Union City City Council
April 26, 2022

March 2022
Q7. Features of the Measure IILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, “No Effect” = 0, “Somewhat Less Likely” = -1, and “Much Less Likely” = -2.

Somewhat
More Likely
Somewhat
Less Likely
Much Less
Likely
-2 -1 0 1 2
O. Help prevent wildfires
M. Maintain job counseling and placement services t
o
help local youth and parents find and hold good jobs…
G. Minimize reductions in the number of on-duty
firefighters and paramedics
N. Maintain senior services and facilities
C. Maintain city parks
Q. Address homelessness
J. Maintain youth violence prevention and drug and gang intervention programs to maintain community safety
L. Provide programs to help keep kids off the streets

0.80 0.86

0.86 0.93

0.97 0.98

0.99 0.99
Much More
Likely

70.6%63.4%
Tier 2
City Council/RSA Agenda 157 Tuesday, April 26, 2022

March 2022
Q8. Informational Statements ILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, and “No Effect” = 0. 0 1 2
J. If the measure fails, the City will have to cut 911
emergency response, community and neighborhood…
O. The measure extends the current rates and is not a tax increase
F. The measure requires an independent citizens'
oversight committee, financial audits, and yearly…
R. The measure will maintain neighborhood police patrols and crime investigations
G. The measure will continue to give Union City local
control over local funds for local needs. No funds can… A. The measure will protect response times for fire and medical emergencies
P. The measure will maintain nighttime neighborhood
police patrols
B. The measure will keep the City's fire stations open
H. This measure will maintain police patrols and keep our neighborhoods safe
N. Essential purchases like groceries and prescription
medicine are exempt from sales tax, which will ensure…

1.24 1.25

1.28 1.28

1.30 1.31

1.31 1.31

1.31 1.37
No Effect Somewhat
More Likely
Much More
Likely

73.7%69.4%
Tier 1
Sample CSample D
City Council/RSA Agenda 158 Tuesday, April 26, 2022

March 2022
Q8. Informational Statements IILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, and “No Effect” = 0. 0 1 2
Q. If the measure fails, the City will be forced to make more than $6 million dollars in cuts to critical city…
E. The City has a track record of being fiscally
responsible, and would not ask voters to continue this… K. The measure will fund youth after-school and summer
programs designed to keep teens off the street and out… C. The measure will maintain programs for seniors, youth and families
I. Given the COVID-19 experience, it's more important
than ever for us to be ready for future health and safety… S. Since most of the City's general fund budget pays for police and fire costs, cuts of $6.6 million dollars a year… M. Shoppers from other communities will pay their fair
share, so residents and businesses don't shoulder the…
L. This measure will maintain park maintenance including maintaining playfields and trimming trees to give our…
D. The measure will maintain Community and Recreation
Services and Youth and Family Services programs that…

1.11 1.12

1.13 1.14

1.15 1.17

1.17 1.17

1.19 No Effect Somewhat
More Likely
Much More
Likely
Tier 2

69.2%58.1%68.7%
Tier 1 continued
Sample CSample D

63.2%
City Council/RSA Agenda 159 Tuesday, April 26, 2022

March 2022
Q9/10. Interim Support for Sales Tax MeasureLikely November 2022 Voters 0% 20% 40% 60% 80% 100%
Initial Test
Interim
Test

30.9%

40.8%

29.9%

29.6%

12.7%

11.1%

16.9%

12.5%

9.6%

5.9%
Definitely Yes Probably Yes Probably No Definitely No DK/NA

70.4%
To protect and maintain funding for Union City services, that the State cannot take, including: • 911 emergency response;• disaster preparedness;• neighborhood police patrols;• fire protection;• street and pothole repair;• senior and youth programs; • city parks; and• (Q9: other city services) (Q10: for general government use);
shall the measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate, raising $6.6 million dollars annually, until ended by voters, including annual audits, independent citizen oversight, and all funds staying local, be adopted?

60.8%
City Council/RSA Agenda 160 Tuesday, April 26, 2022

March 2022
Q11. Critical StatementsLikely November 2022 Voters
Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, and “No Effect” = 0. 0 1 2
H. If the City had done a better job working to improve the local economy, the increased business activity would…
F. In 2010, the measure was originally intended to be a four-year 'temporary' tax, but in 2014 it was extended for… E. This tax measure is a 'blank check' that lets politicians make promises now without delivering later
G. A sales tax is a regressive tax that hurts fixed income seniors, students and workers the most
A. Given the rising inflation rate and the increasing cost of basics like groceries and medications, we can't afford… B. Voters have passed millions of dollars in local property taxes and City sales taxes. Enough is enough, taxes are… D. The City imposed a new 5% utility tax in 2020, and now they want to extend the sales tax. The City needs to get… C. Union City's taxes are at a higher rate than all our neighboring cities

0.94 1.02

1.02 1.041.04

1.06 1.09

1.09 No Effect Somewhat
More Likely
Much More
Likely
Tier 1

59.4%

54.0%
City Council/RSA Agenda 161 Tuesday, April 26, 2022

March 2022
Q12/13. Informed Support for Sales Tax MeasureLikely November 2022 Voters 0% 20% 40% 60% 80% 100%
Initial Test
Final Test

30.9%

34.2%

29.9%

23.6%

12.7%

17.6%

16.9%

15.5%

9.6%

9.2%
Definitely Yes Probably Yes Probably No Definitely No DK/NA

57.8%
To protect and maintain funding for Union City services, that the State cannot take, including: • 911 emergency response;• disaster preparedness;• neighborhood police patrols;• fire protection;• street and pothole repair;• senior and youth programs; • city parks; and• (Q12: other city services) (Q13: for general government use);
shall the measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate, raising $6.6 million dollars annually, until ended by voters, including annual audits, independent citizen oversight, and all funds staying local, be adopted?

60.8%
City Council/RSA Agenda 162 Tuesday, April 26, 2022

March 2022
Q14. Support for Alternative 12 Year DurationSales Tax MeasureLikely November 2022 Voters Instead of a local sales tax to protect and maintain 911 emergency response; disaster preparedness; neighborhood police patrols; fire protection; street and pothole repair; senior and youth programs; and city parks; lasting until ended by voters, another alternative would be to end the sales tax after 12 years.

Probably
No

17.0%
DK/NA

11.0%
Definitely
No

14.4%
Definitely Yes

39.6%
Probably Yes

17.9%
Total Support

57.5%
City Council/RSA Agenda 163 Tuesday, April 26, 2022

March 2022
www.godberesearch.comCalifornia and Corporate Offices1220 Howard Avenue, Suite 250Burlingame, CA 94010Nevada Office59 Damonte Ranch Parkway, Suite B309Reno, NV 89521 City Council/RSA Agenda 164 Tuesday, April 26, 2022
PROPS
& MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES PROPS & MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES To: Union City
From: Charles Heath, TBWBH Props & Measures
Date: Updated April 19, 2022
Re: Communications and Outreach Plan for 2022 Sales Tax Renewal Measure April 2022
• TBWBH crafts informational messaging based on findings from survey, including:
o Talking points
o FAQs
o Fact sheet
o Infographic
o Social media and web content
o PPT presentation
• TBWBH writes, designs and mails first informational mailer with tear-off survey and link to online priorities survey
• Develop and deploy social media and web advertising driving traffic to online survey • Develop stakeholder outreach target lists
• April 26: Present survey results to City Council
May 2022
• Begin stakeholder outreach meetings
• TBWBH develops and sends second informational mailer summarizing public input on priorities and details of proposed sales tax renewal measure • Develop and deploy social media and web advertising driving traffic to online information about sales tax renewal proposal
June 2022
• Continue stakeholder outreach meetings
• Work with City Attorney to draft sales tax ordinance and resolution calling election • June 7: Statewide Primary Election
• TBWBH develops and sends third informational mailer on proposed sales tax measure and inviting public input
• June 28: Council reviews draft election resolution and sales tax ordinance and provides feedback
July 2022
• Finalize stakeholder outreach meetings
• Finalize election resolution and sales tax ordinance
• July 12: Council adopts election resolution calling sales tax renewal election City Council/RSA Agenda 165 Tuesday, April 26, 2022
PROPS
& MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES PROPS & MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES August 2022
• August 12 (88 Days Prior to Election Day): Deadline for City Clerk to deliver final adopted election resolution to Alameda County Registrar of Voters to finalize process for qualifying for the ballot
• TBWBH updates talking points, FAQs and other messaging documents to reflect Council action to place sales tax measure on ballot
• City Attorney prepares impartial analysis
• TBWBH prepares draft Official Argument in Favor of measure and works with team to identify five official signers of argument
• (If needed) TBWBH prepares draft Rebuttal to the Argument Against measure and works with team to identify five official signers of rebuttal • Transition to independent advocacy campaign
City Council/RSA Agenda 166 Tuesday, April 26, 2022
Agenda Item 7a.

April 26, 2022
Hear Report on a March 2022 Survey of Union City Voter
Attitudes on Extension of the One-Half Cent Sales Tax and Planned Public Information Program
City Council/RSA Agenda 167 Tuesday, April 26, 2022
Background
City Council/RSA Agenda 168 Tuesday, April 26, 2022
Timeline
• October 2021, Adopted Revised Strategic Plan
• Goal A: Fiscal Stability and Sustainability • Strategy 2, Study and prepare for placement of a revenue measure on the November 2022 election that addresses the expiration of the one-half cent sales tax; or prepare for $6 million in service cuts City Council/RSA Agenda 169 Tuesday, April 26, 2022
Timeline
• January 11: City Council resolution authorized agreement to assess the feasibility of a revenue measure or measures:
• Complete a community survey and implement an
informational outreach plan
• Prepare materials and work with City Attorney on
possible ballot measure(s)
City Council/RSA Agenda 170 Tuesday, April 26, 2022
Timeline
• January 25: City Council resolution authorized Mayor to appoint subcommittee to evaluate and provide recommendations:
• One-half cent sales tax extension• BLT increase• Both require approval by voters • February 22: Ad Hoc Subcommittee presented findings
and recommended:
• Proceed with survey - one-half cent sales tax extension• Continue analysis of BLT increase for future election• Council reviewed BLT data and concurred City Council/RSA Agenda 171 Tuesday, April 26, 2022
Survey Results
City Council/RSA Agenda 172 Tuesday, April 26, 2022

April 26, 2022
City of Union City:2022 Sales Tax SurveyApril 26, 2022
City Council/RSA Agenda 173 Tuesday, April 26, 2022

April 26, 2022
Overview and Research ObjectivesThe City of Union City commissioned Godbe Research to conduct a survey of local voters with the following research objectives:  Assess opinion on the City’s efforts to address the coronavirus crisis; Gauge the public’s perceptions of where the economy is headed, satisfaction with the provision of City services, and the City’s management of public funds;  Assess potential voter support for a sales tax measure to protect and maintain funding for City services that cannot be taken by the State;  Prioritize projects and programs to be funded with the proceeds;  Test the influence of informational and critical statements on potential voter support;
 Identify the duration at which voters will support the measure; and Identify any differences in voter support due to demographic and/or voter behavioral characteristics.

City Council/RSA Agenda 174 Tuesday, April 26, 2022

April 26, 2022
Methodology Overview
 Data Collection Landline (19), cell (136), text to online (222), and email to online (59) interviewing
 Universe 20,231 Likely November 2022 Voters Fielding Dates March 8 to March 22, 2022 Interview Length 22 minutes Sample Size n=435 Margin of Error ± 4.65% The data have been weighted to reflect the actual population characteristics of likely voters in the City of Union City in terms of their gender, age, and political party type.

City Council/RSA Agenda 175 Tuesday, April 26, 2022

April 26, 2022
Key Findings
City Council/RSA Agenda 176 Tuesday, April 26, 2022

April 26, 2022
Q1. Favorability Rating of How the City is Addressing the COVID CrisisLikely November 2022 Voters Very favorable

29.1%
Somewhat
favorable

39.1%
Somewhat
unfavorable

5.3%
Very
unfavorable

4.9%
DK/NA

21.5%
July 2021 2022
Total Favorable 64.6% 68.3%Total Unfavorable 12.7% 10.2%Ratio Fav to Unfav 5.09 6.7 City Council/RSA Agenda 177 Tuesday, April 26, 2022

April 26, 2022
Q2. Opinion on Direction of Economy in 6 to 8 MonthsLikely November 2022 Voters Better

25.0%
About the same

29.3%
Worse

36.2%
DK/NA

9.5%
City Council/RSA Agenda 178 Tuesday, April 26, 2022

April 26, 2022
Q3. Favorability Rating of City’s Provision ofServicesLikely November 2022 Voters Very favorable

23.5%
Somewhat
favorable

41.7%
Somewhat
unfavorable

17.2%
Very
unfavorable

6.4%
DK/NA

11.3%
July 2021 2022
Total Favorable 56.4% 65.1%Total Unfavorable 20.6% 23.6%Ratio Fav to Unfav 2.74 2.8 City Council/RSA Agenda 179 Tuesday, April 26, 2022

April 26, 2022
Q4. Favorability Rating of the City’s Management of Public FundsLikely November 2022 Voters Very favorable

14.5%
Somewhat
favorable
Somewhat 32.3%
unfavorable

21.1%
Very
unfavorable

9.4%
DK/NA

22.6%
July 2021 2022
Total Favorable 33.6% 46.9%Total Unfavorable 44.8% 30.5%Ratio Fav to Unfav 0.75 1.5 City Council/RSA Agenda 180 Tuesday, April 26, 2022

April 26, 2022
Q5/6. Uninformed Support for Sales Tax MeasureLikely November 2022 Voters To protect and maintain funding for Union City services, that the State cannot take, including: • 911 emergency response;• disaster preparedness;• neighborhood police patrols;• fire protection;• street and pothole repair;• senior and youth programs; • city parks; and• (Q5: other city services) (Q6: for general government use);
shall the measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate, raising $6.6 million dollars annually, until ended by voters, including annual audits, independent citizen oversight, and all funds staying local, be adopted? Probably
No

12.7%
DK/NA

9.6%
Definitely
No

16.9%
Definitely Yes

30.9%
Probably Yes

29.9%
Total Support

60.8%
City Council/RSA Agenda 181 Tuesday, April 26, 2022

April 26, 2022
Q5/6. Uninformed Support for Sales Tax MeasureBy Council District District 4
Column N % Column N % Column N % Column N % Column N %
Total Yes 60.8% 56.7% 61.0% 62.0% 63.6%Total No 29.6% 34.0% 29.1% 22.7% 31.7% Total DK/NA 9.6% 9.3% 9.9% 15.2% 4.7%
5/6. First Ballot Test - Combined
Total District 1 District 2 District 3
L. Council District
City Council/RSA Agenda 182 Tuesday, April 26, 2022

April 26, 2022
Q7. Features of the Measure ILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, “No Effect” = 0, “Somewhat Less Likely” = -1, and “Much Less Likely” = -2.

