AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, May 24, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
Meeting Video Link:
https://unioncity-org.zoom.us/rec/share/PbqAyIgVplhTqK0ZuCtDWhbd0VT8PBxz5ZL_Ri0TyeSJdg2PYFuCWEkuDqMNxc.6pkCrJ6K6FEWNKC0?startTime=1653444030000 Meeting will Also be Held Via Teleconference. To access meeting, please see Teleconference Guidelines.
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Jaime Patiño
Councilmember Emily Duncan
Councilmember Pat Gacoscos
Councilmember Gary Singh
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Recognizing May as Mental Health Awareness Month
3.b. Certificate of Recognition for Navya Chawla, Union City 2021 City Council/RSA Agenda 1 Tuesday, May 24, 2022
STEM Winner given by the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA)
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approve the Minutes of the City Council Meetings Held on May 10, 2022
5.c. Adopt a Resolution Authorizing the City Manager to Declare a Certain Stage Trailer as Surplus and Authorizing Its Sale Pursuant to the Union City Municipal Code
5.d. Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to the Consulting Services Agreement, in a Form Approved by the City Attorney, Between the City of Union City and CSG Consultants to Increase the Agreement Amount by $400,000, for a Total not to Exceed Amount of $475,000, for Building Division Support
5.e. Adopt a Resolution Accepting and Appropriating FY 2021-22 Grant Funds from CalRecycle in the Total Amount of $103,597 to the City Manager’s Office Solid Waste and Recycling
Program
5.f. Adopt a Resoution Finding That There Is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote
Teleconferenced Meetings of the Legislative Bodies of the City City Council/RSA Agenda 2 Tuesday, May 24, 2022
of Union City for the 30 Day Period Beginning May 24 Pursuant to AB 361
5.g. Adopt a Resolution Approving and Adopting a Memorandum of Understanding Between the City of Union City and The
Management Employees’ Group (MEG), Authorizing the City Manager to Execute the Memorandum of Understanding, and Approving an Amendment to the City's Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5
5.h. Adopt a Resolution Approving and Adopting a Memorandum of Understanding Between the City of Union City and Service Employees International Union Local 1021 (SEIU), Authorizing the City Manager to Execute the Memorandum of
Understanding, and Approving an Amendment to the City's Salary Schedule in Conformance with California Code of
Regulations, Title 2, Section 570.5
5.i. Adopt a Resolution Approving and Adopting a Memorandum of Understanding Between the City of Union City and the
Professional Employees’ Group (PEG), Authorizing the City Manager to Execute the Memorandum of Understanding, and Approving an Amendment to the City's Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5
6. PUBLIC HEARINGS
6.a. Public Hearing and Adoption of the FY 2022-2023 Master Fee Schedule
6.b. Public Hearing to Receive Input on Military Equipment Policy and Introduce an Ordinance Adding Chapter 2.62 Entitled, “Military Equipment Use Policy” to the Municipal Code in Compliance with Assembly Bill 481
7. CITY MANAGER REPORTS - None
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
14. CLOSED SESSION - None
15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our City Council/RSA Agenda 3 Tuesday, May 24, 2022
website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.
Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.
TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL
MEETING
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.
How to watch the meeting remotely:
1. Comcast TV Channel 15 (UCTV 15)
2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:
Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to the official record.
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3.Click Raise Hand in the webinar controls to lower it, if needed. This will not mute yourself if you are unmuted.
City Council/RSA Agenda 4 Tuesday, May 24, 2022
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City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, May 24, 2022
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 6 Tuesday, May 24, 2022
CITY OF UNION CITY
PROCLAMATION
Proclaiming May 2022 as Mental Health Awareness Month
WHEREAS, mental health is fundamental to the overall health and wellbeing of all Union City residents, as it results in productive activities, fulfilling relationships with others, and the ability to adapt to change and cope with adversity; and
WHEREAS, we are all impacted by mental health, and one-in-five adults and one-in-four children experience a mental health condition each year; and
WHEREAS, the COVID-19 Pandemic the last two years has exacerbated feelings of mental distress; and
WHEREAS, severe mental illnesses are more common than cancer, diabetes and heart diseases, with mental health treatments accounting for 21% of all inpatient hospitalizations on any given day; and WHEREAS, suicide is the 10th leading cause of death in the United States and the 2nd leading cause among young adults, and 90% of people who die by suicide had shown symptoms of a mental health condition; and WHEREAS, stigma and the resulting discrimination are primary obstacles to early identification and effective treatment of individuals with emotional distress and their ability to recover and lead full, productive lives; and WHEREAS, on May 25, 2021, Alameda County Board of Supervisors (BOS) unanimously approved a “Care First, Jails Last” Policy Resolution, which affirmed that Alameda County values a comprehensive continuum of care for individuals with mental illness, substance use, and co-occurring disorders rather than incarceration; and WHEREAS, we come together with the community to help end the silence and stigma that for too long has made people feel isolated, alone and has discouraged people from seeking help; and
WHEREAS, through public education and working together to raise awareness, we can help improve the lives of individuals and families affected by mental illness, thereby creating a more resilient community; and WHEREAS, each business, school, government agency, healthcare provider, organization, and citizen shares the responsibility to promote mental wellness, recognize the signs of mental distress, increase prevention efforts, advocate for access to effective treatment for mental illness, and support individuals and families suffering from mental health challenges.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Union City, does hereby proclaim the month of May 2022 as Mental Health Awareness Month in Union City, to shine a light on mental health challenges and fight stigma, provide support, educate the public and advocate for equitable
access to care.
Dated: May 24, 2022 ___________________________________ CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATINO, Vice Mayor
____________________________________
EMILY DUNCAN Councilmember
____________________________________
PAT GACOSCOS, Councilmember
____________________________________
GARY SINGH, Councilmember City Council/RSA Agenda 7 Tuesday, May 24, 2022 Agenda Item
ATTACHMENTS:
Description Type
Certificate Resolution
City Council/RSA Agenda 8 Tuesday, May 24, 2022
C E R T I F I C A T E O F
R E C O G N I T I O N
T h e C i t y C o u n c i l o f t h e C i t y o f U n i o n C i t y d o e s h e r e b y Of f i c i a l l y Ho n o r a n d R e c o g n i z e
Navya Chawla
2 0 2 1 S y n o p s y s C h a m p i o n s h i p S T E M W i n n e r i n t h e S a n t a C l a r a C o u n t y 2 0 2 1 S y n o p s y s C h a m p i o n s h i p S c i e n c e F a i r , h e l d i n M a r c h o f 2 0 2 1
____________________________________________
Mayor Carol Dutra-Vernaci
Dated: May 24, 2022
City Council/RSA Agenda 9 Tuesday, May 24, 2022
Agenda Item
ATTACHMENTS:
Description Type
Draft Min 05/10/2022 Sp Attachment
Draft Min 05/10/2022 Attachment
City Council/RSA Agenda 10 Tuesday, May 24, 2022
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL MEETING
Tuesday, May 10, 2022
6:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:01 p.m.
Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci
Absent: None
2. ORAL COMMUNICATIONS - None
3. CLOSED SESSION
3.a. CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section
54956.9 Name of case: Cortesluna v. Union City
Case No. 3:17-CV-05133-JSC
3.b. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code Section 54957.6
Agency designated representative for Employee Organizations:
Lilybell Nakamura, Human Resources Director
Jeff Bailey, IEDA Representative
For Unrepresented Employees:
Kristopher J. Kokotaylo, City Attorney
Employee organization:
Management Employees Group (MEG)
Professional Employees Group (PEG)
City Council/RSA Agenda 11 Tuesday, May 24, 2022
Unrepresented employees:
Employees subject to the Compensation and Benefit Plan for Unrepresented Employees
Following Classifications not subject to the Compensation and Benefit Plan for Unrepresented Employees:
· Police Cadet
· Police Officer Trainee
· Police Reserve
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:39 p.m. with no reportable action.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 12 Tuesday, May 24, 2022
MINUTES
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, May 10, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.
1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the salute to the flag.
1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci
Absent: None
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Recognizing June 2022 as Elder Abuse Awareness Month and June 15, 2022, as World Elder Abuse Awareness Day
The proclamation was read aloud and accepted by:
Cheryl Poncini, Alameda County Deputy District Attorney Charmaine Brent, Program Manager for Alameda County Empowered Aging
Marietta Arroyo, Field Supervisor for Adult Protective Services
3.b. Proclamation In Recognition of the Student Voter Registration Drive Held at James Logan High School
The proclamation was read aloud and accepted by participating students.
3.c. Proclamation Recognizing May as Asian American and Pacific Islander Heritage Month
City Council/RSA Agenda 13 Tuesday, May 24, 2022
The proclamation was read aloud and accepted by John Hsieh, Founder and past president, Asian-American Federation of California.
3.d. Presentation on Southern Alameda County Integrated Rail (SoCo Rail) Study Update - Union City Rail Station and Layover Facility
The presentation was given by Dan Leavitt, Manager of Regional Initiatives for San Joaquin Regional Rail Commission (SJRRC) and Marilou Ayupan, Public Works Director, Union City.
4. ORAL COMMUNICATIONS
Public comment was given by Manaal Shafi and Dave Bhatia.
