Union City City Council
February 22, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 22, 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 Teen Dating Violence Awareness 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 City Council/RSA Agenda 1 Tuesday, February 22, 2022
speakers and/or business to be conducted by the City Council.

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

4.a. Written Public Comment

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 February 8, 2022

5.c. Resolution Authorizing Signatories and Funds Transfers for Fremont Bank Accounts

5.d. Adopt a Resolution Authorizing Submittal of a Grant Application to CalRecycle for $96,476 for SB 1383 Funds for Which the City of Union City is Eligible

5.e. Adopt a Resolution Authorizing City Staff to File Annual Funding Applications with the Metropolitan Transportation Commission for Allocation of Funds for the Operation of Union City Transit and Paratransit for Fiscal Year 2021-2022

5.f. Adopt a Resolution Appointing Individuals to Serve on the Human Relations Commission, Parks and Recreation
Commission, Planning Commission and Senior Commission

6. PUBLIC HEARINGS

6.a. Public Hearing to Receive Community Input Regarding District Boundaries for District-Based Elections Pursuant to Elections Code Section 21607.1 (3rd Hearing) and Introduce an
Ordinance of the City Council of the City of Union City Adopting the Final Map of District Boundaries for District-Based Elections of Councilmembers in Accordance with the Redistricting
Process for the Federal Decennial Census, and Amending
Union City Municipal Code Section 2.04.510 - Start Time at 7:30 p.m.

7. CITY MANAGER REPORTS
City Council/RSA Agenda 2 Tuesday, February 22, 2022

7.a. Accept the Ad Hoc Subcommittee's Recommendations to Proceed with a Community Survey for the Extension of the OneHalf Cent Sales Tax and to Continue the Analysis of a Proposed Update to the Business License Tax for Consideration at a Future Election Cycle

7.b. Adopt a Resolution Approving an Amendment to the
Classification Plan and Amending the Compensation and
Benefit Plan for Unrepresented Employees to Create the
Position of Information Technology Director and Approving an Amendment to the City's Compensation Plan and Salary
Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5

7.c. Waive Full Reading and Introduce By Title Only an Ordinance of the City Council of the City of Union City Amending Sectoin

2.26.020 of Chapter 2.26, "Arts & Culture Commission," of the Union City Municipal Code

7.d. Adopt a Resolution of the City Council of the City of Union City Approving an Employment Agreement with Jared Rinetti as Police Chief and Approving an Amendment to the City's Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5

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.

City Council/RSA Agenda 3 Tuesday, February 22, 2022

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)

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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Passcode: Mr6%qH6P
Or Telephone:

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

City Council/RSA Agenda 4 Tuesday, February 22, 2022
US: +1 213 338 8477 or +1 301 715 8592 or +1 408 638 0968 or +1 646 518 9805 Webinar ID: 928 8582 6000
Passcode: 52282697
ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, February 22, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 6 Tuesday, February 22, 2022

CITY OF UNION CITY

PROCLAMATION
Teen Dating Violence Awareness Month
February 2022.

WHEREAS, one in three teens in the United States will suffer physical, emotional, verbal or digital abuse from a dating partner, a figure that far exceeds victimization rates for other types of violence affecting youth; and

WHEREAS, nearly half of teens who experience dating violence report that incidents of abuse occurred in a school building or on school grounds; and

WHEREAS, only 33% of teens in abusive relationships ever tell anyone about the abuse, and 81% of parents surveyed either believe teen dating violence is not an issue or admit they do not know if it is one; and

WHEREAS, young survivors of dating violence are likely to engage in self-injurious or high-risk behaviors, to carry patterns of abuse into future relationships, and to experience mental health, or emotional challenges; and

WHEREAS, by providing young people and adult allies with education about healthy relationships, relationship skills and changing attitudes that support violence, we recognize that dating violence can be prevented; and by training adults working with youth to recognize teens exhibiting dating violence, we can offer compassionate support services that youth will seek when they are harmed; and

WHEREAS, all teens have the right to a safe and healthy relationship, free from abuse.

NOW, THEREFORE BE IT RESOLVED, I Carol Dutra-Vernaci, Mayor of Union City, do hereby proclaim February 2022, Teen Dating Violence Awareness Month throughout Union City. We urge all residents to work toward ending teen dating violence by empowering young people to develop healthier relationships, assisting victims in accessing the information and supportive services they need, creating better resources for young people, instituting effective intervention and prevention policies in schools and engaging in discussions with family members and peers to promote awareness and prevention of the quiet epidemic of teen dating violence.

Dated: February 22, 2022

____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATIÑO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
___________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 7 Tuesday, February 22, 2022
Agenda Item
ATTACHMENTS:

Description Type
Written Public Comment Attachment
City Council/RSA Agenda 8 Tuesday, February 22, 2022
City Council/RSA Agenda 9 Tuesday, February 22, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft Sp Min 2/8/22 Attachment
Draft Reg Min 2/8/22 Attachment
City Council/RSA Agenda 10 Tuesday, February 22, 2022

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, February 8, 2022
6:00 PM
Held Via Teleconference.

Consistent with California State Assembly Bill 361, the City Council participated in the Closed Session meeting via phone/video conferencing.

1. CALL TO ORDER
Roll Call: Mayor Dutra-Vernaci called the meeting to order at 6:10 p.m.

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

Absent: None

2. ORAL COMMUNICATIONS - None

3. CLOSED SESSION

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

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

Management Employees Group (MEG)
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Union City Police Management Association (UCPMA)
Union City Police Officers Association (UCPOA)
City Council/RSA Agenda 11 Tuesday, February 22, 2022
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 6:28 p.m. with no reportable action.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 12 Tuesday, February 22, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 8, 2022
7:00 PM
Held Via Teleconference
Consistent with California State Assembly Bill 361, the City Council participated in public meetings via phone/video conferencing.

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

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

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

Absent: None

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing February as Black History Month Mayor Dutra-Vernaci read the proclamation aloud. Councilmember Duncan accepted the proclamation and will deliver it to the Tri-City Afro-American Cultural and Historical Society.

4. ORAL COMMUNICATIONS - None

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

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.)
City Council/RSA Agenda 13 Tuesday, February 22, 2022

5.b. Approved 0the Minutes of the City Council Meetings Held on January 25, 2022

5.c. Adopted Resolution No. 5889-21 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. Adopted Resolution No. 5890-21 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. Adopted Resolution No. 5891-21 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. Adopted Resolution No. 5892-21 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

7. CITY MANAGER REPORTS

7.a. Informational Report Regarding Old Alvarado/Cesar Chavez Park Improvements, City Project No. 21-13
Trieu Tran, Civil Engineer II, presented the staff report covering park history and issues, project goals, funding, scope of park improvements, schedule and next steps. Staff responded to questions from Council.

Councilmembers provided comment.

The report was informational only and required no further action from the Council.

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
Jonathan Segarra, Management Analyst II, presented the staff report, providing details on the purpose of the study, the fees to be evaluated and the expected phases of the Development Impact Fee Study. Staff responded to question from Council. Councilmembers provided comment.

Mr. Teifion Rice-Evans of Economic and Planning Systems, Inc. was present and provided additional comment and response to Council questions.

City Council/RSA Agenda 14 Tuesday, February 22, 2022
It was moved by Vice Mayor Patiño and seconded by Councilmember Singh to adopt Resolution No. 5893-22 Authorizing 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. The motion was carried by a unanimous roll call vote.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño reported on his attendance of the East Bay Community Energy's Marketing Regulatory and Legislative meeting held on February 2.

Councilmember Singh reported on his attendance of the Union City Youth Commission meeting and a meeting of the Union City Chamber of Commerce.

Councilmember Gacoscos stated she will attend the Alameda County Housing Authority meeting scheduled for February 9.

Councilmember Duncan reported on her attendance of the League of California Cities East Bay Division meeting held on January 27, and the Ad Hoc Subcommittee meeting held on February 3.

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

13. GOOD OF THE ORDER
Vice Mayor Patiño reported on his attendance of a webinar discussion on the supply chain hosted by the East Bay Economic Development Alliance, and his volunteering at the voter registration drive at James Logan High School.

Councilmember Singh reported on his attendance of the Lunar New Year Celebration on February 5.

Councilmember Gacoscos reported on her attendance of the Lunar New Year Celebration and the Tri-City Interfaith Council, both held on February 5.

14. CLOSED SESSION - None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:14 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 15 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY ESTABLISHING SIGNATORY AUTHORIZATIONS FOR CASH ON

DEPOSIT WITH FREMONT BANK AND AUTHORIZATION TO TRANSFER

FUNDS USING ONLINE BANKING SERVICES
Staff recommends that the City Council adopt a Resolution stablishing signatory authorizations for cash on deposit with Fremont Bank and authorization to transfer funds using on-line banking services.

STRATEGIC PLAN ALIGNMENT
There is no strategic plan alignment associated with this agenda item. This resolution establishes authorized signers and transferors for City accounts at Fremont Bank.

BACKGROUND
With the appointment of Jackie Acosta as Finance Director, there is a need to change the authorized signers on accounts at Fremont Bank. As part of this process, new authorized signers cards are required by the bank via a City Council Resolution.

DISCUSSION
The City has established the following accounts with Fremont Bank – General Operating, Payroll and HCD (Housing and Community Development). The City now desires to appoint the following officials as the authorized signers on the aforementioned accounts:
· Mayor
· City Manager
· Deputy City Manager
· Finance Director
City Council/RSA Agenda 16 Tuesday, February 22, 2022
The attached resolution also identifies those employees authorized to create/initiate bank transfer between accounts, to the State Local Agency Investment Fund (LAIF) and to outside organizations for specific payments, such as debt service payments. All transfers require two individuals - the originator and the subsequent approver - in order to be processed.

This resolution also allows the Finance Director to authorize staff members performing duties related to accounts payable and payroll functions limited access to on-line banking services so that they may perform the banking activities associated with their job functions.

FISCAL IMPACT
There is no fiscal impact as a result of this action.

RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution establishing signatory authorizations for cash on deposit with Fremont Bank and authorization to transfer funds using on-line banking services.

Prepared by:

Anita Castillo, Budget Manager/Purchasing Agent
Submitted by:

Anita Castillo, Budget Manager/Purchasing Agent
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibits A & B Resolution
City Council/RSA Agenda 17 Tuesday, February 22, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ESTABLISHING SIGNATORY AUTHORIZATIONS FOR CASH ON DEPOSIT

WITH FREMONT BANK AND AUTHORIZATION

TO TRANSFER FUNDS USING ON-LINE BANKING SERVICES
WHEREAS, the City Council has identified those officials authorized as signatories on City bank accounts or authorized to transfer funds via on-line banking; and WHEREAS, financial institutions require formal authorization to verify the accuracy of the existing authorized officials and the officials’ signatures; and WHEREAS, the City would like to formally notify financial institutions of those officials authorized to transfer funds between City accounts and other institutions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the following positions and individuals identified in Exhibit “A” are given signature authority on the City bank accounts and the following positions and individuals identified in Exhibit “B” are authorized to transfer fund via on-line banking.

