 30 th
and
December 31st of each year. A retiree who chooses not to continue in the existing City medical plans shall be required each year to provide proof to the City on or before January 16th that the retiree has used the retiree health payments from the City to pay accident or health insurance premiums as required by the Internal Revenue Service to render the City's retiree health contributions nontaxable. Acceptable "proof'' includes, but is not limited to: 1) Copies of invoices from, and checks of premiumsto, the accident or health plan insurance provider, or; 2)A copy of the applicable accident or health insurance plan along with a copy of the checks written by the retiree to pay for the premiums for the accident or health plan insurance. The quarterly payments shall begin the first full quarter after retiree has left service with the City.

Any reimbursement owed to the retiree for partial quarterly payments shall be made in the first quarter's benefit check.
(For example, if the retiree leaves May 1st, the first quarterly payment would be June 30th and would include reimbursement for the month of May.) Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service with the City - Fifty percent (50%) of the cost of the Kaiser Single or two party benefit, up to a maximum of $1000 per month.

After twenty (20) years of service with the City- Seventy five percent (75%) of the cost of the Kaiser Single or two party, to a maximum of up to $1,500 per month.

After twenty five (25) years of service with the City - One hundred percent (100%,) of the cost of the Single or two party, to a maximum of up to $2,000 per month.

For those who retire after ratification ofthisMemorandum of Understanding fifty percent (50%) ofthe 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.

Benefits- Employees Hired After January 1, 2013:

Afterfifteen (15)yearsof combined service as_a member oftheUnionCityPoliceOfficers Association and Union City Police Management Association- Fifty percent (50%) of the cost up to the Kaiser Single benefit to a maximum of $500 per month.

Aftertwenty (20) years of combined service as amember ofthe UnionCity Police Officers Association and Union City Police Management Association - Seventy-five percent (75%) of the cost up to the Kaiser Single benefit, to a maximum of$750 per month.

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

City Council/RSA Agenda 30 Tuesday, February 8, 2022
12 Contributions
Bargaining unit members will contribute sixty dollars ($60) per pay period to the Union City Retiree Medical Fund.

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

Retiree Medical Committee
Within one hundred and twenty days following the adoption of this agreement, the City and the UCPOA shall convene a joint committee for the limited purpose of exploring means to obtain a favorable tax treatment oftheCity'sreimbursement ofretireemedical expenses. Representatives ofthe UCPMA shall also participate in this joint committee. The parties shall implement any such changes agreed upon and memorialized in a side letter, during the term ofthis agreement.

SECTION 9.00 SALARIES
A. Longevity Pay
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion oftheir nineteenth (19th) year of permanentfulltime service as a sworn police officer. Such payments will commence with the first pay period after the employee's 19th anniversary as a full time sworn policeofficer.

B. Advancement in Pay:

Step Increase Reviews shall provide the means through which a bargaining unit member is evaluated and assigned to an appropriate salary level within his or her classification.

These reviews shall be completed separately before a Scheduled Step Increase. The following shall establish schedules, criteria and guidelines for Step Increase Reviews:

1. Scheduled Step Increases:

Bargaining unit member are eligible to receive Step Increases after meeting the following Time- inStep Requirements:

STEP
1 2
3 4
5 TIME-IN-STEP REQUIREMENT
6 months
6 months
12 months
12 months
N/A
If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in step prior to the completion of the City Council/RSA Agenda 31 Tuesday, February 8, 2022
13 above Time-in-Step Requirements and/or may be advanced more than one (1) step. Such exceptions are contingent upon recommendation ofthedepartment head and approval oftheCity Manager.

If an employee is on leave without pay for more than one (1) month, the time on leave shall be deducted from the employee's accumulated Time-in-Step.

Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee'ssupervisor.

C. Cost of Living Adjustment:

Effective the first full pay period following January 1, 2022, the City shall increase the salariesfor all bargaining unit members by 3.00%.

Effective the first full pay period following January 1, 2023 theCity shall increase the salaries for all bargaining unit members by 3.0%.

Effective the first full pay period following 1, January 20241the City shall increase the salaries for all bargaining unit members by 3%.

D. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide all bargaining unit members an additional equity adjustment that does not exceed 4% each year so that a compaction issue does not occur between sworn classifications. The UCPMA shall receive the same equity adjustments that the sworn classifications of UCPOA receive each year in their contract.

E. Comparable Compensation Surveys
Internal compensation surveys - In prior negotiations, the parties have used a 15% Total Compensation differential between Sergeants and Lieutenants and between Lieutenant and Captain positions.

Compaction surveys between Sergeant and Lieutenant positions will either include the average overtime and compensation time earned for Sergeants or exclude Administrative Leave for Lieutenants.

External compensation surveys- designed to compare total compensation between UnionCity Police Department Lieutenants and Captains and similar ranks of the established benchmark cities (Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, San Leandro) shall include, at a minimum, the followingcriteria:

Total Salary Categories:
• Maximum monthly base salary
• Uniform Allowance
City Council/RSA Agenda 32 Tuesday, February 8, 2022
14 • Holiday Pay
• Educational Pay
Total Benefits Categories will be agreed upon by the parties prior to subsequent negotiations in determining the components that will be included in the Salary Compensation Study.

Examples:
• PERS EPMC (Employer Paid Member Contribution)
• PERS (Normal Cost)
• Deferred Compensation (Employer Paid)
• Medical
• Vision
• Dental
• OASDI
• Medicare
• Life Insurance
• LTD/STD
• Adm.in Leave and Overtime in cities were Lieutenants receive overtime compensation • Special Management Benefits
Criteriamay bemodified inthesalarysurveys asmutually agreed upon bytheCITYandUCPMA.

F. Acting Pay
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification and have been assigned and worked for one full shift or more shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary.

For purposes of acting pay compensation, it is the assigned employees’ responsibility to submit a memo listing the dates and hours worked to the Chief of Police through the chain of command.

Assignment of employees to serve in an acting capacity shall be based upon methods determined by the sole discretion of the Chief of Police.

Nothing in this section shall limit the authority of the Chief of Police or designee to assign employees temporarily to a position of higher classification for the purpose of providing specific training in the work of the higher classification. Such temporary training assignments shall not constitute service in an acting capacity and shall not create entitlements to acting pay.

Additional compensation shall not apply to employees assigned to a modified duty assignment pending recuperation from an industrial or non-industrial injury or illness.

Employees who qualify for acting pay shall be compensated at their acting pay salary level during periods of approved leave with pay during which they could otherwise be performing the duties of the higher classification, if not for being on such approved leave with pay. In the event of an employee’s performing such acting assignment is absent from work because of illness or injury, the City may replace said employee with another employee to perform the acting assignment, or, after City Council/RSA Agenda 33 Tuesday, February 8, 2022
15 five (5) consecutive days of such absence, the City may terminate the employee’s acting assignment designation and the additional compensation provided therefore.

G. Salary Step Schedule
Salary Step increases shall be implemented in the following manner:

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 his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.

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 his/her step increase implemented on the first day of the following pay period.

SECTION 9.10 PROMOTIONS
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 for the position from which the employee was promoted. The City shall use the promoted employee’s base salary and any incentive pay they were receiving to determine the employee’s salary and proper step placement. Incentive Pay may include Specialty Pay and Educational Pay.

SECTION 10.00 RETIREMENT
The CITY shall contract with the California Public Employees' Retirement System to provide for the following retirement benefits as are currently referenced to Sections from the Government Code:

1. 3% @Age 50 Benefit Formula as provided in Section 21362.2.

2. Indexed Level ofthe 1959 Survivor Benefit as provided in Section 21571 Level 1.

3. One-Year Fiscal Compensation as provided in Section 20042.

4. PriorServiceCredit asprovided inSection 20055.Thisisservice rendered bythe employee prior to the effective date of the contract with CalPERS.

5. Removal ofExclusion asprovided inSection 20503.Positionsthatwerepreviously excluded frommembershipmaynowbeeligibleformembershipwhenrequirements formembership are met.Previously excludedmembersmayelecttopurchaseearlier service as "public service."

6. Pre-Retirement Option 2 as provided in Section 21548. Upon the death of a member who was eligible to retire, the spouse may receive an allowance equal to the amount the member would have received if the member had retired forservice retirement on the date of death and elected Option 2W.

7. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.

8. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.

9. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004% years of service for each day of sick leave City Council/RSA Agenda 34 Tuesday, February 8, 2022
16 provided there is less than 120 days between the member's separation date and retirement date.

10. Non-IndustrialDisability pursuant to Section 21427,providinganannuity equal to30% offinal compensation with five years ofservice increasing 1% for each year in excess of five years to a maximum of 500/o offinal compensation.

11. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant toSection 21620.

12. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.

13. TwoYearsAdditionalServiceCredittoemployeeswhoretirewithinaspecifiedperiod provided in Government Code Section 20903.

Pursuant to the provisions of Section 20691 of the California Government Code, the City shall pay the employee contribution (9%) in the employee's name the Public Employees' Retirement System. Such payments shall be implemented pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, and reported to the Public Employees' Retirement System as compensation earnable.

SECTION 11.00 RETIREMENT BENEFITS
The City agrees to continue providing retirement benefits with the Public Employees Retirement System ("PERS") using the "single highest year''formula (Government Code Section 20042) with full reimbursement of the employee's contribution.

The City agrees to continue the PERS retirement plan known as "3% @ 50" (Government Code Section 21362.2) for all sworn personnel. The City shall report the Employer-Paid Member contribution (9% safety) to PERS as "special compensation" for purposes of calculating an employee's "single highest year" in accordance with Government Code Section 20042.

Newly hired sworn personnel hired after the adoption of the new retirement formula shall receive the PERS retirement plan known as "3.0%@ 55" (Government Code Section 1363.1) using the 36 month formula (Government Code Section 20037). TheCity shall report theEmployer-Paid Member Contribution to PERS as special compensation for the purpose of calculating an employee's "36 month average" in accordance with Government Code Section 20042.

Effective the May 29, 2015 pay check, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Effective July 1, 2015, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Pursuant to the provisions of Government Code Section (GCS) 20691, the City shall pay the employee contribution in the employee's name in the Public Employees' Retirement System.

Such payments shall be implemented pursuant to the provisions of GCS 20636 (c)(4) and reported to the Public Employees' Retirement System as compensation earnable.

The City shall report the Employer-Paid Member contribution to PERS as "special City Council/RSA Agenda 35 Tuesday, February 8, 2022
17 compensation" for purposes of calculating as employee's "single-highest year" in accordance with GCS 20042.

New Members as Defined Pursuant to AB 340:
• The increased reimbursements described above shall not apply to ''New Members" as defined byAB340. The employee contributionsshall be those established by AB 340.

SECTION 12.00 WORK SCHEDULES
Police Managersshall work a four day, ten hour per day (4-10), 40 hours per week work schedule. The City shall comply with all applicable laws regarding the use of time off. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community and flexible scheduling opportunitiesshallremain solely attheCity's discretion.

SECTION 13.00 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 14.00 DURATION
The Memorandum of Understanding shall be ineffectforthe period from January 1, 2022 to December 31, 2024, unless extended by mutual agreement by the parties.

Executed this ______ day of _____________, 2022
______________________________________ _____________________________________ Joan Malloy, City Manager Andrew Holt,
Union City Police Management Association
______________________________________ ____________________________________ Lilybell Nakamura, Chief HR Officer Paul Kanazeh,
Union City Police Management Association
______________________________________
Jeff Bailey, IEDA Chief Negotiator
City Council/RSA Agenda 36 Tuesday, February 8, 2022
1 CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING

UNION CITY

POLICE MANAGEMENT ASSOCIATION
EFFECTIVE DATES: January 1, 2022 to December 31, 2024
City Council/RSA Agenda 37 Tuesday, February 8, 2022
2 TABLE OF CONTENTS
PREAMBLE PAGE(s)
A. City Rights 3
B. Recognition 3
C. Association Rights 3
D. Non-Discrimination 3
SECTION 2.00 LEAVE 4
A. Administrative Leave 4
B. Bereavement Leave 5
C. Jury Leave 5
D. Military Leave 5
E. Personal Leave 5
F. Unpaid Leave of Absence 5
G. Family Leave 6
H. Sick Leave 6
I. Occupational Injury Leave 6
SECTION 3.00 VACATION 6
SECTION 4.00 HOLIDAYS 7
SECTION 5.00 EDUCATIONAL INCENTIVE 8

5.01 Tuition Reimbursement 8

5.10 Bilingual Compensation 8
SECTION 6.00 INSURANCE COVERAGE 8
A. Health and Welfare Coverage 8
B. Life Insurance 9
C. Deferred Compensation Plan 9
SECTION 7.00 UNIFORMS 9
SECTION 8.00 RETIREE MEDICAL PLAN 9
SECTION 9.00 SALARIES 11
A. Longevity Pay 11
B. Advancements in Pay 11

1. Scheduled Step Increases 11
C. Cost of Living Adjustments (COLA's) 12
D. Market Equity Adjustments 12
E. Comparable Compensation Surveys 12
F. Acting Pay 13
G. Salary Step Schedule 14

9.10 Promotions 14
SECTION 10.00 RETIREMENT 14
SECTION l 1.00 RETIREMENT BENEFITS 15
SECTION 12.00 WORK SCHEDULES 16
SECTION 13.00 SEPARABILITY 16
SECTION 14.00 DURATION 16
City Council/RSA Agenda 38 Tuesday, February 8, 2022
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UNION CITY AND

THE UNION CITY POLICE MANAGEMENT ASSOCIATION

PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Management Association ("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 shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum ofUnderstanding.

SECTION 1.00 GENERAL PROVISIONS
A. 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 ofthis Agreement.

B. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of Police Captain and Police Lieutenant.

C. Association Rights
The City recognizes the rights 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 No other Association business shall be conducted on City time without prior approval of the Chief ofPolice.

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.

D. Non-Discrimination
The City and the Association agree that they will not discriminate based on any category protected under state or federal law, including but not limited to, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, denial of medical and family care leave, military/veteran, political affiliation or for union activity.

City Council/RSA Agenda 39 Tuesday, February 8, 2022
4 SECTION 2.00 LEAVE
A. Administrative Leave:

In lieu of paid overtime, Police Managers shall receive one hundred twenty (120) hours of Administrative Leave at the beginning of each fiscal year. The guidelines for making use of Administrative Leave will be as follows:

1. Employees shall submit a Time Off Request Form requesting time off under Administrative Leave provisions. Such requests shall be submitted directly to the employee's immediate supervisor. The request will be approved or denied based upon operational needs.

2. The use of Administrative Leave is not automatic and is subject to approval as stated above.

3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1st to June 30th.

4. Unused Administrative Leave may be accumulated up to a maximum of two (2) times the annual accrual rate of one hundred twenty hours (120) per fiscal year and for calendar year 2022 may be cashed out up to 120 hours, provided an 80 hour vacation bank is maintained, as requested by the employee at the end of the fiscal year only. Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to one hundred twenty (120) hours of accrued administrative 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, holiday and/or administrative leave in the preceding twelve (12) months. • The employee must have a remaining balance of vacation leave of at least forty (40) hours following the sell back.

Requests to sell back administrative 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

5. Employees shall receive cash payment on a pro-rated basis for unused Administrative Leave at the time of separation or upon the start of an extended leave from City employment (e.g. military duty, etc.). Said payment shall be based upon the employee's accrued Administrative Leave hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.

6. Administrative Leave for employees hired after July 1st will be prorated.

7. Employees may not use Administrative Leave during their first six months of service.

Exception to this policy may be granted on a case-by-case basis by the Police Chief and City Manager.

City Council/RSA Agenda 40 Tuesday, February 8, 2022
5 B. Bereavement Leave:

Employees may be granted paid bereavement leave, not to exceed five (5) workdays, (days may be taken non-consecutively) upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sisterin-law, brother-in-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).

C. Jury Leave:

An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Verification of jury duty attendance is required upon returning to work. The juror badge attached to the jury duty summons does not qualify as verification of attendance.

D. Military Leave:

Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.

E. Personal Leave:

The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional ten (10) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of thirty (30) hours per fiscal year. An additional ten (10) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year.

Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.

F. Unpaid Leave ofAbsence:

The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee will be reinstated to the position held at the time leave was granted and said employee shall retain their seniority rights based on years of City Council/RSA Agenda 41 Tuesday, February 8, 2022
6 service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.

Employee is fully responsible for all premiums of benefits while on approved leave.

G. Family Leave:

The City shall comply with all provisions of the Federal Family Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.

H. Sick Leave:

Employees shall earn eight (8) hours per month of Sick Leave without limit on accumulation.

Employees shall be allowed to convert eighty (80) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a sick leave balance of four hundred eighty (480) hours or more.

Conversion ofSickLeave to VacationLeave isonan hour-for-hour basis and may only takeplace at the end of each fiscal year, as requested by the employee.

I. Occupational Injury Leave:

For employee injury or disability, the provisions of the State Worker's Compensation Act and other applicable laws pertaining to sworn personnel shall apply.

SECTION 3.00 VACATION
Employees shall receive vacation benefits in accordance with the following schedule and provisions effective January 01, 2022:

Years of Service Pay Period Accrual Rate Annual Accrual 0-3 years 3.08 80 hours
4-8 years 4.62 hours 120 hours
9-13 years 5.38 hours 140 hours
13-15 years 6.15 hours 160 hours
16+ years 7.69 hours 200 hours
Employeesmay accumulate upto560hours ofvacation.

For calendar year 2022, employees may also receive annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out.

Employee request for cash payment must be submitted to Payroll no later than June 1st and cash payment shall be made at the end of the fiscal year.

Effective calendar year 2023, 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 City Council/RSA Agenda 42 Tuesday, February 8, 2022
7 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 administrative leave 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

Employees may cash out up to 320 hours of vacation at the time of theirseparation from the City; any leave accruals above 320 hours at separation must be taken as time off or forfeited. Employees shall receive cash payment for unused Vacation Leave at their current base salary rate at the time of separation or upon the start of an extended leave from City employment SECTION 4.00 HOLIDAYS
Police Managers will receive one-hundred forty-four (144) hours of Regular Holiday time each fiscal year. The Regular Holiday time must be taken as a cash benefit equivalent to one hundred forty-four hours of pay calculated at the employee's base salary rate which will be paid out in equal payments each pay period.

The Holiday Pay benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(5).

Police Managers will also receive twenty (20) hours of Floating Holiday time at the beginning of each fiscal year. The Floating Holiday hours must be used within the fiscal year earned and may not be accumulated or cashed out.

SECTION 5.00 EDUCATIONAL INCENTIVE
Police Managers meeting the below listed educational requirements will receive an additional five percent (5%) in base salary.

Bachelor's Degree or higher, in conjunction with the successful completion of one of the following additional educational courses:

Senior Management Institute for Police (SMIP)
POST Command College
FBI National Academy
West Point Leadership Program
POST Management School
Possession of a Master's Degree
City Council/RSA Agenda 43 Tuesday, February 8, 2022
8 The Educational Incentive benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(2).

SECTION 5.01 TUITIONREIMBURSEMENT
When an employee voluntarily and with prior approval of the Chief of Police and Finance Director undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training and required textbooks or manuals. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Police Management Association members to be distributed by the Association with City Manager approval. Where the education or training program is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

SECTION 5.10 BILINGUAL COMPENSATION
The City will compensate each bilingual Police Manager 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.

The Bilingual Compensation benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(4).

SECTION 6.00 INSURANCE COVERAGE
A. Health and Welfare Coverage:

The City ceased providing management employees with the following fully paid benefits: medical and dental insurance, disability insurance, vision care insurance and flexible benefits. These benefits which management employees previously received, prior to 1996, were subsequently absorbed into management employees' base salaries. The City shall continue this practice.

If employees choose to receive medical and dental benefits through the City's group plans, they must either pay the City directly for the benefits or sign an agreement permitting the City to deduct the cost of such benefits from their paychecks. For employees enrolled in a PERS health plan through the City, the City shall pay the minimum contribution for such health benefits required under PEMHCA.

TheCity agreesto provide up to $2,000 per month to each employee to pay for excess medical, dental, vision and long-termdisability insurance costs.

Employeeswhoare covered formedical benefitsthrough a spouseoradomestic partnermayelect not to enroll in a City group medical plan. Employees electing this option shall provide proof of medical City Council/RSA Agenda 44 Tuesday, February 8, 2022
9 coverage to the City. 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.

The City agrees to advance the cost of health premiums (medical and dental coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six (6) months of return to work or upon termination.

If employees choose to receive vision care insurance through the City's group plans, they must either pay the City directly for the benefit orsign an agreement permitting the City to deduct the cost of such benefits from their paychecks.

B. Life Insurance
Life Insurance coverage for Police Managers is as follows: $100,000 for life insurance and $100,000 for accidental death or dismemberment. Supplemental life insurance is also available, the cost of which shall be borne by the employee.