5. CONSENT CALENDAR
It was moved by Councilmember Gacoscos and seconded by Councilmember Singh to adopt consent calendar items 5.a. through 5.f. The motion was carried by a unanimous roll call vote.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approved the Minutes of the City Council Meetings Held on April 26, 2022
5.c. Adopted Resolution No. 5933-22 Authorizing the City Manager to Award a Contract to National Auto Fleet Group (Watsonville) in the Amount of $104,618 for the Purchase of Two (2) F-150 Police Responders, and Declaring Certain Vehicles as Surplus and Authorizing Their Sale at Auction
5.d. Adopted Resolution No. 5934-22 Approving Amendment No. 1 to the Contractual Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852) in the Amount of $100,000 for Inspection Services, for a Total Contract Amount of $150,000, City Project No. 22-20
5.e. Adopted Resolution No. 5935-22 Authorizing the City Manager to Submit an Application to the Metropolitan Transportation Commission (MTC) for the Allocation of Fiscal Year 2022-2023 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding
5.f. Adopted Ordinance No. 898-22 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 Union City Municipal Code in its Entirety
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Adopt Two Resolutions: 1) Approving the Annual Engineer’s Report for the Citywide Landscape and Lighting District No. 3 (LLAD No. 3); and 2) Declaring the Intent to Renew LLAD No. 3, and Set a Public Hearing Date City Council/RSA Agenda 14 Tuesday, May 24, 2022
Public Works Director Marilou Ayupan presented the report and responded to questions from Council. Councilmembers provided comment.
It was moved by Vice Mayor Patiño and seconded by Councilmember Duncan to adopt:
Resolution No. 5936-22 Approving the Annual Engineer’s Report for the Citywide Landscape and Lighting District No. 3 (LLAD No. 3); and Resolution No. 5937-22 Declaring the Intent to Renew LLAD No. 3 and Setting the Public Hearing Date for June 28, 2022.
The motion was carried by unanimous roll call vote.
7.b. Provide Direction Regarding Further Staff and Consultant Informational Efforts Regarding the Proposed Ballot Measure for Voter Consideration of Extension of the Existing Sales Tax and Further Direction Related to Proposed Ballot Measure for Voter Consideration of the Extension of Existing Sales Tax Extension.
Council expressed unanimous consensus to place a measure on the ballot for the General Municipal Election of November 8, 2022 for voter consideration of extension of the existing one-half cent sales tax. However, the length of the extension was lowered nine (9) years.
Public comment was given by Lee Guio and Kevin Finnerty.
Council provided staff direction to move forward with drafting legislation and a implementing the community education plan.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño reported on his attendance of the League of California Cities’ Governance, Transparency, and Labor Relations Policy Committee.
Councilmember Gacoscos stated she will attend a meeting of the Alameda County Housing Authority on May 11.
Councilmember Singh reported on his attendance of the latest Chamber of Commerce meeting.
Mayor Dutra-Vernaci reported on her attendance of meetings of the Alameda County Transportation Commission, the Metropolitan Transportation Commission, and the Alameda County Mayors Conference.
City Council/RSA Agenda 15 Tuesday, May 24, 2022
13. GOOD OF THE ORDER
Vice Mayor Patiño thanked the Public Works Department for addressing the dumping in the Decoto area.
Councilmember Gacoscos reported on her attendance of the AAPI Officials summit on May 1.
Councilmember Singh stated that he will attend an Economic Development Advisory Team (EDAT) meeting soon. ECD Director Campbell stated that an EDAT meeting was expected to be scheduled within the next month or so.
14. CLOSED SESSION - None
15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:16 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 16 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
DECLARE A CERTAIN STAGE TRAILER AS SURPLUS AND
AUTHORIZING ITS SALE PURSUANT TO THE UNION CITY MUNICIPAL CODE
Staff recommends that the City Council adopt a resolution authorizing the City Manager to remove a certain stage trailer from service, declare it surplus and dispose of it pursuant to the provisions of the Union City Municipal Code.
STRATEGIC PLAN ALIGNMENT
The action is not an identified strategy in the Strategic Plan.
BACKGROUND
Staff has determined that the stage trailer listed below is no longer practicaland safe for municipal use.
UNIT DEPT YEAR AGE MAKE MODEL VIN
390 PW 1967 55 WEGER STAGE TRAILER 1313
Given the age and current condition of the stage trailer listed for surplus with no planned replacement, its continued utilization in the City’s fleet is not recommended. Older trailers typically have higher maintenance costs and reliability issues, including challenges in finding replacement parts and the potential for significant repairs.
City Council/RSA Agenda 17 Tuesday, May 24, 2022
DISCUSSION
The 1967 stage trailer was brought to the City of Union City from the City of Hayward several years ago by a former City Director of Community Recreation Services. It was used infrequently for City events such as festivals, but its condition has deteriorated to the point where it is no longer safe to use. A recent inspection of the trailer found dry rot and soft floors throughout and its overall condition is such that it would not be cost effective to invest in any further repairs.
There is an interested party that would like to purchase the stage trailer, which would benefit the City by allowing it to recover some of the costs associated with having maintained and stored it over the last few years.
A resolution declaring the stage trailer as surplus would enable the City to enter into a sales transaction pursuant to the provisions of the Union City Municipal Code.
There are currently no plans to replace this stage trailer.
FISCAL IMPACT
Pursuant to the provisions of Union City’s Municipal Code Section 2.32.250, surplus equipment may be prepared for sale following City Council authorization. Proceeds from the sale will be credited to the Garage Equipment Replacement Fund (Fund 6122) to be available for future vehicle and/or equipment replacements.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution that declares one City stage trailer as surplus, to be disposed of pursuant to the Union City Municipal Code, and the proceeds to be deposited into the Garage Equipment Replacement Fund (Fund 6122).
Prepared by:
Bob Calderon, Public Works Fleet Supervisor
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution Resolution
City Council/RSA Agenda 18 Tuesday, May 24, 2022
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO DECLARE A CERTAIN STAGE
TRAILER AS SURPLUS AND AUTHORIZING ITS SALE PURSUANT TO THE
UNION CITY MUNICIPAL CODE
WHEREAS, one (1) stage trailer has been presented to the City Council to be declared surplus as identified below, with the surplus stage trailer to be sold in accordance with provisions of the City’s Municipal Code Section 2.32.250; and
UNIT DEPT YEAR AGE MAKE MODEL VIN
390 PW 1967 55 WEGER
STAGE
TRAILER 1313
WHEREAS, proceeds from the sale of the surplus stage trailer will be credited to the Garage Equipment Replacement Fund (Fund 6122).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby declares the City stage trailer as surplus, and the stage trailer shall be sold pursuant to the Union City Municipal Code, and that the proceeds from their sale will be credited to the Garage Equipment Replacement Fund (Fund 6122).
City Council/RSA Agenda 19 Tuesday, May 24, 2022
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
5103144.1
City Council/RSA Agenda 20 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT, IN A FORM APPROVED BY THE CITYATTORNEY,
BETWEEN THE CITYOF UNION CITYAND CSG CONSULTANTS TO
INCREASE THE AGREEMENT AMOUNT BY$400,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $475,000, FOR BUILDING DIVISION SUPPORT Staff recommends that the City Counciladopt a resolution authorizing the City Manager to amend an existing consulting services agreement with CSG Consultants (“Consultant”) for Building Division support. There is no anticipated impact to the General Fund. Funding for these services is anticipated to be covered by plancheck fees paid for by applicants and salary savings of the currently vacant Chief Building Official/Senior Plans Examiner.
STRATEGIC PLAN ALIGNMENT
Although this agenda item does not have alignment with a specific Strategic Plan goal, approval of the agenda item willensure the Building Division willcontinue to provide essential services to the community.
BACKGROUND
The Consultant currently provides support in the form of plan-check services and contract staffing. The City entered into the first agreement with the Consultant in 2021 after needing in-house plan-checking services that the City’s existing consultant could no longer provide. The Chief Building Official/Senior Plans Examiner (“Building Official”) position has been intermittently vacant since early 2020 and is currently vacant. The City is currently recruiting for this position. The Consultant provides plan-check services, which is a task that would be performed primarily by the Building Official. Additionally, from time-to-time, the Building Official would send plans to a third-party consultant if the project was very complex, required a review by a technical specialist, or to address a temporary uptick in permit activity. This amendment would also cover these types of assignments should there be a need after the City has successfully recruited for the Building Official position.
City Council/RSA Agenda 21 Tuesday, May 24, 2022
An essentialcomponent to economic development is the City’s ability to provide efficient, effective, and timely development review and inspection services. Consultant agreements allow the Building Division access to external professional resources needed to conduct complex plan review and inspection services, assists with adhering to the service timelines, and can provide coverage to assist with Building Division vacancies.
DISCUSSION
Staff is requesting to increase the amount of an existing agreement by $400,000, which would bring the not to exceed amount of the agreement to $475,000. City policy requires that all agreements which exceed $75,000, including amendments that bring an agreement amount over $75,000, be approved by the City Council.
The City has been using CSG Consultants to provide plan-check support to the Building Division. The scope had previously consisted of a plans examiner working two days in our office and one remotely for a total of three days per week. Due to a lack of available staffing on the Consultant side, staff has been informed that the Consultant can no longer provide this function. We have inquired with other consultants, but due to the high demand no one has the capability to provide this service. Instead, future plan checks will be sent to the Consultant’s office where plan checking will be paid at a rate of 65% of the plan-check fees collected from the applicant. The percentage is an industry standard and similar to arrangements we have had with other consultants. Additionally, the Consultant may provide inspection services on an as needed basis.