BE IT FURTHER RESOLVED that employee access to on-line banking services for routine accounts payable and payroll processing be handled administratively by the Finance Director.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City as a regular meeting held on the 22nd 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 18 Tuesday, February 22, 2022
EXHIBIT “A”
FREMONT BANK SIGNATURE AUTHORITY:

City of Union City General Operating Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Mark Evanoff
Finance Director Jackie Acosta
City of Union City Payroll Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Mark Evanoff
Finance Director Jackie Acosta
City of Union City HCD Account:

Mayor Carol Dutra-Vernaci
City Manager Joan Malloy
Deputy City Manager Mark Evanoff
Finance Director Jackie Acosta
City Council/RSA Agenda 19 Tuesday, February 22, 2022
EXHIBIT “B”
AUTHORIZATION TO TRANSFER FUNDS VIA FREMONT BANK’S ON-LINE BANKING SERVICES:

Transfers funds between City bank accounts*:

Finance Director Jackie Acosta
Budget Manager/Purchasing Agent Anita Castillo
Revenue Collections Manager Rahnni Le
Senior Accountant Dawn Taylor
Transfer funds to State of California Local Agency Investment Fund (LAIF)*:

Finance Director Jackie Acosta
Budget Manager/Purchasing Agent Anita Castillo
Revenue Collections Manager Rahnni Le
Senior Accountant Dawn Taylor
Transfer funds to other financial institutions*:

Finance Director Jackie Acosta
Budget Manager/Purchasing Agent Anita Castillo
Revenue Collections Manager Rahnni Le
Senior Accountant Dawn Taylor
*Dual-control process required: one person originates the transaction and a second person authorizes the release of funds via the online banking system.

City Council/RSA Agenda 20 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARK EVANOFF, DEPUTY CITY MANAGER
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY AUTHORIZING SUBMITTAL OF AN APPLICATION TO CALRECYCLE FOR $96,476 FOR SB 1383 GRANT FUNDS FOR WHICH THE CITY OF UNION

CITY IS ELIGIBLE
Staff recommends that the City Council adopt a Resolution authorizing submittal of a grant application to CalRecycle for SB 1383 funding for which the City is eligible.

CalRecycle has recently solicited grants from California jurisdictions to assist with funding activities related to implementation of the Short-Lived Climate Pollutants Act of 2016 (SB 1383) regulations. A grant to obtain $96,476 allocated to Union City was submitted by staff by the February 1, 2022 deadline. CalRecycle regulations requires the City Council to adopt a Resolution supporting the submission of a grant application by March 1, 2022.

STRATEGIC PLAN ALIGNMENT
Strategic Plan Goal D: Strategy 12, Explore additional opportunities to exceed State Waste Reduction targets.

BACKGROUND
The Short-lived Climate Pollutants Act of 2016 (SB 1383) establishes methane reduction targets as part of a larger Statewide strategy to combat climate change and reduce greenhouse gas (GHG) emissions. The goal of SB 1383 is to reduce Short-lived Climate Pollutants (SLCPs), primarily methane emissions created by landfills, dairies, and livestock, as wellas organic waste.

The law establishes a mandated target to achieve a Statewide 75 percent reduction in disposal of organic waste and a 20 percent increase in edible food recovery for human consumption by 2025. The law requires jurisdictions to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible City Council/RSA Agenda 21 Tuesday, February 22, 2022
food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.

The current CalRecycle SB 1383 grant expenditure criteria is quite broad in scope and the deadline for the current grant funding cycle was February 1, 2022 for submittal of the grant application and March 1, 2022 for submittal of a Resolution from the jurisdictions governing body approving submittal of the grant application.

Staff submitted the grant application by the February 1, 2022 deadline and in order to be eligible to receive the $96,476 in grant funds, the City Council must approve a Resolution authorizing the grant submittal and return the signed Resolution to CalRecycle by March 1, 2022.

The submitted grant application allocates the grant to primarily fund equipment and activities associated with providing Organics collection service to underserved Multi-family and Commercial accounts and to deploy compost at City facilities. The City is mandated to expand Organics service delivery to these underserved customers and to significantly increase its usage of compost at City facilities per the SB 1383 Regulations.

DISCUSSION
A Resolution approved by the City’s governing body is required for submittal of applications for grant funds made available by CalRecycle. The current CalRecycle SB 1383 grant funding is allocated across jurisdictions statewide based on a formula which uses population as a primary factor. The amount allocated to Union City is $96,476.

To be eligible to receive these CalRecycle grant funds, jurisdictions are required to submit an application by February 1, 2022, and an accompanying Resolution authorizing submittal of the grant application by March 1, 2022.

On February 1, 2022, staff submitted the required online grant application requesting $96,476 of grant funds.

The funds will primarily be used to supplement the City’s efforts to expand Organics collection service to currently underserved customers including Non-parcelized Multi-family properties, Parcelized Multi-family properties and Commercial accounts. The funds will be used to pay for receptacles to facilitate organics source-separation by these customers and two (2) limited duration part-time interns to assist staff with the rollout of organics collection service to these customers. In addition, the grant funds will in-part be used to purchase equipment needed by the Public Works Department to deploy compost on City properties.

Attachment 1, Table 1 provides a summary of the expenditures included in the grant application.

After CalRecycle awards the grant to Union City, staff will bring forward a Resolution for City Council consideration, seeking authorization to accept the grant and to appropriate the funds to for the programs identified by the grant.

FISCAL IMPACT
Submission of an application to CalRecycle seeking $96,476 to fund programs to implement SB 1383 will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution authorizing submission of a grant application to CalRecycle for SB 1383 grant funds for which the City is eligible.

City Council/RSA Agenda 22 Tuesday, February 22, 2022
Prepared by:

Cliff Feldman, Recycling and Solid Waste Program Manager Submitted by:

Cliff Feldman, Recycling and Solid Waste Program Manager ATTACHMENTS:

Description Type
Attachment 1 - Table 1 - CalRecycle SB1383 Grant Application Expenditures Summary
Attachment
Resolution -Authorizing SB1383 Grant Application to CalRecycle Resolution City Council/RSA Agenda 23 Tuesday, February 22, 2022
Attachment 1 - Table 1
Expenditure Amount Rationale
Compost Spreader $15,601 Equipment needed to deploy compost at City facilities by the Public Works Department.

Kitchen Pails - Facilitate source-separation of organics at multi-family properties.

Slim Jim receptacles and related supplies - Facilitate
source-separation of organics at commercial accounts.

Clear-Stream receptacles and related supplies - Facilitate source-separation of organics and recycling at City parks (sports fields, special events, etc.).

Two Part-time Interns $33,432
Supplement staff resources to implement Organics
collection services to underserved multi-family and
commercial accounts.

Total $96,476
CalRecycle SB 1383 Grant Application Expenditures Summary Equipment and Supplies
(Kitchen Pails, Slim Jim
receptacles, Clear-Stream
receptacles)
$47,443
City Council/RSA Agenda 24 Tuesday, February 22, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING SUBMITTAL OF AN APPLICATION TO CALRECYCLE FOR $96,476 FOR SB 1383 GRANT FUNDS FOR WHICH THE CITY OF UNION CITY

IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Union City does hereby authorize the submittal of an application to CalRecycle for $96,476 for SB 1383 grant funds for which the City of Union City is eligible.

PASSED AND ADOPTED by the City Council of the City of Union City at a regular meeting duly held on the 22nd 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 KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 25 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING CITY STAFF TO FILE ANNUAL

FUNDING APPLICATIONS WITH THE METROPOLITAN

TRANSPORTATION COMMISSION FOR ALLOCATION OF FUNDS FOR THE

OPERATION OF UNION CITY TRANSIT AND PARATRANSIT FOR FISCAL YEAR 2021-2022
Staff recommends that the City Council adopt the attached resolution to authorize City staff to file annual funding applications with the Metropolitan Transportation Commission (MTC) for allocation of funds the operation of Union City Transit and Union City Paratransit for FiscalYear (FY) 2021-2022.

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

BACKGROUND
The State’s Transportation Development Act (TDA), through the Local Transportation Fund (LTF), and State Transit Assistance (STA) provide the two (2) main sources of funding for public transportation. The LTF funds are derived from ¼-cent of the 7.25-cent retail sales tax collected statewide. STA funds are derived from the statewide sales tax on gasoline and diesel fuel. TDA and STA funds are apportioned through MTC.

DISCUSSION
Union City may claim these funds on an annual basis to meet operating, planning and capital requirements.

Unclaimed and/or unused funds are rolled over for future transit operating needs and are set aside to fund large upcoming transit capital projects. TDA and STA funds will be claimed to operate the City’s local fixed-route transit system and ADA (Americans with Disabilities Act) complementary paratransit service. The estimated total application amounts for these funds are as follows (fixed-route and paratransit combined) based on current allocation estimates:

City Council/RSA Agenda 26 Tuesday, February 22, 2022
TDA $4,224,156
TDA Capital $100,000
STA $808,234
Total $5,132,390

FISCAL IMPACT
The TDA and STA funding sources along with anticipated passenger fares and other revenues (including Alameda County Transportation Commission Measures B/BB) will fully fund Union City Transit and Union City Paratransit services for FY 2021-2022. There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to authorize City staff to file annual funding applications with MTC for allocation of funds the operation of Union City Transit and Union City Paratransit for FY 2021-2022.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 27 Tuesday, February 22, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE FILING OF APPLICATIONS WITH THE

METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF

FUNDS FOR THE OPERATION OF UNION CITY TRANSIT AND
PARATRANSIT FOR FISCAL YEAR 2021-2022
WHEREAS, the Transportation Development Act (TDA), Public Utilities Code (PUC) §99200 et seq., provides for the disbursement of funds from the Local Transportation Fund (LTF) of the County of Alameda for use by eligible applicants for the purpose of transportation services; and
WHEREAS, pursuant to the provisions of the TDA, and pursuant to the applicable rules and regulations thereunder (21 Cal. Code of Regs. §6630 et seq.) a prospective applicant wishing to receive an allocation from the LTF shall file its claim with the Metropolitan Transportation Commission (MTC); and
WHEREAS, the State Transit Assistance (STA) fund is created pursuant to PUC §99310 et seq.; and
WHEREAS, the STA fund makes funds available pursuant to PUC §99313.6 for allocation to eligible applicants to support approved transit projects; and WHEREAS, TDA funds from the LTF of the County of Alameda and STA funds will be required by applicant in Fiscal Year 2021-2022 (FY 2021-2022) for local transportation services; and
WHEREAS, the City of Union City is an eligible applicant for TDA and STA funds pursuant to PUC section(s) §99260, §99275, §99313 and §99314; NOW, THEREFORE, BE IT RESOLVED that the City Manager or designee is authorized to execute and file appropriate applications and supporting documents with MTC for an allocation of TDA and STA funds for FY 2021-2022.

BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to MTC in conjunction with the filing of the claim, and MTC be requested to grant the allocations of funds as specified herein.

City Council/RSA Agenda 28 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION APPOINTING INDIVIDUALS TO SERVE ON THE

HUMAN RELATIONS COMMISSION, PARKS AND RECREATION

COMMISSION, PLANNING COMMISSION AND THE SENIOR

COMMISSION
A Resolution has been prepared to confirm the Mayor's appointments of individuals to serve on the Human Relations Commission, Park and Recreation Commission, Planning Commission and Senior Commission.

STRATEGIC PLAN ALIGNMENT
There is no strategic plan alignment associated with this action.

BACKGROUND
A recruitment process was initiated for the term expirations and existing vacancies on aforementioned commissions. Interested parties were asked to submit applications to the City Clerk. Councilmembers conducted interviews on February 15, 2022.

DISCUSSION
Board and commission members are appointed by the Mayor with approval of the City Council. At the request of Mayor Dutra-Vernaci, a resolution has been prepared appointing/reappointing the following individuals:

Human Relations Commission
Reappoint Ann Yap to a 4-year term expiring August 31, 2025 Reappoint Shamsa Rafay Masood to a 4-year term expiring August 31, 2025 Reappoint Kashmir Singh Shahi to a 4-year term expiring January 9, 2026 Reappoint Michelle Wms-Smith to a 4-year term expiring January 14, 2026 City Council/RSA Agenda 29 Tuesday, February 22, 2022
Park and Recreation Commission
Reappoint Chuck Kennedy to a 4-year term expiring January 9, 2026 Appoint Amandeep Sandhu to a 4-year term expiring February 22, 2026 Planning Commission
Reappoint Lee Guio to a 4-year term expiring January 9, 2026 Reappoint JoAnn Lew to a 4-year term expiring January 9, 2026 Appoint Seyi Mclelland to a 4-year term expiring February 22, 2026 Appoint Ed Mack Agbuya as Alternate Commissioner to a 4-year term expiring February 22, 2026 Senior Commission
Reappoint Thu Thai to a 4-year term expiring February 3, 2026

FISCAL IMPACT
The City provides a stipend of $39 per meeting, up to $78 per month, for each meeting attended by Commissioner or Alternate Commissioner. Funds were appropriated with the adoption of the current budget to support the payment of meeting stipends.

RECOMMENDATION
Staff recommends City Council adopt the Resolution as submitted, appointing individuals to serve on the Human Relations Commission, Parks and Recreation Commission, Planning Commission and Senior Commission.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, CIty Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 30 Tuesday, February 22, 2022
RESOLUTION NO. XXXX--22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPOINTING

INDIVIDUALS TO SERVE ON THE ARTS & CULTURE COMMISSION, HUMAN

RELATIONS COMMISSION, PARKS AND RECREATION COMMISSION, PLANNING

COMMISSION AND SENIOR COMMISSION
WHEREAS, a recruitment process was initiated for the term expirations and existing vacancies on the Human Relations Commission, the Parks and Recreation Commission, the Planning Commission and the Senior Commission; and
WHEREAS, interested parties were asked to submit applications to the City Clerk and the Council conducted interviews on February 15, 2022; and
WHEREAS, board and commission members are appointed by the Mayor with approval of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT, the following individuals are appointed as follows:

Human Relations Commission
 Reappoint Ann Yap to a 4-year term expiring August 31, 2025  Reappoint Shamsa Rafay Masood to a 4-year term expiring August 31, 2025  Reappoint Kashmir Singh Shahi to a 4-year term expiring January 9, 2026  Reappoint Michelle Wms-Smith to a 4-year term expiring January 14, 2026 Park and Recreation Commission
 Reappoint Chuck Kennedy to a 4-year term expiring January 9, 2026  Appoint Amandeep Sandhu to a 4-year term expiring February 22, 2026 Planning Commission
 Reappoint Lee Guio to a 4-year term expiring January 9, 2026  Reappoint JoAnn Lew to a 4-year term expiring January 9, 2026  Appoint Seyi Mcclelland to a 4-year term expiring February 22, 2026  Appoint Ed Mack Agbuya as Alternate Commissioner to a four year term expiring February 22, 2026
Senior Commission
 Reappoint Thu Thai to a 4-year term expiring February 3, 2026 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd day of February 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

City Council/RSA Agenda 31 Tuesday, February 22, 2022
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 32 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: PUBLIC HEARING TO RECEIVE COMMUNITY INPUT REGARDING

DISTRICT BOUNDARIES FOR DISTRICT-BASED ELECTIONS
PURSUANT TO ELECTIONS CODE SECTION 21607.1 (3
rd HEARING) AND

INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UNION CITY ADOPTING THE FINAL MAP OF DISTRICT BOUNDARIES

FOR DISTRICT-BASED ELECTIONS OF COUNCILMEMBERS IN
ACCORDANCE WITH THE REDISTRICTING PROCESS FOR THE 2020

FEDERAL DECENNIAL CENSUS, AND AMENDING UNION CITY
MUNICIPAL CODE SECTION 2.04.510– START TIME AT 7:30 P.M.

As the City Council may recall, the City transitioned from at-large councilmember elections to district-based elections in 2019. This transition brought councilmember elections under the purview of the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the “Fair Maps Act” or “the Act”) which establishes certain procedural and legal requirements for reviewing the boundaries of voting districts and readopting new boundaries based on current census data. As part of the process, the City is required to provide the community with the opportunity to submit maps for review and consideration and must conduct a minimum of four public hearings.

The City Council held the first public hearing to receive community input regarding district boundaries for district-based elections on November 9, 2021. Following the first public hearing, the City engaged in community outreach and provided tools to allow members of the public to participate and propose potential district maps. The City received 3 proposed maps and the City’s consultant, National Demographics Corporation (“NDC”), prepared 3 proposed maps.

The City Council conducted the second public hearing on January 25, 2022 to consider the drawn maps.

Following the second public hearing, the City Council provided general direction based on the maps that were drawn and sought a map that consisted of a version of maps 101 and 201 with some elements of map 103.

NDC has prepared a map based on the understanding of Council direction in a manner that complies with all legal requirements for consideration and potential introduction of an ordinance.

City Council/RSA Agenda 33 Tuesday, February 22, 2022
Staff recommends that the City Council conduct a third public hearing to solicit community input on boundaries and composition of new council election districts, review the drawn map, and consider introducing an ordinance adopting the final map of district boundaries for district-based elections of Councilmembers in accordance with the redistricting process for the 2020 Federal Decennial Census, and amending Union City Municipal Code section 2.04.510.

If the City Councilconducts the first reading and introduces the ordinance, the ordinance will be brought back to the City Council for finaladoption following the fourth and final public hearing on March 8, 2022.

STRATEGIC PLAN ALIGNMENT
This action is related to Goal B, Strategy 3 of the Strategic Plan:

3. Implement a new system of electing councilmembers by district and establish protocols for governance.

BACKGROUND
Every ten years, following the Federal Decennial Census, cities that use district-based election systems must review the boundaries of voting districts and re-adopt new boundaries based on current census data to ensure that the districts remain substantially equal and still protect the rights of members of communities of interest to vote for candidates of their choice. The Fair Maps Act establishes multiple requirements on the process of redistricting, including the need for public hearings.

The City hired NDC to serves as the City’s consultant and demographer to assist with the redistricting process. At the first public hearing on November 9, 2021, Mr. Robert McEntire provided a presentation with background regarding the redistricting process. Following the November 9, 2021 City Council meeting, the City engaged in extensive public outreach and provided mapping tools for the public to provide input and submit their own maps.

The City Council held a second public hearing on January 25, 2022 to consider the drawn maps that were prepared by NDC as well as members of the public. Following the second public hearing, the City Council eliminated four of the maps but provided general direction for NDC to prepare map that consisted of a version of maps 101 and 201 with some elements of map 103. NDC has prepared a map based on the understanding of Council direction in a manner that complies with all legal requirements for consideration and staff has prepared an ordinance for introduction.

DISCUSSION
Union City Municipal Code Section 2.40.520 provides that members of the City Council for District 1 shall be elected every four years after November 2020. Districts 2, 3, and 4 shall be elected at the November 2022 general municipal election and every four years thereafter. In November 2020, the City’s voters participated in the first district based election for District 1. Since the City Council's transition to district elections, the State has enacted additional laws governing the redistricting process, which sets forth revised redistricting criteria and deadlines for the adoption of new boundaries by the local governing body, hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary map, and requirements to encourage resident participation in the redistricting process.

By law, the City must hold at least four public hearings to enable community members to provide input on the drawing of district maps. The City must hold at least one public hearing to receive input on the composition of the district maps before draft district maps are drawn. The City must hold at least two public hearings after the maps are drawn.

City Council/RSA Agenda 34 Tuesday, February 22, 2022
Dates Actions
November 9, 2021 Public Hearing #1* HELD
January 20, 2022 Deadline to Post Notice of Hearing # 2 January 25, 2022 Public Hearing #2* HELD
February 17, 2022 Deadline to Post Notice of Hearing # 3 February 22, 2022 Public Hearing #3*: Introduce ordinance March 3, 2022 Deadline to Post Notice of Hearing # 4
March 8, 2022 Public Hearing #4*: FinalAdoption of Ordinance.

April 17, 2022 Deadline to Adopt final map for Novemberelections.

The City Council held the second public hearing after maps were drawn on January 25, 2022 and provided direction regarding a proposed map. NDC has drawn a map for Council consideration based on an understanding of the feedback provided. If the City Council finds the draft map acceptable, staff has prepared a proposed ordinance for first reading at the third public hearing. Assuming the City Council introduces the ordinance, staff will return on March 8, 2022 for the fourth and final public hearing, and the proposed ordinance for adoption implementing the selected council election district map. This would be consistent with the originalanticipated timeline below. The City has untilApril 17, 2022 to complete the redistricting process.

Timeline for Redistricting Hearings
The City Attorney’s Office developed the following schedule for hearings as part of the redistricting process:
*Hearings must be held in accordance with the Fair Maps Act.

The first public hearing was held on November 9, 2021 and the second hearing was held on January 25, 2022.

Consistent with the requirements of the Fair Maps Act and the schedule adopted, staff recommends that the City Councilconduct a third hearing and consider the proposed map that have been drawn based on NDC and staff’s understanding of City Council direction. At the February 22, 2022 public hearing, NDC will provide information regarding the draft map, which is attached to this staff report.