C. Deferred Compensation Plan:

For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month to a pre-tax 40l(a) Deferred Compensation Plan. Employees must either contribute a minimum percentage of their base salary to this plan as determined by group-wide consensus or opt out of the plan entirely. The specific groupings/divisions of management classifications shall be deferred at plan inception andshallbebased uponcriteriastated intheDeferredCompensation Plan.

The option to opt out is currently irreversible and can take place only at plan inception or when an employee is hired/promoted to a management-level classification. If employee opts out of plan entirely, he/she will not receive said benefit
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.

SECTION 7.00 UNIFORMS
Police Managersshall receive Uniform Allowance of $1,250 per year which shall be paid inequal cash payments each pay period. The Uniform Allowance benefit is special compensation that is added to theemployee's basesalary aslistedinthePublicEmployeeRetirementLaw;Section 571 (a)(5).

SECTION 8.00 RETIREE MEDICAL PLAN
Retirees are not required to, but may, continue in the existing City medical health plans upon retirement using the benefit monies under this section or self-pay. Retirees wishing to purchase an alternative medical coverage after retirement shall receive reimbursement under this Section in quarterly payments onMarch31st,June30th, September 30th andDecember 31st ofeachyear.Aretiree City Council/RSA Agenda 45 Tuesday, February 8, 2022
10 who chooses not to continue in the existing City medical plans shall be required each year to provide proof to the City on or before January 16th that the retiree has used the retiree health payments from the City to pay accident or health insurance premiums as required by the Internal Revenue Service to render the City's retiree health contributions non-taxable. Acceptable "proof'' includes, but is not limited to:1)Copiesofinvoices from, and checks of premiums to, the accident or health plan insurance provider, or; 2) A copy of the applicable accident or health insurance plan along with a copy of the checks written by the retiree to pay for the premiums for the accident or health plan insurance. The quarterly payments shall begin the firstfull quarter after retiree has left service with the City.

Any reimbursement owed to the retiree for partial quarterly payments shall be made in the first quarter's benefit check.
(For example, if the retiree leaves May 1st, the first quarterly payment would be June 30th and would include reimbursement for the month of May.) Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service with the City - Fifty percent (50%) of the cost of the Kaiser Single or two party benefit, up to a maximum of $1000 per month.

After twenty (20) years of service with the City- Seventy five percent (75%) of the cost of the Kaiser Single or two party, to a maximum of up to $1,500 per month.

After twenty five (25) years of service with the City - One hundred percent (100%,) of the cost of the Single or two party, to a maximum of up to $2,000 per month.

For those who retire after ratification ofthisMemorandum of Understanding fifty percent (50%) ofthe 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.

Benefits- Employees Hired After January 1, 2013:

Afterfifteen (15)yearsof combined service as_a member oftheUnionCityPoliceOfficers Association and Union City Police Management Association- Fifty percent (50%) of the cost up to the Kaiser Single benefit to a maximum of $500 per month.

Aftertwenty (20) years of combined service as amember ofthe UnionCity Police Officers Association and Union City Police Management Association - Seventy-five percent (75%) of the cost up to the Kaiser Single benefit, to a maximum of$750 per month.

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

Contributions
Bargaining unit members will contribute sixty dollars ($60) per pay period to the Union City Retiree Medical Fund.

City Council/RSA Agenda 46 Tuesday, February 8, 2022
11 The City will contribute annually to the fund an amount reasonably necessary to fund the above benefit.

Retiree Medical Committee
Within one hundred and twenty days following the adoption of this agreement, the City and the UCPOA shall convene a joint committee for the limited purpose of exploring means to obtain a favorable tax treatment oftheCity'sreimbursement ofretireemedical expenses. Representatives ofthe UCPMA shall also participate in this joint committee. The parties shall implement any such changes agreed upon and memorialized in a side letter, during the term ofthis agreement.

SECTION 9.00 SALARIES
A. Longevity Pay
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion oftheir nineteenth (19th) year of permanentfulltime service as a sworn police officer. Such payments will commence with the first pay period after the employee's 19th anniversary as a full time sworn policeofficer.

B. Advancement in Pay:

Step Increase Reviews shall provide the means through which a bargaining unit member is evaluated and assigned to an appropriate salary level within his or her classification.

These reviews shall be completed separately before a Scheduled Step Increase. The following shall establish schedules, criteria and guidelines for Step Increase Reviews:

1. Scheduled Step Increases:

Bargaining unit member are eligible to receive Step Increases after meeting the following Time- inStep Requirements:

STEP
1 2
3 4
5 TIME-IN-STEP REQUIREMENT
6 months
6 months
12 months
12 months
N/A
If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in step prior to the completion of the above Time-in-Step Requirements and/or may be advanced more than one (1) step. Such exceptions are contingent upon recommendation ofthedepartment head and approval oftheCity Manager.

If an employee is on leave without pay for more than one (1) month, the time on leave shall be City Council/RSA Agenda 47 Tuesday, February 8, 2022
12 deducted from the employee's accumulated Time-in-Step.

Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee'ssupervisor.

C. Cost of Living Adjustment:

Effective the first full pay period following January 1, 2022, the City shall increase the salariesfor all bargaining unit members by 3.00%.

Effective the first full pay period following January 1, 2023, the City shall increase the salariesfor all bargaining unit members by 3.0%.

Effective the first full pay period following 1, January 20241the City shall increase the salaries for all bargaining unit members by 3%.

D. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide all bargaining unit members an additional equity adjustment that does not exceed 4% each year so that a compaction issue does not occur between sworn classifications. The UCPMA shall receive the same equity adjustments that the sworn classifications of UCPOA receive each year in their contract.

E. Comparable Compensation Surveys
Internal compensation surveys - In prior negotiations, the parties have used a 15% Total Compensation differential between Sergeants and Lieutenants and between Lieutenant and Captain positions.

Compaction surveys between Sergeant and Lieutenant positions will either include the average overtime and compensation time earned for Sergeants or exclude Administrative Leave for Lieutenants.

External compensation surveys- designed to compare total compensation between UnionCity Police Department Lieutenants and Captains and similar ranks of the established benchmark cities (Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, San Leandro) shall include, at a minimum, the followingcriteria:

Total Salary Categories:
• Maximum monthly base salary
• Uniform Allowance
• Holiday Pay
• Educational Pay
Total Benefits Categories will be agreed upon by the parties prior to subsequent negotiations in City Council/RSA Agenda 48 Tuesday, February 8, 2022
13 determining the components that will be included in the Salary Compensation Study.

Examples:
• PERS EPMC (Employer Paid Member Contribution)
• PERS (Normal Cost)
• Deferred Compensation (Employer Paid)
• Medical
• Vision
• Dental
• OASDI
• Medicare
• Life Insurance
• LTD/STD
• Adm.in Leave and Overtime in cities were Lieutenants receive overtime compensation • Special Management Benefits
Criteriamay bemodified inthesalarysurveys asmutually agreed upon bytheCITYandUCPMA.

F. Acting Pay
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification and have been assigned and worked for one full shift or more shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary.

For purposes of acting pay compensation, it is the assigned employees’ responsibility to submit a memo listing the dates and hours worked to the Chief of Police through the chain of command.

Assignment of employees to serve in an acting capacity shall be based upon methods determined by the sole discretion of the Chief of Police.

Nothing in this section shall limit the authority of the Chief of Police or designee to assign employees temporarily to a position of higher classification for the purpose of providing specific training in the work of the higher classification. Such temporary training assignments shall not constitute service in an acting capacity and shall not create entitlements to acting pay.

Additional compensation shall not apply to employees assigned to a modified duty assignment pending recuperation from an industrial or non-industrial injury or illness.

Employees who qualify for acting pay shall be compensated at their acting pay salary level during periods of approved leave with pay during which they could otherwise be performing the duties of the higher classification, if not for being on such approved leave with pay. In the event of an employee’s performing such acting assignment is absent from work because of illness or injury, the City may replace said employee with another employee to perform the acting assignment, or, after five (5) consecutive days of such absence, the City may terminate the employee’s acting assignment designation and the additional compensation provided therefore.

G. Salary Step Schedule
City Council/RSA Agenda 49 Tuesday, February 8, 2022
14 Salary Step increases shall be implemented in the following manner:

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 his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.

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 his/her step increase implemented on the first day of the following pay period.

SECTION 9.10 PROMOTIONS
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 for the position from which the employee was promoted. The City shall use the promoted employee’s base salary and any incentive pay they were receiving to determine the employee’s salary and proper step placement. Incentive Pay may include Specialty Pay and Educational Pay.

SECTION 10.00 RETIREMENT
The CITY shall contract with the California Public Employees' Retirement System to provide for the following retirement benefits as are currently referenced to Sections from the Government Code:

1. 3% @Age 50 Benefit Formula as provided in Section 21362.2.

2. Indexed Level ofthe 1959 Survivor Benefit as provided in Section 21571 Level 1.

3. One-Year Fiscal Compensation as provided in Section 20042.

4. PriorServiceCredit asprovided inSection 20055.Thisisservice rendered bythe employee prior to the effective date of the contract with CalPERS.

5. Removal ofExclusion asprovided inSection 20503.Positionsthatwerepreviously excluded frommembershipmaynowbeeligibleformembershipwhenrequirements formembership are met.Previously excludedmembersmayelecttopurchaseearlier service as "public service."

6. Pre-Retirement Option 2 as provided in Section 21548. Upon the death of a member who was eligible to retire, the spouse may receive an allowance equal to the amount the member would have received if the member had retired forservice retirement on the date of death and elected Option 2W.

7. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.

8. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.

9. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004% years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.

10. Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to 30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 500/o offinal compensation.

City Council/RSA Agenda 50 Tuesday, February 8, 2022
15 11. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant toSection 21620.

12. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.

13. TwoYearsAdditionalServiceCredittoemployeeswhoretirewithinaspecifiedperiod provided in Government Code Section 20903.

Pursuant to the provisions of Section 20691 of the California Government Code, the City shall pay the employee contribution (9%) in the employee's name the Public Employees' Retirement System. Such payments shall be implemented pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, and reported to the Public Employees' Retirement System as compensation earnable.

SECTION 11.00 RETIREMENT BENEFITS
The City agrees to continue providing retirement benefits with the Public Employees Retirement System ("PERS") using the "single highest year''formula (Government Code Section 20042) with full reimbursement of the employee's contribution.

The City agrees to continue the PERS retirement plan known as "3% @ 50" (Government Code Section 21362.2) for all sworn personnel. The City shall report the Employer-Paid Member contribution (9% safety) to PERS as "special compensation" for purposes of calculating an employee's "single highest year" in accordance with Government Code Section 20042.

Newly hired sworn personnel hired after the adoption of the new retirement formula shall receive the PERS retirement plan known as "3.0%@ 55" (Government Code Section 1363.1) using the 36 month formula (Government Code Section 20037). TheCity shall report theEmployer-Paid Member Contribution to PERS as special compensation for the purpose of calculating an employee's "36 month average" in accordance with Government Code Section 20042.

Effective the May 29, 2015 pay check, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Effective July 1, 2015, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Pursuant to the provisions of Government Code Section (GCS) 20691, the City shall pay the employee contribution in the employee's name in the Public Employees' Retirement System.

Such payments shall be implemented pursuant to the provisions of GCS 20636 (c)(4) and reported to the Public Employees' Retirement System as compensation earnable.

The City shall report the Employer-Paid Member contribution to PERS as "special compensation" for purposes of calculating as employee's "single-highest year" in accordance with GCS 20042.

New Members as Defined Pursuant to AB 340:

The increased reimbursements described above shall not apply to ''New Members" as City Council/RSA Agenda 51 Tuesday, February 8, 2022
16 defined byAB340. The employee contributionsshall be those established by AB 340.

SECTION 12.00 WORK SCHEDULES
Police Managersshall work a four day, ten hour per day (4-10), 40 hours per week work schedule. The City shall comply with all applicable laws regarding the use of time off. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community and flexible scheduling opportunitiesshallremain solely attheCity's discretion.

SECTION 13.00 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 14.00 DURATION
The Memorandum of Understanding shall be ineffectforthe period from January 1, 2022 to December 31, 2024, unless extended by mutual agreement by the parties.

Executed this ______ day of _____________, 2022
______________________________________ _____________________________________ Joan Malloy, City Manager Andrew Holt,
Union City Police Management Association
______________________________________ ____________________________________ Lilybell Nakamura, Chief HR Officer Paul Kanazeh,
Union City Police Management Association
______________________________________
Jeff Bailey, IEDA Chief Negotiator
City Council/RSA Agenda 52 Tuesday, February 8, 2022
1 CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING

UNION CITY

POLICE MANAGEMENT ASSOCIATION
EFFECTIVE DATES: January 1, 2022 to December 31, 2024
City Council/RSA Agenda 53 Tuesday, February 8, 2022
2 TABLE OF CONTENTS
PREAMBLE_PAGE(s)
A. City Rights 3
B. Recognition 3
C. Association Rights 3
D. Non-Discrimination 3
SECTION 2.00 LEAVE 4
A. Administrative Leave 4
B. Bereavement Leave 5
C. Jury Leave 5
D. Military Leave 5
E. Personal Leave 5
F. Unpaid Leave of Absence 5
G. Family Leave 6
H. Sick Leave 6
I. Occupational Injury Leave 6
SECTION 3.00 VACATION 6
SECTION 4.00 HOLIDAYS 7
SECTION 5.00 EDUCATIONAL INCENTIVE 8

5.01 Tuition Reimbursement 8

5.10 Bilingual Compensation 8
SECTION 6.00 INSURANCE COVERAGE 8
A. Health and Welfare Coverage 8
B. Life Insurance 9
c. Deferred Compensation Plan 9
SECTION 7.00 UNIFORMS 9
SECTION 8.00 RETIREE MEDICAL PLAN 9
SECTION 9.00 SALARIES 11
A. Longevity Pay 11
B. Advancements in Pay 11

1. Scheduled Step Increases 11
C. Cost of Living Adjustments (COLA's) 12
D. Market Equity Adjustmentss 12
E. Comparable Compensation Surveys 12
F. Acting Pay 13
G. Salary Step Schedule 14

9.10 Promotions 14
SECTION 10.00 RETIREMENT 14
SECTION l 1.00 RETIREMENT BENEFITS 15
SECTION 12.00 WORK SCHEDULES 16
SECTION 13.00 SEPARABILITY 16
City Council/RSA Agenda 54 Tuesday, February 8, 2022
3 SECTION 14.00 DURATION 16
City Council/RSA Agenda 55 Tuesday, February 8, 2022
4 MEMORANDUMOFUNDERSTANDINGBETWEENTHECITYOFUNIONCITY AND

THE UNION CITY POLICE MANAGEMENT ASSOCIATION

PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Management Association ("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 shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum ofUnderstanding.

SECTION 1.00 GENERAL PROVISIONS
A. 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 ofthis Agreement.

B. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of Police Captain and Police Lieutenant.

C. Association Rights
The City recognizes the rights 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 No other Association business shall be conducted on City time without prior approval of the Chief ofPolice.

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.

D. Non-Discrimination
The City and the Association agree that they will not discriminate based on any category protected under state or federal law, including but not limited to, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, denial of medical and family care leave, military/veteran, political affiliation or for union activity.

City Council/RSA Agenda 56 Tuesday, February 8, 2022
5 SECTION 2.00 LEAVE
A. Administrative Leave:

In lieu of paid overtime, Police Managers shall receive one hundred twenty (120) hours of Administrative Leave at the beginning of each fiscal year. The guidelines for making use of Administrative Leave will be as follows:

1. Employees shall submit a Time Off Request Form requesting time off under Administrative Leave provisions. Such requests shall be submitted directly to the employee's immediate supervisor. The request will be approved or denied based upon operational needs.

2. The use of Administrative Leave is not automatic and is subject to approval as stated above.

3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 st
to June 30
th
.

4. Unused Administrative Leave may be accumulated up to a maximum of two (2) times the annual accrual rate of one hundred twenty hours (120) per fiscal year and for calendar year 2022 may be cashed out up to 120 hours, provided an 80 hour vacation bank is maintained, as requested by the employee at the end of the fiscal year only.

Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to one hundred twenty hours (120) hours of accrued administrative 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, holiday and/or administrative leave in the preceding twelve (12) months.  The employee must have a remaining balance of vacation leave of at least forty (40) hours following the sell back.

Requests to sell back administrative 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

5. Employees shall receive cash payment on a pro-rated basis for unused Administrative Leave at the time of separation or upon the start of an extended leave from City employment (e.g. military duty, etc.). Said payment shall be based upon the employee's accrued Administrative Leave hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.

6. Administrative Leave for employees hired after July 1 st will be prorated.

7. Employees may not use Administrative Leave during their first six months of service.

City Council/RSA Agenda 57 Tuesday, February 8, 2022
6 Exception to this policy may be granted on a case-by-case basis by the Police Chief and City Manager.

B. Bereavement Leave:

Employees may be granted paid bereavement leave, not to exceed five (5) workdays, (days may be taken non-consecutively) upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, fatherin-law, sister-in-law, brother-in-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a relative not in the employees immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).

C. Jury Leave:

An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Verification of jury duty attendance is required upon returning to work. The juror badge attached to the jury duty summons does not qualify as verification of attendance.

D. Military Leave:

MilitaryLeave shall be granted inaccordancewiththeprovisions ofState law.All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.

E. Personal Leave:

The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional ten (10) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of thirty (30) hours per fiscal year. An additional ten (10) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year.

Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.

F. Unpaid Leave ofAbsence:

The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee will be reinstated to the position held at City Council/RSA Agenda 58 Tuesday, February 8, 2022
7 the time leave was granted and said employee shall retain their seniority rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.

Employee is fully responsible for all premiums of benefits while on approved leave.

G. Family Leave:

The City shall comply with all provisions of the Federal Family Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.

H. Sick Leave:

Employees shall earn eight (8) hours per month of Sick Leave without limit on accumulation.

Employees shall be allowed to convert eighty (80) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a sick leave balance of four hundred eighty (480) hours or more.

Conversion ofSick Leave to Vacation Leave isonan hour-for-hour basis and mayonly takeplace at the end of each fiscal year, as requested by the employee.

I. Occupational Injury Leave:

For employee injury or disability, the provisions of the State Worker's Compensation Act and other applicable laws pertaining to sworn personnel shall apply.

SECTION 3.00 VACATION
Employees shall receive vacation benefits in accordance with the following schedule and provisions effective January 01, 2022:

Years of Service Pay Period Accrual Rate Annual Accrual 0-3 years 3.08 80 hours
4-8 years 3.85 4.62 120 hours
9-123 years 4.62 5.38 140 hours
14-18 13-15 years 6.15 hours 160 hours
19 16+ years 7.69 hours 200 hours
Employeesmayaccumulate upto560hours ofvacation.

For calendar year 2022, employees may also receive annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out.

Employee request for cash payment must be submitted to Administrative Services Department Payroll no later than June 1st and cash payment shall be made at the end of the fiscal year.

Effective calendar year 2023, under the following conditions employees may make an irrevocable City Council/RSA Agenda 59 Tuesday, February 8, 2022
8 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, holiday and/or administrative leave 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

Employees may cash out up to 320 hours of vacation at the time of theirseparation from the City; any leave accruals above 320 hours at separation must be taken as time off or forfeited. Employees shall receive cash payment for unused Vacation Leave at their current base salary rate at the time of separation or upon the start of an extended leave from City employment SECTION 4.00 HOLIDAYS
Police Managers will receive one-hundred forty-four (144) hours of Regular Holiday time each fiscal year. The Regular Holiday time must be taken as a cash benefit equivalent to one hundred forty-four hours of pay calculated attheemployee's basesalary ratewhich will bepaid outinequal payments each pay period.

The Holiday Pay benefit isspecial compensation that is added tothe employee's base salaryas listed in thePublic Employees Retirement Law;Section 571 (a)(5).

Police Managers will also receive twenty (20) hours of Floating Holiday time at the beginning of each fiscal year. The Floating Holiday hours must be used within the fiscal year earned and may not be accumulated or cashed out.

SECTION 5.00 EDUCATIONAL INCENTIVE
Police Managers meeting the below listed educational requirements will receive an additional five percent (5%) in base salary.

Bachelor's Degree or higher, in conjunction with the successful completion of one of the following additional educational courses:

Senior Management Institute for Police (SMIP)
POST Command College
FBI National Academy
West Point Leadership Program
POST Management School
City Council/RSA Agenda 60 Tuesday, February 8, 2022
9 Possession of a Master's Degree
The Educational Incentive benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(2).

SECTION 5.01 TUITIONREIMBURSEMENT
When an employee voluntarily and with prior approval of the Chief of Police and Finance Director undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training and required textbooks or manuals. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Police Management Association members to be distributed by the Association with City Manager approval. Where the education or training program is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

SECTION 5.10 BILINGUAL COMPENSATION
The City will compensate each bilingual Police Manager 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.