The proposed amendment will allow contract staff to continue working with the Building Division without a disruption in service to the residents, property owners, and business community.
FISCAL IMPACT
There is no impact to the General Fund. It is anticipated that funding for Building Division support will be covered by the collection of plancheck fees from applicants and the salary savings of the currently vacant Building Official position.
RECOMMENDATION
Staff recommends that the City Counciladopt the attached Resolution authorizing the City Manager to execute the first amendment to Consulting Services Agreement (No. C-5793), in a form approved by the City Attorney, with CSG Consultants to increase the contract amount by $400,000 for a total not to exceed amount of $475,000.
Prepared by:
Valerie Avendano, Building/Code Compliance Coordinator
Submitted by:
Carmela Campbell, Economic and Community Development Director ATTACHMENTS:
Description Type
Attachment 1 - CSGResolution - First Amendment Resolution City Council/RSA Agenda 22 Tuesday, May 24, 2022
RESOLUTION NO. XXXX-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO
THE CONSULTING SERVICES AGREEMENT, IN A FORM APPROVED BY THE
CITY ATTORNEY, WITH CSG CONSULTANTS TO INCREASE THE AGREEMENT AMOUNT BY $400,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $475,000 FOR
BUILDING DIVISION SUPPORT
WHEREAS, the City of Union City utilizes consultants for Building Division Support of the Economic and Community Development Department; and WHEREAS, on September 9, 2021, the City Manager executed a professional services agreement with CSG Consultants in an amount not to exceed $75,000 for Building Division Support primarily for plan review services and inspection services; and WHEREAS, ECD has been using contract staff to provide critical building support to the City’s residents and businesses in response to 1) needing additional plancheck services to supplement our existing consultant, 2) the intermittent vacancy of the Chief Building Official/Senior Plans Examiner, and 3) substantial uptick in development activity; and WHEREAS, the amendment will allow continued support of the Building Division without a disruption in service to the residents, property owners, and business community; and WHEREAS, funding for contract building services will be covered by applicant paid plancheck fees collected with each project and the salary savings of the currently vacant Chief Building Official/Senior Plans Examiner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Manager is hereby authorized to execute the First Amendment to the Consulting Services Agreement (No. C-5793), in a form approved by the City Attorney, with CSG Consultants to increase the agreement by $400,000 for a total not to exceed amount of $475,000 for Building Division support.
City Council/RSA Agenda 23 Tuesday, May 24, 2022
Resolution # xxxx-22
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of March 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 24 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION ACCEPTING AND APPROPRIATING FY2021-22 GRANT FUNDS FROM CALRECYCLE IN THE TOTALAMOUNT OF $103,597 TO THE CITY MANAGER’S OFFICE SOLID
WASTE AND RECYCLING PROGRAM
Staff recommends that the City Counciladopt a Resolution accepting and appropriating CalRecycle SB 1383 grant funds awarded to the City.
Councilapproved Resolution No. 5895-22 on February 22, 2022, which authorized staff to submit a grant application to CalRecycle for SB 1383 grant funds, and staff submitted the City’s grant application on March 1, 2022. On April 27, 2022, the City received notice from CalRecycle that $103,597 has been awarded. The grant funds will be used to supplement the City’s efforts to comply with various aspects of the SB 1383 Regulations.
STRATEGIC PLAN ALIGNMENT
Strategic Plan Goal D: Strategy 12, Explore additional opportunities to exceed State Waste Reduction targets.
BACKGROUND
The Short-lived Climate Pollutants Act of 2016 (SB 1383) establishes methane reduction targets as part of a larger Statewide strategy to combat climate change and reduce greenhouse gas (GHG) emissions. The goal of SB 1383 is to reduce Short-lived Climate Pollutants (SLCPs), primarily methane emissions created by landfills, dairies, and livestock, as wellas organic waste.
The law establishes a mandated target to achieve a Statewide 75 percent reduction in disposal of organic waste and a 20 percent increase in edible food recovery for human consumption by 2025. The law requires jurisdictions to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.
The CalRecycle FY 2021-22 budget included $57 million in grant funds for distribution to local jurisdictions throughout the State to assist with implementation of SB 1383. CalRecycle received 476 grant applications and awarded $42 million to the 399 local jurisdictions that met the grant criteria, which primarily consisted of the previous adoption of a SB 1383 implementation ordinance as required by the law. The City adopted this ordinance on October 26, 2021 (Resolution No. 889-21 which added Union City Municipal Code Chapter 7.24 – Organics Reduction and Recycling).
DISCUSSION
A Resolution accepting and appropriating the grant funds is required for the City to receive and spend the grant funds. In addition, CalRecycle requires that the Resolution provide specificity regarding City staff signature authority to submit documents and implement the grant; therefore, the Resolution also authorizes the City Manager or her designee to sign and submit various grant related documents to CalRecycle.
On February 22, 2022, the City Councilapproved Resolution No. 5895-22 which authorized staff to submit a grant application to City Council/RSA Agenda 25 Tuesday, May 24, 2022
CalRecycle for SB 1383 grant funds totaling $96,476. Staff submitted the grant application on March 1, 2022, and CalRecycle provided notice to the City of its grant award on April 27, 2022. However, due to the number of applications and the amount of grant funds allocated in CalRecycle’s budget, the City received an additional $7,121 for a total grant award of $103,597.
The grant funds will be used to supplement staff’s efforts to comply with various aspects of SB 1383. These activities include: outreach, education and technicalassistance to businesses and multi-family properties to increase the number of customers subscribed to compost (organics) collection service; purchase of equipment to assist the Public Works Department with spreading compost on City properties; and, purchase of various receptacles for distribution to commercial, multi-family and single-family residential properties and City facilities to facilitate recycling and compost source separation and collection. Table 1 below provides a summary of the approved budget.
City Council/RSA Agenda 26 Tuesday, May 24, 2022
FISCAL IMPACT
Accepting and appropriating the CalRecycle grant totaling $103,597 to fund programs to implement SB 1383 will not impact the General Fund.
RECOMMENDATION
Staff recommends that the City Counciladopt the Resolution accepting and appropriating FY 2021-22 grant funds from CalRecycle and authorizing the City Manager to sign and submit documents required to implement the grant.
Prepared by:
Cliff Feldman, Recycling and Solid Waste Program Manager Submitted by:
Cliff Feldman, Recycling and Solid Waste Program Manager ATTACHMENTS:
Description Type
Resolution Accepting and Appropriating the CalRecycle SB1383 Grant Resolution City Council/RSA Agenda 27 Tuesday, May 24, 2022
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING AND APPROPRIATING FY 2021-22 GRANT FUNDS FROM CALRECYCLE IN THE TOTAL AMOUNT OF $103,597 TO THE CITY
MANAGER’S OFFICE SOLID WASTE AND RECYCLING PROGRAM
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
WHEREAS, CalRecycle solicited from local jurisdictions grant applications due on March 1, 2022 to award funds from its SB 1383 Local Assistance Grant Program (Greenhouse Gas Reduction Fund, Fiscal Year 2021-22); and WHEREAS, on February 22, 2022 the City Council approved Resolution No. 5895-22 authorizing the City to submit a grant by March 1, 2022 to CalRecycle in response to its SB 1383 Local Assistance Grant Program solicitation for grant funding; and WHEREAS, on March 1, 2022 the City submitted a grant application to CalRecycle requesting an award of grant funds from the SB 1383 Local Assistance Grant Program; and
WHEREAS, on April 27, 2022 CalRecycle provided notice of its award to the City of a grant totaling $103,597 to support the City’s efforts to comply with the Short-Lived Climate Pollutants Act of 2016 (SB 1383) Regulations.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Union City hereby accepts and appropriates the CalRecycle FY 21-22 grant funds in the total amount of $103,597 to the SB 1383 Local Assistance Grant Fund Account Number 2035-20023-44168, and the revenue projections shall be amended accordingly. Additionally, the funds will be appropriated to Account Number 2035-1201-20023-XXXXX (SB 1383 CalRecycle Fund – City Manager’s Office – CalRecycle SB 1383 Local Assistance Grant).
NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Union City does hereby authorize and empower the City Manager, or his/her designee, to execute in the name of the City of Union City all grant documents, agreements, amendments and requests for payment, necessary to secure the $103,597 SB 1383 Local Assistance Grant award and implement the approved grant project.
City Council/RSA Agenda 28 Tuesday, May 24, 2022
PASSED AND ADOPTED by the City Council of the City of Union City at a regular meeting duly held on the 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 29 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING IN PERSON
WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETYOF
ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY;AND
AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITYOF UNION CITY FOR THE 30 DAY PERIOD BEGINNING MAY24 PURSUANT TO AB 361
Staff recommends that the City Counciladopt a resolution to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021).
On April 26, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days.
Staff and the City Attorney recommend that the City Counciladopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after April 26, 2022.
STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.
City Council/RSA Agenda 30 Tuesday, May 24, 2022
On March 16, 2020, the City Counciladopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
The City has established virtual meetings for all City Counciland City Councilappointed Board and Commission meetings. The virtual meetings have allowed the Counciland advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta and Omicron variants have emerged, causing a spike in cases throughout the state and within the Alameda County. A highly contagious Omicron sub-variant has also emerged.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.
DISCUSSION
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.
AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
· The localagency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; · Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a localemergency by the Director of Emergency Services; · County Health orders require that individuals in indoor public spaces wear masks and the CDC recommends social distancing of at least six feet due to COVID-19; · The Delta and Omicron variants of COVID-19 has resulted in a significant increase of COVID-19 City Council/RSA Agenda 31 Tuesday, May 24, 2022
cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
AB 361 has been signed into law. Therefore, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.