Public Outreach and Input Regarding Composition of Districts City staff have engaged in extensive public outreach consistent with the requirements under State law. This included establishing a committed link on the City’s main webpage where the public could obtain information and follow the redistricting process, multiple e-mail blasts, and providing information on social media.

Under State law, draft districting maps must be published seven days prior to finaladoption.

Criteria for Consideration of District Boundaries
As the Council is aware, in addition to the requirements that the districts must be substantially equal in population based upon federal census data and in compliance with the U.S. and California Constitutions and the U.S. Voting Rights Act of 1965, the Fair Maps Act requires that Council adopt the district boundaries based upon the following criteria in order of priority:

1. Be geographically contiguous;
City Council/RSA Agenda 35 Tuesday, February 22, 2022

2. Respect the geographic integrity of neighborhoods or “communities of interest” by minimizing division;

3. Be easily identifiable and understandable by residents and bounded by natural or other barriers, streets or City boundaries;

4. Encourage geographical compactness in a manner that nearby areas of populations are not bypassed for more distant populations; and

5. Not favor or discriminate against a political party.

The draft map prepared by NDC complies with these requirements.

FISCAL IMPACT
There are no direct costs associated with the City Councilconducting a public hearing to solicit community input on boundaries and composition of new council election districts and introduction of the proposed ordinance.

RECOMMENDATION
Staff recommends the City Council conduct a third public hearing to solicit community input on the potential boundaries and composition of new council election districts, consider the drawn draft map, and, if the City Council is comfortable with the draft map, waive full reading and conduct a first reading and introduction of the proposed ordinance. Should the City Council seek further revisions to the drawn draft map, the City Council should provide that direction and staff will return on March 8 with a further draft map for introduction of an ordinance.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Redistrict Ordinance Ordinance
NDCMap Exhibit
NDCMap Demographics Attachment
Public Comment Attachment
City Council/RSA Agenda 36 Tuesday, February 22, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UNION CITY ADOPTING THE FINAL MAP OF DISTRICT BOUNDARIES FOR

DISTRICT-BASED ELECTIONS OF COUNCILMEMBERS IN ACCORDANCE WITH THE REDISTRICTING PROCESS FOR THE 2020 FEDERAL DECENNIAL CENSUS, AND AMENDING UNION CITY MUNICIPAL CODE SECTION 2.04.510 WHEREAS, on October 8, 2019, the City of Union City (“City”) adopted Ordinance No. 862.19 amending Chapter 2.04 of the Municipal Code and changing the City from an at-large to a districtbased voting system, adopting boundaries for the City’s four voting districts and establishing an implementation schedule for conversion to district-based voting during the 2020 and 2022 election cycles; and
WHEREAS, the City Council (“Council”) is the governing body of the City, and the Council is comprised of five members, including the directly elected Mayor and four Councilmembers; and WHEREAS, pursuant to Elections Code section 21601(a), the City is required to update (“redistrict”) its district boundaries every ten years, following the receipt of updated population data from each Federal Decennial Census; and
WHEREAS, since the City has district-based elections for four Councilmembers, the City is required to redistrict the district boundaries prior to the next election of Councilmembers in 2022.

Councilmember District 1 was on the ballot on November 3, 2020, and Councilmember Districts 2, 3, and 4 will be on the ballot in November 2022; and WHEREAS, while the City recently established the district boundaries on October 8, 2019, the boundaries are based on the 2010 Federal Census, and the City must now update the boundaries through the redistricting process based on the 2020 Federal Census; and WHEREAS, in 2019, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (“FAIR MAPS”) Act (AB 849) amended the process and criteria by which the City must evaluate and adjust its voting district boundaries; and WHEREAS, on November 9, 2021, the City Council held its first Public Hearing prior to drawing a draft map or maps consistent with Elections Code section 21607.1(a)(1) to receive public input regarding communities of interest and the composition of council districts; and WHEREAS, following the November 9, 2021 Public Hearing, the City made public mapping tools available and engaged in significant public outreach consistent with the requirements of the FAIR MAPS Act to invite the public to provide input and proposed maps for Council consideration; and WHEREAS, on January 25, 2022, consistent with California Elections Code section 21627.1, the City Council held its second Public Hearing to review drawn draft maps and to receive public input regarding communities of interest and the composition of council districts. The City Council City Council/RSA Agenda 37 Tuesday, February 22, 2022
provided direction to the City’s demographer, National Demographics Corporation, regarding the drawn maps and preparing a further map for evaluation; and WHEREAS, at its regular meeting on February 22, 2022, the City Council held its third public hearing to review the drawn draft map and to receive public input regarding communities of interest and the composition of council districts. and consider a proposed ordinance adopting the final map of district boundaries for district-based elections of Councilmembers in accordance with the redistricting process for the 2020 Federal Decennial Census, as required by California Elections Code sections 21601 and 21607.1; and the Council introduced this ordinance to adopt the district boundary map (consistent with what is documented in this ordinance on Exhibit A); and
WHEREAS, prior to final adoption, at its regular meeting on March 8, 2022, the City Council held its fourth public hearing to review the drawn draft map and to receive public input regarding communities of interest and the composition of council districts, and consider a proposed ordinance adopting the final map of district boundaries for district-based elections of Councilmembers in accordance with the redistricting process for the 2020 Federal Decennial Census, as required by California Elections Code sections 21601 and 21607.1; and to adopt this ordinance to adopt the district boundary map (consistent with what is documented in this ordinance on Exhibit A); and
WHEREAS, the City has complied with all requirements of California Elections Code sections 21600 – 21609; and
WHEREAS, the District Boundary Map adopted as a part of this Ordinance (attached hereto as Exhibit A and incorporated herein by reference) complies with the legal criteria and order of priority established by California Government Code Section 21601; and WHEREAS, this Ordinance is intended to provide for the district-based election of four Councilmembers of the City of Union City by-district in four single-member districts, retaining a directly elected office of Mayor; and
WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the requirements of the FAIR MAPS Act; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, and as published on the City’s redistricting webpage (https://www.unioncity.org/414/By-District-Elections), including any supporting reports by City staff, and any information provided during public meetings.

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and determinations. The City Council hereby finds and determines that the facts set forth in the recitals to this Ordinance are true and correct, and establish the factual bases for the City Council’s adoption of this Ordinance.

City Council/RSA Agenda 38 Tuesday, February 22, 2022
SECTION 2. District Boundary Map. The City Council hereby approves and adopts as its “final map” (as that phrase is used in California Elections Code Sections 21607.1) the District Boundary Map for the District-Based election system for four Councilmembers, identifying the district boundaries for each of the four districts, as set forth on Exhibit A, attached hereto and incorporated herein by reference. The District Boundary Map shall be published on the City’s webpage (https://www.unioncity.org/414/By-District-Elections) and is hereby adopted as Exhibit A in Section 2.04.510(A) of the Union City Municipal Code and incorporated herein by this reference.

SECTION 3. Implementation. If necessary to facilitate the implementation of this Ordinance, the City Council hereby authorizes the City Manager, or designee, to make technical adjustments to the district boundaries adopted in this Ordinance that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

SECTION 4. CEQA. The City Council finds that the actions authorized by this Ordinance are not subject to the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) since the actions will not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 5. Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub- section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS
APPROVED:

City Council/RSA Agenda 39 Tuesday, February 22, 2022
_____________________________
Carol Dutra-Vernaci, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Anna Brown, City Clerk Kristopher J. Kokotaylo, City Attorney City Council/RSA Agenda 40 Tuesday, February 22, 2022
880
4 1 3
2 National Demographics Corporation, February 16, 2022
Total Population Deviation: 2.71%Most Latino District: 2 (35% CVAP) City Council/RSA Agenda 41 Tuesday, February 22, 2022 �2021 CALIPER Category Field 1234 Total
Total Population 17,330 17,317 17,792 17,779 70,218
Population Deviation -225 -238 238 225 475
Pct. Deviation -1.28% -1.36% 1.35% 1.28% 2.71%
Hispanic/Latino 19% 40% 18% 10% 22%
NH White 13% 12% 10% 9% 11%
NH Black 5% 4% 5% 5% 5%
NH Asian/Pac.Isl. 61% 41% 63% 74% 60%
NH Native Amer. 0% 0% 0% 0% 0%
Total 11,095 11,526 13,355 13,534 49,509
Hisp 21% 35% 17% 9% 20%
NH White 21% 21% 19% 15% 19%
NH Black 6% 5% 8% 4% 6%
Asian/Pac.Isl. 51% 38% 56% 71% 55%
Native Amer. 0% 0% 0% 0% 0%
Total 9,460 9,419 10,370 11,498 40,747
Latino est. 25% 40% 27% 19% 27%
Spanish-Surnamed 23% 37% 25% 17% 25%
Asian-Surnamed 28% 21% 23% 35% 27%
Filipino-Surnamed 8% 4% 12% 10% 9%
NH White est. 33% 29% 28% 28% 29%
NH Black 7% 6% 10% 7% 8%
Total 7,552 7,203 8,071 9,365 32,191
Latino est. 26% 40% 27% 19% 27%
Spanish-Surnamed 24% 37% 25% 17% 25%
Asian-Surnamed 28% 21% 23% 35% 27%
Filipino-Surnamed 8% 4% 12% 10% 9%
NH White est. 33% 29% 28% 28% 29%
NH Black 7% 6% 10% 7% 8%
Total 4,870 4,532 5,169 6,108 20,679
Latino est. 25% 41% 27% 18% 27%
Spanish-Surnamed 23% 38% 25% 17% 25%
Asian-Surnamed 24% 19% 21% 33% 25%
Filipino-Surnamed 6% 4% 11% 10% 8%
NH White est. 36% 31% 30% 30% 32%
NH Black est. 7% 5% 11% 8% 8%
age0-19 19% 22% 22% 20% 21%
age20-60 60% 61% 54% 55% 57%
age60plus 21% 17% 24% 25% 22%
immigrants 46% 42% 43% 50% 45%
naturalized 60% 57% 71% 75% 67%
english 37% 33% 37% 33% 35%
spanish 12% 27% 13% 6% 14%
asian-lang 28% 24% 40% 42% 34%
other lang 22% 15% 10% 19% 16%
Language Fluency Speaks Eng. "Less than
Very Well" 18% 18% 20% 21% 20%
hs-grad 42% 48% 47% 38% 44%
bachelor 26% 22% 25% 31% 26%
graduatedegree 20% 14% 8% 17% 15%
Child in Household child-under18 34% 37% 37% 40% 37%
Pct of Pop. Age 16+ employed 68% 68% 63% 62% 65%
income 0-25k 7% 6% 10% 5% 7%
income 25-50k 10% 10% 13% 7% 10%
income 50-75k 10% 15% 16% 9% 13%
income 75-200k 50% 50% 46% 51% 49%
income 200k-plus 22% 19% 16% 28% 21%
single family 65% 71% 86% 96% 79%
multi-family 35% 29% 14% 4% 21%
rented 44% 44% 32% 14% 34%
owned 56% 56% 68% 86% 66%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
Union City - NDC Plan 201b
2020 Census
Total Pop.