The Bilingual Compensation benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(4).

SECTION 6.00 INSURANCE COVERAGE
A. Health and Welfare Coverage:

The City ceased providing management employees with the following fully paid benefits: medical and dental insurance, disability insurance, vision care insurance and flexible benefits. These benefits which management employees previously received, prior to 1996, were subsequently absorbed into management employees' base salaries. The City shall continue this practice.

If employees choose to receive medical and dental benefits through the City's group plans, they must either pay the City directly for the benefits or sign an agreement permitting the City to deduct the cost of such benefits from their paychecks. For employees enrolled in a PERS health plan through the City, the City shall pay the minimum contribution for such health benefits required under PEMHCA.

TheCity agreesto provide up to $2,000 per month to each employee to pay for excess medical, dental, vision and long-termdisability insurance costs.

City Council/RSA Agenda 61 Tuesday, February 8, 2022
10 Employees whoare covered formedical benefitsthrough a spouseor adomestic partnermayelect not to enroll in a City group medical plan. Employees electing this option shall provide proof of medical coverage to the City. . 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.

The City agrees to advance the cost of health premiums (medical and dental coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six (6) months of return to work or upon termination.

If employees choose to receive vision care insurance through the City's group plans, they must either pay the City directly for the benefit orsign an agreement permitting the City to deduct the cost of such benefits from their paychecks.

B. Life Insurance
Life Insurance coverage for Police Managers is as follows: $100,000 for life insurance and $100,000 for accidental death or dismemberment. Supplemental life insurance is also available, the cost of which shall be borne by the employee.

C. Deferred Compensation Plan:

For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month to a pre-tax 40l(a) Deferred Compensation Plan. Employees must either contribute a minimum percentage of their base salary to this plan as determined by group-wide consensus or opt out of the plan entirely. The specific groupings/divisions of management classifications shall be deferred at plan inception andshallbebased uponcriteriastated intheDeferredCompensation Plan.

The option to opt out is currently irreversible and can take place only at plan inception or when an employee is hired/promoted to a management-level classification. If employee opts out of plan entirely, he/she will not receive said benefit
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.

SECTION 7.00 UNIFORMS
Police Managersshall receive Uniform Allowance of $1,250 per year which shall be paid inequal cash payments each pay period. The Uniform Allowance benefit is special compensation that is added to theemployee's basesalaryaslistedinthePublicEmployeeRetirementLaw;Section 571 (a)(5).

SECTION 8.00 RETIREE MEDICAL PLAN
Retirees are not required to, but may, continue in the existing City medical health plans upon City Council/RSA Agenda 62 Tuesday, February 8, 2022
11 retirement using the benefit monies under this section or self-pay.

Retirees wishing to purchase an alternative medical coverage after retirement shall receive reimbursement under this Section in quarterly payments onMarch 31st,June 30th, September 30 th
and
December 31st of each year. A retiree who chooses not to continue in the existing City medical plans shall be required each year to provide proof to the City on or before January 16th that the retiree has used the retiree health payments from the City to pay accident or health insurance premiums as required by the Internal Revenue Service to render the City's retiree health contributions nontaxable. Acceptable "proof'' includes, but is not limited to: 1) Copies of invoices from, and checks of premiumsto, the accident or health plan insurance provider, or; 2)A copy of the applicable accident or health insurance plan along with a copy of the checks written by the retiree to pay for the premiums for the accident or health plan insurance. The quarterly payments shall begin the first full quarter after retiree has left service with the City.

Any reimbursement owed to the retiree for partial quarterly payments shall be made in the first quarter's benefit check.
(For example, if the retiree leaves May 1st, the first quarterly payment would be June 30th and would include reimbursement for the month of May.) Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service with the City - Fifty percent (50%) of the cost of the Kaiser Single or two party benefit, up to a maximum of $1000 per month.

After twenty (20) years of service with the City- Seventy five percent (75%) of the cost of the Kaiser Single or two party, to a maximum of up to $1,500 per month.

After twenty five (25) years of service with the City - One hundred percent (100%,) of the cost of the Single or two party, to a maximum of up to $2,000 per month.

For those who retire after ratification ofthisMemorandum of Understanding fifty percent (50%) ofthe 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.

Benefits- Employees Hired After January 1, 2013:

Afterfifteen (15) yearsof combined service as_a member oftheUnionCityPoliceOfficers Association and Union City Police Management Association- Fifty percent (50%) of the cost up to the Kaiser Single benefit to a maximum of $500 per month.

Aftertwenty (20) years of combined service as amember ofthe UnionCity Police Officers Association and Union City Police Management Association - Seventy-five percent (75%) of the cost up to the Kaiser Single benefit, to a maximum of$750 per month.

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

City Council/RSA Agenda 63 Tuesday, February 8, 2022
12 Contributions
Bargaining unit members will contribute sixty dollars ($60) per pay period to the Union City Retiree Medical Fund.

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

Retiree Medical Committee
Within one hundred and twenty days following the adoption of this agreement, the City and the UCPOA shall convene a joint committee for the limited purpose of exploring means to obtain a favorable tax treatment oftheCity'sreimbursement ofretireemedical expenses. Representatives ofthe UCPMA shall also participate in this joint committee. The parties shall implement any such changes agreed upon and memorialized in a side letter, during the term ofthis agreement.

SECTION 9.00 SALARIES
A. Longevity Pay
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion oftheir nineteenth (19th) year of permanentfulltime service as a sworn police officer. Such payments will commence with the first pay period after the employee's 19th anniversary as a full time sworn policeofficer.

B. Advancement in Pay:

Step Increase Reviews shall provide the means through which a bargaining unit member is evaluated and assigned to an appropriate salary level within his or her classification.

These reviews shall be completed separately before a Scheduled Step Increase. The following shall establish schedules, criteria and guidelines for Step Increase Reviews:

1. Scheduled Step Increases:

Bargaining unit member are eligible to receive Step Increases after meeting the following Time- inStep Requirements:

STEP
1 2
3 4
5 TIME-IN-STEP REQUIREMENT
6 months
6 months
12 months
12 months
N/A
If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in step prior to the completion of the City Council/RSA Agenda 64 Tuesday, February 8, 2022
13 above Time-in-Step Requirements and/or may be advanced more than one (1) step. Such exceptions are contingent upon recommendation ofthedepartment head and approval oftheCity Manager.

If an employee is on leave without pay for more than one (1) month, the time on leave shall be deducted from the employee's accumulated Time-in-Step.

Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee'ssupervisor.

C. Cost of Living Adjustment:

Effective the first full pay period following January 1, 2022, the City shall increase the salariesfor all bargaining unit members by 3.00%.

Effective the first full pay period following January 1, 2023 theCityshall increase the salaries for all bargaining unit members by 3.0%.

Effective the first full pay period following 1, January 20241the City shall increase the salaries for all bargaining unit members by 3%.

D. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide all bargaining unit members an additional equity adjustment that does not exceed 4% each year so that a compaction issue does not occur between sworn classifications. The UCPMA shall receive the same equity adjustments that the sworn classifications of UCPOA receive each year in their contract.

E. Comparable Compensation Surveys
Internal compensation surveys - In prior negotiations, the parties have used a 15% Total Compensation differential between Sergeants and Lieutenants and between Lieutenant and Captain positions.

Compaction surveys between Sergeant and Lieutenant positions will either include the average overtime and compensation time earned for Sergeants or exclude Administrative Leave for Lieutenants.

External compensation surveys- designed to compare total compensation between UnionCity Police Department Lieutenants and Captains and similar ranks of the established benchmark cities (Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, San Leandro) shall include, at a minimum, the followingcriteria:

Total Salary Categories:
 Maximum monthly base salary
 Uniform Allowance
City Council/RSA Agenda 65 Tuesday, February 8, 2022
14  Holiday Pay
 Educational Pay
Total Benefits Categories will be agreed upon by the parties prior to subsequent negotiations in determining the components that will be included in the Salary Compensation Study.

Examples:
 PERS EPMC (Employer Paid Member Contribution)
 PERS (Normal Cost)
 Deferred Compensation (Employer Paid)
 Medical
 Vision
 Dental
 OASDI
 Medicare
 Life Insurance
 LTD/STD
 Adm.in Leave and Overtime in cities were Lieutenants receive overtime compensation  Special Management Benefits
Criteriamay bemodified inthesalarysurveys asmutually agreed upon bytheCITYandUCPMA.

F. Acting Pay
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification and have been assigned and worked for one full shift or more shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary.

For purposes of acting pay compensation, it is the assigned employees’ responsibility to submit a memo listing the dates and hours worked to the Chief of Police through the chain of command.

Assignment of employees to serve in an acting capacity shall be based upon methods determined by the sole discretion of the Chief of Police.

Nothing in this section shall limit the authority of the Chief of Police or designee to assign employees temporarily to a position of higher classification for the purpose of providing specific training in the work of the higher classification. Such temporary training assignments shall not constitute service in an acting capacity and shall not create entitlements to acting pay.

Additional compensation shall not apply to employees assigned to a modified duty assignment pending recuperation from an industrial or non-industrial injury or illness.

Employees who qualify for acting pay shall be compensated at their acting pay salary level during periods of approved leave with pay during which they could otherwise be performing the duties of the higher classification, if not for being on such approved leave with pay. In the event of an employee’s performing such acting assignment is absent from work because of illness or injury, the City may replace said employee with another employee to perform the acting assignment, or, after City Council/RSA Agenda 66 Tuesday, February 8, 2022
15 five (5) consecutive days of such absence, the City may terminate the employee’s acting assignment designation and the additional compensation provided therefore.

G. Salary Step Schedule
Salary Step increases shall be implemented in the following manner:

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 his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.

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 his/her step increase implemented on the first day of the following pay period.

SECTION 9.10 PROMOTIONS
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 for the position from which the employee was promoted. The City shall use the promoted employee’s base salary and any incentive pay they were receiving to determine the employee’s salary and proper step placement. Incentive Pay may include Specialty Pay and Educational Pay.

SECTION 10.00 RETIREMENT
The CITY shall contract with the California Public Employees' Retirement System to provide for the following retirement benefits as are currently referenced to Sections from the Government Code:

1. 3% @Age 50 Benefit Formula as provided in Section 21362.2.

2. Indexed Level ofthe 1959 Survivor Benefit as provided in Section 21571 Level 1.

3. One-Year Fiscal Compensation as provided in Section 20042.

4. PriorServiceCredit asprovided inSection 20055.Thisisservice rendered bythe employee prior to the effective date of the contract with CalPERS.

5. Removal ofExclusion asprovided inSection 20503.Positionsthatwerepreviously excluded frommembershipmaynowbeeligibleformembershipwhenrequirements formembership are met.Previouslyexcludedmembersmayelecttopurchaseearlier service as "public service."

6. Pre-Retirement Option 2 as provided in Section 21548. Upon the death of a member who was eligible to retire, the spouse may receive an allowance equal to the amount the member would have received if the member had retired forservice retirement on the date of death and elected Option 2W.

7. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.

8. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.

9. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004% years of service for each day of sick leave City Council/RSA Agenda 67 Tuesday, February 8, 2022
16 provided there is less than 120 days between the member's separation date and retirement date.

10. Non-IndustrialDisability pursuant to Section 21427,providinganannuity equal to30% offinal compensation with five years ofservice increasing 1% for each year in excess of five years to a maximum of 500/o offinal compensation.

11. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant toSection 21620.

12. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.

13. TwoYearsAdditionalServiceCredittoemployees whoretirewithinaspecifiedperiod provided in Government Code Section 20903.

Pursuant to the provisions of Section 20691 of the California Government Code, the City shall pay the employee contribution (9%) in the employee's name the Public Employees' Retirement System. Such payments shall be implemented pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, and reported to the Public Employees' Retirement System as compensation earnable.

SECTION 11.00 RETIREMENT BENEFITS
The City agrees to continue providing retirement benefits with the Public Employees Retirement System ("PERS") using the "single highest year''formula (Government Code Section 20042) with full reimbursement of the employee's contribution.

The City agrees to continue the PERS retirement plan known as "3% @ 50" (Government Code Section 21362.2) for all sworn personnel. The City shall report the Employer-Paid Member contribution (9% safety) to PERS as "special compensation" for purposes of calculating an employee's "single highest year" in accordance with Government Code Section 20042.

Newly hired sworn personnel hired after the adoption of the new retirement formula shall receive the PERS retirement plan known as "3.0%@ 55" (Government Code Section 1363.1) using the 36 month formula (Government Code Section 20037). TheCity shall report theEmployer-Paid Member Contribution to PERS as special compensation for the purpose of calculating an employee's "36 month average" in accordance with Government Code Section 20042.

Effective the May 29, 2015 pay check, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Effective July 1, 2015, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Pursuant to the provisions of Government Code Section (GCS) 20691, the City shall pay the employee contribution in the employee's name in the Public Employees' Retirement System.

Such payments shall be implemented pursuant to the provisions of GCS 20636 (c)(4) and reported to the Public Employees' Retirement System as compensation earnable.

The City shall report the Employer-Paid Member contribution to PERS as "special City Council/RSA Agenda 68 Tuesday, February 8, 2022
17 compensation" for purposes of calculating as employee's "single-highest year" in accordance with GCS 20042.

New Members as Defined Pursuant to AB 340:

The increased reimbursements described above shall not apply to ''New Members" as defined byAB340. The employee contributionsshall be those established by AB 340.

SECTION 12.00 WORK SCHEDULES
Police Managersshall work a four day, ten hour per day (4-10), 40 hours per week work schedule. The City shall comply with all applicable laws regarding the use of time off. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community and flexible scheduling opportunitiesshallremain solely attheCity's discretion.

SECTION 13.00 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 14.00 DURATION
The Memorandum of Understanding shall be ineffectforthe period from January 1, 2022 to December 31, 2024, unless extended by mutual agreement by the parties.

Executed this ______ day of _____________, 2022
______________________________________ _____________________________________ Joan Malloy, City Manager Andrew Holt,
Union City Police Management Association
______________________________________ ____________________________________ Lilybell Nakamura, Chief HR Officer Paul Kanazeh,
Union City Police Management Association
______________________________________
Jeff Bailey, IEDA Chief Negotiator
City Council/RSA Agenda 69 Tuesday, February 8, 2022
1 CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING

UNION CITY

POLICE MANAGEMENT ASSOCIATION
EFFECTIVE DATES: January 1, 2022 to December 31, 2024
City Council/RSA Agenda 70 Tuesday, February 8, 2022
2 TABLE OF CONTENTS
PREAMBLE PAGE(s)
A. City Rights 3
B. Recognition 3
C. Association Rights 3
D. Non-Discrimination 3
SECTION 2.00 LEAVE 4
A. Administrative Leave 4
B. Bereavement Leave 5
C. Jury Leave 5
D. Military Leave 5
E. Personal Leave 5
F. Unpaid Leave of Absence 5
G. Family Leave 6
H. Sick Leave 6
I. Occupational Injury Leave 6
SECTION 3.00 VACATION 6
SECTION 4.00 HOLIDAYS 7
SECTION 5.00 EDUCATIONAL INCENTIVE 8

5.01 Tuition Reimbursement 8

5.10 Bilingual Compensation 8
SECTION 6.00 INSURANCE COVERAGE 8
A. Health and Welfare Coverage 8
B. Life Insurance 9
C. Deferred Compensation Plan 9
SECTION 7.00 UNIFORMS 9
SECTION 8.00 RETIREE MEDICAL PLAN 9
SECTION 9.00 SALARIES 11
A. Longevity Pay 11
B. Advancements in Pay 11

1. Scheduled Step Increases 11
C. Cost of Living Adjustments (COLA's) 12
D. Market Equity Adjustments 12
E. Comparable Compensation Surveys 12
F. Acting Pay 13
G. Salary Step Schedule 14

9.10 Promotions 14
SECTION 10.00 RETIREMENT 14
SECTION l 1.00 RETIREMENT BENEFITS 15
SECTION 12.00 WORK SCHEDULES 16
SECTION 13.00 SEPARABILITY 16
SECTION 14.00 DURATION 16
City Council/RSA Agenda 71 Tuesday, February 8, 2022
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UNION CITY AND

THE UNION CITY POLICE MANAGEMENT ASSOCIATION

PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Management Association ("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 shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum ofUnderstanding.

SECTION 1.00 GENERAL PROVISIONS
A. 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 ofthis Agreement.

B. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of Police Captain and Police Lieutenant.

C. Association Rights
The City recognizes the rights 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 No other Association business shall be conducted on City time without prior approval of the Chief ofPolice.

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.

D. Non-Discrimination
The City and the Association agree that they will not discriminate based on any category protected under state or federal law, including but not limited to, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, denial of medical and family care leave, military/veteran, political affiliation or for union activity.

City Council/RSA Agenda 72 Tuesday, February 8, 2022
4 SECTION 2.00 LEAVE
A. Administrative Leave:

In lieu of paid overtime, Police Managers shall receive one hundred twenty (120) hours of Administrative Leave at the beginning of each fiscal year. The guidelines for making use of Administrative Leave will be as follows:

1. Employees shall submit a Time Off Request Form requesting time off under Administrative Leave provisions. Such requests shall be submitted directly to the employee's immediate supervisor. The request will be approved or denied based upon operational needs.

2. The use of Administrative Leave is not automatic and is subject to approval as stated above.

3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1st to June 30th.

4. Unused Administrative Leave may be accumulated up to a maximum of two (2) times the annual accrual rate of one hundred twenty hours (120) per fiscal year and for calendar year 2022 may be cashed out up to 120 hours, provided an 80 hour vacation bank is maintained, as requested by the employee at the end of the fiscal year only. Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to one hundred twenty (120) hours of accrued administrative 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, holiday and/or administrative leave in the preceding twelve (12) months. • The employee must have a remaining balance of vacation leave of at least forty (40) hours following the sell back.

Requests to sell back administrative 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

5. Employees shall receive cash payment on a pro-rated basis for unused Administrative Leave at the time of separation or upon the start of an extended leave from City employment (e.g. military duty, etc.). Said payment shall be based upon the employee's accrued Administrative Leave hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.

6. Administrative Leave for employees hired after July 1st will be prorated.

7. Employees may not use Administrative Leave during their first six months of service.

Exception to this policy may be granted on a case-by-case basis by the Police Chief and City Manager.

City Council/RSA Agenda 73 Tuesday, February 8, 2022
5 B. Bereavement Leave:

Employees may be granted paid bereavement leave, not to exceed five (5) workdays, (days may be taken non-consecutively) upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sisterin-law, brother-in-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).

C. Jury Leave:

An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Verification of jury duty attendance is required upon returning to work. The juror badge attached to the jury duty summons does not qualify as verification of attendance.

D. Military Leave:

Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.

E. Personal Leave:

The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional ten (10) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of thirty (30) hours per fiscal year. An additional ten (10) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year.

Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.

F. Unpaid Leave ofAbsence:

The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee will be reinstated to the position held at the time leave was granted and said employee shall retain their seniority rights based on years of City Council/RSA Agenda 74 Tuesday, February 8, 2022
6 service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.

Employee is fully responsible for all premiums of benefits while on approved leave.

G. Family Leave:

The City shall comply with all provisions of the Federal Family Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.

H. Sick Leave:

Employees shall earn eight (8) hours per month of Sick Leave without limit on accumulation.

Employees shall be allowed to convert eighty (80) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a sick leave balance of four hundred eighty (480) hours or more.

Conversion ofSickLeave to VacationLeave isonan hour-for-hour basis and may only takeplace at the end of each fiscal year, as requested by the employee.

I. Occupational Injury Leave:

For employee injury or disability, the provisions of the State Worker's Compensation Act and other applicable laws pertaining to sworn personnel shall apply.

SECTION 3.00 VACATION
Employees shall receive vacation benefits in accordance with the following schedule and provisions effective January 01, 2022:

Years of Service Pay Period Accrual Rate Annual Accrual 0-3 years 3.08 80 hours
4-8 years 4.62 hours 120 hours
9-13 years 5.38 hours 140 hours
13-15 years 6.15 hours 160 hours
16+ years 7.69 hours 200 hours
Employeesmay accumulate upto560hours ofvacation.

For calendar year 2022, employees may also receive annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out.

Employee request for cash payment must be submitted to Payroll no later than June 1st and cash payment shall be made at the end of the fiscal year.

Effective calendar year 2023, 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 City Council/RSA Agenda 75 Tuesday, February 8, 2022
7 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, holiday and/or administrative leave 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. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

Employees may cash out up to 320 hours of vacation at the time of theirseparation from the City; any leave accruals above 320 hours at separation must be taken as time off or forfeited. Employees shall receive cash payment for unused Vacation Leave at their current base salary rate at the time of separation or upon the start of an extended leave from City employment SECTION 4.00 HOLIDAYS
Police Managers will receive one-hundred forty-four (144) hours of Regular Holiday time each fiscal year. The Regular Holiday time must be taken as a cash benefit equivalent to one hundred forty-four hours of pay calculated at the employee's base salary rate which will be paid out in equal payments each pay period.