Somewhat
More Likely
Somewhat
Less Likely
Much Less
Likely
-2 -1 0 1 2
P. Maintain recreation programs including the Sports
Center, Kids Camps, and after-school recreational…
B. Maintain senior and youth programs
I. Maintain emergency and disaster preparedness
programs, including for a public health crisis
F. Maintain neighborhood police patrols
H. Maintain fire protection services
E. Maintain paramedic services
A. Maintain street and pothole repair
D. Maintain 911 emergency response
K. Keep fire stations open and fully staffed

1.01 1.02

1.05 1.10

1.12 1.15

1.16 1.20

1.20 Much More
Likely
Tier 1

71.7%74.5%
City Council/RSA Agenda 183 Tuesday, April 26, 2022

April 26, 2022
Q7. Features of the Measure IILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, “No Effect” = 0, “Somewhat Less Likely” = -1, and “Much Less Likely” = -2.

Somewhat
More Likely
Somewhat
Less Likely
Much Less
Likely
-2 -1 0 1 2
O. Help prevent wildfires
M. Maintain job counseling and placement services to
help local youth and parents find and hold good jobs…
G. Minimize reductions in the number of on-duty
firefighters and paramedics
N. Maintain senior services and facilities
C. Maintain city parks
Q. Address homelessness
J. Maintain youth violence prevention and drug and gang intervention programs to maintain community safety
L. Provide programs to help keep kids off the streets

0.80 0.86

0.86 0.93

0.97 0.98

0.99 0.99
Much More
Likely

70.6%63.4%
Tier 2
City Council/RSA Agenda 184 Tuesday, April 26, 2022

April 26, 2022
Q8. Informational Statements ILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, and “No Effect” = 0. 012
J. If the measure fails, the City will have to cut 911
emergency response, community and neighborhood…
O. The measure extends the current rates and is not a tax increase
F. The measure requires an independent citizens'
oversight committee, financial audits, and yearly…
R. The measure will maintain neighborhood police patrols and crime investigations
G. The measure will continue to give Union City local
control over local funds for local needs. No funds can… A. The measure will protect response times for fire and medical emergencies
P. The measure will maintain nighttime neighborhood
police patrols
B. The measure will keep the City's fire stations open
H. This measure will maintain police patrols and keep our neighborhoods safe
N. Essential purchases like groceries and prescription
medicine are exempt from sales tax, which will ensure…

1.24 1.25

1.28 1.28

1.30 1.31

1.31 1.31

1.31 1.37
No Effect Somewhat
More Likely
Much More
Likely

73.7%69.4%
Tier 1
Sample CSample D
City Council/RSA Agenda 185 Tuesday, April 26, 2022

April 26, 2022
Q8. Informational Statements IILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, and “No Effect” = 0. 012
Q. If the measure fails, the City will be forced to make more than $6 million dollars in cuts to critical city…
E. The City has a track record of being fiscally
responsible, and would not ask voters to continue this… K. The measure will fund youth after-school and summer
programs designed to keep teens off the street and out… C. The measure will maintain programs for seniors, youth and families
I. Given the COVID-19 experience, it's more important
than ever for us to be ready for future health and safety… S. Since most of the City's general fund budget pays for police and fire costs, cuts of $6.6 million dollars a year… M. Shoppers from other communities will pay their fair
share, so residents and businesses don't shoulder the…
L. This measure will maintain park maintenance including maintaining playfields and trimming trees to give our…
D. The measure will maintain Community and Recreation
Services and Youth and Family Services programs that…

1.11 1.12

1.13 1.14

1.15 1.17

1.17 1.17

1.19 No Effect Somewhat
More Likely
Much More
Likely
Tier 2

69.2%58.1%68.7%
Tier 1 continued
Sample CSample D

63.2%
City Council/RSA Agenda 186 Tuesday, April 26, 2022

April 26, 2022
Q9/10. Interim Support for Sales Tax MeasureLikely November 2022 Voters 0% 20% 40% 60% 80% 100%
Initial Test
Interim
Test

30.9%

40.8%

29.9%

29.6%

12.7%

11.1%

16.9%

12.5%

9.6%

5.9%
Definitely Yes Probably Yes Probably No Definitely No DK/NA

70.4%
To protect and maintain funding for Union City services, that the State cannot take, including: • 911 emergency response;• disaster preparedness;• neighborhood police patrols;• fire protection;• street and pothole repair;• senior and youth programs; • city parks; and• (Q9: other city services) (Q10: for general government use);
shall the measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate, raising $6.6 million dollars annually, until ended by voters, including annual audits, independent citizen oversight, and all funds staying local, be adopted?

60.8%
City Council/RSA Agenda 187 Tuesday, April 26, 2022

April 26, 2022
Q11. Critical StatementsLikely November 2022 Voters
Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, and “No Effect” = 0. 012
H. If the City had done a better job working to improve the local economy, the increased business activity would…
F. In 2010, the measure was originally intended to be a four-year 'temporary' tax, but in 2014 it was extended for… E. This tax measure is a 'blank check' that lets politicians make promises now without delivering later
G. A sales tax is a regressive tax that hurts fixed income seniors, students and workers the most
A. Given the rising inflation rate and the increasing cost of basics like groceries and medications, we can't afford… B. Voters have passed millions of dollars in local property taxes and City sales taxes. Enough is enough, taxes are… D. The City imposed a new 5% utility tax in 2020, and now they want to extend the sales tax. The City needs to get… C. Union City's taxes are at a higher rate than all our neighboring cities

0.94 1.02

1.02 1.04

1.04 1.06

1.09 1.09
No Effect Somewhat
More Likely
Much More
Likely
Tier 1

59.4%

54.0%
City Council/RSA Agenda 188 Tuesday, April 26, 2022

April 26, 2022
Q12/13. Informed Support for Sales Tax MeasureLikely November 2022 Voters 0% 20% 40% 60% 80% 100%
Initial Test
Final Test

30.9%

34.2%

29.9%

23.6%

12.7%

17.6%

16.9%

15.5%

9.6%

9.2%
Definitely Yes Probably Yes Probably No Definitely No DK/NA

57.8%
To protect and maintain funding for Union City services, that the State cannot take, including: • 911 emergency response;• disaster preparedness;• neighborhood police patrols;• fire protection;• street and pothole repair;• senior and youth programs; • city parks; and• (Q12: other city services) (Q13: for general government use);
shall the measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate, raising $6.6 million dollars annually, until ended by voters, including annual audits, independent citizen oversight, and all funds staying local, be adopted?

60.8%
Average 2nd + 3rd Test = 64.1%
City Council/RSA Agenda 189 Tuesday, April 26, 2022

April 26, 2022
Q14. Support for Alternative 12 Year DurationSales Tax MeasureLikely November 2022 Voters Instead of a local sales tax to protect and maintain 911 emergency response; disaster preparedness; neighborhood police patrols; fire protection; street and pothole repair; senior and youth programs; and city parks; lasting until ended by voters, another alternative would be to end the sales tax after 12 years.

Probably
No

17.0%
DK/NA

11.0%
Definitely
No

14.4%
Definitely Yes

39.6%
Probably Yes

17.9%
Total Support

57.5%
City Council/RSA Agenda 190 Tuesday, April 26, 2022
Next Steps and Key Deadlines
 Implement informational communication plan Initiate stakeholder outreach Distribute informational messaging via direct mail, social media, email, websites and other communication channels
 Develop draft election resolution and sales tax ordinance June 28 Council Meeting: Council input on draft resolution and ordinance
 July 12 Council Meeting: Council action on resolution and ordinance
 August 12, 2022: Deadline to qualify for November 2022 ballot City Council/RSA Agenda 191 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARK EVANOFF, DEPUTY CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING THE ISSUANCE OF A PROPOSITION 218 NOTICE AND SCHEDULE A PUBLIC HEARING ON THE PROPOSED

INCREASE OF SOLID WASTE, COMPOST AND RECYCLING COLLECTION SERVICE RATES FOR FISCALYEAR 2022-2023.

The City’s Franchise Agreements for solid waste and recycling collection services with Republic Services (Republic) and Tri-City Economic Development Corporation (Tri-CED), prescribe an annual increase in compensation. The compensation increase for FY 22-23 will result in rate increases effective July 1, 2022. Solid waste fees for residentialcustomers are billed through the property tax roll. Commercialcustomers are billed directly by Republic Services. California Constitution Article XIII D § 6(a), commonly referred to as Proposition (Prop) 218, requires written notification to allaffected property owners, and a 45-day period for property owners to submit written protests if they oppose the proposed rate adjustments.

Staff recommends that the City Council:Adopt a Resolution Approving the Issuance of a Proposition 218 Notice and Schedule a Public Hearing on the Proposed Increase of Solid Waste, Compost and Recycling Collection Service Rates for FiscalYear 2022-2023.

STRATEGIC PLAN ALIGNMENT
Goal D: Environmental Sustainability and Infrastructure Strategy 12, Explore additional opportunities to exceed State Waste Reduction targets.

BACKGROUND
The City’s Franchise Agreements with Republic and Tri-CED specify that solid waste, compost (organics) and recycling rates shall be adjusted annually. Residentialand commercial service rates are set to generate sufficient revenue to compensate the two collection service providers. Staff recently completed its review of Compensation Adjustment Applications for FY 22-23 submitted by Republic and Tri-CED. For FY 22-23, the adjustment to contractor’s compensation was determined using the cost-based adjustment method. The cost-based compensation adjustment is based on reconciling increases in expenses based on annual percentage changes in indices (e.g., consumer price index for wages) and the revenues collected based on the current rates.

City Council/RSA Agenda 192 Tuesday, April 26, 2022
Staff engaged the services of R3 Consulting, LLC to assist in verifying the accuracy of allaspects of the contractor’s compensation applications which resulted in applying a variety of corrections, which were disclosed to the contractor’s and agreed upon. This review resulted in decreasing the 2.55% increase included in Republic Services Compensation Application to 1.56%, and the 15.19% increase included in the Tri-CED Compensation Application to 6.11%. While a variety of factors and adjustments were applied to the contractors respective Compensation Applications, the reduction for Republic Services is primarily due to the calculation of revenue generated at the current rates, and for Tri-CED it is due to the 6.0% rate increase “cap” included in the Franchise Agreement compensation adjustment methodology. This 6.11% increase recommended for Tri-CED exceeds the

6.0% rate cap due to collection of calculated City fees, which is described below.

To reiterate, the increases in Total Contractor’s Compensation for FY 22-23 is 1.56% for Republic Services and

6.11% for Tri-CED.

DISCUSSION
The Franchise Agreements for collection of solid waste, compost, and recycling with Republic Services and TriCED prescribe an annualadjustment to contractor’s compensation based on either their actualcosts (i.e., costbased) for the preceding year, or a year-over-year changes in various indices (i.e., index-based). The cost-based process occurs every third year and was applied for FY 22-23, whereas the index-based method occurred the prior two years (FY 20-21, FY 21-22). When compensation is adjusted the rates charged to allcustomers are also adjusted to generate the required revenue.

In addition, the rates paid by residential single-family customers and commercialcustomers include City fees which contribute to the general fund (i.e., franchise fees) and specific City expenses (i.e., vehicle impact fee, stormwater mitigation compliance fee, AB 939 fee, franchise agreement administrative fee, SB 1383 fee). The AB 939 and franchise agreement administrative fees are used to pay for staff salaries and related program expenses to ensure the City’s compliance with State and County mandated waste reduction and recycling activities and the SB 1383 fee is reserved specifically for expenses associated with the unfunded mandates associated with SB 1383.