The City Council has previously acted to make continued findings pursuant to AB 361.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.
FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution to make the necessary findings to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).
Prepared by:
Shandyn Pierce, Attorney
Submitted by:
Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:
Description Type
AB361 Resolution Resolution
City Council/RSA Agenda 32 Tuesday, May 24, 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE
HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING
REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR
THE 30 DAY PERIOD BEGINNING MAY 24 PURSUANT TO
AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body City Council/RSA Agenda 33 Tuesday, May 24, 2022
determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine. State and local officials currently strongly recommend wearing masks indoors and state officials further recommend the use of masks when social distancing is not possible; and
WHEREAS, because of the rise in cases due to the Omicron variant and sub-variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and WHEREAS, the highly contagious Omicron variant has since resulted in several highly contagious sub-variants, including BA.2, which has become the dominant strain of COVID-19; and
WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
City Council/RSA Agenda 34 Tuesday, May 24, 2022
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19, state and local officials continue to recommend the use of masks and physical distancing under certain circumstances, and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.
4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
City Council/RSA Agenda 35 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITYOF UNION
CITYAND THE MANAGEMENT EMPLOYEES’GROUP (MEG),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING, AND APPROVING AN
AMENDMENT TO THE CITY'S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Staff recommends that the City Counciladopt a resolution approving the successor Memorandum of Understanding (the Successor MOU) between the City of Union City and the Management Employees’ Group (MEG) for the period of January 1, 2022 through December 31, 2024, authorizing the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to attract qualified candidates and to retain talented staff.
BACKGROUND
The City and MEG are parties to an existing MOU covering the period of January 1, 2019 through December 31, 2021 (the Existing MOU). Staff and MEG have been negotiating in good faith on the Successor MOU since September 2021, prior to the expiration of the Existing MOU, and have continued to actively negotiate since that time. Both parties have now reached a tentative agreement on matters related to wages, hours, and other terms and conditions of employment, consistent with authority provided by the City Council, as reflected in the attached Successor MOU.
DISCUSSION
The Existing MOU expired on December 31, 2021. The MEG membership ratified the Successor MOU on May 20, 2022. The Successor MOU does not become effective untilapproved by the City Council. The key City Council/RSA Agenda 36 Tuesday, May 24, 2022
updates to the Successor MOU are as follows:
Section 2.0 Compensation
Cost of Living Adjustments:
Three percent (3%) effective the first full pay period following City Councilapproval; in addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase from the first day of the first full pay period in January through the implementation date of the three percent (3%) salary increase referenced above.
Three percent (3%) effective the first full pay period following January 1, 2023; and Three percent (3%) effective the first full pay period following January 1, 2024.
Aligns the Fleet Supervisor position salary to equal that of the Streets and Grounds Supervisors.
Salary Step Schedule: Adds language to define schedule of salary steps consistent with other bargaining units.
Adds Acting Pay language consistent with other bargaining units.
Section 3.0 Leave
Updates administrative leave sellback language to be compliant with IRS constructive receipt and consistent with other bargaining units.
Section 5.0 Vacation
Updates the second tier of vacation accrual to employees with 4-8 years of service and the third tier to employees with 9-12 years of service and language for vacation sellback to be compliant with IRS constructive receipt and consistent with other bargaining units.
Section 6.0 Holidays
Effective fiscal year 2022-2023, adds Juneteenth as a City holiday and reduces floating holidays from 27 hours to 24 hours. Updates the language for clarity and consistency.
Incorporates side letters of agreement from the existing MOU.
Includes a side letter of agreement to meet and confer over the remote work policy.
Includes a side letter of agreement to reopen negotiations when the City’s salary survey is completed.
Includes a side letter of agreement to implement and make available a Retiree Health Savings Plan (RHS) that does not incur any cost to the City.
FISCAL IMPACT
The estimated annualcost with this Successor MOU is $126,159.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the Successor MOU with MEG for the period of January 1, 2022 through December 31, 2024, authorizing the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.
City Council/RSA Agenda 37 Tuesday, May 24, 2022
Prepared by:
Lilybell Nakamura, Human Resources Director
Submitted by:
Lilybell Nakamura, Human Resources Director
ATTACHMENTS:
Description Type
MEGMOURESO5-24-2022 Resolution
MEGSalary Table (effective 5-30-22) Attachment
2022 MEGMOUTracked Changes Attachment
2022 MEGMOUClean Attachment
City Council/RSA Agenda 38 Tuesday, May 24, 2022
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF UNION CITY AND THE MANAGEMENT
EMPLOYEES’ GROUP (MEG), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING AND APPROVING AN AMENDMENT TO
THE CITY’S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Management Employees’ Group (“MEG”) expired on December 31, 2021; and
WHEREAS, the City and MEG entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Union City Municipal Code, the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of MEG on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and MEG have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the membership of MEG ratified the agreement as of May 20, 2022; and
WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and adopts the MOU for MEG, effective May 24, 2022 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.
BE IT FURTHER RESOLVED that if any provisions related to the MOU contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail.
City Council/RSA Agenda 39 Tuesday, May 24, 2022
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective May 30, 2022.
City Council/RSA Agenda 40 Tuesday, May 24, 2022
CITY OF UNION CITY
Salary Compensation Table
Management Employees' Group (MEG)
FY 2021-2022
Effective: May 30, 2022
City Council/RSA Agenda 41 Tuesday, May 24, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Management 20360 Budget Manager/Purchasing Agent 11,532 12,063 12,617 13,202 13,814 Management 20590 Chief Building Official/Sr. Plans Examiner 13,268 13,878 14,522 15,194 15,904 Management 20810 City Engineer 13,776 14,419 15,093 15,799 16,542 Management 20505 Clinical Supervisor 8,204 8,567 8,948 9,348 9,768 Management 20650 Communications & Marketing Manager 11,044 11,589 12,135 12,673 13,219 Management 20800 Cyber Security Manager 11,085 11,584 12,105 12,650 13,219 Management 20630 Economic Development Manager 11,044 11,589 12,135 12,673 13,219 Management 20600 Environmental Program Manager 11,927 12,478 13,054 13,660 14,296 Management 20911 Fleet Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20540 HCD Manager 11,828 12,374 12,945 13,545 14,175 Management 20500 Intervention Counselor I 6,992 7,297 7,613 7,948 8,297 Management 20310 IT Manager 13,796 14,437 15,112 15,821 16,567 Management 20450 CRS Manager 11,631 12,165 12,728 13,317 13,937 Management 20080 Management Analyst I 7,754 8,094 8,452 8,828 9,223 Management 20090 Management Analyst II 9,482 9,911 10,360 10,829 11,324 Management 20100 Management Analyst III 11,532 12,063 12,617 13,202 13,814 Management 20510 Neighborhood Preservation Coordinator 11,044 11,589 12,135 12,673 13,219 Management 20560 Planning Manager 12,636 13,217 13,830 14,471 15,146 Management 20860 Principal Civil Engineer 12,355 12,926 13,526 14,157 14,816 Management 20730 Public Works Superintendent 12,027 12,580 13,164 13,774 14,417 Management 20920 PW Grounds Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20910 PW Streets Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20700 Recycling & Solid Waste Prog Manager 10,744 11,236 11,753 12,295 12,864 Management 20620 Redevelopment Manager 11,927 12,478 13,054 13,660 14,296 Management 20370 Revenue Collections Manager 11,532 12,063 12,617 13,202 13,814 Management 20350 Supervising Accountant 10,764 11,255 11,771 12,313 12,881 Management 20912 Transit Manager 11,631 12,165 12,728 13,317 13,937 Management 20508 Youth & Family Services Prog Manager 9,833 10,280 10,748 11,240 11,757 FY 2021-2022 - Effective May 30, 2022
City of Union City - Salary Compensation Table - MEG
City Council/RSA Agenda 42 Tuesday, May 24, 2022
City Council/RSA Agenda 43 Tuesday, May 24, 2022
City Council/RSA Agenda 44 Tuesday, May 24, 2022
MANAGEMENT EMPLOYEES
MEMORANDUM OF UNDERSTANDING
January 1, 2022 through December 31, 2024
City Council/RSA Agenda 45 Tuesday, May 24, 2022
2 Table of Contents
SECTION 1.00 RECOGNITION ..............................................................................................................3 SECTION 2.0 COMPENSATION.............................................................................................................3 A. ACTING PAY....................................................................................................................................4 B. BILINGUAL PAY ...............................................................................................................................4 C. SALARY STEP SCHEDULE........................................................ERROR! BOOKMARK NOT DEFINED.