The Holiday Pay benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(5).

Police Managers will also receive twenty (20) hours of Floating Holiday time at the beginning of each fiscal year. The Floating Holiday hours must be used within the fiscal year earned and may not be accumulated or cashed out.

SECTION 5.00 EDUCATIONAL INCENTIVE
Police Managers meeting the below listed educational requirements will receive an additional five percent (5%) in base salary.

Bachelor's Degree or higher, in conjunction with the successful completion of one of the following additional educational courses:

Senior Management Institute for Police (SMIP)
POST Command College
FBI National Academy
West Point Leadership Program
POST Management School
Possession of a Master's Degree
City Council/RSA Agenda 76 Tuesday, February 8, 2022
8 The Educational Incentive benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(2).

SECTION 5.01 TUITIONREIMBURSEMENT
When an employee voluntarily and with prior approval of the Chief of Police and Finance Director undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training and required textbooks or manuals. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Police Management Association members to be distributed by the Association with City Manager approval. Where the education or training program is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

SECTION 5.10 BILINGUAL COMPENSATION
The City will compensate each bilingual Police Manager 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.

The Bilingual Compensation benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(4).

SECTION 6.00 INSURANCE COVERAGE
A. Health and Welfare Coverage:

The City ceased providing management employees with the following fully paid benefits: medical and dental insurance, disability insurance, vision care insurance and flexible benefits. These benefits which management employees previously received, prior to 1996, were subsequently absorbed into management employees' base salaries. The City shall continue this practice.

If employees choose to receive medical and dental benefits through the City's group plans, they must either pay the City directly for the benefits or sign an agreement permitting the City to deduct the cost of such benefits from their paychecks. For employees enrolled in a PERS health plan through the City, the City shall pay the minimum contribution for such health benefits required under PEMHCA.

TheCity agreesto provide up to $2,000 per month to each employee to pay for excess medical, dental, vision and long-termdisability insurance costs.

Employeeswhoare covered formedical benefitsthrough a spouseoradomestic partnermayelect not to enroll in a City group medical plan. Employees electing this option shall provide proof of medical City Council/RSA Agenda 77 Tuesday, February 8, 2022
9 coverage to the City. 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.

The City agrees to advance the cost of health premiums (medical and dental coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six (6) months of return to work or upon termination.

If employees choose to receive vision care insurance through the City's group plans, they must either pay the City directly for the benefit orsign an agreement permitting the City to deduct the cost of such benefits from their paychecks.

B. Life Insurance
Life Insurance coverage for Police Managers is as follows: $100,000 for life insurance and $100,000 for accidental death or dismemberment. Supplemental life insurance is also available, the cost of which shall be borne by the employee.

C. Deferred Compensation Plan:

For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month to a pre-tax 40l(a) Deferred Compensation Plan. Employees must either contribute a minimum percentage of their base salary to this plan as determined by group-wide consensus or opt out of the plan entirely. The specific groupings/divisions of management classifications shall be deferred at plan inception andshallbebased uponcriteriastated intheDeferredCompensation Plan.

The option to opt out is currently irreversible and can take place only at plan inception or when an employee is hired/promoted to a management-level classification. If employee opts out of plan entirely, he/she will not receive said benefit
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.

SECTION 7.00 UNIFORMS
Police Managersshall receive Uniform Allowance of $1,250 per year which shall be paid inequal cash payments each pay period. The Uniform Allowance benefit is special compensation that is added to theemployee's basesalary aslistedinthePublicEmployeeRetirementLaw;Section 571 (a)(5).

SECTION 8.00 RETIREE MEDICAL PLAN
Retirees are not required to, but may, continue in the existing City medical health plans upon retirement using the benefit monies under this section or self-pay. Retirees wishing to purchase an alternative medical coverage after retirement shall receive reimbursement under this Section in quarterly payments onMarch31st,June30th, September 30th andDecember 31st ofeachyear.Aretiree City Council/RSA Agenda 78 Tuesday, February 8, 2022
10 who chooses not to continue in the existing City medical plans shall be required each year to provide proof to the City on or before January 16th that the retiree has used the retiree health payments from the City to pay accident or health insurance premiums as required by the Internal Revenue Service to render the City's retiree health contributions non-taxable. Acceptable "proof'' includes, but is not limited to:1)Copiesofinvoices from, and checks of premiums to, the accident or health plan insurance provider, or; 2) A copy of the applicable accident or health insurance plan along with a copy of the checks written by the retiree to pay for the premiums for the accident or health plan insurance. The quarterly payments shall begin the firstfull quarter after retiree has left service with the City.

Any reimbursement owed to the retiree for partial quarterly payments shall be made in the first quarter's benefit check.
(For example, if the retiree leaves May 1st, the first quarterly payment would be June 30th and would include reimbursement for the month of May.) Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service with the City - Fifty percent (50%) of the cost of the Kaiser Single or two party benefit, up to a maximum of $1000 per month.

After twenty (20) years of service with the City- Seventy five percent (75%) of the cost of the Kaiser Single or two party, to a maximum of up to $1,500 per month.

After twenty five (25) years of service with the City - One hundred percent (100%,) of the cost of the Single or two party, to a maximum of up to $2,000 per month.

For those who retire after ratification ofthisMemorandum of Understanding fifty percent (50%) ofthe 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.

Benefits- Employees Hired After January 1, 2013:

Afterfifteen (15)yearsof combined service as_a member oftheUnionCityPoliceOfficers Association and Union City Police Management Association- Fifty percent (50%) of the cost up to the Kaiser Single benefit to a maximum of $500 per month.

Aftertwenty (20) years of combined service as amember ofthe UnionCity Police Officers Association and Union City Police Management Association - Seventy-five percent (75%) of the cost up to the Kaiser Single benefit, to a maximum of$750 per month.

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

Contributions
Bargaining unit members will contribute sixty dollars ($60) per pay period to the Union City Retiree Medical Fund.

City Council/RSA Agenda 79 Tuesday, February 8, 2022
11 The City will contribute annually to the fund an amount reasonably necessary to fund the above benefit.

Retiree Medical Committee
Within one hundred and twenty days following the adoption of this agreement, the City and the UCPOA shall convene a joint committee for the limited purpose of exploring means to obtain a favorable tax treatment oftheCity'sreimbursement ofretireemedical expenses. Representatives ofthe UCPMA shall also participate in this joint committee. The parties shall implement any such changes agreed upon and memorialized in a side letter, during the term ofthis agreement.

SECTION 9.00 SALARIES
A. Longevity Pay
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion oftheir nineteenth (19th) year of permanentfulltime service as a sworn police officer. Such payments will commence with the first pay period after the employee's 19th anniversary as a full time sworn policeofficer.

B. Advancement in Pay:

Step Increase Reviews shall provide the means through which a bargaining unit member is evaluated and assigned to an appropriate salary level within his or her classification.

These reviews shall be completed separately before a Scheduled Step Increase. The following shall establish schedules, criteria and guidelines for Step Increase Reviews:

1. Scheduled Step Increases:

Bargaining unit member are eligible to receive Step Increases after meeting the following Time- inStep Requirements:

STEP
1 2
3 4
5 TIME-IN-STEP REQUIREMENT
6 months
6 months
12 months
12 months
N/A
If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in step prior to the completion of the above Time-in-Step Requirements and/or may be advanced more than one (1) step. Such exceptions are contingent upon recommendation ofthedepartment head and approval oftheCity Manager.

If an employee is on leave without pay for more than one (1) month, the time on leave shall be City Council/RSA Agenda 80 Tuesday, February 8, 2022
12 deducted from the employee's accumulated Time-in-Step.

Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee'ssupervisor.

C. Cost of Living Adjustment:

Effective the first full pay period following January 1, 2022, the City shall increase the salariesfor all bargaining unit members by 3.00%.

Effective the first full pay period following January 1, 2023, the City shall increase the salariesfor all bargaining unit members by 3.0%.

Effective the first full pay period following 1, January 20241the City shall increase the salaries for all bargaining unit members by 3%.

D. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide all bargaining unit members an additional equity adjustment that does not exceed 4% each year so that a compaction issue does not occur between sworn classifications. The UCPMA shall receive the same equity adjustments that the sworn classifications of UCPOA receive each year in their contract.

E. Comparable Compensation Surveys
Internal compensation surveys - In prior negotiations, the parties have used a 15% Total Compensation differential between Sergeants and Lieutenants and between Lieutenant and Captain positions.

Compaction surveys between Sergeant and Lieutenant positions will either include the average overtime and compensation time earned for Sergeants or exclude Administrative Leave for Lieutenants.

External compensation surveys- designed to compare total compensation between UnionCity Police Department Lieutenants and Captains and similar ranks of the established benchmark cities (Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, San Leandro) shall include, at a minimum, the followingcriteria:

Total Salary Categories:
• Maximum monthly base salary
• Uniform Allowance
• Holiday Pay
• Educational Pay
Total Benefits Categories will be agreed upon by the parties prior to subsequent negotiations in City Council/RSA Agenda 81 Tuesday, February 8, 2022
13 determining the components that will be included in the Salary Compensation Study.

Examples:
• PERS EPMC (Employer Paid Member Contribution)
• PERS (Normal Cost)
• Deferred Compensation (Employer Paid)
• Medical
• Vision
• Dental
• OASDI
• Medicare
• Life Insurance
• LTD/STD
• Adm.in Leave and Overtime in cities were Lieutenants receive overtime compensation • Special Management Benefits
Criteriamay bemodified inthesalarysurveys asmutually agreed upon bytheCITYandUCPMA.

F. Acting Pay
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification and have been assigned and worked for one full shift or more shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary.

For purposes of acting pay compensation, it is the assigned employees’ responsibility to submit a memo listing the dates and hours worked to the Chief of Police through the chain of command.

Assignment of employees to serve in an acting capacity shall be based upon methods determined by the sole discretion of the Chief of Police.

Nothing in this section shall limit the authority of the Chief of Police or designee to assign employees temporarily to a position of higher classification for the purpose of providing specific training in the work of the higher classification. Such temporary training assignments shall not constitute service in an acting capacity and shall not create entitlements to acting pay.

Additional compensation shall not apply to employees assigned to a modified duty assignment pending recuperation from an industrial or non-industrial injury or illness.

Employees who qualify for acting pay shall be compensated at their acting pay salary level during periods of approved leave with pay during which they could otherwise be performing the duties of the higher classification, if not for being on such approved leave with pay. In the event of an employee’s performing such acting assignment is absent from work because of illness or injury, the City may replace said employee with another employee to perform the acting assignment, or, after five (5) consecutive days of such absence, the City may terminate the employee’s acting assignment designation and the additional compensation provided therefore.

G. Salary Step Schedule
City Council/RSA Agenda 82 Tuesday, February 8, 2022
14 Salary Step increases shall be implemented in the following manner:

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 his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.

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 his/her step increase implemented on the first day of the following pay period.

SECTION 9.10 PROMOTIONS
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 for the position from which the employee was promoted. The City shall use the promoted employee’s base salary and any incentive pay they were receiving to determine the employee’s salary and proper step placement. Incentive Pay may include Specialty Pay and Educational Pay.

SECTION 10.00 RETIREMENT
The CITY shall contract with the California Public Employees' Retirement System to provide for the following retirement benefits as are currently referenced to Sections from the Government Code:

1. 3% @Age 50 Benefit Formula as provided in Section 21362.2.

2. Indexed Level ofthe 1959 Survivor Benefit as provided in Section 21571 Level 1.

3. One-Year Fiscal Compensation as provided in Section 20042.

4. PriorServiceCredit asprovided inSection 20055.Thisisservice rendered bythe employee prior to the effective date of the contract with CalPERS.

5. Removal ofExclusion asprovided inSection 20503.Positionsthatwerepreviously excluded frommembershipmaynowbeeligibleformembershipwhenrequirements formembership are met.Previously excludedmembersmayelecttopurchaseearlier service as "public service."

6. Pre-Retirement Option 2 as provided in Section 21548. Upon the death of a member who was eligible to retire, the spouse may receive an allowance equal to the amount the member would have received if the member had retired forservice retirement on the date of death and elected Option 2W.

7. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.

8. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.

9. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004% years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.

10. Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to 30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 500/o offinal compensation.

City Council/RSA Agenda 83 Tuesday, February 8, 2022
15 11. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant toSection 21620.

12. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.

13. TwoYearsAdditionalServiceCredittoemployeeswhoretirewithinaspecifiedperiod provided in Government Code Section 20903.

Pursuant to the provisions of Section 20691 of the California Government Code, the City shall pay the employee contribution (9%) in the employee's name the Public Employees' Retirement System. Such payments shall be implemented pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, and reported to the Public Employees' Retirement System as compensation earnable.

SECTION 11.00 RETIREMENT BENEFITS
The City agrees to continue providing retirement benefits with the Public Employees Retirement System ("PERS") using the "single highest year''formula (Government Code Section 20042) with full reimbursement of the employee's contribution.

The City agrees to continue the PERS retirement plan known as "3% @ 50" (Government Code Section 21362.2) for all sworn personnel. The City shall report the Employer-Paid Member contribution (9% safety) to PERS as "special compensation" for purposes of calculating an employee's "single highest year" in accordance with Government Code Section 20042.

Newly hired sworn personnel hired after the adoption of the new retirement formula shall receive the PERS retirement plan known as "3.0%@ 55" (Government Code Section 1363.1) using the 36 month formula (Government Code Section 20037). TheCity shall report theEmployer-Paid Member Contribution to PERS as special compensation for the purpose of calculating an employee's "36 month average" in accordance with Government Code Section 20042.

Effective the May 29, 2015 pay check, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Effective July 1, 2015, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.

Pursuant to the provisions of Government Code Section (GCS) 20691, the City shall pay the employee contribution in the employee's name in the Public Employees' Retirement System.

Such payments shall be implemented pursuant to the provisions of GCS 20636 (c)(4) and reported to the Public Employees' Retirement System as compensation earnable.

The City shall report the Employer-Paid Member contribution to PERS as "special compensation" for purposes of calculating as employee's "single-highest year" in accordance with GCS 20042.

New Members as Defined Pursuant to AB 340:

The increased reimbursements described above shall not apply to ''New Members" as City Council/RSA Agenda 84 Tuesday, February 8, 2022
16 defined byAB340. The employee contributionsshall be those established by AB 340.

SECTION 12.00 WORK SCHEDULES
Police Managersshall work a four day, ten hour per day (4-10), 40 hours per week work schedule. The City shall comply with all applicable laws regarding the use of time off. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community and flexible scheduling opportunitiesshallremain solely attheCity's discretion.

SECTION 13.00 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 14.00 DURATION
The Memorandum of Understanding shall be ineffectforthe period from January 1, 2022 to December 31, 2024, unless extended by mutual agreement by the parties.

Executed this ______ day of _____________, 2022
______________________________________ _____________________________________ Joan Malloy, City Manager Andrew Holt,
Union City Police Management Association
______________________________________ ____________________________________ Lilybell Nakamura, Chief HR Officer Paul Kanazeh,
Union City Police Management Association
______________________________________
Jeff Bailey, IEDA Chief Negotiator
City Council/RSA Agenda 85 Tuesday, February 8, 2022
Agenda Item
DATE: 2/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

AWARD A CONTRACT TO TURF AND INDUSTRIAL FOR THE

PURCHASE OF TWO WIDE AREA MOWERS IN THE AMOUNT NOT TO
EXCEED $138,242, DECLARING CERTAIN VEHICLES AND EQUIPMENT

AS SURPLUS, AND AUTHORIZING THEIR SALE AT AUCTION
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to award a contract to Turf and Industrial for the purchase of two wide area mowers, in the amount of $138,242, declaring certain equipment as surplus, and authorizing their sale at auction. The $138,242 amount includes the funds to purchase the two mowers along with a 5% contingency for unforeseen expenses. Following their purchase, two existing mowers are to be taken out of service, declared surplus and disposed of by public auction.

STRATEGIC PLAN ALIGNMENT
Goal D: Create a healthy, sustainable community and maintain and improve the City’s infrastructure In parallel with Strategy 8 to reduce emissions: With the addition of the new mowers that are in compliance with the Tier 4 Environmental Protection Agency (EPA) standard and that meet the 97/68/EDD non-road mobile machinery (NRMM) emissions regulation.

BACKGROUND
As part of the City’s ongoing vehicle and equipment replacement program, staff determined that the equipment listed below is no longer practical for municipal use.

UNIT DEPT YEAR AGE MAKE MODEL VIN
USAGE
HOURS
City Council/RSA Agenda 86 Tuesday, February 8, 2022
564 PW 2002 20 JOHN DEERE WAM1600T TC1600T010037 5,843
597 PW 2009 13 JOHN DEERE WAM1600T TC1600T080002
4,650
Given the age and usage hours of the equipment listed for replacement, the continued utilization in the City’s fleet is not recommended. Older equipment typically has higher maintenance costs and reliability issues, including challenges in finding replacement parts; in fact, the majority of parts for these mowers are unsupported. These mowers also do not meet current dieselemissions standards.

DISCUSSION
The following mower replacements are recommended. A cost summary outlining the purchase price and cost to outfit these mowers, where applicable, is included in Attachment A.

1. Unit 564, a 2002 John Deere WAM1600T mower used by the Grounds Division, is being recommended for replacement with a new 2022 John Deere WAM1600T mower with the most current emissions technology assisting the City with reducing it's carbon footprint.

2. Unit 597, a 2009 John Deere WAM1600T mower used by the Grounds Division, is being recommended for replacement with a new 2022 John Deere WAM1600T mower with the most current emissions technology assisting the City with reducing its carbon footprint.

The City’s Public Works Fleet Division sought and received a proposal from Turf and Industrial, in the amount of $131,658.48, to furnish replacement Wide Area Mowers. Mower purchases are available under a Sourcewell cooperative agreement (formerly known as the National Joint Powers Alliance), government purchasing contract #031121-DAC (PG NBCG70). Sourcewellensures competitive pricing through a national request for proposals process that leverages the purchasing power of member agencies while streamlining purchasing procedures. This enables the City to legally purchase discounted vehicles through Sourcewellawarded contracts.

FISCAL IMPACT
The total cost for the 2022 mower replacements is $138,242, which includes the cost to purchase the new mowers along with a 5% contingency for unseen expenses due to potential lack of available materials and parts.

The FY 2021-2022 adopted budget included $423,000 in Account Number 6122-3151-35004-57130 (Garage Equipment Replacement Fund – Garage – Acquisition – Other Equipment) which will be used to cover the cost of purchasing these two mowers.

Pursuant to the provisions of Union City’s Municipal Code Section 2.32.250, surplus vehicles and equipment may be prepared for auction following City Council authorization. Proceeds from the auction will be credited to the Garage Equipment Replacement Fund (Fund 6122), to be available for future vehicle and equipment replacements.

RECOMMENDATION
It is recommended that the City Counciladopt a resolution that:

City Council/RSA Agenda 87 Tuesday, February 8, 2022

1. Authorizes the City Manager to award a contract to Turf and Industrial for the purchase of two wide area mowers, in the amount not-to-exceed $138,242.

2. Declares two existing mowers as surplus, to be disposed of by public auction, and the proceeds to be deposited into the Garage Equipment Replacement Fund (Fund 6122).