Residential Collection Service Rates
Union City homeowners pay for curbside collection of garbage (solid waste), compost and recycling by way of specialassessments applied to annual property tax statements issued by the Alameda County Tax Collector. The fees for basic service are based on weekly servicing of a 35-gallon garbage cart, a 64-gallon recycling cart and a 96- gallon organics cart. Homeowners requesting larger carts or extra services are billed directly by Republic Services for the difference in the standard service rate and the elective service they subscribe to. Commercialcustomers are also billed directly by Republic Service monthly.

The proposed annualassessment for FY 22-23 for single-family households with 3-cart service is $486.84 for garbage and compost (organics) collection, and $189.60 for recycling service. Table 1 provides the annual rates that were approved FY 21-22 and the proposed FY 22-23 rates for Single-Family customers.

City Council/RSA Agenda 193 Tuesday, April 26, 2022
The proposed monthly expense for single-family households for FY 22-23 is $56.37 per month for 3-cart weekly collection service, or an increase of $2.00 per month compared to the monthly combined rate for Fiscal Year 21-22.

Table 2 below provides the monthly rates that were approved FY 21-22 and the proposed FY 22-23 rates for SingleFamily customers.

The City Councilauthorized FY 20-21 Recycling Processing Surcharge (RPS) payments to Tri-CED through the adoption of Resolution No. 5628-20 on July 30, 2020, and Resolution No. 5687-20 adopted on November 24, 2020. The Single-Family recycling rates denoted in Tables 1 and 2 above, and the Multi-Family recycling rates denoted in Tables 3 and 4 below, all include the RPS in the recycling rate.

City Council/RSA Agenda 194 Tuesday, April 26, 2022
Because of space constraints, most townhome and condominium properties do not currently receive compost cart service. For these parcelized multi-family parcels, the proposed annualassessment for FY 22-23 is $326.40 for garbage collection and $189.60 for recycling. Table 4 below provides the annual rates that were approved FY 21- 22 and the proposed FY 22-23 rates for Parcelized Multi-Family customers.

The proposed monthly expense for parcelized multi-family parcels is $43.00 per month for 2-cart weekly collection service (i.e., garbage and recycling), or an increase of $1.80 per month compared to the monthly combined rate for FY 22-23. Table 4 provides the monthly rates that were approved FY 21-22 and the proposed FY 22-23 rates for Parcelized Multi-Family customers.

Commercial Collection Service Rates
An increase of 1.56% in commercial rates for garbage, compost and recycling collection services is proposed for FY 22-23. For a standard three cubic yard solid waste bin serviced one time per week, the increase amounts to $6.79 per month. The City encourages commercialcustomers to reduce waste by offering recycling and organics collection services with rates that are 40% less than comparable solid waste rates. For example, the proposed monthly rate for weekly collection of a 3-cubic yard solid waste bin is $441.73 per month, whereas the rate is $265.02 a month for either recycling or compost collection service. Businesses can realize additional savings by downsizing their solid waste service levels through increased recycling and composting. Table 5 below provides examples of the monthly rates that were approved FY 21-22 and the proposed FY 22-23 rates for Commercial Bin customers.

City Council/RSA Agenda 195 Tuesday, April 26, 2022
New SB 1383 Compliance Rate for Garbage, Organics and Recycling Contamination Events In addition to the adjustments to garbage, compost and recycling collection service rates discussed above, the City’s due diligence efforts to comply with SB 1383 include establishing a rate to charge customers that do not comply with the source-separation requirements mandated by SB 1383. The law requires that materials placed in garbage containers does not include compost and recycling materials, materials placed in compost containers does not include garbage and recycling, and materials placed in recycling containers does not include garbage and compost. The law requires the City to monitor the compliance of generators by conducting waste characterization studies and/or pursuing “lid-flipping” activities which require physical observation of the contents of containers and to make appropriate efforts to ensure generators comply with the source-separation requirements.

The City Counciladopted the Organics Reduction and Recycling Ordinance No. 889-21, on October 26, 2021, adding Chapter 7.24 to the Union City Municipal Code, which adopts the countywide Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance. The Ordinance includes a schedule of fines ranging from $50.00 to $500.00. The imposition of these fines are deemed a last resort by Staff with regards to encouraging compliance.

Imposing a contamination rate willaddress the non-compliant behavior timely and provide a much-needed tool to facilitate technicalassistance for customers who are habitually non-compliant and provide a path for coming into compliance. The amount of the new contamination rate is identical to the rate for an extra garbage collection event based on container size that is currently in the rate schedule. Contaminated compost and recycling containers cannot be processed as compost or as a recyclable materials and must be disposed as garbage. Therefore, the customer is charged garbage rate for disposing contaminated recycling or compost containers.

Proposition 218 and Majority Protest Process
The City’s process to adjust contractor’s compensation, City fees and associated rates is prescribed in the Franchise Agreements and also governed by California’s Proposition (Prop.) 218. Prop. 218 specifies that a property related fee must not exceed the funds required to provide the service, and revenues from the fee must not be used for any purpose other than that for which the fee is imposed.

In addition, Prop. 218 requires that certain procedures be followed with regard to “property-related” fee increases imposed by governmentalagencies. Any agency imposing or increasing any property-related fee or charge must provide City Council/RSA Agenda 196 Tuesday, April 26, 2022
written notice to the affected property owner of record. Attachment 1 is the draft Prop. 218 Notice of Public Hearing on Proposed Increase in Solid Waste, Compost and Recycling Service Rates Effective July 1, 2022. Attachments 2 Rate Schedule A – Proposed FY 22-23 Republic Services Residentialand Commercial Solid Waste, Compost and Recycling Collection Service Rates. Attachment 3 is Rate Schedule B – Proposed FY 22-23 Tri-CED Recycling Rates.

The Council is asked to adopt a resolution approving the issuance of the Prop. 218 Notice of Public Hearing.

Following adoption of the resolution, City staff will mail the notice to approximately17,000 residentialand commercial property owners in Union City. Prop. 218 requires the notice be mailed at least 45 days before the public hearing which will be scheduled for the June 14, 2022, Council meeting.

The Public Hearing Notice describes the amount of the proposed rate increases, rationale for the increase, calculation of fee, and the procedure for property owners to protest the proposed rate increases. This procedure entails submittal of written protests to the City before the close of the public hearing on June 14, 2022. In accordance with the requirements of Prop. 218, a “majority protest” exists if written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels. While oral testimony will be accepted during the public hearing, these verbal objections will not be counted toward a “majority protest” since valid protests must be submitted in writing and timely. If a majority of property owners protest, then the fee cannot be adopted or increased, and the rates will remain unchanged. If a majority protest is not received, the City Council may adopt the proposed solid waste, compost, and recycling collection rates for 2022-23. The Prop. 218 noticing process is intended to provide ratepayers advance notice and an opportunity to file a formal protest regarding the proposed solid waste property related fees.

City Councilapproval of the issuance of the Prop. 218 Notice simply allows for the rate adjustment process to proceed; it is not an approval of the proposed rates. City Councilconsideration to adopt the final rates will occur at the June 14, 2022, public hearing, pending the results the majority protest vote. The finalapproved rates cannot exceed the rates delineated in the Prop. 218 Notice issued.

FISCAL IMPACT
Funds to cover the expense of preparation, printing and mailing the Public Hearing Notice to 17,000 households and commercialcustomers are available in Solid Waste Management Fund Account #2030-00000-41407. No General Fund monies will be used.

The annualadjustment to contractor’s compensation prescribed in the Franchise Agreement results in an increase in the totalamount of City fees generated. Projected revenues from City fees in FY 22-23 are $6,741,044 through Republic Services and $727,346 from Tri-CED under the proposed rate schedules.

It is important to note that these are unaudited, preliminary revenue figures based on comparisons of proposed past revenues and are therefore subject to change and Councilapproval of the final rates to become effective July 1, 2022.

RECOMMENDATION
Staff recommends that the City Council: Adopt a Resolution Approving the Issuance of a Proposition 218 Notice and Schedule a Public Hearing on the Proposed Increase of Solid Waste, Compost and Recycling Collection Service Rates for FiscalYear 2022-2023.

Prepared by:

City Council/RSA Agenda 197 Tuesday, April 26, 2022
Cliff Feldman, Recycling and Solid Waste Manager
Submitted by:

Cliff Feldman, Recycling and Solid Waste Manager
ATTACHMENTS:

Description Type
Attachment 1: Prop 218 Notice Attachment
Attachment 2: Rate ScheduleA Attachment
Attachment 3: Rate Schedule B Attachment
Resolution Authorizing FY22-23 Solid Waste and Recycling Tates Resolution Power Point Attachment
City Council/RSA Agenda 198 Tuesday, April 26, 2022

CITY OF UNION CITY

NOTICE OF PUBLIC HEARING ON PROPOSED SOLID

WASTE, COMPOST (ORGANICS) AND RECYCLING
COLLECTION SERVICE RATES INCREASE FOR FY 2022-23
The City Council will conduct a Public Hearing to consider all public comment in support of and in opposition to the proposed solid waste, compost (organics) and recycling rates increase for Fiscal Year 2022-23 on:

June 14, 2022 at 7:00 p.m.

Council Chamber at City Hall
34009 Alvarado Niles Rd., Union City, CA
If approved, the proposed rates would become effective July 1, 2022.

Reason and Basis for the Proposed Increase in Rates
Garbage, compost and recycling collection services are provided to residents and businesses within the City of Union City (Union City) by Republic Services and Tri-City Economic Development Corporation (Tri-CED), who have the exclusive right to provide those services through franchise agreements with Union City. The amount the two service providers may charge for their services is regulated by the franchise agreements. This amount is adjusted each year to reflect inflationary increases in the cost to provide safe, environmentally sound, and reliable garbage, compost and recycling transportation and disposal or processing services to the people of Union City. These costs include, without limitation, labor, fuel, transfer and landfill fees. These costs serve as the basis of the fees paid by customers, which also include amounts to cover related City expenses including, but not limited to contract and solid waste management, public education, customer service, and collection service impacts on local streets. The rates for garbage, compost (organics) and recycling are proposed to increase based on a 1.56% adjustment in compensation for Republic Services attributed to inflation and disposal expense increases and a 6.11% adjustment in compensation for Tri-CED attributed to inflation.

Proposed Increase: Residential Rates
Union City residential property owners pay for minimum curbside collection of garbage, compost and recycling by way of assessments which appear on the annual property tax statement. The fees for basic service are based on weekly servicing of a 35-gallon garbage cart, a 64-gallon recycling cart and a 96-gallon compost cart.

Annual Assessments for Single Family Households (3-cart weekly service) Service Type 2021/22 (Current) 2022/23 (Proposed) Annual Increase Garbage/Compost/Storm Water $479.40 $486.84 $7.44
Recycling $173.04 $189.60 $16.56
The proposed Recycling assessment includes a $24.00 per year ($2.00 per month) Recycling Processing Surcharge. Combined, the assessments equate to $676.44 per year cost to single family homeowners for weekly servicing of the three (3) carts, or an increase of $24.00 per year compared to the combined annual rate for Fiscal Year 2021-22.

Parcelized Multi-Family properties (townhomes, condominiums) will pay for servicing of two (2) carts (garbage and recycling, no compost) based on the following proposed annual assessments.

Annual Assessments for Parcelized Multi-Family Households (2-cart weekly service) Service Type 2021/22 (Current) 2022/23 (Proposed) Annual Increase Garbage/Storm Water $321.36 $326.40 $5.04
Recycling $173.04 $189.60 $16.56
The proposed rate adjustments equate to a combined $516.00 per year cost to parcelized multi-family homeowners, including the Recycling Processing Surcharge, and result in an increase of $21.60 per year compared to the combined monthly rate for Fiscal Year 2021-22.

The complete list of the proposed residential garbage, compost and recycling collection rates is available for viewing at:
https://www.unioncity.org/160/Rates-for-Recycling-Garbage Proposed Increase: Commercial Rates
An increase of 1.56% is proposed for commercial customers billed monthly by Republic Services. The table below shows the most common service levels and proposed rates if the containers are serviced one time a week.

Examples of Monthly Rates for Commercial Collection
Service Type 2021/22 (Current) 2022/23 (Proposed) Monthly Increase Garbage (3yd bin) $434.94 $441.73 $6.79
Recycling (3yd bin) $260.95 $265.02 $4.07
Compost (3yd bin) $260.95 $265.02 $4.07
Compost (64-gal cart) $48.20 $48.95 $0.75
The complete list of the proposed commercial and high-density multi-family garbage, compost and recycling collection rates is available for viewing at: https://www.unioncity.org/333/Commercial-Waste-Collection-Rates City Council/RSA Agenda 199 Tuesday, April 26, 2022
Comments on and Protests to the Proposed Rate Adjustments The City Council will conduct a public hearing to consider approving the proposed rates on June 14, 2022 at 7:00 p.m. at City Hall. Any members of the public may attend the meeting to provide oral comments. Any property owner (or customer of record if different) may submit a written protest for the proposed rates. At the end of the public hearing, if written protests have been submitted on behalf of a majority of the parcels subject to the proposed rates, the City Council will not adopt the proposed rates. All protests must be in writing and include: 1) an original signature, 2) your printed name, 3) your street address or Assessor Parcel Number (APN) and 4) a statement that you protest the Proposed Rate Increase. Protests submitted by e-mail or facsimile, as well as verbal protests, will not be counted toward a “majority protest.” Written protests must be received prior to the conclusion of the public hearing to be counted. You may file a written protest in one of two ways:

1. Written Protests may be submitted by mail to:

City Clerk; City of Union City; 34009 Alvarado-Niles Road, Union City, CA 94587.