Citizen Voting Age Pop
Housing Stats
Voter Registration (Nov
2020)
Voter Turnout (Nov
2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

Voter Turnout (Nov
2018)
City Council/RSA Agenda 42 Tuesday, February 22, 2022


 



 










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City Council/RSA Agenda 43 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE AD HOC SUBCOMMITTEE'S

RECOMMENDATIONS TO PROCEED WITH A COMMUNITY SURVEY

FOR THE EXTENSION OF THE ONE-HALF CENT SALES TAX AND TO

CONTINUE THE ANALYSIS OF A PROPOSED UPDATE TO THE

BUSINESS LICENSE TAX FOR CONSIDERATION AT A FUTURE

ELECTION CYCLE
Staff recommends the City Council accept the recommendation of the Ad Hoc Subcommittee to work with staff and consultants to prepare a survey to test voter attitudes on extending the one-half cent local sales tax and continue the analysis to update the Business License Tax (BLT) for consideration on a future ballot.

STRATEGIC PLAN ALIGNMENT
Goal: Fiscal Stability and Sustainability
Strategy:

Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or, prepare for $6.6 million in service cuts.

Study the benefits and opportunity to update the City’s business license tax for voter consideration.

Goal: Economic, Community Development, Public Safety
Strategy:

Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.

Goal: Education and Outreach
Conduct outreach and community education about the City services, financial resources, areas of cost, and impacts of failed ballot measures on city services
City Council/RSA Agenda 44 Tuesday, February 22, 2022

BACKGROUND
The City Council adopted a resolution authorizing the Mayor to appoint two members of the City Council to evaluate the placement of a BLT and extending the one-half cent sales tax, both of which require voter approval.

The Ad Hoc Subcommittee met on February 3 and February 10, 2022. Staff presented preliminary findings on the potential revenue generation of a BLT based on gross receipts and the extension of the one-half cent sales tax. The Subcommittee’s review included Union City’s position among cities regarding the general fund, local sales tax rate, and local sales tax generation. The Subcommittee also reviewed BLT data and how the proposed new rate would impact Union City businesses.

DISCUSSION
Revenues for the General Fund are composed of property taxes, City share of state taxes, the voter-approved one-half cent sales tax and Utility Users Tax, licenses, fees and permits, other forms of taxes and charges.

Business License Tax Update
The Economic Development Advisory Team (EDAT) explored BLT amendments to ensure all businesses pay their fair share for receiving services. The existing Business License Tax, established in 1969, has 65 different categories of businesses and has not been modernized to reflect the changing business landscape. HdL Companies (HdL) was engaged to evaluate potential options for the City to consider to update the BLT to generate new revenues and create a fairer model. The preferred EDAT option was Model 4, a BLT based on gross receipts. The proposed BLT would reduce the business categories from 65 to seven and establish new rates for most businesses. The potential revenue generation was estimated to be $2.9 million. The City Council accepted EDAT’s recommendation to further study updating the BLT and consider placing it on a future ballot for voter consideration.

With the City Council’s direction, staff analyzed how HdL’s proposed Model 4 would impact existing Union City businesses. For the purposes of the analysis, Union City staff used actual gross receipts of local businesses, if possible, and relied on industrial averages that were provided by HdL when actual data was not available. Staff also compared the rates with the neighboring cities of Fremont, Newark, and San Leandro.

See Attachments 2 – 5 for details on each business category.

Based on this analysis, the proposed business license tax for many Union City businesses would increase by a factor of two, three or four times the current amount. Some businesses (warehouses) would see an increase of 17 times their current payments. The proposed Union City Business License Tax would generally be significantly higher than neighboring cities. Model 4 significantly increased the BLT for low employment and low tax generating uses, such as warehousing. It also impacted small businesses, large employers, and large sales tax generating businesses.

For example, the Business License Tax for:

Medium Wholesalers would increase from $420 to $1,000. Fremont’s tax rate is $347, San Leandro’s is $761, and Newark’s is $1,051.

Large retail would increase from $38,700 to $90,000. Fremont’s tax rate is $22,530, Newark’s is $14,311, and San Leandro’s is $1,595.

Dental offices would increase from $261 to $832. Dental BLT is likely underestimated because the industrialaverage gross receipts for a dentist is under $300,000 and the actual gross receipts is likely to be $1 to $3 million, which could result in a BLT of $2,400.

City Council/RSA Agenda 45 Tuesday, February 22, 2022
Four-unit apartments would increase from $152 to $439. Fremont charges $242, Newark $137, and San Leandro $199.

Apartment complexes would increase from $5,300 to $31,472. Fremont charges $13,689, Newark $2,387, and San Leandro $5,426.

Commercial leases would increase from $12,900 to $44,950. Fremont charges $19,530, Newark $3,061, and San Leandro charges $10,975.

Hair salons would increase from$261 to $695. Fremont charges $390, Newark $468, and San Leandro $806.

Large warehouses would increase from $3,800 to $64,900. Fremont charges $290, Newark $1,800, and San Leandro $22,966.

Medium warehouses would increase from $198 to $350. Fremont charges $30, Newark $91, and San Leandro $3,113.

Small gas stations would increase from $602 to $1,400. Fremont charges $380, Newark $1,100, and San Leandro $287.

Some of the biggest sales tax generators would also be burdened with large increases in the BLT. See Attachment 7. For example, the BLT for:

Some retail stores would increase from $25,800 to $60,000. By comparison the BLT for Fremont is $11,050, Newark is $9,901, and San Leandro is $8,970.

A medium service station would increase from $2,580 to $6,000. By comparison, the BLT in Fremont is $1,530, Newark is $1,801, and San Leandro is $366.

The Ad Hoc Committee agreed that more time was needed to understand the impact of a new BLT on individual businesses and to verify potential revenue based real gross receipts data rather than industrial averages. The proposed BLT may be fair for some categories of business, but also may be an unfair burden on other business categories. The Subcommittee concluded that it would be premature for the City Council to place a BLT on the November 2022 ballot and that further analysis was needed to ensure that an updated BLT would support the economic development goals of the City.

Sales Tax Extension
The one-half cent sales tax is a 50-cent tax on every $100 of taxable goods. The one-half cent sales tax is levied against all purchases in Union City (visitors, businesses, and residents) and all on-line purchases. The tax is also assessed on vehicle sales where the purchaser is located in Union City. The one-half cent sales tax expires in April 2025 when it is expected to generate approximately $7 million annually for the General Fund.

City Council/RSA Agenda 46 Tuesday, February 22, 2022
Financial forecasts presented to the City Council by Management Partners and staff indicate existing revenues are stable for the next three years to pay for the cost of providing services to residents. The one-half cent sales tax currently generates $6.6 million a year and represents approximately eight percent of the General Fund revenue. If the one-half cent sales tax is not extended, or if new revenues are not generated, the City would begin deficit spending to fund City services, and the City would burn through reserves by FY 28/29.

Alternatively, new revenue sources would need to be established, or approximately $7 million in services would need to be cut.

As a point of reference, the current sales tax is equivalent to the operation of:

Two fire stations; or,
Twenty-six police officers; or,
A mix of public safety, non-profit grant funding, social services for youth and family, recreational services, and maintenance of our parks and streets.

To replace the this source of revenue would require the equivalent tax generation of:
10 new hotels; or,
Brick and mortar retail sales equivalent to 2.5 Union Landings; or, Over 3,800 new homes that sellat $1,000,000 each (not in the RDA area); or Ten cannabis stores with sales tax revenue of over $600,000 each.

The one-half cent sales tax has historically been supported by voters receiving 60 percent support in 2010, 73 percent support in 2014, and polling 61 percent support in 2020. The City has a public education program in place to help the residents understand City finances, the cost of providing services, and the funding programs available.

The Ad Hoc Subcommittee reached consensus on moving forward with the community survey to evaluate the residents position of extending the existing one-half cent sales tax on the 2022 ballot. Waiting until the November 2024 election cycle for this analysis would create fiscal uncertainty for staffing, programs, and projects with the expiration of the tax in early 2025.

Proceeding with the survey now on voter attitudes toward extension of the one-half cent sales tax would provide the City Council current data to assist the City Council in making its decision on whether to proceed with placing a measure on the November 2022 ballot to extend the sales tax.

FISCAL IMPACT
Proceeding with a survey on attitudes toward extending a one-half cent sales tax will not impact the General Fund. The Council authorized in January a contract with TBWHB (and Godbe Research) to prepare a community survey.

RECOMMENDATION
Staff recommends that the City Council accept the Ad Hoc Subcommittee’s recommendation to proceed with a community survey on the one-half cent sales tax. The Subcommittee will continue to work with staff and consultants to prepare a survey evaluating voter attitudes toward extending the tax. The Subcommittee also recommends that the Council direct staff to further analyze the BLT to establish rates that supports the City’s economic development goals and work towards a possible ballot measure in 2024.

City Council/RSA Agenda 47 Tuesday, February 22, 2022
Prepared by:

Mark Evanoff, Deputy City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Business License TaxAnalysis Attachment
Power Point Attachment
City Council/RSA Agenda 48 Tuesday, February 22, 2022
1 Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
Attachment 1
Business License Tax Analysis
February 2022
City Council/RSA Agenda 49 Tuesday, February 22, 2022
2 General Businesses: Retail/Wholesale/Hotel/Misc.

Proposed Rates Comparison Table
Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 50 Tuesday, February 22, 2022
3 Professionals Services:

Proposed Rates Comparison Table
Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 51 Tuesday, February 22, 2022
4 Property Rentals 3 Units or More:

Proposed Rates Comparison Table
Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 52 Tuesday, February 22, 2022
5 General Services:

Proposed Rates Comparison Table
Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 53 Tuesday, February 22, 2022
6 Warehouse/Distribution:

Proposed Rates Comparison Table
City Council/RSA Agenda 54 Tuesday, February 22, 2022
City Council Ad Hoc Subcommittee
Recommendations
February 22, 2022
Item 7.a.