D. SALARIES .........................................................................................................................................4
1. Administration of the Compensation Plan...................................................................................4
2. Salary Surveys and Cost of Living Adjustments (COLAs)...........................................................4
3. Advancements in Pay...................................................................................................................5 SECTION 3.0 LEAVE..............................................................................................................................6 A. ADMINISTRATIVE LEAVE:................................................................................................................6 B. BEREAVEMENT LEAVE:....................................................................................................................7 C. FAMILY LEAVE: ...............................................................................................................................8 D. HOLIDAYS: .......................................................................................................................................8 E. JURY LEAVE:....................................................................................................................................9 F. MILITARY LEAVE:............................................................................................................................9 G. OCCUPATIONAL INJURY LEAVE:......................................................................................................9 H. PERSONAL LEAVE:...........................................................................................................................9 I. SICK LEAVE:.....................................................................................................................................9 J. UNPAID LEAVE OF ABSENCE: ........................................................................................................10 K. VACATION:.....................................................................................................................................10 SECTION 4.0 RETIREMENT BENEFITS (CALPERS) .....................................................................11
4.01 CLASSIC MEMBERS .........................................................................................................................11
4.02 NEW MEMBERS...............................................................................................................................11 SECTION 5.0 EDUCATIONAL REIMBURSEMENT.........................................................................12 SECTION 6.0 INSURANCE COVERAGE............................................................................................13 A. HEALTH AND WELFARE COVERAGE:.............................................................................................13 B. LIFE INSURANCE ............................................................................................................................14 C. DEFERRED COMPENSATION PLAN: ................................................................................................14 D. DISABILITY INSURANCE:................................................................................................................14 SECTION 7.0 CITY VEHICLES............................................................................................................14 SECTION 8.0 UNIFORMS......................................................................................................................14 SECTION 9.0 WORK SCHEDULES .....................................................................................................15 SECTION 10.0 SEPARATION ...............................................................................................................15 SECTION 11.0 DURATION....................................................................................................................15 SECTION 12.0 SIDE LETTERS.............................................................................................................17 City Council/RSA Agenda 46 Tuesday, May 24, 2022
3 SECTION 1.00 RECOGNITION
The City recognizes the Management Employees Group (MEG) as the sole and exclusive bargaining representative for the following full-time classifications as well as any new Management related classifications by mutual agreement between the City and the Management Group:
Budget Manager/Purchasing Agent Community Recreation Services Manager Chief Building Official/Sr. Plans Examiner Management Analyst I, II, & III Planning Manager
Clinical Supervisor Principal Civil Engineer
City Engineer Public Works Superintendent
Communications & Marketing Manager
Cyber Security Manager
Public Works Grounds Supervisor
Economic Development Manager Public Works Streets Supervisor Environmental Programs Manager
Fleet Supervisor
Recycling & Solid Waste Program Manager
Redevelopment Agency Manager
HCD Manager Revenue Collections Manager
Sr. Recreation Supervisor
Supervising Accountant
Transit Manager
Information Technology (IT) Manager Youth & Family Services Program Manager Intervention Counselor
SECTION 2.0 COMPENSATION
Effective the first payroll following the City Council approval of this Agreement, all classifications in the bargaining unit shall receive a three percent (3%) salary increase. In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
Effective the first payroll after January 1
st
, 2023, all classifications in the bargaining unit
shall receive a three percent (3%) salary increase.
Effective the first payroll after January 1
st
, 2024, all classifications in the bargaining unit
shall receive a three percent 3% salary increase.
Effective the first full payroll period following the City Council approval of this Agreement, Fleet Supervisor position salary shall be aligned to equal that of Streets ad Ground Supervisor as in past practice.
City Council/RSA Agenda 47 Tuesday, May 24, 2022
4 A. Acting Pay
Employees who are assigned by the Department Head or their designee to assume the duties of a position of higher classification and have been assigned and worked one full day or more shall be paid at the first step of the higher classification or 5%, whichever is higher.
B. Bilingual Pay
The City will compensate each management employee one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing bilingual skills, oral and/or written.
All employees requesting compensation under this agreement must be certified by the City as possessing the required bilingual abilities. Certification may examine the employee's ability to converse fluently, read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
C. Administration of the Compensation Plan
The Compensation Plan may provide a flat salary rate or a defined salary range for each management classification with a minimum/maximum salary level and one or more intermediate steps. The beginning or normal hiring rate shall usually be at the first or second step of a classification's salary range. Each new employee shall normally be paid at the first or second step upon appointment with the exception that the hiring manager may recommend appointment at a higher step. Appointment at such higher step must be approved by the City Manager.
1. Salary Surveys and Cost of Living Adjustments (COLAs) The City shall conduct a Salary Survey for all management employee classifications. The Salary Survey shall be provided to the City Council for their use as in determining management compensation.
The Compensation Survey shall be designed to compare total compensation between similar positions in the established benchmark cities of Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, and San Leandro and shall include, at a minimum, the following criteria:
Total Salary and Benefit Categories:
• Maximum monthly base salary
• Uniform Allowance (where applicable)
• Holiday Pay (where applicable)
• Educational Pay (where applicable)
• PERS EPMC (Employer Paid Member Contribution)
• PERS (Normal Cost)
City Council/RSA Agenda 48 Tuesday, May 24, 2022
5 • Deferred Compensation (Employer Paid)
• Medical
• Vision
• Dental
• OASDI
• Medicare
• Life Insurance
• LTD/STD
• Admin Leave
Criteria may be modified in the salary surveys as mutually agreed upon by the parties.
2. Advancements in Pay
1. Step Increase Reviews shall provide the means through which a manager is evaluated and assigned to an appropriate salary level within his or her classification.
2. Scheduled Step Increases:
Management employees are eligible to receive Step Increases after meeting the following Time-in-Step Requirements:
STEP TIME-IN-STEP REQUIREMENT
1 6 months
2 6 months
3 12 months
4 12 months
5 N/A
If warranted for the good of the service, or when an employee demonstrates outstanding performance of his/her duties, that employee may be advanced in step prior to the completion of the above Time-in-Step Requirements and/or may be advanced more than one (1) step.
Such exceptions are contingent upon recommendation of the department head and approval of the City Manager.
If an employee is on leave without pay for more than one (1) month, the time on leave shall be deducted from the employee's accumulated Time-in Step.
City Council/RSA Agenda 49 Tuesday, May 24, 2022
6 Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee's supervisor.
A. Salary Step Schedule
Salary step increases shell be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.
An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have his/her step increased implemented on the first day of the following pay period.
SECTION 3.0 LEAVE
A. Administrative Leave:
In lieu of paid overtime, management employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those management employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond 70 hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave for a total of 110 hours. The reduction in Administrative Leave will take effect on 07/01/2020.
The guidelines for making use of Administrative Leave will be as follows:
1. Personnel shall submit a memorandum requesting time off under Administrative Leave Provisions. Such requests shall be submitted directly to their department heads.
Department heads will approve or deny the request based upon operational needs.
2. The use of Administrative Leave is not automatic and is subject to approval as stated above.
3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 to June 30.
4. For fiscal year 2021-2022,unused Administrative Leave may be accumulated up to a maximum of two hundred and forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. For separation provisions concerning Administrative Leave, please see Section 11.00 of this document. The unused City Council/RSA Agenda 50 Tuesday, May 24, 2022
7 240-hour accumulation does not include the Additional Administrative Leave identified in Section 1.20(A)(8) below.
5. Effective calendar year 2023, and every calendar year thereafter, under the following conditions employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. Management employees may make an irrevocable election to sell back to the City up to seventy (70) hours of Administrative Leave. At the time of distribution, the following must be true:
a. The employee is in good standing and meeting performance expectations on the last performance evaluation received.
b. The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months. c. Requests to sell back administrative leave must be received by Payroll no later than December 31 for the following year’s election.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
6. Administrative Leave for employees hired after July 1 or leave prior to June 30th of the following year will be prorated.
7. Employees may not use Administrative Leave during their first six months of service.
Exceptions to this rule may be granted by Department Heads and the City Manager.
8. The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year's work and may not be accumulated or cashed out.
The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.
B. Bereavement Leave:
Employees may be granted paid bereavement leave, not to exceed five (5) workdays, upon the occasion of the death of a close relative. The five days may be taken non-consecutively.
Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, sonin-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).
City Council/RSA Agenda 51 Tuesday, May 24, 2022
8 C. Family Leave:
The City shall comply with all provisions of the Federal Family Medical Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.
D. Holidays:
The following are guaranteed holidays:
New Year’s Day January 1
Martin Luther King, Jr.’s Birthday 3
rd Monday in January
President’s Day 3
rd Monday in February
Memorial Day Last Monday in May
Juneteenth (Effective calendar year 2023) June 19th
Independence Day July 4
Labor Day 1
st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4
th Thursday in November
Friday after Thanksgiving 4
th Friday in November
Christmas Eve December 24*
Christmas Day December 25
Effective fiscal year 2022-2023, each employee shall also be granted twenty-four (24) Floating Holiday hours per fiscal year, which may be scheduled for use upon approval. The Floating Holiday hours, if not used within the fiscal year earned, may not be accumulated.
In the event a holiday falls on a normal day off which is either a Saturday or the first day of the two regularly scheduled days off, the employee shall observe the previous workday as the holiday. In the event a designated holiday falls upon a normal day off which is either a Sunday or the second day of the two regularly scheduled days off, the employee shall observe the following workday as the holiday.
Should the holiday fall on a Dark (non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee's floating holiday bank in the pay period immediately before the holiday.
*Christmas Eve Observed
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday; there is no Christmas Eve holiday observance. When Christmas Day falls on Monday, there is no Christmas Eve holiday observance.
City offices shall be closed between Christmas Day and New Year's Day.
City Council/RSA Agenda 52 Tuesday, May 24, 2022
9 E. Jury Leave:
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon returning to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.
F. Military Leave:
Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.