Prepared by:

Bob Calderon, Public Works Fleet Supervisor
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution - Mower Purchase Resolution
Exhibit A - Jan 22 Vehicle Replacement Program Exhibit
City Council/RSA Agenda 88 Tuesday, February 8, 2022
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO TURF AND

INDUSTRIAL FOR THE PURCHASE OF TWO WIDE AREA MOWERS IN THE AMOUNT NOT TO EXCEED $138,242, DECLARING CERTAIN EQUIPMENT AS

SURPLUS AND AUTHORIZING THEIR SALE AT AUCTION
WHEREAS, two (2) wide area mowers in the Public Works Department are due for replacement due to their age and usage hours and are listed in Attachment A; and WHEREAS, the two (2) wide area mowers recommended for purchase that will replace those mentioned above are also listed in Attachment A and are available under a Sourcewell cooperative agreement government purchasing contract through Turf and Industrial; and WHEREAS, under the Sourcewell agreement, the total price for the mowers recommended for purchase is $131,658.48; and
WHEREAS, the total cost for the replacement of these two (2) wide area mowers is $138,241.40, which includes the purchase price of these two new wide area mowers and a 5% contingency for unforeseen expenses; and
WHEREAS, the FY 2021-2022 adopted budget included $423,000.00 in Account Number 6122-3151-35004-57130 (Garage Equipment Replacement Fund – Garage – Acquisition – Other Equipment) which will be used to cover the cost of purchasing these two wide area mowers; and WHEREAS, two (2) mowers listed in Attachment A have been presented to the City Council to be declared surplus upon purchasing the replacement mowers, with the surplus mowers to be disposed of at auction, in accordance with provisions of the City’s Municipal Code Section 2.32.250; and
WHEREAS, proceeds from the sale of the surplus mowers will be credited to the Garage Equipment Replacement Fund (Fund 6122).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to award a contract to Turf and Industrial in the amount not-toexceed $138,242, to purchase the two wide area mowers listed in Exhibit A; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby declares the City mowers listed in Exhibit A as surplus mowers to be sent to public auction, and that the proceeds from their sale will be credited to the Garage Equipment Replacement Fund (Fund 6122).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of February 2022, by the following vote:

City Council/RSA Agenda 89 Tuesday, February 8, 2022
AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 90 Tuesday, February 8, 2022

PUBLIC WORKS DEPARTMENT - FLEET DIVISION
JANUARY 2022 VEHICLE REPLACEMENT PROGRAM
Updated January 19 2022

EXISTING CITY VEHICLES RECOMMENDED REPLACEMENT
# OF

EXISTING UNIT DEPT YEAR AGE MAKE MODEL VIN

LICENSE

PLATE MILEAGE NOTES
# OF

NEW YEAR MAKE MODEL TYPE COLOR VEHICLE COST

UPFITTING

COST TOTAL
1 564 PW 2002 20 John Deere WAM 1600T TC1600T010037 5843 HRS See note 1 1 2022 JOHN DEERE WAM1600T

SERIES III

WIDE AREA
MOWER GRN $65,829.24 $0.00 $65,829.24
2 597 PW 2009 13 John Deere WAM 1600T TC1600T080002 4650 HRS See note 2 2 2022 JOHN DEERE WAM1600T

SERIES III

WIDE AREA
MOWER GRN $65,829.24 $0.00 $65,829.24
TOTAL $131,658.48 $0.00 $131,658.48
5%
Contignency $6,582.92
Total for City
Council
Approval: $138,241.40
NOTES: Account number 6122-3151-35004-57130, Wide Area Mowers Sourcewell contract 031121-DAC (PG NBCG70) 1 - Unit is obsolete, majority of parts are unsupported and does not meet current diesel emissions regulations 2- Unit is obsolete, majority of parts are unsupported and does not meet current diesel emissions regulations City Council/RSA Agenda 91 Tuesday, February 8, 2022
Agenda Item
DATE: 2/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A

CONTRACT TO A-Z BUS SALES OF COLTON, CA, FOR THE PURCHASE OF ONE (1) NEW REPLACEMENT ELECTRIC PARATRANSIT VEHICLE
THROUGH THE CALACT/MBTA STATEWIDE VEHICLE CONTRACT 19-01, IN THE AMOUNT OF $214,491, AND APPROVING A BUDGET TRANSFER OF $214,491 FROM FUND 5110 (TRANSIT FUND) TO FUND 5120 (PARATRANSIT

FUND) FOR THE PURCHASE OF THIS PARATRANSIT VEHICLE
Staff recommends that the City Council adopt a resolution authorizing the City Manager to award a contract to AZ Bus Sales of Colton, CA, for the purchase of one (1) new replacement electric paratransit vehicle through the CalACT/MBTA statewide vehicle contract 19-01, in the amount of $214,491, and approving a budget transfer of $214,491 from Fund 5110 (Transit Fund) to Fund 5120 (Paratransit Fund) for the purchase of this Paratransit vehicle.

STRATEGIC PLAN ALIGNMENT
Goal D: Create a healthy, sustainable community and maintain and improve the City’s infrastructure; Strategy 8: Convert the Union City Transit fleet to electric.

BACKGROUND
Union City Transit received six (6) compressed natural gas (CNG) paratransit vehicles in 2009 to replace the four (4) diesel vehicles that had met their useful life. The useful life of the 2009 vehicles is seven (7) years, making the vehicles eligible for replacement in 2016.

Union City Transit has an annual allocation of funds from the State of California’s Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006, that allows for revenues from the quarterly auction of greenhouse gas (GHG) permits to be directed to transit projects that will reduce emissions. Allocations are distributed to projects through an application process to ensure that the funds will reduce emissions and benefit communities of concern (CoC). The City Council authorized staff to apply for the FY18-19 Low Carbon Transit City Council/RSA Agenda 92 Tuesday, February 8, 2022
Operations Program (LCTOP) funds through Resolution 5456-19 to procure an electric paratransit vehicle and Union City Transit received $163,805.

On July 8, 2020, the Metropolitan Transportation Commission (MTC) programmed the State of California’s Assembly Bill 664 (AB 664) Bridge Toll Revenues in the amount of $343,242, through a revision to Resolution 4262 for Union City Transit electric vehicle procurements. These funds are provided as a match to other funding sources when procuring vehicles.

DISCUSSION
Union City Transit is a member of the California Association for Coordinated Transportation (CalACT), who coordinates a statewide electric transit vehicle contract (Contract 19-01) through the competitively-bid Morongo Basin Transportation Authority (MBTA) Request for Proposal (RFP). Union City Transit is an authorized agency by CalACT, allowing it to procure vehicles from the MBTA contract.

On October 14, 2020, MBTA issued a Notice of Intent to Award a contract to A-Z Bus Sales of Colton, CA. A-Z Bus Sales was responsive to staff’s request for a quote and provided a reasonable estimate for the paratransit vehicles from Nor-Cal Vans of Chico, CA, with a propulsion system and battery installed by Lightning eMotors of Loveland, CO.

The one (1) replacement paratransit vehicle for City Council consideration is called an unmodified body vehicle. It is essentially a Ford Transit passenger van equipped with a wheelchair lift, wheelchair securements, and seating that can accommodate three (3) wheelchairs. Staff has also requested additional features to be added onto the vehicle including security cameras, information displays, fareboxes, and a bus door with stairs. The electric propulsion system and battery are installed by Lightning eMotors, which is a certified Ford electric vehicle outfitter guaranteeing that the standard Ford warranty will not be voided by the modification.

Union City Paratransit received a similar vehicle in September 2021 and has found that the vehicle meets the needs for paratransit operations.

FISCAL IMPACT
This procurement will be funded with $214,491 of LCTOP and AB 664 funds which were included in the FY 2021-2022 Adopted Budget. Funds for this procurement were originally included in the FY 2021-2022 Adopted Budget of the Transit Fund in Account Number 5110-3141-99999-57130 (Transit Fund – Transit – Approved Capital Projects-PW – Other Equipment). As part of the attached Resolution, staff is requesting City Council’s approval of a budget transfer of these funds from Account Number 5110-3141-99999-57130 to Account Number 5120-3141-92206-57130 (Paratransit Fund – Transit – Paratransit Van Replacement Project – Other Equipment).

There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to award a contract to AZ Bus Sales of Colton, CA, for the purchase of one (1) new replacement electric paratransit vehicle through the CalACT/MBTA statewide vehicle contract 19-01, in the amount of $214,491, and approving a budget transfer of $214,491 from Fund 5110 (Transit Fund) to Fund 5120 (Paratransit Fund) for the purchase of this paratransit vehicle.

Prepared by:

City Council/RSA Agenda 93 Tuesday, February 8, 2022
Stephen Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A - Quote Attachment
Attachment B- Floorplan Attachment
Attachment C- Budget Appropriation Attachment
Attachment D- NorCal Vans Brochure Attachment
Attachment E- Lightning eMotors Brochure Attachment
Resolution Resolution
City Council/RSA Agenda 94 Tuesday, February 8, 2022
MBTA CalACT Cooperative RFP #19-01
Quote Date 1/20/2021
34650 7th Street County: Alameda Expires Limited Chassis Union City Zip Code: 94587 Availability
Steve Adams Office Phone: 510-675-5445 DSI Account:
[email protected] Cell Phone: 510-760-3549 Fax Number Clay Hartman Type Z-1, Ford Transit 350EL, EV Type of Batteries 80 kWh proterra QTY Contract Price
NOR CAL VAN , TYPE Z-1, Ford Transit 350EL
1 Nor Cal Van FTLB-S-10-3
1 Sub-Total Base Unit $179,821.00

PUBLISHED OPTIONS
13 Delivery charge per mile past 100 $ 4.00 52.00
1 OEM Drivers Seat (Included) OEM Included -
1 AM/FM Std, CD NA -
1 DMV Document Fees $ 80.00 80.00
1 State Tire Tax Fees $ 12.25 12.25
1 Travel Master Level II Charger, (Included) INCL
1 Sub-Total Published Options 144.25

NON PUBLISHED OPTIONS
1 310.00 310.00
1 3,756.00 3,756.00
1 30.00 30.00
2 20.00 40.00
1 707.00 707.00
1 375.00 375.00
1 150.00 150.00
1 225.00 225.00
1 144.00 144.00
1 875.00 875.00
1 862.00 862.00
1 3,323.00 3,323.00
1 8,165.00 8,165.00
1 1,525.00 1,525.00
1 225.00 225.00
1 Sub-Total Non-Published Options 20,712.00

SUMMARY

SPECIFICATION SUMMARY
1 Model Year 2021 Make: Nor Cal Van Wheelchair Lift Model: Braun Century 1 Type: Ford Transit 350EL Chassis: Ford Transit 350 EL Wheelchair Lift Location Rear 1 Passenger Capacity: 8 + 3 w/c Wheelbase: 148 Number of Tie Downs: 3 1 Seat Fabric: Ford OEM Engine: Lightning Systems Alternator: Lightning 1 Air Conditioning System: OEM GVWR: 10,360 Tie Down Type Q'Straint 1 Exterior Color/Graphics: Union City Graphics Body Length: 22 FT Estimated Delivery: Jun-22 Custom stanchion Fare Box pole
Paint and Graphics by Classic Design, Green paint + Union City Graphics Tri Fold Clear literature racks
GPS Lock Box Tablet holder for Samsung 8.5" Tab A, mounted near driver PreWire for 2 way radio antenna access hole in headliner, conduit & power to center console area Drivers Side Step Running Board at Drivers Door
Diamond XV Fare Box with 2 vaults (s/p)
Bus Style Entrance Door
Zero Emissions ~ EV
Customer: City of Union City
Address:

City
Plexiglass Barrier behind driver seat
Privacy Tint - Side Windows and Back Window
Storage Console in lieu of Co Pilot Seat
REI HD5-2TB 4 camera System with GPS and Event marker
Contact:

Chassis, Ford Transit 350EL, 148" WB
Email Address:

Sales Representative
Option Description
Ford Transit 350EL EV
Dual OEM batteries
(3) Pre Wires for customer supplied items, power leads and in line fuses

8.5" x 11" display rack
City Council/RSA Agenda 95 Tuesday, February 8, 2022
MBTA CalACT Cooperative RFP #19-01
Quote Date 1/20/2021
34650 7th Street County: Alameda Expires Limited Chassis Union City Zip Code: 94587 Availability
Steve Adams Office Phone: 510-675-5445 DSI Account:
[email protected] Cell Phone: 510-760-3549 Fax Number Clay Hartman Type Z-1, Ford Transit 350EL, EV Type of Batteries 80 kWh proterra QTY Contract Price
Zero Emissions ~ EV
Customer: City of Union City
Address:

City
Contact:

Email Address:

Sales Representative
Option Description

SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford OEM Body construction. 205/75R16
1 Ford XL Wagon Trim Package Lightning Systems EV Drive Train 1 Braun Rear Lift 148" Wheelbase
1 Bus Style Entrance Door 3.73 Rear Axle Ratio
1 Headroom Height Interior, 77" 10,360 lb GVWR
1 Exterior Height 107.7" Rear Axle: Dual Tires.
1 Overall Length 263.9" OEM Ford HVAC
1 Q-Straint L Track OEM Audio System
1 Altro Flooring in w/c area. Reverse Backing camera

CONTRACT PRICING SUMMARY
1 Base Unit as Specified 179,821.00
1 Published Options 144.25
1 Non-Published Options 20,712.00
1 Sub-total per Unit 200,677.25
1 Mobility Aid rebate shown for sales tax purpose 1,000.00 Reversed out below 1 ADA Portion 15,799.25
1 Taxable amount on which tax is collected 185,878.00
1 Sales Tax on taxable amount 10,803.23 5.812% Union City 1 CalACT MBTA Fee of 1.5% on the subtotal 3,010.16
1 Mobility Aid Rebate reversed out (1,000.00)
1 Grand Total, Each 214,490.64
1 Qty 1
1 Grand Total 214,490.64
1 Signature Signature Date
Print Name
Limited to Chassis on hand.

COMPANY/AGENCY
Print Name
Clay Hartman
Clay Hartman
HVIP, VW Funds, etc, that might be available to
the City are not calculated into this proposal.

PARTIAL Sales Tax Reduction for the
Purchase of Zero Emissions Vehicles -

3.9375% off current rate through 12/31/2023.

City is responsible for the appliction of tax
reduction, and any Sales Tax Rate changes
prior to Delivery
City Council/RSA Agenda 96 Tuesday, February 8, 2022
City of Union City
MBTA 19-01, Type Z-1, Van
City Council/RSA Agenda 97 Tuesday, February 8, 2022
Route to Finance Department JE #
Posted
Nature of adjustment:

Inter-account Transfer [ ]
Additional Appropriation [ ] Approved by Council Action/Resolution # ____________ Account Number Amount Account Number Amount
Reason for request:

Department Head Signature: ____________________________________________ Date: ____________ Availability of funds approved by Administrative Services Director: ____________________________________________ City Manager approval: ____________________________________________

INCREASE BUDGET OF THIS ACCOUNT DECREASE BUDGET OF THIS ACCOUNT

REQUEST FOR BUDGET TRANSFER
OR

SUPPLEMENTAL APPROPRIATION
City Council/RSA Agenda 98 Tuesday, February 8, 2022
NorCal

VAN CONVERSIONS
1300 Nord Avenue, Chico, CA 95926 • (866) 892-0150 • www.NorCalVans.com Paratransit Wheelchair Vans
City Council/RSA Agenda 99 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 2
STEP 1: CHOOSE YOUR LIFT
SIDE OR REAR LIFT: Choose between Braun or Ricon Wheelchair Lift (800 -1,000# capacity) or choose an easy-lift manual wheelchair ramp on the Transit Connect

UPGRADE YOUR PASSENGER ENTRY
Rear Lift
Shift-N-Step – Shift your lift to the rear to
allow passengers to easily enter the van!
Add a custom grab bar too!
Side Lift
Curbside Access – Add an additional
loading option for passengers and
add a power step!
Manual Ramp – Available on
Transit Connect Only
Bus Door – Give your van some
style with our bus door option!
City Council/RSA Agenda 100 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 3
STEP 2: CHOOSE YOUR SEATS
Choose between a Ford OEM Seat or upgrade to a Flip or Fold Away Seat to allow for wheelchair users. You can also upgrade to an executive style seat. Freedman Seating has a variety of colors and materials to choose from!
Freedman Foldaway Seat
Abilitrax Seats
Freedman Flip Seat
Freedman Seating has many
styles to choose from!
Ford OEM Seats
Katsking Covers – An affordable
option for covering Ford OEM Seats
City Council/RSA Agenda 101 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 4
STEP 3. CHOOSE YOUR OPTIONS
Featured are some of our options to choose from. Don’t see what you are looking for? Just ask our sales staff. Our goal is to build a van that meets YOUR needs!

GRAB BARS

TIE DOWNS FOR WHEELCHAIR, GURNEY, AND SCOOTERS
Rightside (B-Pillar) Grab Bar
QRT Max – Fully Automatic
Knobless Retractor
M Series – Manual Belt
QRT Standard – Semi-Auto
retractible
Slide N’ Click – Easy
attached rotating anchorage
QRT Deluxe – Self Locking &
Tensioning Retractor
QER Electric Retractor
QRT 360 – Heavy Duty
& Meets WC18
Gurney Securement System
Leftside (C-Pillar) Grab Bar Rear Grab Bar
City Council/RSA Agenda 102 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 5
STEP 3. CHOOSE YOUR OPTIONS

ADDITIONAL STORAGE

RUNNING BOARD AND STEPS
Storage Rack Great for storing
wheelchairs. Top bar has hooks for
purses, grocery bags, or backpacks
Grip Step
Electric Retractable Step –
Available for all side doors
Long Step on Curbside
Abilitrax Step for Shift-N-Step
Rear Manual Step
Power Rear Step
Luggage Partitions Great for
separating luggage, sports gear, ice
chest, or tools from passenger area.
(Shelf optional)
Storage Partition with Steel top
for visability.

City Council/RSA Agenda 103 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 6
STEP 3. CHOOSE YOUR OPTIONS
A/C & Heating – Add additional rear
A/C or Heating to your van
Safety Kits – Add a First Aid, Fire
Extinguisher, Triangle Flare Kit, Body Fluid
Kits, and more!
Additional Lights – Helps
passengers see their surrondings.

Tinting – a great option for
privacy or to simply stay cool
PA System
Lights – Help Load Passengers Safely
Emergency Egress – A great safety
feature to add to any van
USB Ports
Hatch Roof – Emergency Exit
City Council/RSA Agenda 104 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 7
STEP 3. CHOOSE YOUR OPTIONS
Wheel Covers – Add stainless steel wheel covers
to give your van a polished look!
Back Up Alarm
Stepwell Lights – Add to your entry way to
help passengers enter van safely
Mud Flaps – a great option for any van Safety Signs – Add ADA, emergency exits, and no smoking signs to any van.

Passenger Viewing Mirror – A great Video Cameras
addition for moitoring passengers
Hawkeye Reverse Detection System
City Council/RSA Agenda 105 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 8
STEP 3. CHOOSE YOUR OPTIONS
Electric – Have us install an all electrict system in your Transit. This van provides practical, reliable service while producing zero emissions on the road. Charging is simple and quick, with both Level 2 AC charging and DC Fast Charge supported.

Hybrid – XL, the leader in connected fleet electrification solutions, gives Ford Transit cargo and passenger van fleets a hybrid electric upfit solution that improves fuel efficiency by 25% and significantly decreases CO2 emissions. The XL Hybrid system transforms your Transit into a hybrid electric vehicle with the same acceleration, better braking, and the original Ford warranty intact.

NOR CAL VANS IS A FORD E-QVM INSTALLER
City Council/RSA Agenda 106 Tuesday, February 8, 2022
STEP 4. CHOOSE YOUR FLOOR PLAN
FORD TRANSIT 150 PASSENGER VAN 130” RWB MEDIUM ROOF & SIDE LIFT Altro flooring – Heavy duty, commercial grade
flooring used in public transporation of all types.

Several colors and textures to choose from.

Abilitrax - Customize your seating to meet your needs on a daily basis. Seats can be easily moved to allow multiple wheelchair access.