City Council/RSA Agenda 55 Tuesday, February 22, 2022
2 Objectives for Meeting
• Confirm Subcommittee direction (per CC Reso)
• Business License Tax (BLT) • 1/2 cent sales tax
• Support survey development • Recommendation to City Council City Council/RSA Agenda 56 Tuesday, February 22, 2022
3 Strategic Plan
• Fiscal Stability and Sustainability
• Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or, prepare for $6.6 million in service cuts. • Study the benefits and opportunity to update the City’s business license tax for voter consideration. • Economic, Community Development, Public Safety
• Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.
• Education and Outreach
• Conduct outreach and community education about the City services, financial resources, areas of cost, and impacts of failed ballot measures on city services City Council/RSA Agenda 57 Tuesday, February 22, 2022
4 Primary Sources for General Fund
Property tax General Fund Sources
39%
Property Tax
16%
Sales Tax
City Council/RSA Agenda 58 Tuesday, February 22, 2022
5 Union City – Lowest General Fund per Capita
City Council/RSA Agenda 59 Tuesday, February 22, 2022
6 Property Assessed Value Per Capita
$-
$100,000 $200,000 $300,000 $400,000 $500,000 $600,000
Source: Alameda County Assessor, 2020-2021 Roll
City Council/RSA Agenda 60 Tuesday, February 22, 2022
7 Sales Tax Rates in Alameda County
• Alameda 10.75%• Albany 10.75%• Hayward 10.75%• Newark 10.75%• San Leandro 10.75%• Union City 10.75%• Emeryville 10.50% • Oakland 10.25%• Berkeley 10.25%• Livermore 10.25%• Fremont 10.25%• Dublin 10.25%• Pleasanton 10.25%• Piedmont 10.25% City Council/RSA Agenda 61 Tuesday, February 22, 2022
8 Alameda County Sales Tax
6%State
City Council/RSA Agenda 62 Tuesday, February 22, 2022
9 Breakdown of taxes per $100
$0$1$2$3$4$5$6$7
1 $4.25
County
$6.00
State
50 Cents
Local
State
Bradley-Burns
Pass-through
City Council/RSA Agenda 63 Tuesday, February 22, 2022
10 Union City Per Capita Sales Tax
$0
$100$200$300$400$500$600$700
Chart Title
Source: MuniServices/Avenu Insights, 2021Q3
City Council/RSA Agenda 64 Tuesday, February 22, 2022
11 Long-term Budget Projections
• Budget stability until ½ cent
sales tax expiration in 4/2025
• Revenue measure - 2024
ballot is last opportunity to address $6.6M gap
• If successful in 2022, will
avoid ‘fiscal cliff’
• Extension will begin in 2025
City Council/RSA Agenda 65 Tuesday, February 22, 2022
12 Why now to extend sales tax?
• Waiting until 2024 will create fiscal cliff• 2024 election will likely see competitive revenue measures from region and county
• Impact of loss of $6.6M w/o replacement
• Deferred maintenance of streets and facilities• Budget cuts and service cuts• Workforce retention • Historic support for sales tax• Captures on-line sales as retail markets shifts• Captures trade area City Council/RSA Agenda 66 Tuesday, February 22, 2022
13 Use of funds
• Sales Tax $6.6 Million =
• 2 fire stations, or• 26 police officers, or• 8 police officers, plus• Non-profit grant funding (Centro, Tiburcio Vasquez, housing, seniors)
• Social services (seniors and youth)• Recreational services (sports, classes, community centers) • Parks and street maintenance (fields, courts, streets) City Council/RSA Agenda 67 Tuesday, February 22, 2022
14 Replacement of $6.6 million revenue
• 10 New Hotels ($660,000 in TOT)• 2.5 Union Landings • 3,828 New Homes at $1,000,000 each (not in RDA area)• 10 cannabis stores with sales tax rev. of $600,000 each• BLT increase of at least 4 times over current rate s
City Council/RSA Agenda 68 Tuesday, February 22, 2022
15 Business License Tax
• Subcommittee reviewed the BLT = likely < $2.9M
• Staff tested BLT to local businesses• Based on actuals, when available, and ‘industry standards’ • Significant increase
• 2x, 3x, and 4x for most businesses, including small businesses and retail (Ex. $261 to 1,000; 38,700 to $90,000)
• Up to 17x increase on warehouse (Ex. $3,870 to $64,900) • Much higher BLT when compared to nearby cities
City Council/RSA Agenda 69 Tuesday, February 22, 2022
16 General Businesses: Retail/Wholesale/Hotel/Misc. Proposed Rates Comparison Table Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 70 Tuesday, February 22, 2022
17 Professionals Services: Proposed Rates Comparison Table Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 71 Tuesday, February 22, 2022
18 Property Rentals 3 Units or More:Proposed Rates Comparison Table Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 72 Tuesday, February 22, 2022
19 General Services:Proposed Rates Comparison Table
Approve the minutes of
the 7-19-21 Meeting of
the Sales Tax & Utility
Users’ Tax Oversight
Committee
City Council/RSA Agenda 73 Tuesday, February 22, 2022
20 Warehouse/Distribution: Proposed Rates Comparison Table City Council/RSA Agenda 74 Tuesday, February 22, 2022
21 Top Sales Tax Generators
City Council/RSA Agenda 75 Tuesday, February 22, 2022
22 Business License Tax
• Conclusion
• Better data needed• Careful review of local impact• Establish a fair license that addresses city economic development goals and policies
• Does not fully replace ½ cent sales tax• Outreach plan • Work with EDAT and Council to target future election cycle City Council/RSA Agenda 76 Tuesday, February 22, 2022
23 Subcommittee Recommendation
• Slower path on BLT
• Collect data• Prepare modeling to match economic development goals• Outreach to businesses• Target 2024 election cycle • Survey community for ½ cent sales tax extension
City Council/RSA Agenda 77 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

CLASSIFICATION PLAN AND AMENDING THE COMPENSATION AND

BENEFIT PLAN FOR UNREPRESENTED EMPLOYEES TO CREATE THE

POSITION OF INFORMATION TECHNOLOGY DIRECTOR AND
APPROVING AN AMENDMENT TO THE CITY’S COMPENSATION PLAN

AND SALARY SCHEDULE IN CONFORMANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Council adopt the attached resolution to establish the new Department Head position of Information Technology Director. The new position assumes the duties previously performed by the Chief Technology Officer position.

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning the provision of criticalcity services with current staffing levels.

BACKGROUND
Information technology (IT) is essential to the operations of the City and impacts every employee, business and resident. The ever-expanding role of IT requires the oversight and management of a department director that can oversee IT services and plan for future demands. IT support is necessary for all city operations, such as finance, development and permitting, geographic information systems, public safety, communications, and transportation. A director would be able to oversee a comprehensive information technology program and provide unifying leadership and a strategic vision.

DISCUSSION
City Council/RSA Agenda 78 Tuesday, February 22, 2022
As a Department Head, the new position of Information Technology Director is needed to direct and manage citywide information technology and systems. The Information Technology Director’s responsibilities include strategic planning efforts for mid- and long-term needs and to foster innovation throughout City operations.

The Director would also direct and administer the overall activities of the department, assisting City departments in meeting their program responsibilities and, in conjunction with the City Manager, provide the management control necessary to guarantee the most effective and secure use of information technology resources citywide.

FISCAL IMPACT
The proposed annual range of the Information Technology Director is $15,976 to $19,154. There is no immediate impact as the funding from the Chief Technology Officer and vacant Assistant to the City Manager will be used.

RECOMMENDATION
Staff recommends that the City Council adopt the proposed resolution to approve an amendment to the classification plan and approve an amendment to the Compensation and Benefit Plan for Unrepresented Employees to establish the new position of Information Technology Director as a Department Head classification and approve an amendment to the City’s compensation and benefit plan and salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

Prepared by:

Lilybell Nakamura, Chief Human Resources Officer
Submitted by:

Lilybell Nakamura, Chief Human Resources Officer
ATTACHMENTS:

Description Type
Resolution - IT Director Resolution
Power Point Attachment
City Council/RSA Agenda 79 Tuesday, February 22, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN AMENDMENT TO THE
CLASSIFICATION PLAN; APPROVING AN AMENDMENT TO

THE COMPENSATION AND BENEFIT PLAN FOR
UNREPRESENTED EMPLOYEES; CREATING THE POSITION
OF INFORMATION TECHNOLOGY DIRECTOR; AND
APPROVING AN AMENDMENT TO THE CITY’S

COMPENSATION PLAN AND SALARY SCHEDULE IN

CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5.

WHEREAS, the City has undertaken an inquiry and recommends that the City Council establish the Information Technology Director position; and WHEREAS, the Compensation and Benefit Plan for Unrepresented Employees is currently in effect; and
WHEREAS, the City Council has considered the proposed establishment of the Information Technology Director position and has determined that the requirements of the City of Union City Personnel Rules are met.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the creation of the Information Technology Director position, effective February 22, 2022.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Compensation Plan, to include the following monthly salary schedule range for the Information Technology Director position, effective February 22, 2022: $15,976-19,154
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes a modification to provide for the inclusion of the Information Technology Director position as a Department Head position in Section 1, Classifications, in the Compensation and Benefit Plan for Unrepresented Employees, effective February 22, 2022; and authorizes the City Manager to take such further actions as may be necessary to modify the compensation and benefit plan including any necessary non-substantive modifications.

City Council/RSA Agenda 80 Tuesday, February 22, 2022
Information Technology Director
February 22, 2022
Item 7.b.

City Council/RSA Agenda 81 Tuesday, February 22, 2022
2 Create New IT Director Position
• IT is essential to city operations
• Finance, public safety, permitting, traffic and transportation, recreational services, emergency services, and public access and services
• Create IT Director position to oversee:
• Citywide information technology systems• Strategic planning for IT infrastructure• Security• Budgeting• Staffing • Department Head Classification
City Council/RSA Agenda 82 Tuesday, February 22, 2022
3 Compensation and Benefit Plan
• Compensation• Vacation• CALGOVEBA• Car Allowance• Administrative Leave• Medical Insurance• Life Insurance• Disability Insurance• Floating Holidays• Sick Leave• CalPERS City Council/RSA Agenda 83 Tuesday, February 22, 2022
4 Recommendation
• Adopt a Resolution amending the classification plan and the Compensation and Benefit Plan for UnrepresentedEmployees to establish the new position of Information Technology Director as a Department Head classification and approve an amendment to the City’s compensationsalary schedule.

City Council/RSA Agenda 84 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FULL READING AND INTRODUCE BY TITLE ONLY AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING SECTION 2.26.020 of CHAPTER 2.26, “ARTS & CULTURE COMMISSION,” OF THE UNION CITY MUNICIPAL CODE
Staff recommends that the City Council adopt an ordinance amending Chapter 2.26, Section 2.26.02 “Appointment–Qualifications of members–Officers and duties,” of the Union City Municipal Code to provide that the Arts & Culture Commission include two alternate positions.

STRATEGIC PLAN ALIGNMENT
This action supports Strategy 4 of Goal E, Communication and Outreach, by enhancing the opportunity for community members to serve on the Arts & Culture Commission and participate in communicating the City’s interests through training and routine engagement.

BACKGROUND
Chapter 2.26, section 2.26.020 “Appointment–Qualifications of members–Officers and duties,” of the Union City Municipal Code currently establishes the requirements for membership on the Arts & Culture Commission (the “Commission”) and the duties of the Commission. It also provides that the Commission is an advisory body consisting of five members.