2. Written Protest may be submitted in person at the Public Hearing.

Please identify on the front of your envelope that the enclosed letter is for the “2022/23 Garbage, Compost and Recycling Rate Increase Public Hearing.” If adopted by the City Council, the proposed rate changes will become effective on July 1, 2022 and apply to all residential parcels and commercial customers located within the City of Union City.

For additional information regarding the proposed rate increase, contact Cliff Feldman at (510) 675-5466 or [email protected].

Postal endorsement line
APN:

Property Owner
Address
City, St Zip
Postal barcode

OFFICIAL PROTEST FROM:

Property owner or an authorized representative may complete this form and hand deliver or mail to:

City of Union City, Office of the City Clerk, 34009 Alvarado-Niles Road, Union City, CA 94587. All written protests must be received (not postmarked) before the close of the City Council public hearing set for Tuesday, June 14, 2022. _____ I protest the proposed increases in garbage, compost (organics) and recycling rates Name: _________________________________________________________________________________ (Print first and last name, must be legible)
Property Address or Assessor’s Parcel Number (APN) ___________________________________________ Please sign: ________________________________________________________ Date: _______________ If you have any questions, please call the City Manager’s office at (510) 675-5466.

City Council/RSA Agenda 200 Tuesday, April 26, 2022
Schedule A
Single-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Solid Waste and Organic Materials Collection Services) Size of
Solid Waste
Container Service Frequency
2022 Rates
(July 1, 2022 -
June 30, 2023)
20-gal cart 1 pick-up/wk $32.45
35-gal cart 1 pick-up/wk $40.57
64-gal cart 1 pick-up/wk $81.21
96-gal cart 1 pick-up/wk $121.77
Extra Organic Containers (Monthly Rate)
Extra Organic Materials cart* 1 pick-up/wk $24.25
*Rate shall be applicable for any cart size selected by customer.

Parcelized Multi-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Solid Waste Collection Services) Size of
Solid Waste
Container Service Frequency
2021 Rates
(July 1, 2021 -
June 30, 2022)
20-gal cart 1 pick-up/wk $21.74
35-gal cart 1 pick-up/wk $27.20
64-gal cart 1 pick-up/wk $54.39
96-gal cart 1 pick-up/wk $81.60
City of Union City
Residential Rates
(Includes Multi-Family Dwellings Receiving Cart Service) Residential Rates 22-23 1 of 11 July 1, 2022
City Council/RSA Agenda 201 Tuesday, April 26, 2022
Schedule A
City of Union City
Residential Rates
(Includes Multi-Family Dwellings Receiving Cart Service) Type of Service Additional Description
2021 Rates
(July 1, 2021 -
June 30, 2022)
Extra 32-gal bag of Organic Materials
collected on customer's regularly scheduled
collection day $27.21
Extra 32-gal bag of Solid Waste collected on
customer's regularly scheduled collection day $27.21
Extra 32-gal bag of Solid Waste collected on a
day other than the customer's regularly
scheduled collection day
$53.03
Bulky Item Pickup fee for up to two items
(applies to pickups in excess of two cleanup
collections per year)
$90.93
Bulky Item Pickup fee for each additional item Applies to pickups in excess of 2 cleanup collections per year $30.34
Additional Bulky Item Pickup fee for each
appliance containing refrigerants
Applies to pickups in excess of 2
cleanup collections per year $70.72
Type of Service Additional Description
2021 Rates
(July 1, 2021 -
June 30, 2022)
6-yard bin Maximum 3-day rental.

Homeowner may not place dirt,
rocks, concrete, construction
materials, tires, engine parts or
hazardous materials in the bin.
$337.44
Cart delivery/pick-up Extra fee paid if customer
requests a change in Cart size
more than once per year
$70.72
Cart replacement Extra fee paid if customer
requires Cart replacement (one
replacement per year at no cost) $131.36
Contamination charge (after issuance of
warning notices) for Recycling or Compost
(Organics) 20-gal cart collected as Solid
Waste 1
Extra fee paid if contents of
Recycling or Compost (Organics)
cart includes excessive
contamination and is collected as
Solid Waste
$21.74
Extra Pick-Ups/On-Call Collection Services (Rate per pick-up) for Single-Family
and Parcelized Multi-Family Customers
Miscellaneous Services (Rate per event) for Single-Family and Parcelized Multi-Family Customers
Residential Rates 22-23 2 of 11 July 1, 2022
City Council/RSA Agenda 202 Tuesday, April 26, 2022
Schedule A
City of Union City
Residential Rates
(Includes Multi-Family Dwellings Receiving Cart Service) Contamination charge (after issuance of
warning notices) for Recycling or Compost
(Organics) 35-gal cart collected as Solid
Waste 1
Extra fee paid if contents of
Recycling or Compost (Organics)
cart includes excessive
contamination and is collected as
Solid Waste
$27.20
Contamination charge (after issuance of
warning notices) for Recycling or Compost
(Organics) 64-gal cart collected as Solid
Waste 1
Extra fee paid if contents of
Recycling or Compost (Organics)
cart includes excessive
contamination and is collected as
Solid Waste
$54.39
Contamination charge (after issuance of
warning notices) for Recycling or Compost
(Organics) 96-gal cart collected as Solid
Waste 1
Extra fee paid if contents of
Recycling or Compost (Organics)
cart includes excessive
contamination and is collected as
Solid Waste
$81.60
Residential Rates 22-23 3 of 11 July 1, 2022
City Council/RSA Agenda 203 Tuesday, April 26, 2022
Schedule A
Type of Service Receptacle
Service Frequency
(Pick-Ups/Week)
2022 Rates
(July 1, 2022 -
June 30, 2023)
Regularly Scheduled Solid Waste Cart Services (Monthly Rate) Solid Waste 35-gallon cart 1 $40.77
64-gallon cart 1 $81.58
96-gallon cart 1 $122.35
35-gallon cart* 1 $27.20
*Tropics Mobile Home Park Customers Only
Regularly Scheduled Solid Waste Bin Services (Monthly Rate) Solid Waste 1 cubic yard container 1 $168.57
2 $337.16
3 $465.58
4 $593.99
5 $827.29
6 $853.21
Solid Waste 2 cubic yard container 1 $315.92
2 $573.10
3 $830.41
4 $1,087.62
5 $1,344.81
6 $1,604.43
Solid Waste 3 cubic yard container 1 $441.73
2 $822.80
3 $1,203.84
4 $1,584.82
5 $1,965.70
6 $2,346.87
Solid Waste 4 cubic yard container 1 $572.54
2 $1,074.31
3 $1,576.01
4 $2,077.86
5 $2,579.59
6 $3,081.34
Solid Waste 6 cubic yard container 1 $855.58
2 $1,608.17
3 $2,360.73
4 $3,113.37
5 $3,865.95
6 $4,618.58
Solid Waste 7 cubic yard container 1 $981.01
2 $1,859.02
3 $2,737.00
4 $3,923.95
5 $4,493.16
6 $5,371.08
Solid Waste 8 cubic yard container 1 $1,135.68
2 $2,139.14
3 $3,142.57
4 $4,263.77
5 $5,149.60
6 $6,153.07
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Commercial Rates 21-22 4 of 11 July 1, 2022
City Council/RSA Agenda 204 Tuesday, April 26, 2022
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Regularly Scheduled Recyclable Materials Bin Services (Monthly Rate) Recyclable Materials 1 cubic yard container 1 $101.13
2 $202.29
3 $279.33
4 $356.40
5 $496.36
6 $511.92
Recyclable Materials 2 cubic yard container 1 $189.57
2 $343.87
3 $498.25
4 $652.57
5 $806.88
6 $962.66
Recyclable Materials 3 cubic yard container 1 $265.02
2 $493.67
3 $722.29
4 $950.89
5 $1,179.42
6 $1,408.13
Recyclable Materials 4 cubic yard container 1 $343.53
2 $644.58
3 $945.62
4 $1,246.72
5 $1,547.75
6 $1,848.80
Recyclable Materials 6 cubic yard container 1 $513.35
2 $964.91
3 $1,416.45
4 $1,868.01
5 $2,319.57
6 $2,771.16
Recyclable Materials 7 cubic yard container 1 $588.62
2 $1,115.42
3 $1,642.20
4 $2,354.38
5 $2,695.88
6 $3,222.64
Commercial Rates 21-22 5 of 11 July 1, 2022
City Council/RSA Agenda 205 Tuesday, April 26, 2022
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Recyclable Materials Various Bin Sizes Per Dwelling Unit $7.68 Regularly Scheduled Organic Materials Services (Monthly Rate) Organics 64-gallon cart 1 $48.95
2 $97.88
3 $146.84
4 $195.79
5 $244.72
6 $293.68
Organics 1 cubic yard container 1 $101.13
2 $202.29
3 $279.33
4 $356.40
5 $496.36
6 $511.92
Organics 2 cubic yard container 1 $189.57
2 $343.87
3 $498.25
4 $652.57
5 $806.88
6 $962.66
Organics 3 cubic yard container 1 $265.02
2 $493.67
3 $722.29
4 $950.89
5 $1,179.42
6 $1,408.13
Organics 4 cubic yard container 1 $343.53
2 $644.58
3 $945.62
4 $1,246.72
5 $1,547.75
6 $1,848.80
Regularly Scheduled Green Waste Materials Services (Monthly Rate) Green Waste 64-gallon cart 1 $61.19
2 $122.38
3 $169.00
Non-Parcelized Multi-Family Dwelling:

Regularly Scheduled Recyclable Materials Services (Monthly Rate) Commercial Rates 21-22 6 of 11 July 1, 2022
City Council/RSA Agenda 206 Tuesday, April 26, 2022
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) 4 $215.61
5 $300.29
Green Waste 96-galllon cart 1 $91.75
2 $183.53
3 $253.43
4 $323.35
5 $450.34
Regularly Scheduled Solid Waste Front Load Compactor Services Compacted rate per yard Per-Occurrence,
Per-Cubic-Yard Rate* $59.30
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $59.3 x 4.33 = $1011.31 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $59.3 x 4.33 = $758.49 Regularly Scheduled Recyclable Materials Front Load Compactor Services Compacted rate per yard Per-Occurrence,
Per-Cubic-Yard Rate* $14.83
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $14.83 x 4.33 = $252.87 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $14.83 x 4.33 = $189.65 Regularly Scheduled Organic Materials Front Load Compactor Services Compacted rate per yard Per-Occurrence,
Per-Cubic-Yard Rate* $50.61
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $50.61 x 4.33 = $863.06 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $50.61 x 4.33 = $647.29 Additional Solid Waste Pick-Ups/On-Call Collection (Per Occurrence) 1 cubic yard container Per- Occurrence
Rate $29.68
2 cubic yard container Per- Occurrence
Rate $59.29
3 cubic yard container Per- Occurrence
Rate $87.97
4 cubic yard container Per- Occurrence
Rate $115.90
6 cubic yard container Per- Occurrence
Rate $173.75
7 cubic yard container Per- Occurrence
Rate $202.78
8 cubic yard container Per- Occurrence
Rate $231.74
1 cubic yard container Per- Occurrence
Rate $69.74
2 cubic yard container Per- Occurrence
Rate $99.47
3 cubic yard container Per- Occurrence
Rate $128.38
4 cubic yard container Per- Occurrence
Rate $156.38
6 cubic yard container Per- Occurrence
Rate $214.54
7 cubic yard container Per- Occurrence
Rate $243.30
8 cubic yard container Per- Occurrence
Rate $278.05
35-gal can or bag Per- Occurrence
Rate $35.31
64-gal can or bag Per- Occurrence
Rate $55.54
96-gal can or bag Per- Occurrence
Rate $70.08
Additional Solid Waste bin collected
on customer's regularly scheduled
collection day
Additional Solid Waste bin collected
on a day other than the customer's
regularly scheduled collection day
Extra can or bag of Solid Waste
collected on customer's regularly
scheduled collection day
Commercial Rates 21-22 7 of 11 July 1, 2022
City Council/RSA Agenda 207 Tuesday, April 26, 2022
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) 35-gal can or bag Per- Occurrence
Rate $61.91
64-gal can or bag Per- Occurrence
Rate $82.17
96-gal can or bag Per- Occurrence
Rate $96.62
Additional Recyclable Materials Pick-Ups/On-Call Collection (Per Occurrence) 1 cubic yard container Per- Occurrence
Rate $17.80
2 cubic yard container Per- Occurrence
Rate $35.58
3 cubic yard container Per- Occurrence
Rate $52.78
4 cubic yard container Per- Occurrence
Rate $69.56
6 cubic yard container Per- Occurrence
Rate $104.25
7 cubic yard container Per- Occurrence
Rate $121.67
1 cubic yard container Per- Occurrence
Rate $41.83
2 cubic yard container Per- Occurrence
Rate $59.70
3 cubic yard container Per- Occurrence
Rate $77.03
4 cubic yard container Per- Occurrence
Rate $93.82
6 cubic yard container Per- Occurrence
Rate $128.73
7 cubic yard container Per- Occurrence
Rate $145.97
35-gal can or bag Per- Occurrence
Rate $21.19
64-gal can or bag Per- Occurrence
Rate $33.33
96-gal can or bag Per- Occurrence
Rate $42.06
35-gal can or bag Per- Occurrence
Rate $37.14
64-gal can or bag Per- Occurrence
Rate $49.31
96-gal can or bag Per- Occurrence
Rate $57.99
Extra can or bag of Recyclable
Materials collected on a day other
than the customer's regularly
scheduled collection day
Extra can or bag of Recyclable
Materials collected on customer's
regularly scheduled collection day
Additional Recyclable Materials bin
collected on a day other than the
customer's regularly scheduled
collection day
Extra can or bag of Solid Waste
collected on a day other than the
customer's regularly scheduled
collection day
Additional Recyclable Materials bin
collected on customer's regularly
scheduled collection day
Commercial Rates 21-22 8 of 11 July 1, 2022
City Council/RSA Agenda 208 Tuesday, April 26, 2022
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Additional Organic Materials Pick-Ups/On-Call Collection (Per Occurrence) 64-gal cart Per- Occurrence
Rate $17.80
1 cubic yard container Per- Occurrence
Rate $35.58
2 cubic yard container Per- Occurrence
Rate $52.78
3 cubic yard container Per- Occurrence
Rate $69.56
4 cubic yard container Per- Occurrence
Rate $104.25
64-gal cart Per- Occurrence
Rate $41.83
1 cubic yard container Per- Occurrence
Rate $59.70
2 cubic yard container Per- Occurrence
Rate $77.03
3 cubic yard container Per- Occurrence
Rate $93.82
4 cubic yard container Per- Occurrence
Rate $128.73
Miscellaneous Charges
Hasp & lock for bin, one time charge Not Applicable Per- Occurrence Rate $273.13
Replace lock Not Applicable Per- Occurrence
Rate $52.34
Steam cleaning Not Applicable Per- Occurrence
Rate $146.56
Bin delivery/pick-up Not Applicable Extra fee paid if
customer requests a
change in Bin size
more than once per
year
$182.74
Non-Parcelized Multi-Family
Dwellings - Additional Bulky Item
Pickup fee for each major appliance
Not Applicable Per- Occurrence
Rate
$70.72
Bin push/pull charge 10- feet increments from
permanent placement of
container to service area
Based on Weekly
Service Frequency Per
10 Feet (e.g. 2yd 2 x
/wk = 2 x Rate; 3 yd
1x/wk = 1 x Rate)
$20.33
Lock/unlock charge Not Applicable Per- Occurrence
Rate $20.33
Lock/unlock charge with push/pull
charge
Not Applicable Per Weekly Service
Frequency $5.08
Overage charge (after issuance of
warning notice)
Various Bin Sizes; All
Material Types
Per- Occurrence
Rate $46.42
1 cubic yard container Per- Occurrence
Rate $29.68
2 cubic yard container Per- Occurrence
Rate $59.29
3 cubic yard container Per- Occurrence
Rate $87.97
4 cubic yard container Per- Occurrence
Rate $115.90
6 cubic yard container Per- Occurrence
Rate $173.75
7 cubic yard container Per- Occurrence
Rate $202.78
8 cubic yard container Per- Occurrence
Rate $231.74
Contamination charge (after issuance
of warning notices) for regular bin
service of Recycling or Compost
(Organics) collected as Solid Waste 1
Note: Miscellaneous charges listed on the residential rate sheet apply to commercial customers as appropriate
1 Rate charged is the same as: Additional Solid Waste bin collected on customer's regularly scheduled collection day
Additional Organic Materials collected
on customer's regularly scheduled
collection day
Additional Organic Materials collected
on a day other than the customer's
regularly scheduled collection day
Commercial Rates 21-22 9 of 11 July 1, 2022
City Council/RSA Agenda 209 Tuesday, April 26, 2022
Schedule A
Type of Service Receptacle Rate Information
2022 Rates
(July 1, 2022 -
June 30, 2023)
Regularly Scheduled Collection Service
(Per Pull/Return Rate not including initial delivery fee which is charged separately) Solid waste 6 cubic yard drop box Per Pull/Return Rate $480.56 Solid waste 14 cubic yard drop box Per Pull/Return Rate $480.56 Solid waste 20 cubic yard drop box Per Pull/Return Rate $686.58 Solid waste 30 cubic yard drop box Per Pull/Return Rate $1,016.91 Solid waste 40 cubic yard drop box Per Pull/Return Rate $1,355.85 Recyclable materials 6 cubic yard drop box Per Pull/Return Rate $288.33 Recyclable materials 14 cubic yard drop box Per Pull/Return Rate $288.33 Recyclable materials 20 cubic yard drop box Per Pull/Return Rate $411.95 Recyclable materials 30 cubic yard drop box Per Pull/Return Rate $610.14 Recyclable materials 40 cubic yard drop box Per Pull/Return Rate $813.50 Green waste materials 6 cubic yard drop box Per Pull/Return Rate $408.47 Green waste materials 14 cubic yard drop box Per Pull/Return Rate $408.47 Green waste materials 20 cubic yard drop box Per Pull/Return Rate $583.59 Green waste materials 30 cubic yard drop box Per Pull/Return Rate $864.38 Green waste materials 40 cubic yard drop box Per Pull/Return Rate $1,152.46 Organic materials 6 cubic yard drop box Per Pull/Return Rate $408.47 On-Call Collection Service
(Per Pull Rate includes delivery fee; does not including demurrage fee which is charged separately) Solid waste 6 cubic yard drop box Per Pull Rate $593.65 Solid waste 14 cubic yard drop box Per Pull Rate $593.65 Solid waste 20 cubic yard drop box Per Pull Rate $799.59 Solid waste 30 cubic yard drop box Per Pull Rate $1,129.95 Solid waste 40 cubic yard drop box Per Pull Rate $1,468.87 Recyclable materials 6 cubic yard drop box Per Pull Rate $356.18 Recyclable materials 14 cubic yard drop box Per Pull Rate $356.18 Recyclable materials 20 cubic yard drop box Per Pull Rate $479.76 Recyclable materials 30 cubic yard drop box Per Pull Rate $677.97 Recyclable materials 40 cubic yard drop box Per Pull Rate $881.33 Green waste materials 6 cubic yard drop box Per Pull Rate $504.60 Green waste materials 14 cubic yard drop box Per Pull Rate $504.60 Green waste materials 20 cubic yard drop box Per Pull Rate $679.66 Green waste materials 30 cubic yard drop box Per Pull Rate $960.46 Green waste materials 40 cubic yard drop box Per Pull Rate $1,248.54 Regularly Scheduled Compactor Service - Customer Owned Compactors (Per Pull/Return Rate not including initial delivery fee which is charged separately) Solid waste and organics 14 cubic yard drop box Per Pull/Return Rate $961.54 Solid waste and organics 15 cubic yard drop box Per Pull/Return Rate $1,030.19 Solid waste and organics 16 cubic yard drop box Per Pull/Return Rate $1,098.90 Solid waste and organics 20 cubic yard drop box Per Pull/Return Rate $1,373.61 Solid waste and organics 24 cubic yard drop box Per Pull/Return Rate $1,648.33 Solid waste and organics 25 cubic yard drop box Per Pull/Return Rate $1,717.03 Solid waste and organics 30 cubic yard drop box Per Pull/Return Rate $2,060.44 Solid waste and organics 38 cubic yard drop box Per Pull/Return Rate $2,609.89 Solid waste and organics 40 cubic yard drop box Per Pull/Return Rate $2,747.24 Recyclable materials 14 cubic yard drop box Per Pull/Return Rate $576.91 Recyclable materials 15 cubic yard drop box Per Pull/Return Rate $618.12 Recyclable materials 16 cubic yard drop box Per Pull/Return Rate $659.33 Recyclable materials 20 cubic yard drop box Per Pull/Return Rate $824.18 Recyclable materials 24 cubic yard drop box Per Pull/Return Rate $989.00 Recyclable materials 25 cubic yard drop box Per Pull/Return Rate $1,030.20 Recyclable materials 30 cubic yard drop box Per Pull/Return Rate $1,236.26 Recyclable materials 38 cubic yard drop box Per Pull/Return Rate $1,565.93 Recyclable materials 40 cubic yard drop box Per Pull/Return Rate $1,648.34 Recyclable materials 42 cubic yard drop box Per Pull/Return Rate $1,730.77 City of Union City
Drop-Box Rates
Drop-Box Rates 22-23 10 of 11 July 1, 2022
City Council/RSA Agenda 210 Tuesday, April 26, 2022
Schedule A
Type of Service Receptacle Rate Information
2022 Rates
(July 1, 2022 -
June 30, 2023)
City of Union City
Drop-Box Rates
Regularly Scheduled Compactor Service - Contractor-Owned Compactors Solid waste and organics 14 cubic yard drop box Per Pull/Return Rate $961.54 Solid waste and organics 15 cubic yard drop box Per Pull/Return Rate $1,030.19 Solid waste and organics 16 cubic yard drop box Per Pull/Return Rate $1,098.90 Solid waste and organics 20 cubic yard drop box Per Pull/Return Rate $1,373.61 Solid waste and organics 24 cubic yard drop box Per Pull/Return Rate $1,648.33 Solid waste and organics 25 cubic yard drop box Per Pull/Return Rate $1,717.03 Solid waste and organics 30 cubic yard drop box Per Pull/Return Rate $2,060.44 Solid waste and organics 38 cubic yard drop box Per Pull/Return Rate $2,609.89 Solid waste and organics 40 cubic yard drop box Per Pull/Return Rate $2,747.24 Recyclable materials 14 cubic yard drop box Per Pull/Return Rate $576.91 Recyclable materials 15 cubic yard drop box Per Pull/Return Rate $618.12 Recyclable materials 16 cubic yard drop box Per Pull/Return Rate $659.33 Recyclable materials 20 cubic yard drop box Per Pull/Return Rate $824.18 Recyclable materials 24 cubic yard drop box Per Pull/Return Rate $989.00 Recyclable materials 25 cubic yard drop box Per Pull/Return Rate $1,030.20 Recyclable materials 30 cubic yard drop box Per Pull/Return Rate $1,236.26 Recyclable materials 38 cubic yard drop box Per Pull/Return Rate $1,565.93 Recyclable materials 40 cubic yard drop box Per Pull/Return Rate $1,648.34 Recyclable materials 42 cubic yard drop box Per Pull/Return Rate $1,730.77 Demurrage Charge
All Material Types All drop box sizes Weekly Rate* $73.90 Delivery Service
All Material Types All drop box sizes Per-Occurrence Rate for delivery to collection site $109.46
Overage Charge
All Material Types 6 cubic yard drop box Per Occurrence Rate for Material Placed in Box In
Excess of Drop Box
Capacity
$73.73
All Material Types 14, 30, 20, 30, 40 cubic
yard drop box
Per-Cubic-Yard Rate
For Each Yard
in Excess of
Drop Box Capacity
$31.61
Relocation or Cancellation Charge
All Material Types All drop box sizes Per-Relocation or Cancellation Rate $155.30
Contamination Charge
All Material Types
6 cubic yard drop box
Per Pull/Return Rate $480.56
14 cubic yard drop box Per Pull/Return Rate $480.56
20 cubic yard drop box Per Pull/Return Rate $686.58
30 cubic yard drop box Per Pull/Return Rate $1,016.91
40 cubic yard drop box Per Pull/Return Rate $1,355.85
Contamination charge (after
issuance of warning notices) for
regular bin service of Recycling
or Compost (Organics)
collected as Solid Waste 1
1 Rate charged is the same as: Regularly Scheduled Collection Service (Per Pull/Return Rate not including initial delivery fee which is charged separately.

Rate does not include compactor lease and/or maintenance fees.) Drop-Box Rates 22-23 11 of 11 July 1, 2022
City Council/RSA Agenda 211 Tuesday, April 26, 2022
Schedule B
Parcelized Single-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Recycling Collection Services) Type of Service Level of Service
Rate Year 18
(July 1, 2022 -
June 30, 2023)
Per Dwelling Unit Each unit receives a cart $15.80
Multi-Family Dwelling: Regularly Scheduled Collection Services Basic Service (Monthly Rate for Recycling Collection Services) Type of Service Level of Service
Rate Year 18
(July 1, 2022 -
June 30, 2023)
Parcelized Per Unit Each unit receives a cart $15.80
Non-Parcelized Per Unit Each unit receives a cart $15.07 Non-Parcelized Per Unit Shared services $9.42
Basic Service (Monthly Rate for Recycling Collection Services) Type of Service Receptacle
Rate Year 18
(July 1, 2022 -
June 30, 2023)
Recycling 1 x per week 64 or 96 Gallon Cart $22.04
Recycling 2 x per week 64 or 96 Gallon Cart $44.51
Recycling 3 x per week 64 or 96 Gallon Cart $60.92
Recycling 4 x per week 64 or 96 Gallon Cart $77.33
Recycling 5 x per week 64 or 96 Gallon Cart $107.15
Commercial: Regularly Scheduled Recycling Cart Services (Monthly Rate) Recycling Rates
City of Union City
Service Provided by Tri-CED
(Includes Multi-Family Dwellings )
Tri-CED Recycling Rates 22-23 1 of 1 July 1, 2022 City Council/RSA Agenda 212 Tuesday, April 26, 2022 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE ISSUANCE OF A PROPOSITION 218 NOTICE AND

SCHEDULE A PUBLIC HEARING FOR PROPOSED INCREASES TO SOLID

WASTE, COMPOST AND RECYCLING COLLECTION SERVICES FOR
FISCAL YEAR 2022-2023
WHEREAS, the City entered into separate Franchise Agreements (Agreements) with RepublicServices (formerly Allied Waste Services) and Tri-City Economic Development Corporation (Tri-CED) to provide solid waste, compost (organic waste) and recycling collection and processing service; and,
WHEREAS, under the terms of the Agreements, Republic Services and Tri-CED may submit an application to adjust the compensation they receive, and rates charged for providing services; and,
WHEREAS, Republic Services and Tri-CED submitted rate adjustment applications for Fiscal Year 2022-2023; and,
WHEREAS, the City Council reviewed the proposed rates for municipal solid waste, recycling and compost collection and processing services and found them to be complete; and, WHEREAS, solid waste and recycling rate adjustments must go through the proper Proposition 218 noticing requirements and majority protest proceedings; and, WHEREAS, the protest hearing be conducted during a Public Hearing at a duly noticed City Council meeting.