Side Lift, 3 Passengers, 2 Wheelchairs
RWBS1
Side Lift, 5 Passengers, 2 Wheelchairs
RWBS3
Side Lift, 6 Passengers, 2 Wheelchairs
RWBS4
Side Lift, 7 Passengers, 1 Wheelchair
RWBS5
Side Lift, 5 Passengers, 1 Wheelchair
RWBS2
PARATRANSIT WHEELCHAIR VANS – PAGE 9 City Council/RSA Agenda 107 Tuesday, February 8, 2022 PARATRANSIT WHEELCHAIR VANS – PAGE 10
STEP 4. CHOOSE YOUR FLOOR PLAN
FORD TRANSIT 150 PASSENGER VAN 130” RWB MEDIUM ROOF & REAR LIFT Rear Lift, 5 Passengers, 1 Wheelchair
RWBR1
Rear Lift, 5 Passengers, 2 Wheelchairs
RWBR5
Rear Lift, 7 Passengers, 1 Wheelchairs
RWBR3
Rear Lift, 7 Passengers, 2 Wheelchairs
RWBR7
Rear Lift, 4 Passengers, 2 Wheelchairs
RWBR4
Rear Lift, 4 Passengers, 2 Wheelchairs
RWBR8
Rear Lift, 5 Passengers, 1 Wheelchair
RWBR2
Rear Lift, 6 Passengers, 2 Wheelchairs
RWBR6
City Council/RSA Agenda 108 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAG E 11
STEP 4. CHOOSE YOUR FLOOR PLAN
FORD TRANSIT 350 PASSENGER VAN 148” LWB MEDIUM

OR HIGH ROOF & REAR LIFT
Rear Lift, 10 Passengers, 1 Wheelchair
LWBR1
Rear Lift, 5 Passengers, 3 Wheelchairs
LWBR5
Rear Lift, 8 Passengers, 2 Wheelchairs
LWBR3
Rear Lift, 9 Passengers, 2 Wheelchairs
LWBR4
Rear Lift, 7 Passengers, 3 Wheelchairs
LWBR2
Rear Lift, 8 Passengers, 1 Wheelchair
LWBR6
City Council/RSA Agenda 109 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 12
STEP 4. CHOOSE YOUR FLOOR PLAN
FORD TRANSIT 350 PASSENGER VAN 148” LWB MEDIUM

OR HIGH ROOF & SIDE LIFT
Side Lift, 5 Passengers, 1 Wheelchair
LWBS1
Side Lift, 6 Passengers, 3 Wheelchairs
LWBS3
Side Lift, 7 Passengers, 1 Wheelchair
LWBS4
Side Lift, 8 Passengers, 2 Wheelchairs
LWBS2
City Council/RSA Agenda 110 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 13
STEP 4. CHOOSE YOUR FLOOR PLAN
FORD TRANSIT 350 PASSENGER VAN 148” LWB HIGH ROOF
– BUS DOOR – REAR LIFT
Rear Lift, 9 Passengers, 1 Wheelchair
ELBR1
Rear Lift, 10 Passengers, 3 Wheelchairs
ELBR5
Rear Lift, 9 Passengers, 2 Wheelchairs
ELBR3
Rear Lift, 10 Passengers, 2 Wheelchairs
ELBR4
Rear Lift, 10 Passengers, 1 Wheelchair
ELBR2
City Council/RSA Agenda 111 Tuesday, February 8, 2022
PARATRANSIT WHEELCHAIR VANS – PAGE 14
STEP 4. CHOOSE YOUR FLOOR PLAN – SHUTTLE BUS
Ford Transit 350 Passenger Van 148”
LWB Medium or High Roof
Ford Transit 350 Passenger Van EL 148” LWB High Roof
Ford Transit 350 Passenger Van EL 148” LWB High Roof - Bus Door 10 Passengers – LWB1
12 Passengers – ELB1
13 Passengers – ELB3
15 Passengers – ELB5
13 Passengers – EL1 13 Passengers – EL2
12 Passengers – ELB2
13 Passengers – ELB4
City Council/RSA Agenda 112 Tuesday, February 8, 2022
Lightning’s digital dashboard provides all the
information the driver needs
Cumulative Fleet Miles Driven and Weekly Miles Driven Cumulative Miles Driven Weekly Miles Driven
Range of Typical Economy by Temperature (mi/kWh)
Ambient Temperature (F)
Weekly data from 11/7/2021through 11/13/2021
Miles Driven Last Week Miles DrivenVehicle Utilization By Day Miles Driven
Unit 174
Unit 180
Unit 48
Unit 78
Unit 81
Unit 84
Unit 97
Average Economy

1.60 Overall (mi/kWh)

53.81, 0.63
MPGe, kWh/mi

1.60 Weekly (mi/kWh)
Fleet Uptime
95%
Overall
100%
Weekly
Weekly Temperature
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City Council/RSA Agenda 113 Tuesday, February 8, 2022
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City Council/RSA Agenda 114 Tuesday, February 8, 2022
RESOLUTION NO. XXXX-22

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD

A CONTRACT TO A-Z BUS SALES OF COLTON, CA, FOR THE PURCHASE OF ONE (1) NEW REPLACEMENT ELECTRIC PARATRANSIT VEHICLE THROUGH THE CALACT/MBTA STATEWIDE VEHICLE CONTRACT 19-01, IN THE AMOUNT OF $214,491, AND APPROVING A BUDGET TRANSFER OF $214,491 FROM FUND 5110 (TRANSIT FUND) TO FUND 5120 (PARATRANSIT

FUND) FOR THE PURCHASE OF THIS PARATRANSIT VEHICLE
WHEREAS, Union City Paratransit will be replacing older paratransit vehicles that have reached the end of their useful lives; and
WHEREAS, the California Association for Coordinated Transportation (CalACT) who coordinates a statewide transit vehicle contract through the competitively bid Morongo Basin Transportation Authority (MBTA) Request for Proposal (RFP) has a statewide contract (Contract 19-01) for paratransit vehicles; and WHEREAS, CalACT member agencies may purchase vehicles through the contract; and
WHEREAS, Union City Transit will purchase a unibody vehicle for paratransit service; and
WHEREAS, the paratransit vehicle will operate on electricity through a vehicle conversion by Lightning eMotors of Loveland, CO; and
WHEREAS, Union City Transit has capital funds available through the Low Carbon Transit Operations Program (LCTOP) from fiscal year 2018-2019 (FY 2018-2019) and Bridge Toll Revenues (AB 664) for this procurement; and WHEREAS, this procurement will be funded with $214,491 of LCTOP and AB 664 funds, which were included in the FY 2021-2022 Adopted Budget. Funds for this procurement were originally included in the FY 2021-2022 Adopted Budget of the Transit Fund. As part of this Resolution, staff is requesting City Council’s approval of a budget transfer of these funds from Fund 5110 (Transit Fund) to Fund 5120 (Paratransit Fund).

There will be no impact on the General Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City authorizes the City Manager to award a contract to A-Z Bus Sales of Colton, CA, for the purchase of one (1) new replacement electric paratransit vehicle through the CalACT/MBTA statewide vehicle contract 19-01, in the amount of $214,491.

City Council/RSA Agenda 115 Tuesday, February 8, 2022
BE IT FURTHER RESOLVED that the City Council of the City of Union City approves a budget transfer of $214,491 from Account Number 5110-3141-99999-57130 (Transit Fund – Transit – Approved Capital Projects-PW – Other Equipment) to Account Number 5120-3141-92206-57130 (Paratransit Fund – Transit – Paratransit Van Replacement Project – Other Equipment). This purchase will ultimately be reimbursed from LCTOP funds, in the amount of $163,805, and Metropolitan Transportation Commission (MTC) AB 664 funds, in the amount of $50,686.

City Council/RSA Agenda 116 Tuesday, February 8, 2022
Agenda Item
DATE: 2/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION 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 FEBRUARY8 PURSUANT TO AB 361
Staff recommends that the City Council adopt a resolution to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021).

On January 11, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days.

Staff and the City Attorney recommend that the City Council adopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after January 11, 2022.

STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.

BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.

City Council/RSA Agenda 117 Tuesday, February 8, 2022
On March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.

Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County. As a result, the Alameda County Health Officer issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting December 28, 2021.

On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.

The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.

DISCUSSION
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.

AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
· The localagency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; · Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.

The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a localemergency by the Director of Emergency Services; · County Health orders require that individuals in indoor public spaces wear masks and the CDC City Council/RSA Agenda 118 Tuesday, February 8, 2022
recommends social distancing of at least six feet due to COVID-19; · The Delta variant of COVID-19 has resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.

Now that AB 361 has been signed into law, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.

The City Council has previously acted to make continued findings pursuant to AB 361.

The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.

FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to make the necessary findings to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).

Prepared by:

Shandyn Pierce, Associate Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
AB361 Resolution Resolution
City Council/RSA Agenda 119 Tuesday, February 8, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY 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 FEBRUARY 8
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or City Council/RSA Agenda 120 Tuesday, February 8, 2022
recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and
WHEREAS, on August 3, 2021, in response to the Delta variant of COVID-19, the Alameda County Health Officer issued an order for nearly all individuals to wear masks when inside public spaces; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the rise in cases due to the Delta and Omicron variants of COVID19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, since the Alameda County Health Officer’s August order the highly contagious Omicron variant has emerged, and has resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and
WHEREAS, on December 28, 2021, in response to the continued presence and rise of COVID-19 cases, the Alameda County Health Officer issued an order requiring that all persons, regardless of vaccination status, wear face masks in all indoor public settings, venues, gatherings, and workplaces; and
WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

City Council/RSA Agenda 121 Tuesday, February 8, 2022

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
5053638.2
City Council/RSA Agenda 122 Tuesday, February 8, 2022
Agenda Item
DATE: 2/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: INFORMATIONAL REPORT REGARDING OLD ALVARDO/CESAR CHAVEZ PARK IMPROVEMENTS, CITY PROJECT NO. 21-13
Staff recommends that the City Council receive this informational report regarding the Old Alvarado/Cesar Chavez Park Improvements, City Project No. 21-13, which will begin construction this spring.

STRATEGIC PLAN ALIGNMENT
Goal D: Create a healthy, sustainable community and maintain and improve the City’s infrastructure Strategy 2: Implement the City’s capital improvement plan.

BACKGROUND
On May 11, 2021 under Resolution 5755-21, the City Council approved the 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan and authorized the submittal of the 2021-2022 CDBG Action Plan to the U.S. Department of Housing and Urban Development and to execute all documents and certifications necessary to secure and award funding for the City. Approximately $347,400 of CDBG grant funds are programmed for Old Alvarado/Cesar Chavez Park improvements.

On June 22, 2021 under Resolution 5788-21, the City Council approved an application for Per Capita Grant Funds for park improvements. Approximately $222,600 of State Park Proposition 68 funds have been programmed for Old Alvarado/Cesar Chavez Parks Improvements.

At the same meeting under Resolution 5789-21, the City Council authorized the City Manager to execute a Professional Service Agreement with Gates + Associates in the amount not to exceed $140,000 to provide design services for the Old Alvarado/Cesar Chavez Parks Improvement Project.

The Old Alvarado/Cesar Chavez Park has been selected for this renovation because the park location was within the low-income census tract and met the federal requirements for CDBG funds for improvements to make the park more accessible and a safer for all residents. The last park improvements were over 10 years ago, which included City Council/RSA Agenda 123 Tuesday, February 8, 2022
installing a portable for CRS supplies and additional picnic tables to support the summer camp program.

DISCUSSION
For the past several months, a team of City staff members from Economic & Community Development (ECD), Community & Recreation Services (CRS) and the Public Works Departments have been working with Gates+Associates to evaluate required park improvements at Old Alvarado and Cesar Chavez Parks with a focus on ADA accessibility, safety, placemaking, beautification and maintenance.

The major improvements to the park include:

Resurfacing the park pathways to meet ADA accessibility standards, including the gazebo area Refreshing the gazebo with new paint
Removing problematic loose sand (health hazard) in the playground areas and replacing with engineered wood fiber
Updating playground equipment to meet current safety standards with ground leveland colorful play features making the play equipment more accessible and providing a variety of experiences for allchildren.

Replacing benches, tables and drinking fountains that are damaged, in poor condition or not accessible with new benches, tables and drinking fountains that meet ADA companion seating requirements and clearances.

Reconfiguring the picnic and sports areas adjacent to Cesar Chavez Park to provide a new half-basketball court and a new outdoor volleyballcourt with resilient surfacing.

Adding two new picnic areas with shade trees and structures, seating for sports, barbecue pits, and accessible table seating.

These park improvements were presented to the Park and Recreation Commission on November 10, 2021, followed by a community outreach meeting at Farmers’ Market on December 11, 2021.

The estimated construction cost for the Old Alvarado/Cesar Chavez Park Improvements, City Project No. 21-13, is $ 850,000 and will be funded with CDBG grant (Fund 2310), Prop 68 Per Capita Grant (Fund 2550) and Special Park Fund (Fund 2550). These funds have been programed in the approved Two-Year Budget for FY 2021/2022 and FY 2022/2023 in the Five-Year Capital Improvements Program (CIP).

Summer camps at Old Alvarado/Cesar Chavez Park are typically scheduled from early June to early August. Public Works will coordinate with CRS to reduce impacts to these popular summer camp programs. Construction is anticipated to begin late April 2022 with Phase 1, Pathway Improvements, and then halting construction to accommodate the summer camp programs. Phase 2 construction, Playground, Sport Fields, and Picnic Area improvements will resume early August 2022 and is anticipated to be completed by early of 2023.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The park improvements are fully funded in the Biennial Budget FY2021/2022 and FY 2022/2023.

RECOMMENDATION
Staff recommends that the City Council receive this informational report regarding the Old Alvarado/Cesar Chavez Park Improvements, City Project No. 21-13, which will begin construction this spring. No formalaction is required.

Prepared by:

City Council/RSA Agenda 124 Tuesday, February 8, 2022
Trieu Tran, Civil Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Power Point Attachment
City Council/RSA Agenda 125 Tuesday, February 8, 2022
Old Alvarado/ Cesar Chavez Park
ACCESS + AMENITY IMPROVEMENTS
Trieu Tran, Union City Public Works | Dylan Buterbaugh, Gates + Associates City Council/RSA Agenda 126 Tuesday, February 8, 2022
2 AGENDA
 History & Issues Project Goals Funding Scope of Park Improvements Schedule and Next Steps Questions and Comments City Council/RSA Agenda 127 Tuesday, February 8, 2022
3 EXISTING PARK/ KEY MAP
Watkins St
Smith St
Old Alvarado Park
Cesar Chavez Park
Farmers
Market
SDES Portuguese
Hall of Union City
City Council/RSA Agenda 128 Tuesday, February 8, 2022
4 HISTORY & ISSUES
 Public Works Grounds Division along with Parks &
Recreation identified several key issues with Old
Alvarado & Cesar Chavez Park:
 Playground structures need repairs/replacement
 Playground sand surface is not clean Walking paths are uneven and are not ADA accessible
 Several areas are in need of better lighting Recreation surfaces at grass volleyball and horseshoes are uneven, area is underutilized
 Entrance at Randall Court is not ADA accessible The Gazebo area is in need of a refresh City Council/RSA Agenda 129 Tuesday, February 8, 2022
5 PROJECT GOALS
Accessibility Safety Placemaking Beautification
Pathway Upgrades
Accessible Site
Furnishings
Modern Play Equipment
Improved surfaces
Recreational
Opportunities
Engaging Outdoor
Spaces
Planting Refresh
Pathway Sealcoat
New Site Furnishings
City Council/RSA Agenda 130 Tuesday, February 8, 2022
6 PROJECT FUNDING
CDBG
Community
Development Block
Grant
$350,000
PROP 68
$225,000

SPECIAL PARKS
$418,000
UP TO
Per Capita Grant
Park and Water
Bond Act of 2018
City Council/RSA Agenda 131 Tuesday, February 8, 2022
7 Watkins St
Smith St
SCOPE OF IMPROVEMENTS: OVERVIEW
City Council/RSA Agenda 132 Tuesday, February 8, 2022
8 SCOPE OF IMPROVEMENTS: ADA PATHWAYS

ACCESS COMPLIANCE REPORT
City Council/RSA Agenda 133 Tuesday, February 8, 2022
9 ACCESS COMPLIANCE REPORT

ADA NONCOMPLAINT AREAS
 Playground Area Gazebo Area Access from Randall Court Several walking path locations SCOPE OF IMPROVEMENTS: ADA PATHWAYS
City Council/RSA Agenda 134 Tuesday, February 8, 2022
10 SCOPE OF IMPROVEMENTS: PLAY AREAS & PICNIC SITES
City Council/RSA Agenda 135 Tuesday, February 8, 2022
11 New Landscape PlantingSwingsSpinners5-12 Play Equipment2-5 Play EquipmentFibarBBQ and Picnic TablesNew Benches ADA Improvements to Asphalt
Paving
SCOPE OF IMPROVEMENTS: PLAY AREAS & PICNIC SITES
City Council/RSA Agenda 136 Tuesday, February 8, 2022
12 SCOPE OF IMPROVEMENTS: PICNIC AREAS & BEAUTY
Elm
Wisteria
Magnolia
Gazebo
Existing
Proposed
Existing
Proposed
Existing
Proposed
Existing
Proposed
4 non-accessible picnic tables, 3 bbqs5 Accessible tables, 3 bbqs, bench seating, shade sails 32 Seated, 40 Standing40 Seated, 48 Standing
8 accessible picnic tables, 3 bbqs,
shade sails, shade trees 64 Seated, 80 Standing
PICNIC AREA AMENITIES CAPACITY ACCESSIBLE? MATCH OR EXCEED EXISTING AMENITY / CAPACITY? Yes, proposed picnic layout
expands gathering space and
capacity by 8 and adds
additional shaded seating.

Proposed picnic area matches
existing in-kind, upgraded to all
accessible furnishings.
8 non-accessible picnic tables, 3 bbqs and shade trees. 64 Seated, 80 Standing NO NO
YES
2 non-accessible picnic tables, 1 bbq, wood trellis2 accessible picnnic tables, 1 bbq, metal shade structure NO
YES
16 Seated, 20 Standing16 Seated, 20 Standing
N/AN/A
YES
Proposed picnic area matches
existing in-kind, upgraded to all
accessible furnishings.

Gazebo itself is accessible, paint
touchups proposed. New
accessible benches propposed
YES in Gazebo CourtyardYES
75 Seated75 Seated
City Council/RSA Agenda 137 Tuesday, February 8, 2022
13 SCOPE OF IMPROVEMENTS: IMPROVED RECREATION
• Reimagined sports area & improved access from Randall Ct.• Replace horseshoes with newly surfaced basketball & volleyball courts City Council/RSA Agenda 138 Tuesday, February 8, 2022
14 SCOPE OF IMPROVEMENTS: PICNIC AREAS & BEAUTY
City Council/RSA Agenda 139 Tuesday, February 8, 2022
15 SCHEDULE + NEXT STEPS
Complete Design Late Feb. 2022
Advertisement Contract March – April 2022
City Council Award Contract April 26, 2022 MeetingConstructionPhase 1-Pathways May 2 to June 3, 2022Summer Camps Halt ConstructionPhase 2-Playground, Sports, Picnic August 8 to Jan. 6, 2023 City Council/RSA Agenda 140 Tuesday, February 8, 2022
16 Old Alvarado/Cesar Chavez Park

QUESTIONS
City Council/RSA Agenda 141 Tuesday, February 8, 2022
Agenda Item
DATE: 2/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS,
INC., IN AN AMOUNT NOT-TO-EXCEED $259,193, TO PERFORM A

COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY, IN A FORM

APPROVED BY THE CITYATTORNEY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Economic & Planning Systems, Inc., in an amount not-to-exceed $259,193, to perform a comprehensive development impact fee study, in a form approved by the City Attorney. The purpose of the study is to provide the basis for an update to the City’s various development impact fees, creation of a new Transportation Impact Fee, and an update to the Public Works Department review fees.

STRATEGIC PLAN ALIGNMENT
Goal D: Environmental Sustainability and Infrastructure.

Strategy 4: Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee, Railroad Preemption Fees.

BACKGROUND
The Mitigation Fee Act, California Government Code 66000 (also known as AB 1600), allows a local agency to assess a one-time development impact fee on a new development project to finance some or all of the cost of public facilities and infrastructure supporting the development project. The City has established several development fees that are assessed on all new development within the City to support needs that range from traffic signalization to park facilities, among others. Many of the fees, including their corresponding projects and basis for cost allocations, have not been evaluated or updated for several years.

The following are a list of new and existing fees the City is preparing to evaluate, guided by the new City Council/RSA Agenda 142 Tuesday, February 8, 2022
development projections assumed in the recently adopted 2040 General Plan for employment and household growth, as well as a comprehensive update to the DIPSA Specific Plan (aka Station District Specific Plan) which is currently in progress:

DIPSA Infrastructure Fee (Ordinance No. 675-06): The City established the DIPSA Specific Plan in 1994, and as part of that plan, a Financing Plan was adopted that specified fiscal and financial policies, identified public facilities costs, and recommended financing mechanisms to pay for the needed public facilities. The Financing Plan established the need for the creation of a DIPSA Infrastructure Fee as a means of ensuring that new development within the DIPSA Specific Plan boundary area pay its proportionate share for needed public facilities and infrastructure. The City formally adopted the DIPSA Infrastructure Fee in 1997. The fee was last updated in 2006 to reflect the development of additional projects considered necessary to complete the build out of the DIPSA as part of an update to the DIPSA Specific Plan. The fee is increased in accordance with increases in the Consumer Price Index (CPI) every fiscal year.

The 2040 General Plan redefined the boundaries of the DIPSA and rebranded it as the Station District. The City is in the process of updating the DIPSA Specific Plan, now referred to as the “Station District Specific Plan,” to ensure consistency with the recently adopted Union City General Plan 2040, while providing an opportunity to refine the vision, development policies, and implementation strategies for the Station District. As such, the fee needs to be updated to support the capital projects identified in the updated plan.

Park Facilities Fee (Resolution No. 3237-06): The City created the Park Facilities Fee in 2006, which applies to residential development not associated with a subdivision. The fee can be used to pay for land acquisition for new parks or to reimburse developers who have dedicated land for such public facilities. This fee is applied citywide and is increased by CPI every fiscal year.

Fire Equipment Acquisition Fee (Resolution No. 5088-84): The Fire Equipment Acquisition Fee is used to cover the acquisition of fire protection equipment. The fee was adopted by Resolution in 1984 and applies citywide.

General Plan Cost Recovery Fee (Ordinance No. 583-02): The City adopted a fee in 2002 to recover the cost of preparation of a comprehensive update to the City’s 2002 General Plan. The City Council adopted the 2040 General Plan in 2019, which was also a comprehensive update. The General Plan Cost Recovery fee needs to be updated to recover the costs associated with this effort, and to cover future staff time associated with implementation and on-going monitoring of the General Plan.