DISCUSSION
The City’s Planning, Human Relations, Park and Recreation, and Senior Commissions all currently have alternate positions. The operation of these commissions is important to the City and its residents. The presence of alternate positions allows each commission to continue to fulfill its duties even in the event of an unanticipated absence.

City Council/RSA Agenda 85 Tuesday, February 22, 2022
The Commission also plays a significant role to the City and its residents. Amending Chapter 2.26, section

2.26.020 of the Municipal Code would allow the Commission to also continue to fulfill its duties where there is any unanticipated absence and bring the makeup of the Commission in line with the Planning, Human Relations, Park and Recreation and Senior Commissions.

FISCAL IMPACT
There are no direct fiscal impacts as a result of adopting the attached Ordinance.

RECOMMENDATION
Staff recommends that the City Council:

1. Waive full reading and introduce by title only an ordinance amending Chapter 2.26, Section 2.26.02 “Appointment–Qualifications of members–Officers and duties,” of the Union City Municipal Code.

2. Adopt the proposed ordinance following a second reading of the ordinance on March 8, 2022, or at another meeting selected by the City Council.

Prepared by:

Shandyn Pierce, Associate Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
OrdinanceArts & Culture Commission Alternates Ordinance City Council/RSA Agenda 86 Tuesday, February 22, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING SECTION 2.26.020 OF CHAPTER 2.26, “ARTS & CULTURE COMMISSION,” OF THE UNION CITY MUNICIPAL CODE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and WHEREAS, the City Council created the Arts & Culture Commission (the “Commission”) pursuant to Chapter 2.26 of the Union City Municipal Code (the “Code”); and WHEREAS, section 2.26.020 of the Code currently provides that the Commission shall be comprised of five members; and
WHEREAS, the City’s Planning, Human Relations, Park and Recreation, and Senior Commissions all currently have alternate positions; and WHEREAS, providing for alternates on the Commission will allow the Commission to continue to fulfill its duties in the event of unanticipated absence; and WHEREAS, the City Council desires to amend the Code to provide for two alternates to serve on the Commission.

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment SECTION 3. Municipal Code Amendment. Section 2.26.020, “Appointment—Qualifications of members—Officers and duties,”
of Chapter 2.26 “Arts & Culture Commission,” of the Union City Municipal Code is hereby amended, with additions in underline, as follows:

2.26.020 Appointment—Qualifications of members—Officers and duties.

In order to further the public policy of the City, there is created and established an Arts & Culture Commission for the City of Union City, California consisting of five members plus two alternates, who shall be appointed by the Mayor and confirmed by the City Council.

City Council/RSA Agenda 87 Tuesday, February 22, 2022
Members of the Arts & Culture Commission shall either be a resident citizen at large or an artist.

The Commission shall elect one of its members to serve as Chair of the Commission, and another member as Vice Chair; officers shall be elected in December of each calendar year and shall serve one-year terms. On annual organization or upon vacancy of a Chairperson and/or a Vice-Chairperson, the Arts & Culture Commission shall elect a Chairperson and/or a ViceChairperson to serve at the pleasure of the Arts & Culture Commission. The duties of the Chair shall be to set meeting dates, times and locations for Commission meetings, conduct Commission meetings, and represent the Commission before the City Council and the general public. The duties of the Vice Chair shall be to assume the duties of Chair in the absence of the Chair.

SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 88 Tuesday, February 22, 2022
Agenda Item
DATE: 2/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN EMPLOYMENT AGREEMENT WITH

JARED RINETTI AS POLICE CHIEF AND APPROVING AN AMENDMENT TO THE CITY’S SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
Chief Jared Rinetti (“Chief Rinetti”) took office as Chief of Police beginning December 15, 2018. Chief Rinetticurrently receives benefits pursuant to terms and conditions approved by the City Council.

The City has approved memoranda of understanding with both the Union City Police Officers’ Association and the Union City Police Management Association (the “Police Groups”) which provide for revised terms of compensation and benefits.

Staff now recommends that the City Council approve an employment agreement with Chief Rinetti to provide commensurate benefits with the Police Groups in order to ensure equity and avoid compaction.

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
On December 11, 2018, the City Council approved the appointment by the City Manager of Chief Rinetti, effective December 15, 2018.

Since that time, Chief Rinetti has served in that role pursuant to the terms and conditions previously approved by the City Council. As an unrepresented employee, the terms and conditions of Chief Rinetti’s employment have generally been consistent with the terms and benefits provided to employees subject to the Union City City Council/RSA Agenda 89 Tuesday, February 22, 2022
Police Management Memorandum of Understanding and certain terms and benefits provided to the City’s unrepresented Department Head positions.

The City has approved memoranda of understanding with both the Union City Police Officers’ Association and the Union City Police Management Association (the “Police Groups”) which provide revised terms of compensation and benefits.

DISCUSSION
The proposed Resolution authorizes the proposed employment agreement and authorizes the benefits provided in the following sections of the Union City Police Management Memorandum of Understanding effective January 1, 2022 – December 31, 2024: Section 2.00 LEAVE; Section 4.00 HOLIDAYS; Section 5.00 EDUCATIONAL INCENTIVE; Section 6.00 INSURANCE COVERAGE; Section 7.00 UNIFORMS; Section 8.00 RETIREE MEDICAL PLANS; Section 9.00 SALARIES subsection (a) Longevity Pay; Section 10.00 RETIREMENT; and Section 11.00 RETIREMENT BENEFITS. The proposed Resolution also establishes a salary step schedule consistent with California regulations.

Other compensation components include:

Base salary of $22,573 per month (step 3), effective March 7, 2022; One-time lump sum, off-salary schedule payment of approximately $2,726.25 (to reflect the difference in existing salary and proposed salary if effective January 1, 2022); One hundred and fifty (150) hours of administrative leave which may be taken as leave or otherwise utilized as provided in the Union City Police Management Association Memorandum of Understanding referenced above;
Twenty-seven (27) floating holiday hours which may not be accumulated; Annualevaluation on January 1 of each year in order to determine eligibility for step increase consistent with the Councilapproved salary schedule;
3% adjustment to base salary of publicly available salary schedule effective on the first full pay period following January 1, 2023 and on the first full pay period following January 1, 2024; City-owned vehicle to use in discharging duties and for personal use; Vacation accrual of 7.69 hours per pay period (5 weeks per year) that can be utilized as provided in the Union City Police Management Association Memorandum of Understanding referenced above;
CalGoVEBA contribution by the City of $300.00 per month; 401(a) contribution by the City of $300.00 per month.

The Chief of Police classification is an at-will position; if released without cause, Jared will have the option to return to a second in command position or equivalent untileligible for CalPERS retirement.

FISCAL IMPACT
The cost of the Chief of Police’s salary and benefits is annually included in the City’s budget. However, the costs associated with the changes in salary and benefits included in this employment agreement were not included in the adopted FY 2021-2022. The additional costs related to this employment agreement, for the remainder of this fiscal year, total $12,859, which will be covered by salary savings in the Police Department’s budget.

RECOMMENDATION
City staff and the City Attorney recommend that the City Council adopt the Resolution approving an City Council/RSA Agenda 90 Tuesday, February 22, 2022
employment agreement with Jared Rinetti as Chief of Police and approving an amendment to the City’s salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Rinetti Employment Resolution Resolution
Rinetti Employment Agreement Attachment
City Council/RSA Agenda 91 Tuesday, February 22, 2022

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF UNION CITY APPROVING AN EMPLOYMENT AGREEMENT

WITH JARED RINETTI AS POLICE CHIEF AND APPROVING AN AMENDMENT TO THE CITY’S SALARY SCHEDULE IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, on December 11, 2018, the City Council approved the City Manager’s appointment of Jared Rinetti as Police Chief pursuant to Union City Municipal Code Section

2.08.100, effective December 15, 2018; and
WHEREAS, Jared Rinetti has served as the Chief of Police effective December 15, 2018; and
WHEREAS, the Chief of Police serves at-will and at the pleasure of the City; and WHEREAS, the Chief of Police receives a salary pursuant to the established salary schedule; and
WHEREAS, Jared Rinetti is currently employed subject to terms and conditions approved by the City Council; and
WHEREAS, the City Council desires to execute an employment agreement with Jared Rinetti that establishes the terms and conditions of his employment and Chief of Police; and WHEREAS, the California Public Employees’ Retirement System (CalPERS), has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with California Code of Regulations section 570.5; and
WHEREAS, the City of Union City desires to comply with CalPERS reporting requirement by amending the previously approved of the Salary Schedule to reflect compensation provided to Jared Rinetti, effective March 7, 2022.

WHEREAS, the benefits provided to the Chief of Police are included within the City’s budget.

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

1. The City Council hereby approves the terms of the attached Employment Agreement with Jared Rinetti, effective February 22, 2022.

2. The City Council hereby approves an amendment to the Police Chief salary schedule, effective March 7, 2022, as follows:

City Council/RSA Agenda 92 Tuesday, February 22, 2022
Monthly Salary
Step 1: $20,870
Step 2: $21,704
Step 3: $22,573
Step 4: $23,476
Step 5: $24,415
City Council/RSA Agenda 93 Tuesday, February 22, 2022

EMPLOYMENT AGREEMENT
THIS AGREEMENT, entered into this February 22, 2022, by and between THE CITY OF UNION CITY (“CITY”) and JARED M. RINETTI (“RINETTI”) (collectively the “PARTIES).

RECITALS
WHEREAS, CITY desires to employ RINETTI as an at will employee as a sworn peace officer in the classification of Chief of Police of the City of Union City, California, and RINETTI desires to serve in such capacity; and
WHEREAS, RINETTI desires to be employed as the at-will Chief of Police for the CITY in accordance with applicable provisions of the Union City Municipal Code and the terms of this Agreement; and
WHEREAS, the classification of Police Chief is unrepresented; and WHEREAS, the CITY and RINETTI desire to agree in writing on the terms and conditions of RINETTI’s employment.

NOW, THEREFORE, in consideration of the mutual covenants, promises and representations hereinafter set forth, the PARTIES hereto do agree as follows:

SECTION I
DUTIES
(a) CITY hereby agrees to continue to employ RINETTI as Chief of Police of the CITY to perform the functions and duties specified by the Union City Municipal Code, job specification and other ordinances and resolutions of CITY, and to perform other legally permissible and proper duties and functions as the City Manager may from time to time assign.
(b) RINETTI commenced his duties as Chief of Police on December 15, 2018. (c) RINETTI agrees to devote his productive time, ability, and attention to the CITY’S business during the term of this Agreement. RINETTI shall not hold secondary employment, and shall be employed exclusively by the CITY. However, the CITY recognizes that RINETTI may actively participate in community affairs and shall be permitted to volunteer time, energy and expertise, and from time-to-time, serve and hold office with various charitable, non-profit, public service, service club, religious, and/or community area organizations. In addition, this Agreement shall not be construed to preclude incidental and occasional teaching, writing, or consulting performed by RINETTI.