NOW, THEREFORE, the City Council of the City of Union City does hereby resolve as follows:

1. That the above recitals are all true and correct.

2. That a Proposition 218 Notice of Public Hearing be issued to all property owners in Union City regarding a proposed increase in solid waste, compost (organic waste) and recycling services for Fiscal Year 2022-23.

3. That a Public Hearing be conducted to count any protest votes at the June 14, 2022 regularly scheduled City Council meeting.

PASSED AND ADOPTED, by the City Council of the City of Union City at a regular meeting held this 26th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor City Council/RSA Agenda 213 Tuesday, April 26, 2022 ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 214 Tuesday, April 26, 2022
Agenda Item 7.b.

Proposed Solid Waste, Compost
and Recycling Collection Service Rates for
FY 2022-23 and Issuance of Proposition
218 Notice
City Council/RSA Agenda 215 Tuesday, April 26, 2022
2 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Franchise Agreements with Republic Services and Tri-CED Tri-CED Recycling Republic Services
• Compensation paid to contractor’s and rates charged to customers are adjusted annually and approved by the City Council.

City Council/RSA Agenda 216 Tuesday, April 26, 2022
3 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Rate Setting Process
• Collection contractors submit applications for compensation and rate adjustments• City reviews for accuracy and recommends compensation adjustment and proposed rates
• City Council approves issuance of Prop. 218 notice for proposed FY 2022-23 rate increase and reviews proposed rates
• Public Hearing / Majority Protest Vote scheduled for June 14, 2022• New solid waste and recycling rates become effective July 1, 2022• Residential customers billed through the Property Tax Roll• Commercial customers billed directly by Republic Services City Council/RSA Agenda 217 Tuesday, April 26, 2022
4 Solid Waste, Organics and Recycling Collection Rates FY 2021-22 Republic Services Compensation
Adjustment Review
FY 2022-23
Proposed Contractor Compensation
$20,408,172
City Fees: $6,741,044
Proposed Rate Increase

1.56%
City Council/RSA Agenda 218 Tuesday, April 26, 2022
5 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Tri-CED Compensation Adjustment Review
FY 2021-22
Proposed Contractor Compensation
$3,646,449*
City Fees: $727,346
Proposed Rate Increase

6.11%
* Includes $437,035 Recycling Processing Surcharge Compensation City Council/RSA Agenda 219 Tuesday, April 26, 2022
6 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Monthly Rate Single Family Households
Current
(2021/22)
Proposed
(2022/23)
Landfill (Garbage) &Compost $39.95 $40.57Recycling* $14.42 $15.80 Total proposed monthly rate $56.37
Proposed Annual Property Tax Assessments
Solid Waste $486.84 Recycling $189.60
* Includes $2.00 per month Recycling Processing Surcharge Combined Increase
$2.00/mo or 3.68%
City Council/RSA Agenda 220 Tuesday, April 26, 2022
7 Solid Waste, Organics and Recycling Collection Rates FY 2021-22 Monthly Rate Parcelized Multi-Family Households
Current
(2021/22)
Proposed
(2022/23)
Landfill (Garbage) $26.78 $27.20Recycling* $14.42 $15.80 Total proposed monthly rate $43.00
Proposed Annual Property Tax Assessments
Solid Waste $321.36 Recycling $173.04
* Includes $2.00 per month Recycling Processing Surcharge Combined Increase
$1.80/mo or 4.37%
City Council/RSA Agenda 221 Tuesday, April 26, 2022
8 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Commercial Collection Rates
Rate Increase: 1.56%
Landfill (Garbage) Recycling Compost
$441.73 /mo. $265.02 /mo. $265.02 /mo.

Rates for 3 cubic yard bins serviced one time a week.
(Recycling and Compost offered at 40% discount to encourage diversion from landfill.) City Council/RSA Agenda 222 Tuesday, April 26, 2022
9 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 New Contamination Cart and Bin Rates
SB 1383 Regulations, StopWaste Countywide Ordinance
&
Union City Municipal Code Chapter 7.24
• Mandate generators to source separate materials set-out for collection o Single-family, Multi-family and Commercial Customer
s
• Recycling Cart/Bin – No Compost or Garbage• Compost Cart/Bin – No Recycling or Garbage• Landfill (Garbage) Cart/Bin – No Recycling or Compost• Union City Ordinance – Fines ranging from $50 - $500 (last resort)• New Contamination Rates key tool to encourage proper participation• Contamination rates are the same as extra Garbage collection rates City Council/RSA Agenda 223 Tuesday, April 26, 2022
10 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Prop. 218 Noticing
Notice of Public Hearing:• Written notice mailed to each property owner and includes: date, time and location of Public Hearing; amount of the rates; proposed reason and basis for the rate increase. • Public Hearing held at least 45 days after
mailing; proposed date: June 14, 2022
• A property-related fee or charge may not
be imposed or increased if a majority submit written protests • Revenues from a property-related fee
must not be used for purposes other than those for which the fee is imposed City Council/RSA Agenda 224 Tuesday, April 26, 2022
11 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Prop. 218 Majority Protest Vote
• One valid written protest allowed per parcel and requires: name, property address or APN, signature and protest statement
• Written protests must be submitted before close of the Public Hearing on June 14, 2022 • Oral testimony will be accepted at the Public Hearing, but only written protests count towards the majority vote
City Council/RSA Agenda 225 Tuesday, April 26, 2022
12 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Prop. 218 Majority Protest Vote
• A “majority protest” exists if written protests against the proposed rates are presented by a majority of property owners of the estimated 18,000 identified parcels • At the Public Hearing on June 14, 2022 the City Clerk will tabulate and announce the final number of protests and whether a majority protest exists • If there is no majority protest, then Council may proceed with its consideration to adopt the proposed rates
• Approving the issuance of a Prop. 218 Notice and scheduling the Public Hearing allows for the rate adjustment process to proceed; it does not result in Council’s approval of the proposed rates City Council/RSA Agenda 226 Tuesday, April 26, 2022
13 Solid Waste, Organics and Recycling Collection Rates FY 2022-23 Recommendation
Adopt a Resolution Approving the Issuance of a Proposition 218 Notice and Schedule a Public Hearing on the Proposed Increase of Maximum Allowable Rates for Solid Waste, Compost and Recycling Collection Services for Fiscal Year 2022-23 City Council/RSA Agenda 227 Tuesday, April 26, 2022
Agenda Item 7.b.

Proposed Solid Waste, Compost
and Recycling Collection Service Rates for
FY 2022-23 and Issuance of Proposition
218 Notice
City Council/RSA Agenda 228 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION TO APPROVE AN EXCEPTION TO THE 180-DAY

WAITING PERIOD FOR POST-RETIREMENT EMPLOYMENT AND

APPROVE AN EMPLOYMENT AGREEMENT WITH MARK EVANOFF AS

A RETIRED ANNUITANT PURSUANT TO GOVERNMENT GODE
SECTIONS 7522.56 AND 21224
Staff recommends that the City Council adopt a resolution and approve an employment agreement authorizing the City to hire Mark Evanoff as an extra help Retired Annuitant pursuant to Government Code Sections 7522.56 and 21224.

STRATEGIC PLAN ALIGNMENT
An employment agreement for an extra help Deputy City Manager is consistent with the Strategic Plan in order to maintain continuity of ongoing projects that are critical to economic development and community goals.

BACKGROUND
Deputy City Manager Mark Evanoff will retire on May 1, 2022, thus becoming a retired annuitant. Mr. Evanoff possesses specialized skills needed to perform certain work that the City must carry out as information is transferred to current and future employees for significant projects.

Government Code Section 7522.56(f) requires a 180-day waiting period before a retired annuitant can be employed by a CalPERS agency unless the nature of the employment meets one of the exceptions and is approved via resolution by the governing body. Mr. Evanoff possesses the specialized skills needed to perform this work and this appointment qualifies for an exception under Government Code section 21224. CalPERS extra help retired annuitants qualify for this exemption based on their role performing work of limited duration (no more than 960 hours per fiscal year) such as the elimination of backlogs, limited-term special project work, or work in excess of what regular permanent staff can do.

City Council/RSA Agenda 229 Tuesday, April 26, 2022

DISCUSSION
Authorizing the City Manager to enter into an employment agreement with Mark Evanoff will require the City Council to adopt a resolution making specific findings related to hiring a Retired Annuitant under CalPERS Regulations.

In order for the City Council to approve the proposed Employment Agreement, the City Council must first adopt a Resolution making specific findings related to hiring a retired annuitant subject to CalPERS regulations contained in Government Code Section 21224. The terms of the Employment Agreement state that the term is of limited duration, not-to-exceed 12 months, and that the hourly rate will be $113.37 per hour and are charged to the current accounts that support the Deputy City Manager position. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
The hiring of Mark Evanoff for up to 960 hours will not impact the General Fund as the position will be vacant untila new Deputy City Manager is hired.

RECOMMENDATION
Staff recommends that the City Council: 1) adopt a resolution to approve an exception to the 180-day waiting period for post-retirement employment (Government Code Sections 7522.56 & 21224) and; 2) approve an employment agreement with Mark Evanoff to serve as a Retired Annuitant.

Prepared by:

Joan Malloy, City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution - Retired Annuitant, Mark Evanoff Resolution Employment Agreement Attachment
Power Point Attachment
City Council/RSA Agenda 230 Tuesday, April 26, 2022
RESOLUTION NO. _______- 22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AN EXCEPTION TO THE 180-DAY WAITING PERIOD FOR

POST RETIRMENT EMPLOYMENT FOR MARK EVANOFF TO SERVE AS

RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODE
SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the City Council of the City of Union City ("City Council") must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Mark Evanoff will retire from the City of Union City in the position of Deputy City Manager effective May 1, 2022; and
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is May 1, 2021 plus 180 days, without this certification resolution; and WHEREAS, Government Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement incentive; and WHEREAS, the City Council of the City of Union City and Mark Evanoff certify that Mark Evanoff has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council of the City of Union City hereby appoints Mark Evanoff as an extra help retired annuitant to perform the duties of or comparable to Deputy City Manager under Government Code section 21224 , effective May 2, 2022; and
WHEREAS, the entire employment agreement, contract or appointment document between Mark Evanoff and the City of Union City has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and City Council/RSA Agenda 231 Tuesday, April 26, 2022
WHEREAS, the maximum monthly base salary for this position is $19,650 and the hourly equivalent is $113.37and the minimum base salary for this position is $16,383 and the hourly equivalent is $94.51); and
WHEREAS, the hourly rate paid to Mark Evanoff will be $$113.37; and WHEREAS, Mark Evanoff has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Union City hereby certifies the nature of the employment of Mark Evanoff as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed Extra Help Retired Annuitant position for the City of Union City by May 2, 2022 in order to continue the critically needed management and oversight of significant City projects including, among other things, development of the Gateway property, coordination for planning and construction of Quarry Lakes Parkway, recruitment and election of a cannabis retail operator, coordinating with Altamont Commuter Rail for service to Union City, and potential revenue measures. As the retired Deputy City Manager, Mark Evanoff possesses the necessary knowledge and expertise regarding these matters that other staff do not possess. 5094724.1
City Council/RSA Agenda 232 Tuesday, April 26, 2022

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND MARK EVANOFF
This Employment Agreement (this “Agreement”) is entered into this 2nd day of May 2022, by and between the City of Union City (“City”) and Mark Evanoff (“Mark Evanoff” or “Annuitant”) collectively referred to as “Parties.”

RECITALS
WHEREAS, on May 1, 2022, Annuitant retired from the City; and WHEREAS, Annuitant has previously served as a Deputy City Manager; and WHEREAS, Annuitant, by virtue of having previously served as a Deputy City Manager employed by the City and has specialized skills needed to perform certain work that the City must carry out and expertise to facilitate the transfer and documentation of knowledge to current and future employees for significant projects; and WHEREAS, the City desires to employ the Annuitant as an extra help annuitant pursuant to Government Code Section 21224; and
WHEREAS, the California Public Employees Retirement System (“CalPERS”) regulations allow a benefit recipient to work up to 960 hours per fiscal year pursuant to Government Code Section 21224; and
WHEREAS, it is necessary for the City to retain the services of Annuitant, following retirement, as an extra help retired annuitant to work on the transfer and documentation of knowledge related to certain work that the City must carry out; and WHEREAS, Annuitant desires to accept a part-time and temporary employment contract under the terms and conditions set forth below; and WHEREAS, the City desires by this Agreement to set forth the terms and conditions of Annuitant’s duties and services as an extra help retired annuitant for a limited term as set forth in this Agreement.