Capital Facilities Fee (Ordinance No. 2652-04): The City established a Capital Facilities Fee in 1999, charged to new residential development. The Capital Facilities Fee applies to the development of single-family and multi-family units as well as accessory dwelling units (ADUs). The fee was increased in 2004. Currently, the fee does not include a yearly CPI adjustment. Additionally, the projects covered by the fee have not been comprehensively reviewed since 2004.

Traf ic Signalization Fee (Ordinance No. 86.2-73): The traffic signalization fee was created in 1973, is charged on new development by the acre, and is collected by the Public Works Department to support traffic signalization improvements triggered by new development. The fee varies based on the type of development proposed and increases by CPI on a yearly basis.

Transportation Impact Fee (Proposed): The City is interested in establishing a Transportation Impact Fee (TIF) based on a metric of vehicle miles traveled (VMT). It is anticipated that this fee would provide funding for transportation improvements for a variety of modes including automobile, transit, bicycle, and pedestrian facilities. In addition, the fee would address improvements related to traffic signal preemption at certain atgrade railroad crossings throughout the City.

City Council/RSA Agenda 143 Tuesday, February 8, 2022
Plan Check and Grading Permit Fee (Ordinance No. 776-13): In addition to updating development impact fees, the Public Works Department is interested in updating their Plan Check and Grading Permit Fees to be cost recovery.

City staff released a Request for Proposals (RFP) on August 9, 2021, seeking a qualified consultant to prepare a Development Impact Fee Study that will update severalexisting impact fees and add a Transportation Impact Fee in accordance with AB 1600, to ensure new and current fees are aligned with the impact new development will have on City services, infrastructure, and facilities. The City received proposals from three consulting firms, and staff conducted interviews of all three firms in October 2021. Follow up interviews and requests for additional scopes and budget (for the railway preemption and plan check and grading permit fees) were conducted for the two highest scoring firms in December 2021.

DISCUSSION
Consultant Selection
The City’s evaluation panel determined that the proposal submitted by Economic and Planning Systems, Inc., (“EPS”) was the proposal that best met the City’s needs and goals for conducting the Development Impact Study. EPS, and its sub-consultants Fehr & Peers and BKF Engineering, are highly qualified firms with broad experience and capabilities in addressing real estate development, land use and transportation policy, and local financing strategies for public sector clients. In addition to their relevant experience and sound approach to the proposed work, both EPS Fehr & Peers have extensive experience working with Union City. EPS coordinated the most recent update of the DIPSA and Park Facilities Fees in the 2006. Both EPS and Fehr & Peers are currently working on the Station District Specific Plan and Station East EIR. It is anticipated that the Transportation Impact Fee could also function as a tool for streamlining CEQA review by mitigating a project’s significant VMT impacts. Fehr & Peers has been at the forefront of using VMT as a basis for transportation impact fees and its use for mitigating CEQA VMT impacts.

Proposed Budget, Scope of Work and Timeline
EPS proposes a not-to-exceed budget amount of $259,193, which covers all costs associated with the scope of work, preparation materials, travel, required meetings, and includes a 10 percent contingency. The budget includes approximately $30,000 in optional tasks associated with additional cost estimating of proposed improvements if needed for the impact fee analysis. EPS estimates that all three phases can be completed within a 10-month schedule. The proposed scope of work and budget can be found under Exhibit A of the Resolution. A summary of the proposed work can be found below:

Phase 1: Fee Program Strategy (1 month)
The consulting team will initially meet and coordinate with City staff to develop a set of suggested approaches for developing and updating the City’s impact fees. This will include recommendations on updating existing fee categories, including which to expand or consolidate; specific strategies for the development of the new Transportation Impact Fee; public/stakeholder outreach efforts; identification of all data needs from City departments; and report development timeline.

Phase 2: Technical Analysis for Fee Programs (6 months) Phase 2 will include the data collection, research and analysis required to establish the maximum justifiable fees for each fee program. This will include identification of capital improvement projects to be included for each fee program; their known or estimated costs; the projected development growth served by the improvements; the appropriate allocation of costs to new development for each fee; and finally, a calculation of the maximum fee that could be charged by each fee program.

Phase 3: Fee Comparisons, Public Engagement and Finalized Nexus Studies (3 months) The consultant team will analyze the fees of peer or neighboring jurisdictions to identify fee ranges that will City Council/RSA Agenda 144 Tuesday, February 8, 2022
remain competitive with other jurisdictions while ensuring the identified capital and infrastructure improvements are supported. Therefore, the final fee recommendations may be lower than the maximum justifiable fee. Once the fee amounts are finalized, the consultant will prepare technical reports that document assumptions and methodology and establish the required nexus and legal rationale for creating each fee, in a manner consistent with AB 1600 requirements. The studies will also include recommendations for implementing and administrating the fee program, including options for annual standardized cost escalation. The consultant team will conduct up to two (2) community/stakeholder meetings to receive input on the nexus studies and will also present the draft and final study reports to the City Council.

FISCAL IMPACT
Funds for this agreement in the amount of $150,000, were included in the FY 2021-2022 Adopted Budget in Account Number 1110-6104-41004-54110 for this agreement; however, that amount is not sufficient to cover the full cost of the agreement. The remaining balance of $109,193 will be funded with funds available in Account Number 1110-6105-41005-54111. All funds expended on this effort, except for the updates to the Public Works plan check and grading permit fees, will be reimbursed through the updated and newly created Development Impact Fees.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Economic & Planning Systems, Inc., in an amount not-to-exceed $259,193, to perform a comprehensive development impact fee study, in a form approved by the City Attorney.

Prepared by:

Jonathan Segarra, Management Analyst II, City Manager’s Office Submitted by:

Jonathan Segarra, Management Analyst II, City Manager’s Office ATTACHMENTS:

Description Type
Resolution - Impact Fee Study Resolution
Exhibit A - Impact Fee Study Consultant Scope of Work and Budget Exhibit Power Point Attachment
City Council/RSA Agenda 145 Tuesday, February 8, 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC., IN
AN AMOUNT NOT-TO-EXCEED $259,193, TO PERFORM A

COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY, IN A

FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, California Government Code 66000 et seq. authorizes local agencies to charge one-time development impact fees to a new development project to finance some or all of the cost of public facilities and infrastructure supporting the development project; and WHEREAS, California Government Code 66000 et seq. sets forth the procedural requirements for establishing and collecting development impact fees and requires that a reasonable relationship, or nexus, must exist between a governmental exaction and the purpose of the condition; and
WHEREAS, Union City adopted a five-year strategic plan in September 2019 to establish goals and strategies to guide the City Council's agenda, and has identified the evaluation of the City’s development impact fees for new development infrastructure as a priority strategy under Goal D: Environmental Sustainability and Infrastructure; and WHEREAS, in accordance with the five-year strategic plan, City staff have identified the following Development Impact Fees to update:
 DIPSA Infrastructure Fee;
 Park Facilities Fee;
 Fire Equipment Acquisition Fee;
 General Plan Cost Recovery Fee;
 Capital Facilities Fee;
 Traffic Signalization Fee; and
WHEREAS, City staff have been directed to explore the establishment of a Transportation Impact Fee based on a Vehicle Miles Traveled (VMT) metric to support transportation improvements for a variety of modes including automobile, transit, bicycle, and pedestrian facilities, as well as updates to traffic signal preemption at certain at-grade railway crossings throughout the City; and
WHEREAS, City staff have identified a need to update the Plan Check and Grading Permit Fees collected by the Public Works Department; and
WHEREAS, on August 9, 2021, City staff released a Request for Proposals (RFP) seeking a qualified consultant to prepare a Development Impact Fee Study that will update several existing impact fees and add a Transportation Impact Fee in accordance with AB 1600, to ensure new and current fees are aligned with the impact new development will have on City services, infrastructure and facilities; and
City Council/RSA Agenda 146 Tuesday, February 8, 2022
WHEREAS, the City received proposals from three consulting firms, and staff conducted interviews of all three firms in October 2021; and
WHEREAS, follow up interviews were conducted and additional scopes and budget for the railway preemption, plan check and grading permit fees were requested from the two highest scoring firms in December 2021; and
WHEREAS, the Evaluation panel determined that the proposal submitted by Economic and Planning Systems, Inc., (EPS) best met the City’s goals and needs for conducting the Development Impact Study; and
WHEREAS, EPS proposes a scope of work timeline of 10 months and a not-to-exceed budget amount of $259,193, which covers all costs associated with the scope of work, preparation materials, travel, required meetings, and includes a 10% contingency (Exhibit A); and WHEREAS, the funds expended on this effort, except for the updates to the Public Works plan check and grading permit fees, will be reimbursed through the implementation of the new and updated fee programs.

NOW THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute an agreement with Economic & Planning Systems, Inc., in an amount not-toexceed $259,193, to perform a comprehensive development impact fee study, in a form approved by the City Attorney; and
BE IT FURTHER RESOLVED, that the EPS agreement will not exceed $259,193 and will be funded through the FY 2021-2022 budget allocation of $150,000 in Account Number 1110- 6104-41004-54110 (General Fund – Current Planning – Professional/Consulting Services), with the remaining balance of $109,193 being funded with funds available in Account Number 1110- 6105-41005-54111 (General Fund – Advance Planning – Contractual Services).

City Council/RSA Agenda 147 Tuesday, February 8, 2022
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of February 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 148 Tuesday, February 8, 2022
Union City Development Impact Fee Proposal
January 26, 2022

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SCOPE OF WORK, BUDGET, AND TIMELINE
S c o p e o f W o r k
The EPS Team has developed the following updated work program. Phase 1 is envisioned as an important first step where City staff and EPS team will make important decisions concerning the fee updates that will guide the technical work conducted in Phase 2. Phase 3, some of which may occur concurrently with Phase 2 includes: (1) fee comparisons with neighboring/peer jurisdictions and decisions concerning recommended fee levels; (2) preparation of the required nexus study for each program and presentation materials; and (3) outreach to appropriate stakeholders and public meetings with the City Council.

Phase 1: Fee Program Strategy
The EPS Team envisions the following work effort to develop a Fee Program Strategy that will guide the overall approach to the fee update and technical work in Phase 2. Key steps are detailed below.

Step 1: Initial Project Initiation and Discussion
An initial, virtual project initiation meeting1 is envisioned at the start of the project. This will include the typical project initiation meeting tasks, including communication protocols, key roles on consultant and City sides, and discussion of key documents. The role of stakeholder outreach, the expected need for new cost estimates, and the peer communities for the fee comparison will all be discussed. It will also provide an opportunity for:
 The City to clarify the goals of the study, any offer perspectives on how all relevant fee programs are currently working, and initial thinking on the extent to which any fee categories or improvement categories should be adjusted, refined, or maintained.  Discussion of the status of the District Specific Plan work (and the supporting materials for the DIPSA/ District Fee update) as well as the status of the Bike/ Ped Plan and any other related City efforts.
 Review of treatment of parkland and park facilities, among other issues.

On the transportation front, the intent of this phase is to identify available data, information, and planning studies to be incorporated into the Union City Transportation Improvement Fee (TIF) study, and to establish a TIF structure and methodology that will achieve the City’s goals. A TIF is to be used to fund capital investments in the transportation system that are needed to meet the travel demands of new residents and businesses. The following questions would need to be considered in developing the new TIF:
 The City’s General Plan states a preference to use vehicle miles traveled (VMT) instead of Level of Service (LOS) to evaluate future projects. Should the TIF be limited to funding

1 For the purposes of this scope of work and budget, it is assumed that all meetings between City staff and the Consulting Team will occur virtually. We are open to discussing in-person meetings if that is the City’s preference, though the budget may need to be adjusted accordingly.

City Council/RSA Agenda 149 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

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improvement projects that reduce VMT or should it also include improvements that benefit LOS?
 How to adequately identify and describe existing deficiencies and needs, especially in the bicycle, pedestrian, and transit networks?
 Whether the TIF should apply uniformly throughout the City or should vary by district or neighborhood?
 Whether the fee schedule should be set in a way that is expressly related to VMT characteristics of different land use types?
 Should transportation improvement projects included in the City’s existing current fee programs, such as the DIPSA Infrastructure Fee, the Capital Facilities Fee, and/or the Traffic Signalization Fee, be maintained in these separate fee programs or consolidated into the TIF?  If the future VMT-based TIF should be used as mitigation measure for significant impacts on VMT identified in future environmental documents?
Step 2: Fee Study Approach/Strategy
Based on the discussions and City staff input in Step 1, the Consulting Team will develop a memorandum outlining of the suggested approaches to the different fee programs. This will include suggestions on how many existing (and new) fee categories to update and create, any consolidation of fee categories, and any expansions/adjustments to fee programs. Other issues to be addressed will include stakeholder outreach, cost estimating, timing given other City studies, land uses that will pay the fees, among others. It will also include a specific strategy for the TIF.

Step 3: Fee Strategy Review and Revision
The Consulting Team will provide an outline of the proposed Fee Strategy intended to guide the Phase 2 work. City staff and the Consulting Team will hold a second virtual meeting to review and discuss the outline and based on feedback from the City, the Consulting Team will revise the fee strategy outline. To the extent the selected approach varies in substantive ways from the technical approach described in Phase 2, the scope and budget may need to be modified accordingly.

Phase 2: Technical Analysis for All Fee Programs
Phase 2 will include the data collection, research, and analysis required to establish the maximum justifiable fees for each fee program. Generally, this includes the identification of the capital improvements items, their costs, the development served by the improvements, the appropriate allocation of costs, and a calculation of the maximum fee. For many fee categories, some of the inputs into the fee calculation are expected to come from other City studies or City staff. The Phase 2 work program is primarily organized by City fee type, though adjustments may be made after the completion of Phase 1 and the development of the overall Fee Strategy.

Because of the uncertainty concerning the level of consulting team effort required around the development of planning-level estimates for costs, Phase 2 includes an optional cost estimating budget task. Depending on the types of capital improvements that require cost estimates, it is expected that this work would be conducted by Fehr & Peers or BKF.

City Council/RSA Agenda 150 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

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Task 2.1: Land Use Forecasts
An essential part of a nexus study is to understand the amount and type of new development that is going to occur during the planning horizon. We assume that the recent land use forecasts developed for the Station District Specific Plan, which reflect the reasonable buildout of the Specific Plan within the Specific Plan area, and the reasonable buildout of the General Plan within the rest of the City reflect the latest anticipated growth in Union City. Since these forecasts should be consistent across all of the potential impact fee categories to ensure that all impact fee programs are being developed using consistent underlying assumptions, Fehr & Peers will assist the team by summarizing these growth assumptions as reflected in the version of the Alameda County Transportation Commission (CTC) Countywide Travel Demand Model developed for the Station District Specific Plan and sharing those numbers with the team for their use.

EPS will review this information and work with City staff to ensure develop the expected future City growth by land use category is appropriately captured. EPS will also develop information on existing development as well as the necessary demographic and employment assumptions to support cost allocations will also be developed.

Task 2.2: New Citywide Transportation Impact Fee (TIF)
Building from the Phase 1 strategy and land use forecasts documented in Task 2.1, Fehr and Peers will conduct the technical analysis necessary to determine the new Citywide TIF fees. This work effort will include the following tasks.

2.2.1 Identify Projects
In consultation with City staff and the consultant team, Fehr & Peers will identify relevant projects from the General Plan circulation element, the Station District Specific Plan, the 2021 Bicycle and Pedestrian Master Plan, the upcoming Hillside Specific Plan, and other neighborhood and citywide planning documents that identify needed capital investments. We will also review EIRs that have been completed in the City within the past five years and their associated conditions of approval to create a list of transportation mitigation measures identified in those documents. Guidance will be needed from the City regarding the projects that have been entitled but not yet constructed, and the need to create a realistic set of transportation improvements for the desired planning horizon. The result will be a list of multimodal transportation network improvements identified through previous planning and environmental review processes. This list can then be compared against the City’s most recent Capital Improvement Program. We will work with the City to review and finalize this project list. The intent will be to select a set of projects that achieve the City’s goals and can be demonstrated to be needed to serve the demands of new development in the City.

2.2.2 Review Project Cost Estimates
This task assumes that the City will be able to provide planning-level cost estimates for the TIF projects. Fehr & Peers will review these planning-level cost estimates to confirm that they are reasonable based on the typical costs for traffic engineering projects, such as traffic signal installations or modifications, bicycle facilities, or redesigned intersections. If additional transportation project cost estimates are required, Fehr & Peers is available to support the City as described in Optional Task 2.8.

City Council/RSA Agenda 151 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

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2.2.3 Identify Existing Deficiencies
The first step in a nexus analysis is to determine whether there are existing deficiencies at the locations of the proposed capital improvement projects. The identification of existing deficiencies will be based on current city policies defining acceptable levels of transportation infrastructure and operations; the approach for this will be discussed in Phase 1. Once the approach is settled, an existing deficiency evaluation of the proposed capital improvement projects will be undertaken. This scope of work assumes that up to 15 projects would be evaluated.

It is not anticipated that any new traffic data will be collected for this purpose; rather, the determination of existing deficiencies will be drawn from recently prepared studies. If no recent studies are available for one or more of the proposed projects, we will highlight that issue for the project team and will discuss the best methods for moving forward. If new data needs to be collected or new analysis undertaken, an amendment to this scope can be prepared. If existing deficiencies are identified, the magnitude of the deficiency will need to be accounted for in the fee calculations.

2.2.4 Calculate Fair Share Contributions
The next step in a nexus analysis is to determine the proportion of project costs attributable to new developments. This base scope of work assumes that the nexus determination will be done using a simplified approach in which the fee would be calculated based on the proportion of the total future TIF area population and employment that is represented by new growth (for example, if new growth makes up 25% of the TIF area’s total future population and employment, then the fee would cover 25% of the project costs). This is a common approach used for determining the nexus proportions of bicycle and pedestrian projects and could be extended to other types of capital investments as well. The technical approach to determining the nexus for all project types will be discussed with City staff and the City Attorney before finalizing the calculations.

Using the growth projections from the model, the PM peak hour trip generation rates typically applied in transportation impact analyses prepared for the City, and trip lengths for various land uses in Union City as estimated by the Alameda CTC Model, we will calculate fees based on VMT for each land use category that reflect that category’s typical impact on the transportation system.

Optional Task 2.2.5 Define TIF to Mitigate CEQA VMT Impacts To ensure that payment of the TIF by developers would provide at least partial mitigation for significant impacts of future development projects on VMT, this task will document that the combined effect of all improvement projects included in the TIF would result in a net reduction of citywide VMT. Fehr & Peers will update the Alameda CTC Model to include the TIF improvement projects and estimate the net reduction in VMT generated in Union City. Since the Alameda CTC Model is not sensitive to some pedestrian and bicycle improvements, we will supplement the Model results with other sources, such as the recently completed Alameda CTC VMT Reduction Calculator Tool which quantifies the effects of various strategies in reducing VMT based on project location, and research compiled in the draft Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, Designed for Local Governments, Communities, and Project Developers (California Air Pollution Control Officers Association [CAPCOA], August 2021). Thus, we will quantify the effectiveness of the TIF projects in reducing VMT in Union City and determine if future developments can rely on the TIF to partially mitigate their significant impacts on VMT.

City Council/RSA Agenda 152 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

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Task 2.2.6 – Railroad Crossing Improvement Fee
This task will determine the fee and the fair share allocation for improvements at four at-grade railroad crossings that can be included in the Development Impact Fee program. It is our understanding that others will identify and provide us the list of improvements and the cost estimates for these projects. Fehr & Peers will use similar methodologies as proposed to develop the Transportation Impact Fee (Task 2.2), including the use of the Alameda CTC Model, to estimate the existing deficiencies and fair share contribution of new developments in Union City at each of the railroad crossing locations and develop fees for each of the identified land use categories.

As part of this task, we will also work with the project team to determine:
 If the fee for the railroad crossing improvements should be applied to all new developments citywide or if it should be applied only to new developments in specific neighborhoods or districts, such as the Station District.
 If the fee for the railroad crossing improvements should be included in the Transportation Improvement Fee or if it should be a separate standalone fee.

Task 2.3: Decoto Industrial Park Study Area (DIPSA) Infrastructure Fee EPS will conduct the technical analysis necessary to update the DIPSA/ District Fee consistent with the Mitigation Fee Act. The DIPSA fee, first established in 1995 and updated in 2006, covers a broad range of improvements, including police, fire, public works, local and regional transportation improvements. It is understood and assumed that the majority of the new information required for this fee update is being directly developed as part of the District Specific Plan. Key steps will include:
 Improvement List. Obtain improvement list developed as part of District Specific Plan.  Assignment of Improvements. Building off Phase 1 and Task 2.2, work with City staff and Fehr & Peers to ensure clarity over which improvements go in DIPSA/District Fee as opposed to Capital Facilities Fee and/or new transportation impact fee.  Cost Estimates. Obtain improvement cost estimates expected to be developed as part of District Specific Plan. If required, selected gaps in cost estimates could be addressed under Optional Task 2.8.
 Cost Allocations. Determine cost allocations to new DIPSA development vs. existing DIPSA development and other development in the City based on input from District Specific Plan consultants on role and nature of improvement.
 Maximum Fee Calculation. Determine maximum fee allocations by land use.