G. Occupational Injury Leave:
For employee injury or disability falling within the provisions of the State Worker's Compensation Act, additional compensation equal to the difference between said employee's regular pay and his/her disability compensation allowance shall be paid for a total not to exceed one-hundred seventy-six (176) hours or equal to one-half the amount of the employee's accumulated Sick Leave as of July 1 for each fiscal year, whichever is greater.
Included in the calculation of the one-hundred seventy-six (176) hours granted will be compensation for any waiting period. Following exhaustion of this benefit, employees may utilize accumulated Sick Leave to the extent available to make up the difference between said employee's regular pay and his/her disability compensation allowance.
H. Personal Leave:
The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional eight (8) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of twenty-eight (28) hours per fiscal year. An additional twelve (12) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year. Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.
I. Sick Leave:
Employees shall earn three and 69/100 (3.69) hours per pay period of Sick Leave without limit on accumulation. Management employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to his/her Vacation Time Bank provided the employee maintains a balance of four-hundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.
City Council/RSA Agenda 53 Tuesday, May 24, 2022
10 J. Unpaid Leave of Absence:
The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee will be reinstated to the position held at the time leave was granted and said employee shall retain his/her seniority rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence, or within a reasonable time after notice to return to duty shall terminate his/her right to be reinstated.
Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.
Employee is fully responsible for all premiums of benefits while on approved leave.
K. Vacation:
Employees shall accrue vacation benefits annually in accordance with the following schedule and provisions:
Years of
Service
Bi-Weekly
Accrual Rate
Annual
Accrual Rate
Max
Accrual
0 - 3 Years 3.08 80 320
4 - 8 Years 4.62 120 400
9 - 12 Years 5.38 140 440
13 - 15 Years 6.15 160 480
16+ Years 7.69 200 560
For calendar year 2022, employees with years of service over three (3) years shall have the option of receiving an annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out. Employee request for cash payment must be submitted to the Payroll Administrative Services Department no later than June 1st and cash payment shall be made at the end of the fiscal year.
Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay. At the time of distribution, the following must be true:
The employee is in good standing and meeting performance expectations on the last performance evaluation received.
The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.
City Council/RSA Agenda 54 Tuesday, May 24, 2022
11 The employee must have a remaining balance of at least forty (40) hours following the sell back.
Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
Employees with years of service over three (3) years shall have the option of converting any Vacation Leave to cash (i.e., excess vacation). If vacation leave is converted to cash, employees shall receive a pro-rated portion of Vacation Leave deposited into their bi-weekly paychecks. The accrual rate change shall be effective upon the first pay period after City Council Ratification.
Employees shall be limited to accruing two times their maximum number of annual accrual rate plus 160 hours per year. Employees shall receive cash payment for all unused excess Vacation Leave at their current salary rate at the time of separation or upon the start of an extended leave from City employment.
SECTION 4.0 Retirement Benefits (CalPERS)
4.01 Classic Members
Consistent with its historical practice, the City pays the full share of the employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC) on behalf of the CalPERS classic members. For classic members receiving benefits based on the
2.5% at 55 formula, these payments are equal to 8% of the member employees' reportable income. For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
2.5% at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula, with final compensation calculated based on the employee's highest earning year. Employee cost sharing will be 11%. 2% at 60: Employees hired on or after November 24, 2010, are provided benefits under the CalPERS 2% at 60 retirement formula. Final compensation for these employees will be calculated based on the highest three-year average. Employee cost sharing will be 10%.
4.02 New Members
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula. New members are responsible for contributing to CalPERS.
Employee cost sharing will be 10%
City Council/RSA Agenda 55 Tuesday, May 24, 2022
12 Specific Features of PERS Benefits
Specific features of the PERS benefits applicable to all employees hired prior to January 1, 2011, include:
1. Indexed Level of the 1959 Survivor Benefit as provided in Section 21574.5
2. One-Year Fiscal Compensation as provided in Section 20042.
3. Post-Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628.
4. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.
5. Continuation of Surviving Spouse-Benefits upon remarriage as provided in Section 21635.
6. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.
7. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004 years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.
8. Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to 30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 50% of final compensation.
9. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant to Section 21620.
10. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329
11. Two Years Additional Service Credit to employees who retire within a specified period provided in Government Code Section 20903
12. Members not covered by Social Security upon retirement shall receive a monthly allowance of $350, $700, or $840 depending on the number of eligible survivors as defined in Section21573.
SECTION 5.0 EDUCATIONAL REIMBURSEMENT
When a management employee voluntarily and with prior approval of the City Manager undertakes any education or training program that will improve his/her skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training to a maximum of three thousand dollars ($3,000) per fiscal year, subject to an annual cap of nine thousand dollars ($9,000) per fiscal year on total educational reimbursements by the City for management group employees where the employee identifies the total cost of the course up front. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.
Employees may be reimbursed for more than one course per fiscal year or over the life of their employment with the City if total cost of all reimbursements does not exceed three thousand City Council/RSA Agenda 56 Tuesday, May 24, 2022
13 dollars ($3,000) per fiscal year. To qualify for reimbursement, employees shall submit written requests to the City Manager and requests shall be considered on a first come, first serve basis each fiscal year.
SECTION 6.0 INSURANCE COVERAGE
A. Health and Welfare Coverage:
1. The City shall contribute to the cafeteria plan up to Two Thousand Dollars ($2,000) per month toward the medical, dental and vision premiums for all bargaining unit members, regardless of the plan in which they are enrolled. This monthly contribution includes the City’s basic employer contribution for health premiums under the Public Employees Medical and Hospital Care Act (“PEMHCA”) which City Council Resolution No. 2279- 02 set as the minimum required under PEMHCA. Employees shall pay premium costs exceeding this amount.
2. Employees who are covered for medical benefits through a spouse’s or other alternative medical insurance coverage may elect not to enroll in a City group medical plan and are not eligible for the City's contribution towards medical, dental and vision premiums as identified in Section 5.00(A)(1). Employees electing this option shall provide proof of medical coverage to the City.
In lieu of payment of medical insurance premiums, the City will pay the employee who waives coverage, the amount of three hundred dollars ($300) per month or $138.46 per pay period. Employees may elect to receive this payment in cash, paid directly to the employee in his/her normal paycheck, or to have this amount deposited into the employee’s 457(b) deferred compensation account. Approval for the cash payment/deferred compensation deposit is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Director.
3. The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and MEG at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City’s basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
Retirees may elect to continue coverage with the group medical and dental plans at retiree’s cost.
4. The City agrees to advance the full cost of health premiums (medical, dental, vision, and LTD coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months beyond any FMLA benefits and shall be due and payable to the City within six (6) months of return to work or upon termination.
City Council/RSA Agenda 57 Tuesday, May 24, 2022
14 Retirees may elect to continue coverage with the group medical and dental plans at retiree's cost.
B. Life Insurance
The City shall provide life insurance coverage for management personnel as follows:
$100,000 for life insurance, and $100,000 for accidental death or dismemberment.
Supplemental life insurance is also available, the cost of which shall be borne by the employee.
C. Deferred Compensation Plan:
For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month ($46.15 per pay period) to a pre-tax 401(a) Deferred Compensation Plan.
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.
D. Disability Insurance:
Both Short-Term Disability (STD) and Long-Term Disability (LTD) Insurance programs are available through the Healthcare Cafeteria Plan. Participation in the Short-Term and Long-Term Disability Plans is not optional.
SECTION 7.0 CITY VEHICLES
Public Works Superintendent, Public Works Grounds Supervisor, and Public Works Streets Supervisor shall be provided a City vehicle for their business use.
SECTION 8.0 UNIFORMS
Public Works Superintendent(s) shall be provided with a uniform.
City Council/RSA Agenda 58 Tuesday, May 24, 2022
15 SECTION 9.0 WORK SCHEDULES
The City normally operates on a 9/80 work schedule with employees working eighty (80) hours over nine (9) consecutive business days, Monday through Friday. However, Department Heads, with the City Manager approval, shall structure the work schedules for all management employees in his/her department. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community. In delivering these services Department Heads have the opportunity to consider flexible scheduling options. These scheduling opportunities shall remain solely at the City's discretion.
SECTION 10.0 SEPARATION
Upon separation from the City or upon the start of an extended leave from City employment (e.g., military duty, etc.), employees shall receive cash payment on a pro-rated basis for unused Administrative Leave and Holiday Hours. Said payment(s) shall be based upon the employee's accrued Administrative Leave and Holiday hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.
At that time, employees shall also receive full cash payment for any unused accrued vacation leave. As with Administrative Leave and Holiday Hours, said payment shall be based upon the employee's base salary rate at time of separation. However, employees shall not receive cash payment for any unused accrued sick leave. All of the aforementioned separation payments, including additional monies owed from negotiated severance packages, shall be paid to employees within 14 calendar days after separation and shall normally be expensed against the Retirement Reserve Fund or any such reserve fund which shall be established in the future to cover these types of expenses.
SECTION 11.0 DURATION
This Memorandum of Understanding is effective January 1, 2022 and shall continue in full force and effect through December 31, 202.
For the City: For MEG:
Lilybell Nakamura, Human
Resources Director
Date Mark Camfield Date
Jeff Bailey, Union City
Negotiator
Date Lisa Bachman Date
Derek Farmer Date
City Council/RSA Agenda 59 Tuesday, May 24, 2022
16 Gloria Ortega Date
City Council/RSA Agenda 60 Tuesday, May 24, 2022
17 SECTION 12.0 SIDE LETTERS
City of Union City and
Union City Management Employees
Side Letter of Agreement
This Side Letter is by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by the Group and adoption by the City.