AGREEMENT
The Parties hereby agree as follows:

1. SCOPE OF SERVICE. Annuitant shall perform their duties to the best of his ability in accordance with the highest professional and ethical standards of the profession. Annuitant shall comply with the City’s rules and regulations and he shall obey the laws of the State of California and the United States of America as they apply to the performance of his duties.

City Council/RSA Agenda 233 Tuesday, April 26, 2022

2. TERM. The term of this Agreement shall begin on May 2, 2022 and end no later than May 2, 2023. Further, as agreed upon by Parties, Annuitant shall not work more than 40 hours per week, nor shall the City be financially responsible for paying Annuitant for work performed in excess of 40 hours per week.

3. EFFECTIVE DATE. This Agreement shall become effective after:
i. This Agreement is approved and executed by Annuitant; and ii. This Agreement is approved and executed by the City Manager.

4. RETIRED ANNUITANT STATUS. It is intended that at all times Mark Evanoff’s post-retirement employment shall be in compliance with all laws governing employment of CalPERS retired annuitants, including without limitation Government Code Sections 7522.56 & 21224. Mark Evanoff understands that he is solely responsible for monitoring his hours worked and ensuring that he does not work more than 960 hours in a fiscal year (including work performed prior to execution of this agreement and work performed for other employers participating in CalPERS).

5. SERVICES TO BE PERFORMED BY ANNUITANT. Annuitant shall perform the duties of Extra Help Retired Annuitant to perform duties of or comparable to Deputy City Manager or as directed by the City Manager and in accordance with all applicable requirements of federal, state and local laws. Duties include, among other things, development of the Gateway property, coordination for planning and construction of Quarry Lakes Parkway, recruitment and election of a cannabis retail operator, coordinating with Altamont Commuter Rail for service to Union City, and potential revenue measures.

6. COMPENSATION. City shall pay Annuitant for his services hereunder as an extra help annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of One Hundred Thirteen Dollars and Thirty-Seven Cents ($113.37) per hour. Annuitant shall receive no other payment, benefit, or remuneration other than his hourly wage for his services. There shall be no deductions from his wages for health insurance (including medical, dental, vision care, life, disability),or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

7. INDEMNIFICATION. City agrees, in the event Annuitant is named as a defendant in a civil action arising from or as a result of her performance of duties as Extra Help Retired Annuitant, to provide Annuitant such indemnification benefits as are required to be provided to an employee of the City under the laws of the State of California, including, but not limited to, the provisions of Government Code Sections 825 et seq. and 995 et seq. This provision shall not apply with respect to any intentional tort or crime committed by Annuitant, or any actions outside the performance of her job duties pursuant to this Agreement.

8. RESERVED.

City Council/RSA Agenda 234 Tuesday, April 26, 2022

9. RESERVED.

10. UNEMPLOYMENT INSURANCE. Annuitant Certifies that he has not received any unemployment insurance payments in the past 12 months.

11. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding unless in writing and signed by both Parties.

12. GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California and leave for any action concerning the terms of this Agreement shall be in the Superior Court of the County of Alameda.

13. SEVERABILITY. Should any part, term or provision of this Agreement be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and shall in no way be invalidated, impaired or affected thereby.

14. ASSIGNMENT. The Parties agree that the expertise and experience of Annuitant are material considerations for this Agreement. Annuitant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Annuitant’s obligations hereunder.

15. TERMINATION. Annuitant understands that he is an at-will employee and that employment may be terminated by Annuitant or City at any time, for any reason, or for no reason at all. The City’s right of termination shall be in addition to other remedies available under law to the City.

16. WAIVER. Waiver by City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by City of the performance of any work or services by Annuitant shall not be deemed a waiver of any term or condition of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

City of Union City
DATED: ____________________ By: _____________________________ Joan Malloy
City Council/RSA Agenda 235 Tuesday, April 26, 2022

City Manager
Approved as to Form:_____________________________
Kristopher J. Kokotaylo
City Attorney
Annuitant
DATED: ____________________ By: _____________________________ Mark Evanoff
5096104.3
City Council/RSA Agenda 236 Tuesday, April 26, 2022
April 26, 2022 – Item 7.c.

Approve Mark Evanoff as Retired Annuitant
City Council/RSA Agenda 237 Tuesday, April 26, 2022
2 • Deputy City Manager, Mark Evanoff, retiring April 30, 2022 • State law requires 180-day waiting period before retired annuitant can be employed by a CalPERS agency
• Exception must be approved via Resolution by Council
Background
City Council/RSA Agenda 238 Tuesday, April 26, 2022
3 • Authorization from City Council to enter into agreement with Mark Evanoff
• Not to exceed 12 months or 960 hours; no benefits
• No financial impact; charged to Deputy City Manager account • Recruitment underway for Deputy City Manager
Discussion
City Council/RSA Agenda 239 Tuesday, April 26, 2022
4 • Adopt a Resolution approving an exception to the 180-day waiting period for post-retirement employment
• Approve an employment agreement with Mark Evanoff to serve as a Retired Annuitant
Recommendation
City Council/RSA Agenda 240 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FULL READING AND, BY TITLE ONLY, INTRODUCE AN

ORDINANCE OF THE CITY COUNCIL OF THE CITYOF UNION CITY
REPEALING AND REPLACING CHAPTER 2.32 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL” OF THE UNION

CITY MUNICIPAL CODE IN ITS ENTIRETY
Staff and the City Attorney’s Office recommend that the City Council waive full reading and, by title only, introduce an ordinance repealing and replacing Chapter 2.32 “Purchasing System” of Title 2 “Administration and Personnel” of the Union City Municipal Code in its entirety, to establish revised policies associated with the City’s purchases of services, supplies, and equipment.

STRATEGIC PLAN ALIGNMENT
This item is related to Goal B. Governance and Organization Effectiveness, of the Strategic Plan.

BACKGROUND
Government Code Section 54202 requires the City to adopt policies and procedures, including bidding regulations, governing the purchase by the City of supplies and equipment of all departments, divisions or services of the city government.

The City’s current purchasing ordinance has been in place since 1973, for nearly 50 years. The City Council adopted Ordinance No. 96-73 which established a comprehensive Purchasing System for the City by adding Chapter 2.32 to the Union City Municipal Code (“UCMC”). UCMC Chapter 2.32 sets forth the authority and procedures governing the purchase of services, supplies and equipment.

Broadly, UCMC Chapter 2.32 established a centralized purchasing system and created the position of Purchasing Officer, appointed by the City Manager, to be the head and have general supervision of the Purchasing Department. From a practical standpoint, the City has delegated procurement activities across multiple departments in order to ensure efficiency.

The current procurement requirements pursuant to UCMC Chapter 2.32 are as follows:

City Council/RSA Agenda 241 Tuesday, April 26, 2022
Less than $1,000: No procedural requirements.
$1,000-$50,000:Awarded to lowest responsible bidder based on a minimum of three bids.

Greater than $50,000: Formal bidding required to include 10 day newspaper notice, notification to bidder’s list and public posting and awarded to lowest responsible bidder.

There are no requirements for professional services.

Finally, UCMC Chapter 2.32 requires that the City Councilauthorize the disposition of all surplus property.

DISCUSSION
Staff’s recent review of Chapter 2.32 revealed discrepancies between the requirements of the policy, and the practical purchasing needs of the City and best practices.

The City Attorney’s Office has prepared an ordinance repealing and replacing Chapter 2.32 in its entirety to conform with best practices and the practical needs of the City. The Legislation and Policy Committee met on April 18, 2022 to review the proposed ordinance and approved advancing the ordinance to the full City Council for consideration. Below is an outline of the significant provisions of the ordinance.

Procurement Requirements – General Services, Supplies and Equipment:

Less than $5,000: No procedural requirements but competitive pricing expected. $5,000 – less than $50,000: Based on a minimum of three bids, wherever possible. $50,000 or greater: Formal bidding required to include 14 day website notice, notification to bidder’s list and public posting and awarded to lowest responsible bidder.

Procurement Requirements – Professional Services and Exceptions:

Procurement for professional services are exempt from the procedural requirements identified above but certain types of professional services agreements must be awarded pursuant to administrative regulations that assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with state law.

Additionally, below is a non-comprehensive list of procurement activities that are exempt from the procedures for general services, supplies and equipment:

Where the City’s requirements can be met solely by a single patented article or process or provider. When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the a thorough review of known products and a comparison of features reveals that the product would most closely meet the City’s needs at the lowest cost. When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment. When goods or services are available through a cooperative purchasing programs or consortiums. When a purchase of goods and/or services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations.

Surplus Supplies and Equipment:

City Council/RSA Agenda 242 Tuesday, April 26, 2022
The proposed ordinance now allows City staff to sell, trade, exchange, dispose of, discard or destroy all surplus supplies and equipment. Such sales must be made in a manner that provides the maximum return to the City while donations must be approved by the City Council upon making the appropriate findings, including the requisite public purpose for such donation.

Staff must at least annually submit a report to the City Council showing the disposition of surplus supplies and equipment in excess five thousand dollars ($5,000).

FISCAL IMPACT
There is no direct fiscal impact as a result of adopting the attached Ordinance. Staff expects that implementation of the proposed amendment policy is fiscally prudent as it will result in increased efficiency, which will lead to administrative savings.

RECOMMENDATION
Staff and the City Attorney’s Office recommend that the City Council waive full reading and, by title only, introduce an ordinance repealing and replacing Chapter 2.32 “Purchasing System” of Title 2 “Administration and Personnel” of the Union City Municipal Code in its entirety, to establish revised policies associated with the City’s purchases of services, supplies, and equipment.

Prepared by:

Erica Gonzalez, Associate Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Purchasing Ordinance Ordinance
Purchasing Ordinance Exhibit A Ordinance
Power Point Attachment
City Council/RSA Agenda 243 Tuesday, April 26, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY REPEALING AND REPLACING CHAPTER 2.32 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL” OF THE CITY OF UNION CITY

MUNICIPAL CODE IN ITS ENTIRETY
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances and regulations not in conflict with general laws; and
WHEREAS, Section 54202 et. seq. of the Government Code requires the City to adopt policies and procedures, including bidding regulations, governing the purchase by the City of supplies and equipment of all departments, divisions or services of the city government; and WHEREAS, Chapter 2.32 of the City of Union City Municipal Code (“UCMC”) sets forth the authority and procedures governing the purchase by the City of supplies and equipment of all departments, divisions or services of the city government; and WHEREAS, Section 2.32.030 of the UCMC requires and empowers the Purchasing Officer to prepare and recommend to the City Council rules governing the purchase of supplies, services and equipment for the City, and prepare and recommend to the City Council revisions and amendments to the purchasing rules; and
WHEREAS, in 1973, the City Council adopted Ordinance No. 96-73, which established a comprehensive purchasing system for the City by adding Chapter 2.32 to the UCMC; and WHEREAS, the City Council, on the recommendation of the City Manager and the City Attorney, desires to repeal and replace Chapter 2.32 to update and revise the purchasing rules and procedures governing the purchase of supplies, services and equipment for the City; and WHEREAS, the amendments to the Municipal Code propose to repeal and replace Chapter

2.32 “Purchasing System” of Title 2 “Administration And Personnel” of the UCMC in its entirety, as shown in Exhibit A, which is attached hereto and incorporated herein by reference.

NOW, THEREFORE, 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 City Council/RSA Agenda 244 Tuesday, April 26, 2022
SECTION 3. Municipal Code Amendment. The City Council hereby approves the amendments to the UCMC, more particularly, repealing Chapter 2.32 “Purchasing System” of Title 2 “Administration And Personnel” of the City Of Union City Municipal Code in its entirety, and replacing it with the text shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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 245 Tuesday, April 26, 2022
Chapter 2.32

PURCHASING SYSTEM

2.32.010 Adoption.

In order to establish procedures for the purchase of supplies, services and equipment, to secure for the City supplies, services and equipment at the lowest, responsible cost commensurate with the level of quality required, to exercise financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

2.32.020 Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. “Consultant or professional services” means the services rendered by architects, attorneys, engineers, doctors, financial consultants, information and technology consultants, planning or environmental consultants, investment advisors, bank or trustee officers, and other professional or specialized consultants.

B. “Contract” means any agreement to do or not do a certain thing. For the purposes of this chapter, “contract” and “agreement” are synonymous. The term “contract” includes, but is not limited to, a purchase order; a contract for services; an addendum or change order, which means a change or addendum to an executed contract; a letter of agreement; and a memorandum of understanding.

C. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

D. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following:

1. Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control, etc.;

2. Repair, modification and maintenance of city equipment and software;

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;
City Council/RSA Agenda 246 Tuesday, April 26, 2022

4. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, and lawns;

5. Providing other miscellaneous services to facilitate city operations;

6. Performing repair, demolition or other work required to abate nuisances under this code;

7. Leasing or rental of equipment (personal property) for use by the City;

8. Maintenance of equipment owned or leased by the City. “General services” does not include consultant or professional services, or work associated with a public project.

E. “Goods of a technical nature” means hardware, software, or communications equipment, or any item that is substantially similar to the foregoing as determined by the Purchasing Agent.