Task 2.4: Capital Facilities Fee
EPS will conduct the technical analysis necessary to update the Capital Facilities Fee program.

The capital facilities fee was originally developed in 1999 and charges fees on new residential development to support a broad range of capital improvements, including transit, road widening, community centers, as well as police and fire facilities, and community park improvements among others.

City Council/RSA Agenda 153 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

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Similar to the other fee categories, the fee strategy developed in Phase 1 will help inform whether any changes are made in the list and type of improvements, including the balance between District and Citywide fees, the potential to include park improvements in a distinct parks fee, and the effects of developing a distinct citywide transportation fee. If the City does not have cost estimates for all of the improvements in this fee category, cost estimating effort will be required under Optional Task 2.8.
 Assignment of Improvements. Building off Phase 1 and Task 2.2, work with City staff and Fehr & Peers to ensure clarity over which improvements go in Capital Facilities Fee as opposed to DIPSA/ District Fee, Park Facilities Fee, and/or potentially new transportation impact fee.
 Improvement List. Obtain input from City staff to determine which of the improvements in the current Capital Facilities Fee improvement list have been completed, which remain, and any other new improvements that are suitable to add into this improvement list.  Cost Estimates. Where City staff does not have cost estimates, obtain improvement cost estimates under Optional Task 2.8.
 Cost Allocations. Allocate capital improvements and costs between new development and existing and between different land uses based on appropriate allocation methodology.  Maximum Fee Calculation. Determine maximum fee allocations by land use and indicate potential fee adjustment process.

Task 2.5: Park Facilities Fee
The City’s current park facilities fee is a fee on new non-subdivision development to pay for parkland acquisition and is distinct from but complimentary to any park land in-lieu fees under the Quimby Act. Building off Phase 1, EPS and City staff will discuss whether this fee program should be directly updated under the current fee program approach or whether an alternative approach is preferred that pulls in a broader range of park improvements into the fee program.

For example, an additional citywide parks improvement fee could also be developed with removal of any park-related improvements from the City’s Capital Facilities Fee. Under a direct/ straightforward update to this fee under the Mitigation Fee Act, key steps will include:
 Parkland Service Standard. Confirm or refine parkland service standard for new apartment development based on City policies and/or effective standards, including the parkland acre per 1,000 residents along with the appropriate persons per household factor.  Land Value. Determine a current planning-level cost for residentially zoned land (similar to under the Quimby Act) through research on available land transactions.  Estimate Maximum New Fee. Estimate maximum new park fee based on the service standard and estimated land value and confirm/ determine that only applied to residential development.
 Consider Different Approaches. For fee implementation, determine whether City wants to update fee and maintain annual CPI adjustment approach or, alternatively, shift to a system where developers are required to obtain appraisals of residential land value to determine fee.

City Council/RSA Agenda 154 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

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Task 2.6: Fire Equipment Acquisition Fee and Traffic Signalization Fee If fire equipment and traffic signal investments are not incorporated into any of the above fee programs, EPS will update both of these fees. They will both be conducted separately but using a similar process:
 Improvement List. Based on City staff input on required fire equipment and traffic signals or a derivation of current service standards, an improvement list will be developed.  Cost Estimates. Cost estimates of the improvement list will be developed based on recent City staff experience and/or Consulting Team information from other jurisdictions.  Cost Allocations. Allocate costs between new development and existing and between different land uses based on appropriate allocation methodology.  Maximum Fee Calculation. Determine maximum fee allocations by land use and indicate potential fee adjustment process.

Task 2.7: General Plan Cost Recovery Fee
EPS will work with City staff to develop a General Plan Cost Recovery Fee. The City will provide information on the level and breakdown of General Plan preparation costs. EPS will then devise an appropriate fee under the relevant statutes.

Optional Task 2.8: Cost Estimating
As noted above, the Consulting Team will use available cost estimates from other City studies and/or available from City staff. There are likely, however, to be cases where additional cost estimating consulting services are required. For the purpose of this scope, these could be included:

Transportation Cost Estimates. If planning-level cost estimates are not available for the TIF projects, Fehr & Peers is available to prepare these cost estimates. The total number of capital projects that will be included in the fee study and that will need new cost estimates is not known at this time. For the purposes of this scope, it is assumed Fehr & Peers would prepare planninglevel cost estimates for up to 10 traffic engineering projects, such as traffic signal installations or modifications, bicycle facilities, or redesigned intersections. Some of these cost estimates may be unit costs for common project types that could be applied to multiple project locations. If the magnitude or complexity of the projects on the TIF list requires more effort, this scope and budget can be revised accordingly.

Non-Transportation Infrastructure Costs. For non-transportation improvements costs, BKF is available to provide planning-level cost estimates as appropriate. A budget allocation has been included for this effort, though actual budget required will depend on extent of cost estimating required.

Task 2.9: Grading Permit and Plan Check & Inspection Fees EPS will conduct the technical analysis necessary to update the Grading Permit and Plan Check & Inspection Fees. Similar to the other fee categories, the fee strategy developed in Phase 1 will help inform whether any changes are needed to the existing “cost allocation study,” which we assume has already been completed for the development of the existing fees.

City Council/RSA Agenda 155 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\00A1156C-A270-48AF-9B84-D54D1E4D8E1C\Union City.7453.1.Exhibit_A_- _Impact_Fee_Study_Scope_of_Work___Budget_v2.docx

2.9.1 Document Review
The City has been administering permitting and grading fees and we assume has previously completed a “cost allocation study” that documents staff efforts, department support costs, and administrative/overhead costs. EPS will obtain and review the most recent cost allocation study which will provide a basis for EPS technical work to update City fees, taking full advantage of relevant efforts, data, and information available at this time.

2.9.2 Cost Analysis
EPS will identify the total cost of providing services relevant to the fee programs in a manner that is consistent with all applicable laws, statutes, rules and regulations governing the collection of fees, rates, and charges by public entities including, but not limited to, Proposition 218. The cost analysis will rely on a spreadsheet-based cost model that reflects the range of affected City departments and City budget line items that may be involved in permit program activities, including direct cost, indirect cost, and overhead cost. To support model development, EPS will conduct direct interviews with senior staff in up to six departments as necessary to complete the cost estimating worksheets. The City’s Finance Department will have an important role to play to assure that the departments are presenting realistic cost estimates.

Based on data provided, EPS will prepare a draft version of the cost model. The draft cost analysis will be subject to review by senior City staff. Finalization of the cost analysis may involve some iteration and re-referral to the operating departments regarding their cost estimates.

2.9.3 Fee Recommendation
The cost analysis will serve as the basis for updating the City’s building permit and grading fees.

EPS will recommend appropriate fee levels. EPS recommendations will consider the full cost of service provided and current cost recovery and will include guidance for adjusting these fees to meet current and future needs.

Phase 3: Fee Comparisons, Technical Reports, and Public Meetings Task 3.1: Fee Comparisons and Fee Recommendations
Phase 2 will provide estimates of the maximum justifiable fees, though the City may decide, in some cases, to charge fees below the maximum fees. This may be in the form of not charging nonresidential development for economic development reasons or fee adjustments for other policy goals or development feasibility issues.

To help inform this discussion, EPS will compare the existing and maximum new City fees to fees for equivalent capital improvement fee categories in other cities. This comparison will help the City understand where they stand relative to their neighbors or peers as they consider adopting new fee levels. EPS will consider fee levels in three to five neighboring/peer cities based on City staff preferences.

Once the fee comparisons are concluded, EPS and City staff will discuss what fee scenarios would be best to share with the City Council and stakeholders. For example, City staff may wish to provide recommended fee levels in addition to the maximum fee levels, provide multiple fee scenarios, and/or just provide the maximum fee levels for City Council feedback/direction.

City Council/RSA Agenda 156 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\00A1156C-A270-48AF-9B84-D54D1E4D8E1C\Union City.7453.1.Exhibit_A_- _Impact_Fee_Study_Scope_of_Work___Budget_v2.docx
Task 3.2: Nexus Studies
Once the fee schedules are finalized, the Consulting Team will prepare Technical Reports that document the assumptions and methodology and establish the required nexus for creating each fee. Different fees may have their own nexus studies, or all fees could be combined under one comprehensive nexus study. For all fees, the Consulting Team will complete, whether as chapter or stand-alone, a technical document that will clearly describe the nexus findings and rationale for allocating facility cost to new development. In particularly, the nexus report will clearly document the following, consistent with AB 1600 requirements:
 Identify the purpose of the fee.
 Identify the use of the fees. If the use is financing public facilities, the facilities must be identified.
 Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
 Determine how there is a reasonable relationship between the need for a public facility and the type of development project on which the fee is being imposed.

The report will also include recommendations for implementing and administrating the fee program, including those elements that are ultimately part of the enabling Ordinance and Resolutions. These elements will include, but are not limited to, fee collection protocol and options for annual standardized cost escalation.

Deliverables under this task will include an administrative draft report for City staff review and comment; a public review draft, incorporating one round of staff comments, for review by key stakeholders, elected officials, and the public; and a final report incorporating comments arising from the public review draft.

Task 3.3 City Council and Public Meetings/Outreach
Public meetings will include:
 City Council Meetings: The Consulting Team will conduct 2 meetings with the City Council to present a draft and final study report. EPS will work with City staff to schedule meetings around key project milestones. EPS and Fehr & Peers staff will attend both meetings.  Stakeholder and Community Meetings: EPS will conduct/participate in 2 meetings with relevant stakeholders and community members. Fehr & Peers will attend one of these meetings. It is assumed that City staff, with input from the Consulting Team, will identify the appropriate stakeholders/community members and organize the meetings.

The Consulting Team will develop PowerPoint presentations summarizing the results of the nexus studies and options for City Council consideration.

Any requested and authorized additional meetings will be billed on a time-and-materials basis.

City Council/RSA Agenda 157 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\00A1156C-A270-48AF-9B84-D54D1E4D8E1C\Union City.7453.1.Exhibit_A_- _Impact_Fee_Study_Scope_of_Work___Budget_v2.docx
U p d a t e d C o s t P r o p o s a l
As shown in Table 1, EPS estimates that the proposed scope of work can be completed for between $189,130 and $235,630, depending on whether the optional tasks are included. The added railroad crossing improvement fee and grading permit and plan check/ inspection fees are included in the base fee. Optional tasks include $17,205 for additional VMT-related TIF work and $29,265 for potential cost estimating work. Adding the 10 percent contingency as suggested results in a budget range of $208,043 and $259,193.

Prior to adding the contingency, if all optional tasks are included, the EPS budget is $116,805, the Fehr & Peers budget is $103,825, and the BKF budget is $15,000. Table 2 provides a detailed breakdown of the Fehr & Peers budget. The budget estimate includes direct costs associated with the tasks, including materials, data, and travel, based on our best understanding of the City’s needs at this time. Charges for EPS time are based on the hours actually spent, as recorded in quarter hour increments and documented in detailed invoices. Expenses for travel, data, facsimiles, copying, and other project related items are billed at cost without mark-up.

Invoices are submitted monthly and are payable within one month of receipt.

Table 1 Total Project Budget
Task
Rice-Evans
Principal-inCharge
Sigman
Project Advisor
Foelsch
Project Manager
Ren
Associate
Production/
Admin. Staff
EPS Direct
Expenses
EPS
Subtotal
Fehr & Peers
Subtotal BKF Subtotal Total
Phase 1 - Fee Program Strategy
Fee Program Strategy 14 5 10 8 0 $ 100.00 $ 9,125.00 $ 8,630.00 $ - $ 17,755.00 Task 2 - Technical Analysis for All Fee Programs

2.1 Land Use Projections 6 2 10 8 0 $ 50.00 $ 5,850.00 $ 3,630.00 $ - $ 9,480.00

2.2 Citywide Transportation Impact Fee 8 0 6 2 0 $ 25.00 $ 4,005.00 $ 31,490.00 $ - $ 35,495.00

2.2 Citywide Transportation Impact Fee - Optional
4 0 4 0 0 $ 25.00 $ 2,045.00 $ 15,160.00 $ - $ 17,205.00

2.3 DIPSA/ District Infrastructure Fee 8 6 22 10 0 $ 25.00 $ 10,335.00 $ - $ - $ 10,335.00

2.4 Capital Facilities Fee 14 2 37 15 0 $ 25.00 $ 14,985.00 $ - $ - $ 14,985.00

2.5 Park Facilites Fee 8 0 22 10 0 $ 25.00 $ 8,685.00 $ - $ - $ 8,685.00

2.6 Fire Equipment Acquistion/ Traffic
Signalization Fee
6 0 10 8 0 $ 25.00 $ 5,275.00 $ - $ - $ 5,275.00

2.7 General Plan Cost Recovery Fee 3 0 6 2 0 $ 25.00 $ 2,505.00 $ - $ - $ 2,505.00

2.8 Cost Estimating - Optional 3 0 2 2 0 $ - $ 1,660.00 $ 12,635.00 $ 15,000.00 $ 29,295.00

2.9 Grading Permit and Plan Check &
Inspection Fees
10 8 24 10 0 $ 25.00 $ 11,895.00 $ - $ - $ 11,895.00
Subtotal, Phase 2 (includes Optional Tasks) 70 18 143 67 0 $ 250.00 $ 67,240.00 $ 62,915.00 $ 15,000.00 $ 145,155.00 Phase 3 - Fee Comparisons, Technical Reports, and Public Meetings

3.1 Fee Comparisons 4 4 6 24 0 $ 150.00 $ 7,880.00 $ - $ - $ 7,880.00

3.2 Technical Reports 20 4 50 50 0 $ 100.00 $ 26,200.00 $ 16,050.00 $ - $ 42,250.00

3.3 Public Meetings 12 0 12 0 2 $ 100.00 $ 6,360.00 $ 16,230.00 $ - $ 22,590.00 Subtotal, Task 3 36 8 68 74 2 $ 350.00 $ 40,440.00 $ 32,280.00 $ - $ 72,720.00 TOTAL Excluding Optional Tasks $113,100.00 $ 76,030.00 $ - $ 189,130.00 TOTAL Including Optional Tasks $116,805.00 $ 103,825.00 $ 15,000.00 $ 235,630.00 Contingency (10% of TOTAL Including Optional Tasks) $ 23,563.00 GRAND TOTAL $ 259,193.00 2021 Hourly Billing Rates $ 300.00 $ 275.00 $ 205.00 $ 175.00 $ 100.00 Economic & Planning Systems, Inc.

City Council/RSA Agenda 158 Tuesday, February 8, 2022
Updated Union City Development Impact Fee Proposal
January 26, 2022

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\00A1156C-A270-48AF-9B84-D54D1E4D8E1C\Union City.7453.1.Exhibit_A_- _Impact_Fee_Study_Scope_of_Work___Budget_v2.docx
Table 2 Detailed Fehr & Peers Budget
S c h e d u l e
EPS proposes an efficient and iterative process of working closely with City staff. While schedules for fee studies can vary, with this approach, the EPS team will aim for the following schedule:

Phase 1 – One (1) Month
Phase 2 – 6 Months
Phase 3 – 3 Months
Together, this represents a schedule of 10 months. This timeline assumes an efficient working relationship between City and Consulting Team, including in receiving feedback on work products and scheduling any scoped meetings, including with elected and appointed bodies.

Fehr & Peers
Project
Manager
Principalin-Charge
Sr.

Planner/
Engineer
Project
Planner/
Engineer
Graphics/

GIS/CAD
Project
Coordinator
Labor
Hours
Direct
Costs
Total
Tasks $280 $330 $175 $145 $160 $140
Phase 1 - Fee Strategy Development

1.1 Document Review and Approach to
TIF Structure
12 6 16 4 38 $410 $8,630
Phase 2 -Technical Analysis

2.1 Review Growth Forecasts 4 2 8 2 16 $170 $3,630

2.2.1 Identify Projects 6 2 16 8 5 37 $330 $6,970

2.2.2 Review Cost Estimates 4 8 4 2 18 $170 $3,550

2.2.3 Identify Existing Deficiencies 8 2 18 4 32 $300 $6,370

2.2.4 Calculate Fair Share Contributions 8 2 22 4 36 $330 $6,980 Optional 2.2.5 Define TIF to Mitigate
CEQA VMT Impacts
8 6 32 20 2 10 78 $720 $15,160

2.2.6 Railroad Crossing Improvement
Fee
6 2 10 18 4 40 $360 $7,620
Optional 2.8 Prepare Cost Estimates 5 15 30 15 9 74 $600 $12,635 Phase 3 - Outreach, Public Meetings, Fee Comparisons

4.1 Documentation 20 6 6 24 12 9 77 $760 $16,050

4.2 Meetings (three internal, two
external)
24 12 12 12 8 68 $770 $16,230
Total for all Tasks 105 40 79 180 49 61 514 $4,920 $103,825 Total Excluding Optional Tasks 92 34 32 130 32 42 362 $3,600 $76,030 City Council/RSA Agenda 159 Tuesday, February 8, 2022
Agenda Item 7.b.

February 8, 2022
Adopt a Resolution Authorizing Consultant
Agreement for Development Impact Fee Study
City Council/RSA Agenda 160 Tuesday, February 8, 2022
2 Development Impact Fee Study Agreement, February 8, 2022 Strategic Plan ConsistencyGoal D: Environmental Sustainability and InfrastructureStrategy 4: Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks
Facilities Fees, Railroad Preemption Fees
City Council/RSA Agenda 161 Tuesday, February 8, 2022
3 Background - Purpose of Impact Fee Study
• Forms legal basis for assessing impact fees on development (per AB 1600)
• Identifies maximum fees that can be assessed; provides new fee recommendation
• Fees will cover capital and infrastructure improvements only (no staffing costs)
Development Impact Fee Study Agreement, February 8, 2022 City Council/RSA Agenda 162 Tuesday, February 8, 2022
4 Development Impact Fee Study Agreement, February 8, 2022 General Impact Fee Study Steps
Evaluate growth
projections
Identify
infrastructure
projects and
costs
Calculate fair
share for new
development
Calculate
maximum fee
Review
competitive fees
from other Cities
Recommend
competitive fee
that supports
improvements
Complete
technical reports
per AB 1600
Review and
approval by City
Council
City Council/RSA Agenda 163 Tuesday, February 8, 2022
5 Background – Existing Fees to Be Evaluated
Development Impact Fee Study Agreement, February 8, 2022 Development Impact Fees Public Works Review Fees• DIPSA Infrastructure Fee (updated 2006)• Park Facilities Fee (adopted 2006)• Fire Equipment Acquisition Fee (adopted 1984)• General Plan Cost Recovery Fee (adopted 2002)• Capital Facilities Fee (updated 2004)• Traffic Signalization Fee (adopted 1973) • Plan Check Fee• Grading Permit Fee
City Council/RSA Agenda 164 Tuesday, February 8, 2022
6 Background – Transportation Impact Fee
• Based on Vehicle Miles Traveled (VMT)• Will support multimodal projects (car, bike, pedestrian, transit)• Could support railroad improvements at certain crossings (or could be separate fee
)
Development Impact Fee Study Agreement, February 8, 2022 City Council/RSA Agenda 165 Tuesday, February 8, 2022
7 Discussion – Consultant Scope of Work & Timeline• Phase 1: Strategy Development (1 month)• Phase 2: Technical Analysis for Fee Programs (6 months)• Phase 3: Fee Comparisons, Public Engagement, Nexus Studies (3 months)
Development Impact Fee Study Agreement, February 8, 2022 City Council/RSA Agenda 166 Tuesday, February 8, 2022
8 Fiscal Impact• Budget not-to-exceed $259,193 (Incl. 10% contingency, cost estimation)
• $150,000 from 1110-6104-41004-54110 (General Fund –
Current Planning – Professional/Consulting Services)
• $109,193 from 1110-6105-41005-54111 (General Fund –
Advance Planning – Contractual Services)
• Cost will be reimbursed through new and updated fees
(except for updates to Public Works review fees )
Development Impact Fee Study Agreement, February 8, 2022 City Council/RSA Agenda 167 Tuesday, February 8, 2022
9 RecommendationStaff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Economic & Planning Systems, Inc., in an amount not-to-exceed $259,193, to perform a comprehensive development impact fee study, in a form approved by the City Attorney.

Development Impact Fee Study Agreement, February 8, 2022 City Council/RSA Agenda 168 Tuesday, February 8, 2022