City will meet and confer with MEG bargaining unit prior to adopting a remote work policy. The intent is to collaborate on policy language and implementation.
City Council/RSA Agenda 61 Tuesday, May 24, 2022
18 City of Union City and
Union City Management Employees
Side Letter of Agreement
This Side Letter is by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by the Group and adoption by the City.
The City will implement and make available to Group members, a Retiree Health Savings Plan (RHS) that does not incur any cost to the City within six (6) months of ratification of this agreement.
City Council/RSA Agenda 62 Tuesday, May 24, 2022
19 City of Union City and
Union City Management Employees
Side Letter of Agreement
This side letter refers specifically to the MOU requirement for the City to complete a comprehensive, timely and accurate compensation survey for MEG employee classifications.
This Side Letter is by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by the Group and adoption by the City.
Pursuant to the Strategic Plan adopted by the City in FY 2020-21, the City recognizes its commitment to employees and has taken steps to engage a third-party consultant for the purposes of conducting a total compensation and benefits study for all city classifications City will meet and confer with Group before and during Citywide salary survey process.
The City will initiate the RFP process to retain consultant services for these purposes and will direct the consultant once retained to complete the survey as soon as practicable. The City strategic plan states that this survey will take place during calendar year 2022. Failure to complete the survey by end of calendar year 2022 shall give Group the option to re-open negotiations for the purpose of aligning salaries with comparable cities for the duration of this contract.
Pursuant to this Side Letter Agreement, the Group and the City agree to reopen negotiations regarding the selection of comparable cities, comparable job descriptions and comparable job duties for the sole purpose of meeting and conferring over potential equity adjustment increases based on the results of the completed total compensation and benefits survey.
City Council/RSA Agenda 63 Tuesday, May 24, 2022
MANAGEMENT EMPLOYEES
MEMORANDUM OF UNDERSTANDING
January 1, 2022 through December 31, 2024
City Council/RSA Agenda 64 Tuesday, May 24, 2022
2 Table of Contents
SECTION 1.00 RECOGNITION ..............................................................................................................3 SECTION 2.0 COMPENSATION.............................................................................................................3 A. ACTING PAY....................................................................................................................................3 B. BILINGUAL PAY ...............................................................................................................................4 C. SALARY STEP SCHEDULE........................................................ERROR! BOOKMARK NOT DEFINED.
D. SALARIES ................................................................................ERROR! BOOKMARK NOT DEFINED.
1. Administration of the Compensation Plan...................................................................................4
2. Salary Surveys and Cost of Living Adjustments (COLAs)...........................................................4
3. Advancements in Pay...................................................................................................................5 SECTION 3.0 LEAVE..............................................................................................................................6 A. ADMINISTRATIVE LEAVE:................................................................................................................6 B. BEREAVEMENT LEAVE:....................................................................................................................7 C. FAMILY LEAVE: ...............................................................................................................................7 D. HOLIDAYS: .......................................................................................................................................7 E. JURY LEAVE:....................................................................................................................................8 F. MILITARY LEAVE:............................................................................................................................8 G. OCCUPATIONAL INJURY LEAVE:......................................................................................................9 H. PERSONAL LEAVE:...........................................................................................................................9 I. SICK LEAVE:.....................................................................................................................................9 J. UNPAID LEAVE OF ABSENCE: ..........................................................................................................9 K. VACATION:.....................................................................................................................................10 SECTION 4.0 RETIREMENT BENEFITS (CALPERS) .....................................................................11
4.01 CLASSIC MEMBERS .........................................................................................................................11
4.02 NEW MEMBERS...............................................................................................................................11 SECTION 5.0 EDUCATIONAL REIMBURSEMENT.........................................................................12 SECTION 6.0 INSURANCE COVERAGE............................................................................................12 A. HEALTH AND WELFARE COVERAGE:.............................................................................................12 B. LIFE INSURANCE ............................................................................................................................13 C. DEFERRED COMPENSATION PLAN: ................................................................................................14 D. DISABILITY INSURANCE:................................................................................................................14 SECTION 7.0 CITY VEHICLES............................................................................................................14 SECTION 8.0 UNIFORMS......................................................................................................................14 SECTION 9.0 WORK SCHEDULES .....................................................................................................14 SECTION 10.0 SEPARATION ...............................................................................................................14 SECTION 11.0 DURATION....................................................................................................................15 SECTION 12.0 SIDE LETTERS..............................................ERROR! BOOKMARK NOT DEFINED.
City Council/RSA Agenda 65 Tuesday, May 24, 2022
3 SECTION 1.00 RECOGNITION
The City recognizes the Management Employees Group (MEG) as the sole and exclusive bargaining representative for the following full-time classifications as well as any new Management related classifications by mutual agreement between the City and the Management Group:
Budget Manager/Purchasing Agent Management Analyst I, II, & III Chief Building Official/Sr. Plans Examiner Planning Manager City Engineer Principal Civil Engineer
Clinical Supervisor Public Works Superintendent
Communications & Marketing Manager Public Works Grounds Supervisor Cyber Security Manager Public Works Streets Supervisor
Community Recreation Services Manager Recycling & Solid Waste Program Manager Economic Development Manager Redevelopment Agency Manager Environmental Programs Manager Revenue Collections Manager Fleet Supervisor Sr. Recreation Supervisor
HCD Manager Supervising Accountant
Information Technology (IT) Manager Transit Manager
Intervention Counselor
SECTION 2.0 COMPENSATION
Effective the first payroll following the City Council approval of this Agreement, all classifications in the bargaining unit shall receive a three percent (3%) salary increase. In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
Effective the first payroll after January 1st, 2023, all classifications in the bargaining unit shall receive a three percent (3%) salary increase.
Effective the first payroll after January 1st, 2024, all classifications in the bargaining unit shall receive a three percent 3% salary increase.
Effective the first full payroll period following the City Council approval of this Agreement, Fleet Supervisor position salary shall be aligned to equal that of Streets ad Ground Supervisor as in past practice.
A. Acting Pay
Employees who are assigned by the Department Head or their designee to assume the duties of a position of higher classification and have been assigned and worked one full day or more shall be paid at the first step of the higher classification or 5%, whichever is higher.
City Council/RSA Agenda 66 Tuesday, May 24, 2022
4 B. Bilingual Pay
The City will compensate each management employee one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing bilingual skills, oral and/or written.
All employees requesting compensation under this agreement must be certified by the City as possessing the required bilingual abilities. Certification may examine the employee's ability to converse fluently, read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
C. Administration of the Compensation Plan
The Compensation Plan may provide a flat salary rate or a defined salary range for each management classification with a minimum/maximum salary level and one or more intermediate steps. The beginning or normal hiring rate shall usually be at the first or second step of a classification's salary range. Each new employee shall normally be paid at the first or second step upon appointment with the exception that the hiring manager may recommend appointment at a higher step. Appointment at such higher step must be approved by the City Manager.
1. Salary Surveys and Cost of Living Adjustments (COLA’s) The City shall conduct a Salary Survey for all management employee classifications. The Salary Survey shall be provided to the City Council for their use as in determining management compensation.
The Compensation Survey shall be designed to compare total compensation between similar positions in the established benchmark cities of Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, and San Leandro and shall include, at a minimum, the following criteria:
Total Salary and Benefit Categories:
• Maximum monthly base salary
• Uniform Allowance (where applicable)
• Holiday Pay (where applicable)
• Educational Pay (where applicable)
• PERS EPMC (Employer Paid Member Contribution)
• PERS (Normal Cost)
• Deferred Compensation (Employer Paid)
• Medical
• Vision
• Dental
• OASDI
• Medicare
• Life Insurance
City Council/RSA Agenda 67 Tuesday, May 24, 2022
5 • LTD/STD
• Admin Leave
Criteria may be modified in the salary surveys as mutually agreed upon by the parties.
2. Advancements in Pay
1. Step Increase Reviews shall provide the means through which a manager is evaluated and assigned to an appropriate salary level within his or her classification.
2. Scheduled Step Increases:
Management employees are eligible to receive Step Increases after meeting the following Time-in-Step Requirements:
STEP TIME-IN-STEP REQUIREMENT
1 6 months
2 6 months
3 12 months
4 12 months
5 N/A
If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in step prior to the completion of the above Time-in-Step Requirements and/or may be advanced more than one (1) step.
Such exceptions are contingent upon recommendation of the department head and approval of the City Manager.
If an employee is on leave without pay for more than one (1) month, the time on leave shall be deducted from the employee's accumulated Time-in Step.
Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee's supervisor.
3. Salary Step Schedule:
Salary step increases shall be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs.
City Council/RSA Agenda 68 Tuesday, May 24, 2022
6 An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increased implemented on the first day of the following pay period.
SECTION 3.0 LEAVE
A. Administrative Leave:
In lieu of paid overtime, management employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those management employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond 70 hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave for a total of 110 hours. The reduction in Administrative Leave will take effect on 07/01/2020.
The guidelines for making use of Administrative Leave will be as follows:
1. Personnel shall submit a memorandum requesting time off under Administrative Leave Provisions. Such requests shall be submitted directly to their department heads.
Department heads will approve or deny the request based upon operational needs.
2. The use of Administrative Leave is not automatic and is subject to approval as stated above.
3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 to June 30.