F. “Public project” shall have the meaning given that term by the Uniform Public Construction Cost Account Act and referenced in Chapter 12.36.

G. “Supplies and equipment” means and includes tangible goods, supplies, equipment, vehicles, printing, materials, and furniture and furnishings purchased on behalf of the City.

2.32.030 Purchasing Agent designated.

The City Manager is designated as Purchasing Agent. The Purchasing Agent may delegate all or a portion of the contracting or purchasing duties to any city staff member. The Purchasing Agent shall have the authority to:

A. Contract for or procure consultant or professional services, general services, supplies and equipment required by the City, in accordance with this chapter and as may be established by administrative procedures by the Purchasing Agent; B. Negotiate and recommend execution of contracts for the purchase of consultant or professional services, general services, supplies and equipment; C. Act to procure for the City the necessary quality in consultant or professional services, general services, supplies and equipment at the lowest, responsible cost to the City; D. Prepare and recommend to the City Council revisions and amendments to this chapter;
E. Establish and maintain such forms and administrative procedures as are reasonably necessary to the operation of this chapter;
City Council/RSA Agenda 247 Tuesday, April 26, 2022
F. Supervise the oversight and inspection of all consultant or professional services, general services, supplies and equipment purchased to ensure conformance with specifications; G. Pursuant to Section 2.32.130, arrange the sale or disposal of all supplies and equipment which cannot be used by the City, or which have become unsuitable for city use; H. Maintain a qualified list of consultants or bidders and other records necessary for the efficient selection of consultant or professional services, general services, and supplies and equipment;
I. Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures conform to the provisions of this chapter and state law.

2.32.040 Purchasing award—Factors to be considered for responsiveness and responsibility.

The following factors shall be considered in determining the responsiveness of potential contracts and purchases and the responsibility of vendors and bidders in accordance with applicable law:

A. The amount of the contract or the purchase price;
B. The ability, capacity and skill of the bidder or vendor to perform the contract or provide the service required;
C. The ability of the bidder or vendor to perform the contract or provide the service promptly, or within the time specified, without delay or interference; D. The reputation and experience of the bidder or vendor; E. The previous experience of the City with the bidder or vendor; F. The previous and existing compliance by the bidder or vendor with applicable laws and ordinances;
G. The sufficiency of the bidder’s or vendor’s financial resources and ability to perform the contract or provide the service;
H. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
I. The ability of the bidder or vendor to provide future maintenance and service for the subject of the contract or purchase;
J. The number and scope of conditions attached to the contract or purchase; K. The purchase of supplies, whenever feasible, containing the highest amount of postconsumer and recovered materials practicable. In all cases, these products must meet reasonable performance standards, and be readily available at a competitive price. In addition, all City Council/RSA Agenda 248 Tuesday, April 26, 2022
equipment bought, leased or rented shall, wherever feasible, be compatible with the use of other recycled products purchased by the City;
L. In the event that two (2) or more potential contracts or bids are received from responsible bidders or vendors for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent.

2.32.050 Contracts and purchases of general services, supplies and equipment—Less than five thousand dollars ($5,000).

For purchases of general services or supplies and equipment of less than five thousand dollars ($5,000), informal quotations should be obtained, but are not required. Comparative pricing is expected to secure the lowest price.

2.32.060 Contracts and purchases of general services, supplies, and equipment—Greater than or equal to five thousand dollars ($5,000) and less than fifty thousand dollars ($50,000).

A. Purchases of general services, supplies and equipment greater than or equal to five thousand dollars ($5,000) and less than fifty thousand dollars ($50,000) shall, whenever possible, be based on at least three (3) quotations. The quotations shall be in writing, which writings may include electronic mail transmissions. Quotations with the required documentation shall be submitted to the relevant Department Head or designee for approval. The purchase of any general services, supplies and equipment greater than or equal to five thousand dollars ($5,000) and less than fifty thousand dollars ($50,000) shall be consistent with the factors stated in Section 2.32.040.

B. At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in Section 2.32.070 may be used for any acquisition of general services, supplies and equipment, regardless of the value.

2.32.070 Contracts and purchases of general services, supplies, and equipment— Greater than or equal to fifty thousand dollars ($50,000).

Purchases of general services and supplies and equipment with a cost greater than or equal to fifty thousand dollars ($50,000) shall comply with the competitive bidding procedure set forth in this section, except as provided in Section 2.32.080.

A. Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required.

B. Notices inviting bids shall be posted in at least one (1) public place in the City and posted on the City’s website at least fourteen (14) calendar days before the date of opening the bids.

City Council/RSA Agenda 249 Tuesday, April 26, 2022
C. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder’s list and may advertise the notice inviting bids in applicable publications readily accessible to the public.

D. When deemed necessary by the Purchasing Agent, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent. A successful bidder (and his surety, if a bond is furnished) shall be liable for any damages upon the bidder’s failure to enter into a contract with the City or upon the bidder’s failure to perform in accordance with the tenor of their bid.

E. When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the City may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or City Council.

F. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

G. At its discretion, the City may reject all bids presented and re-advertise for bids.

H. Contracts shall be awarded by the City to the lowest responsive, responsible bidder, except as otherwise provided herein.

I. If two (2) or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor.

2.32.080 Exceptions.

A. Contracts or purchases involving the selection of consultant or professional services are exempt from the provisions of this chapter; however, the procurement of such services shall be subject to the following:

1. With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the Purchasing Agent shall establish administrative procedures to assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Section 4526.

2. The Purchasing Agent may utilize a request for quotation or request for proposal to ensure the services are matched with the needs of the City.

B. Any request for an exception under this subsection shall identify the nature of the contract or purchase, amount of the contract or purchase, and the reasons why competitive bidding is not feasible and shall be subject to Purchasing Agent approval. The provisions of this chapter approval shall not apply to the following:

City Council/RSA Agenda 250 Tuesday, April 26, 2022

1. Where the City’s requirements can be met solely by a single patented article or process or provider;

2. Situations where no bids have been received following bid announcements conducted pursuant to the provisions of this chapter;

3. When an emergency requires that an order be placed without complying with this chapter;

4. When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the City’s needs at the lowest cost;

5. Public projects, pursuant to Chapter 12.36;

6. When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment;

7. When goods or services are available through a cooperative purchasing programs or consortiums, provided the City’s Purchasing Agent approves of such participation or if the underlying purchase was made using quotation or bid procedure at least as restrictive as outlined in this chapter;

8. When a purchase of goods and/or services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations. Such laws or regulations may be incorporated in administrative procedures, and periodically updated, as required.

2.32.090 Splitting orders prohibited.

The purchasing dollar limits set forth in this chapter are determined on a per order basis. It is unlawful to split or separate into smaller orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this chapter.

2.32.100 Purchase orders.

Purchases greater than or equal to five thousand dollars ($5,000) shall be documented by purchase orders prepared by the Purchasing Agent in accordance with adopted administrative procedures.

2.32.110 Availability of sufficient funds.

City Council/RSA Agenda 251 Tuesday, April 26, 2022
No purchase shall be commenced until it has been ascertained that there is, to the credit of the department of the City for whose benefit such purchase is to be made, a sufficient appropriated balance in excess of all unpaid obligations to defray the amount of such purchase.

2.32.120 Inspection and oversight
The Purchasing Agent shall require the inspection of supplies and equipment delivered to determine their conformance with specification and requirements set forth in the specifications and oversight of contractual services performed to determine their conformance to the scope of work in the agreement.

2.32.130 Surplus supplies and equipment.

The Purchasing Agent shall establish administrative procedures for city departments to report all supplies and equipment which are no longer used or which have become obsolete or worn out.

The Purchasing Agent shall have the authority to sell, trade, exchange, dispose of, discard or destroy all said supplies and equipment. Such sales may be made by auction, negotiated sale, or otherwise, after receiving bids or proposals that provide the maximum return to the City, as determined by the Purchasing Agent.

The Purchasing Agent shall have the authority to recommend to the City Council surplus supplies and equipment for donation, which donation shall be subject to City Council approval upon making the appropriate findings, including the requisite public purpose for such donation.

At such times as determined by the Purchasing Agent, but at least annually, reports shall be prepared and submitted to the City Council showing the disposition of surplus supplies and equipment in excess five thousand dollars ($5,000).

2.32.140 Public projects.

Public projects as defined by the Uniform Public Construction Cost Accounting Act (Section 22000 et seq. of the California Public Contract Code) shall follow the purchasing procedures as set forth in Section 22032 et seq. of the Public Contract Code.

City Council/RSA Agenda 252 Tuesday, April 26, 2022
April 26, 2022 – Item 7.d.

Introduce an ordinance repealing and replacing
Chapter 2.32 “Purchasing System” of the Union
City Municipal Code
City Council/RSA Agenda 253 Tuesday, April 26, 2022
Background
City Council/RSA Agenda 254 Tuesday, April 26, 2022
3 • Government Code Section 54202 et seq. requires the City to adopt policies and procedures, including bidding regulations, governing the City’s purchase of supplies and equipment for all departments, divisions or services.
• The City Council adopted the current purchasing ordinance in 1973. • A lot has changed since 1973.
• Reviewed by the Legislation and Policy Committee on April 18, 2022.

Background
City Council/RSA Agenda 255 Tuesday, April 26, 2022
4 Background
City Council/RSA Agenda 256 Tuesday, April 26, 2022
Current Purchasing System
Union City Municipal Code
Chapter 2.32
City Council/RSA Agenda 257 Tuesday, April 26, 2022
6 Current Purchasing System – Chapter 2.32
I. General Provisions
• Created a centralized purchasing department in which is vested authority for the purchase of supplies, services and equipment (2.32.020). • Created a Purchasing Officer, appointed by City Manager, authorized to:
• Purchase or contract for supplies, services and equipment; • Negotiate and recommend execution of contracts;
• Prepare and recommend to the City Council rules governing the purchase of supplies, services and equipment for the City; • Supervise inspection of all supplies, recommend transfers of surplus and unused supplies and maintain bidders list.

City Council/RSA Agenda 258 Tuesday, April 26, 2022
7 Current Purchasing System – Chapter 2.32
I. General Provisions
• Requires the purchase of all supplies, services, equipment and personal property to be procured by bidding process or open market except for:
• Emergency which requires that an order be placed with the nearest available source of supply;
• Amounts less than one thousand dollars; or
• When the commodity can be obtained from only one vendor.

City Council/RSA Agenda 259 Tuesday, April 26, 2022
8 Current Purchasing System – Chapter 2.32
II. Procedural Requirements
• Formal Contract Procedure: Purchases in an amount greater than $50,000.
✓ Newspaper notice – 10 days
✓ Bidder’s List
✓ Bulletin Board
• Open Market: Purchases in an amount less than $50,000 but greater than $1,000.
✓ At least 3 bids
City Council/RSA Agenda 260 Tuesday, April 26, 2022
9 Current Purchasing System – Chapter 2.32
III. Exceptions and Other Considerations
• Public projects.
• Professional services contracts.
• Surplus property.

City Council/RSA Agenda 261 Tuesday, April 26, 2022
Proposed Ordinance
City Council/RSA Agenda 262 Tuesday, April 26, 2022
11 • Proposed Ordinance is intended to cure discrepancies between the City’s current purchasing ordinance, and the practical purchasing needs of the City and best practices.
• Proposed Ordinance allows the City to delegate procurement activities across multiple departments to ensure efficiency and in line with current practices.
• Staff expects that implementation of the proposed amendment policy is fiscally prudent as it will result in increased efficiency, which will lead to administrative savings.

Proposed Purchasing System: Rationale
Proposed Ordinance
City Council/RSA Agenda 263 Tuesday, April 26, 2022
12 • Ordinance authorizes the Purchasing Agent, or designee, procure contracts for general services based upon 3 threshold values:
• Less than $5,000: No procedural requirements but competitive pricing expected.
• $5,000 – Less than $50,000: Based on a minimum of three bids, wherever possible.
• $50,000 or greater: Formal bidding required to include 14 day website notice, notification to bidder’s list and public posting and awarded to lowest responsible bidder.

Proposed Municipal
Code Amendment: Specifics
Proposed Ordinance
City Council/RSA Agenda 264 Tuesday, April 26, 2022
13 • Non-comprehensive list of procurement activities that are exempt from the procedures for general services, supplies and equipment:
• Professional services
• Single patented article, process or provider
• Technical contracts
• Alternative means for competitive bidding process
• Cooperative purchasing programs or consortiums
• Other State or Federal regulations
Proposed Municipal
Code Amendment: Specifics
Proposed Ordinance
City Council/RSA Agenda 265 Tuesday, April 26, 2022
14 • Surplus Property:
✓ Staff may sell, trade, exchange, dispose of, discard or destroy all surplus supplies and equipment.
✓ Must be made in a manner that provides the maximum return to the City. ✓ Donations must be approved by the City Council upon making the appropriate findings, including the requisite public purpose for such donation. • Annual report to the City Council showing the disposition of surplus supplies and equipment in excess $5,000.

Proposed Municipal
Code Amendment: Specifics
Proposed Ordinance
City Council/RSA Agenda 266 Tuesday, April 26, 2022
15 Waive full reading and, by title only, introduce an ordinance repealing and replacing Chapter 2.32 “Purchasing System” of Title 2 “Administration And Personnel” of the Union City Municipal Code in its entirety.

Recommendation
City Council/RSA Agenda 267 Tuesday, April 26, 2022