City Council/RSA Agenda 94 Tuesday, February 22, 2022

SECTION II
TERM
The term of this Agreement shall be from the date approved by the City Council until terminated by either party in accordance with the provisions of Section III. RINETTI shall serve at the pleasure of the City Manager and City Council.

The PARTIES recognize and affirm that: 1) RINETTI is an “at will” employee whose employment may be terminated by the CITY or RINETTI pursuant to Section III, below; 2) subject to the provisions of Section III, below, there is no express or implied promise made to RINETTI for any form of continued employment; and 3) this Agreement is the sole and exclusive basis for an employment relationship between RINETTI and CITY.

SECTION III

TERMINATION OF EMPLOYMENT AND SEVERANCE
Chief of Police is an at-will employee serving at the pleasure of the City Manager and City Council. The position of Chief of Police is an FLSA-exempt position. RINETTI’s employment as Chief of Police may be terminated by one of the following means:
(a) Voluntary Resignation: RINETTI may voluntarily resign by delivering a letter of resignation to the City Manager not less than 60 days prior to the effective date of resignation.
(b) Termination or Forced Resignation: The City Manager may terminate the employment of RINETTI in accordance with the provisions of the Union City Municipal Code and State law, by giving written notice not less than 60 days prior to the effective date of termination, or by causing RINETTI’s resignation by requesting RINETTI to resign and RINETTI then volunteering to resign after such action by the City Manager. If the CITY intends to separate RINETTI from his at-will employment as Chief of Police, before such separation occurs, CITY will provide RINETTI with written notice and the reasons therefore, as well as an opportunity for an appeal meeting before an uninvolved reviewer consistent with Government Code Section 3304(c). During such meeting RINETTI will have an opportunity to respond to the reasons identified in the City’s written notice. The uninvolved reviewer will provide a recommendation to CITY after the appeal meeting, and the CITY may, in its sole discretion, consider whether to reverse its decision based on the information provided. If RINETTI is terminated from employment or caused to resign, he shall be entitled to the benefits of subparagraph (d). If RINETTI is terminated for “cause,” the CITY shall not owe any severance pursuant to subparagraph (d) under this Agreement, and he shall be separated from his City employment without the reversion rights described therein. The determination of whether there is “cause” for termination shall be within the discretion of the City Manager and shall include, but not be limited to, the following:
(i) Violation of any City rule, directive, policy or procedure; City Council/RSA Agenda 95 Tuesday, February 22, 2022
(ii) Failure to properly perform assigned duties;
(iii) Theft or misuse of CITY property;
(iv) Insubordination;
(v) Engaging in any conduct inimical to his duties as a Sworn Officer or Police Chief;
(vi) Conviction of a felony;
(vii) Conviction of a misdemeanor relating to Chief’s fitness to perform assigned duties;
(viii) Conviction of a crime involving an abuse of office or position, as defined in Government Code Section 53243.4;
(ix) Unauthorized absence from employment;
(x) Improper use of CITY funds or property;
(xi) Willful misconduct or malfeasance;
(xii) Any act of moral turpitude or dishonesty;
(xiii) Any failure of good behavior either during or outside of employment such that the Chief’s conduct causes discredit to the CITY.
(c) For purposes of this Agreement, the term “cause” only refers to RINETTI’s potential eligibility for severance, and has no bearing on his “at-will” employment status. (d) Severance: In the event RINETTI is terminated from employment by the City Manager or is caused to resign by the City Manager pursuant to subsection (b) above without cause, and contingent upon RINETTI’s execution of a comprehensive general release and waiver of all claims of any nature, known or unknown, by RINETTI against CITY, RINETTI shall have the option to return to a second in command position or equivalent until eligible for CalPERS retirement. There shall be no monetary compensation in the form of severance. In no event will RINETTI be entitled to invoke this section of the agreement absent execution of a comprehensive general release and waiver of claims. If RINETTI is separated by reason of disability, RINETTI shall not be entitled to severance.
(e) Abuse of Office: Pursuant to Government Code section 53243.2, RINETTI shall forfeit all rights to any severance, and any cash settlement related to the termination of this Agreement received by RINETTI from CITY shall be fully reimbursed to CITY if RINETTI is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243.4.

SECTION IV

COMPENSATION
(a) Effective March 7, 2022, CITY agrees to pay RINETTI for his services rendered an annual base salary of $270,872, which is step 3 of the Chief of Police publicly available salary schedule, which sum shall be payable in installments at the same time as other employees of the CITY are paid, and subject to customary withholdings.

City Council/RSA Agenda 96 Tuesday, February 22, 2022
RINETTI shall also receive an off-salary-schedule lump sum payment in the difference of his salary from January 1, 2022 to March 7, 2022 and the salary subsequent to March 7, 2022, of approximately $2,726.25, before withholdings, no later than March 25, 2022. The off-salary-schedule lump sum payment of $2,726.25 is not reportable to CalPERS, consistent with the CalPERS “Off-Salary-Schedule Pay” Circular Letter dated November 10, 2016.approximately Effective the first full pay period following January 1, 2023 the base salary in the Chief of Police publicly available salary schedule shall increase by an additional three percent (3%). Effective the first full pay period following January 1, 2024 the base salary in the Chief of Police publicly available salary schedule shall increase by an additional three percent (3%). Every January thereafter, the City Council will consider potential cost of living increases for RINETTI and associated adjustments to the publicly available salary schedule. In addition, RINETTI shall be eligible for step increases following review by the City Manager on January 1 of each year, subject to the performance evaluation process described in Section V of this Agreement, which shall be merit based. If RINETTI reaches the top step of such salary schedule, he will no longer be eligible for any step increases.
(b) RINETTI shall be entitled to receive the following benefits accorded to members of the Union City Police Management Association, pursuant to its Memorandum of Understanding: Section 2.00 LEAVE; Section 4.00 HOLIDAYS; Section 5.00 EDUCATIONAL INCENTIVE; Section 6.00 INSURANCE COVERAGE; Section

7.00 UNIFORMS; Section 8.00 RETIREE MEDICAL PLANS; Section 9.00 SALARIES subsection (a) Longevity Pay; Section 10.00 RETIREMENT; and Section 11.00 RETIREMENT BENEFITS. Any benefits earned or accrued as a City employee prior to entering into this Agreement, including education incentive, longevity pay, holiday pay, medical premium payments, etc., or those benefits which were committed based on date of hire (PERS retirement, medical retirement, etc.) shall not be affected by this Agreement.
(c) In lieu of using his personal vehicle and receiving an automobile allowance, RINETTI is provided a City-owned vehicle to use in discharging his duties as Chief of Police and for personal use. CITY shall provide for all maintenance, repairs, fuel, and insurance, and periodic replacement necessary for said City-owned vehicle. (d) Annually on July 1st, RINETTI will receive one hundred fifty (150) hours of administrative leave. Administrative leave may be used as provided in the Union City Police Management Association Memorandum of Understanding.

Twenty seven (27) hours shall be annually deposited into RINETTI’s floating holiday bank, which may not be accumulated.
(e) RINETTI shall accrue vacation at a rate of 7.69 hours per pay period (five (5) weeks per year). Vacation leave may be used as provided in the Union City Police Management Association Memorandum of Understanding.

City Council/RSA Agenda 97 Tuesday, February 22, 2022
(f) CITY shall contribute in RINETTI’s name to the deferred compensation program 401-A plan, (currently ICMA/RC), three hundred dollars ($300) per month. (g) CITY shall contribute three hundred dollars ($300) per month in RINETTI’s name to the CalVEBA retirement health account.

SECTION V

EVALUATION OF PERFORMANCE
The City Manager shall review and evaluate the performance of RINETTI at least annually or at other times as determined by the City Manager. Said review and evaluation shall be in accordance with specific criteria developed by the City Manager with consultation from RINETTI. Said criteria may be added or deleted as the City Manager may from time to time determine.

SECTION VI

PROFESSIONAL DEVELOPMENT
CITY acknowledges its interest in the continuing professional development of RINETTI and agrees to pay reasonable expenses associated with attendance at professional conferences, continuing education, professional memberships, books and dues as approved by the City Manager. CITY acknowledges RINETTI’s right to engage in other professional activities so long as they do not interfere or conflict with RINETTI’s duties as Chief of Police and are done during time in which RINETTI is on leave or during normal nonworking hours.

SECTION VII

HOLD HARMLESS AND INDEMNIFICATION
CITY shall defend, hold harmless, and indemnify RINETTI against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission of RINETTI made in the course of his performance of duties as Chief of Police. CITY shall pay the amount of any settlement or judgment rendered therefrom, to the extent specified in the California Government Code.

SECTION VIII

MISCELLANEOUS
(a) Binding Agreement: This Agreement shall be binding on the heirs, successors and assigns of the PARTIES effective upon approval of the City Council and execution by RINETTI and the City Manager.
(b) The Rights of PARTIES: Unless expressly set forth in this Agreement, nothing in this Agreement shall abrogate any rights, responsibilities, benefits, or privileges to which either party would otherwise be entitled.

City Council/RSA Agenda 98 Tuesday, February 22, 2022
(c) Amendment: This Agreement may be amended only in writing by mutual agreement of the PARTIES.
(d) State Law: The rights and obligations of the PARTIES shall be governed by the laws of the State of California.
(e) Abuse of Office: Government Code sections 53243, 53243.1, 53243.2, and 53243.3 are incorporated by this reference as if fully set forth herein. (f) Recitals: Recitals are incorporated by reference into this agreement. (g) Failure to Act: Failure to exercise any right or remedy shall not act as a waiver to exercise that right.
(h) Entire Agreement: This Agreement contains the entire agreement between the PARTIES and supersedes any prior agreement.
(i) Severability: Should any paragraph, subparagraph, sentence, clause or word included in this Agreement be found invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. (j) Attorney’s Fees: The prevailing party of any dispute over the terms and conditions of this Agreement is entitled to attorney fees.
(k) Assignment: This Agreement is not assignable by either CITY or RINETTI.

IN WITNESS WHEREOF, the PARTIES hereto have hereunto affixed their signatures as of the date and year first above written.

CITY OF UNION CITY
By:__________________________________

JOAN MALLOY
City Manager
ATTEST:
_____________________________
ANNA M. BROWN
City Clerk
APPROVED AS TO FORM:

City Council/RSA Agenda 99 Tuesday, February 22, 2022
_________________________________
KRISTOPHER J. KOKOTAYLO
City Attorney
5063240.3
City Council/RSA Agenda 100 Tuesday, February 22, 2022