4. For fiscal year 2021-2022, unused Administrative Leave may be accumulated up to a maximum of two hundred and forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. For separation provisions concerning Administrative Leave, please see Section 11.00 of this document. The unused 240-hour accumulation does not include the Additional Administrative Leave identified in Section 1.20(A)(8) below.
5. Effective calendar year 2023, and every calendar year thereafter, under the following conditions employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. Management employees may make an irrevocable election to sell back to the City up to seventy (70) hours of Administrative Leave. At the time of distribution, the following must be true:
a. The employee is in good standing and meeting performance expectations on the last performance evaluation received.
b. The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.
City Council/RSA Agenda 69 Tuesday, May 24, 2022
7 c. Requests to sell back administrative leave must be received by Payroll no later than December 31 for the following year’s election.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
6. Administrative Leave for employees hired after July 1 or leave prior to June 30th of the following year will be prorated.
7. Employees may not use Administrative Leave during their first six months of service.
Exceptions to this rule may be granted by Department Heads and the City Manager.
8. The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year's work and may not be accumulated or cashed out.
The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.
B. Bereavement Leave:
Employees may be granted paid bereavement leave, not to exceed five (5) workdays, upon the occasion of the death of a close relative. The five days may be taken non-consecutively.
Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, sonin-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).
C. Family Leave:
The City shall comply with all provisions of the Federal Family Medical Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.
D. Holidays:
The following are guaranteed holidays:
New Year’s Day January 1
Martin Luther King, Jr.’s Birthday 3
rd Monday in January
City Council/RSA Agenda 70 Tuesday, May 24, 2022
8 President’s Day 3
rd Monday in February
Memorial Day Last Monday in May
Juneteenth (Effective calendar year 2023) June 19th
Independence Day July 4
Labor Day 1
st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4
th Thursday in November
Friday after Thanksgiving 4
th Friday in November
Christmas Eve December 24*
Christmas Day December 25
Effective fiscal year 2022-2023, each employee shall also be granted twenty-four (24) Floating Holiday hours per fiscal year, which may be scheduled for use upon approval. The Floating Holiday hours, if not used within the fiscal year earned, may not be accumulated.
In the event a holiday falls on a normal day off which is either a Saturday or the first day of the two regularly scheduled days off, the employee shall observe the previous workday as the holiday. In the event a designated holiday falls upon a normal day off which is either a Sunday or the second day of the two regularly scheduled days off, the employee shall observe the following workday as the holiday.
Should the holiday fall on a Dark (non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee's floating holiday bank in the pay period immediately before the holiday.
*Christmas Eve Observed
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday; there is no Christmas Eve holiday observance. When Christmas Day falls on Monday, there is no Christmas Eve holiday observance.
City offices shall be closed between Christmas Day and New Year's Day.
E. Jury Leave:
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon returning to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.
F. Military Leave:
Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.
City Council/RSA Agenda 71 Tuesday, May 24, 2022
9 G. Occupational Injury Leave:
For employee injury or disability falling within the provisions of the State Worker's Compensation Act, additional compensation equal to the difference between said employee's regular pay and their disability compensation allowance shall be paid for a total not to exceed one-hundred seventy-six (176) hours or equal to one-half the amount of the employee's accumulated Sick Leave as of July 1 for each fiscal year, whichever is greater.
Included in the calculation of the one-hundred seventy-six (176) hours granted will be compensation for any waiting period. Following exhaustion of this benefit, employees may utilize accumulated Sick Leave to the extent available to make up the difference between said employee's regular pay and their disability compensation allowance.
H. Personal Leave:
The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional eight (8) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of twenty-eight (28) hours per fiscal year. An additional twelve (12) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year. Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.
I. Sick Leave:
Employees shall earn three and 69/100 (3.69) hours per pay period of Sick Leave without limit on accumulation. Management employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a balance of four-hundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.
J. Unpaid Leave of Absence:
The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee will be reinstated to the position held at the time leave was granted and said employee shall retain their seniority rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence, or within a reasonable time after notice to return to duty shall terminate their right to be reinstated.
City Council/RSA Agenda 72 Tuesday, May 24, 2022
10 Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.
Employee is fully responsible for all premiums of benefits while on approved leave.
K. Vacation:
Employees shall accrue vacation benefits annually in accordance with the following schedule and provisions:
Years of
Service
Bi-Weekly
Accrual Rate
Annual
Accrual Rate
Max
Accrual
0 - 3 Years 3.08 80 320
4 - 8 Years 4.62 120 400
9 - 12 Years 5.38 140 440
13 - 15 Years 6.15 160 480
16+ Years 7.69 200 560
For calendar year 2022, employees with years of service over three (3) years shall have the option of receiving an annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out. Employee request for cash payment must be submitted to the Payroll Administrative Services Department no later than June 1st and cash payment shall be made at the end of the fiscal year.
Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay. At the time of distribution, the following must be true:
The employee is in good standing and meeting performance expectations on the last performance evaluation received.
The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months. The employee must have a remaining balance of at least forty (40) hours following the sell back.
Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
Employees with years of service over three (3) years shall have the option of converting any Vacation Leave to cash (i.e., excess vacation). If vacation leave is converted to cash, employees shall receive a pro-rated portion of Vacation Leave deposited into their bi-weekly City Council/RSA Agenda 73 Tuesday, May 24, 2022
11 paychecks. The accrual rate change shall be effective upon the first pay period after City Council Ratification.
Employees shall be limited to accruing two times their maximum number of annual accrual rate plus 160 hours per year. Employees shall receive cash payment for all unused excess Vacation Leave at their current salary rate at the time of separation or upon the start of an extended leave from City employment.
SECTION 4.0 Retirement Benefits (CalPERS)
4.01 Classic Members
Consistent with its historical practice, the City pays the full share of the employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC) on behalf of the CalPERS classic members. For classic members receiving benefits based on the
2.5% at 55 formula, these payments are equal to 8% of the member employees' reportable income. For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
2.5% at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula, with final compensation calculated based on the employee's highest earning year. Employee cost sharing will be 11%. 2% at 60: Employees hired on or after November 24, 2010, are provided benefits under the CalPERS 2% at 60 retirement formula. Final compensation for these employees will be calculated based on the highest three-year average. Employee cost sharing will be 10%.
4.02 New Members
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula. New members are responsible for contributing to CalPERS.
Employee cost sharing will be 10%
Specific Features of PERS Benefits
Specific features of the PERS benefits applicable to all employees hired prior to January 1, 2011, include:
1. Indexed Level of the 1959 Survivor Benefit as provided in Section 21574.5
2. One-Year Fiscal Compensation as provided in Section 20042.
3. Post-Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628.
4. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.
5. Continuation of Surviving Spouse-Benefits upon remarriage as provided in Section 21635.
City Council/RSA Agenda 74 Tuesday, May 24, 2022
12 6. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.
7. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004 years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.
8. Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to 30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 50% of final compensation.
9. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant to Section 21620.
10. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329
11. Two Years Additional Service Credit to employees who retire within a specified period provided in Government Code Section 20903
12. Members not covered by Social Security upon retirement shall receive a monthly allowance of $350, $700, or $840 depending on the number of eligible survivors as defined in Section21573.
SECTION 5.0 EDUCATIONAL REIMBURSEMENT
When a management employee voluntarily and with prior approval of the City Manager undertakes any education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training to a maximum of three thousand dollars ($3,000) per fiscal year, subject to an annual cap of nine thousand dollars ($9,000) per fiscal year on total educational reimbursements by the City for management group employees where the employee identifies the total cost of the course up front. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.
Employees may be reimbursed for more than one course per fiscal year or over the life of their employment with the City if total cost of all reimbursements does not exceed three thousand dollars ($3,000) per fiscal year. To qualify for reimbursement, employees shall submit written requests to the City Manager and requests shall be considered on a first come, first serve basis each fiscal year.
SECTION 6.0 INSURANCE COVERAGE
A. Health and Welfare Coverage:
1. The City shall contribute to the cafeteria plan up to Two Thousand Dollars ($2,000) per month toward the medical, dental and vision premiums for all bargaining unit members, regardless of the plan in which they are enrolled. This monthly contribution includes the City’s basic employer contribution for health premiums under the Public Employees City Council/RSA Agenda 75 Tuesday, May 24, 2022
13 Medical and Hospital Care Act (“PEMHCA”) which City Council Resolution No. 2279- 02 set as the minimum required under PEMHCA. Employees shall pay premium costs exceeding this amount.
2. Employees who are covered for medical benefits through a spouse’s or other alternative medical insurance coverage may elect not to enroll in a City group medical plan and are not eligible for the City's contribution towards medical, dental and vision premiums as identified in Section 5.00(A)(1). Employees electing this option shall provide proof of medical coverage to the City.
In lieu of payment of medical insurance premiums, the City will pay the employee who waives coverage, the amount of three hundred dollars ($300) per month or $138.46 per pay period. Employees may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee’s 457(b) deferred compensation account. Approval for the cash payment/deferred compensation deposit is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Director.
3. The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and MEG at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City’s basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
Retirees may elect to continue coverage with the group medical and dental plans at retiree’s cost.
4. The City agrees to advance the full cost of health premiums (medical, dental, vision, and LTD coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months beyond any FMLA benefits and shall be due and payable to the City within six (6) months of return to work or upon termination.
Retirees may elect to continue coverage with the group medical and dental plans at retiree's cost.
B. Life Insurance
The City shall provide life insurance coverage for management personnel as follows:
$100,000 for life insurance, and $100,000 for accidental death or dismemberment.
Supplemental life insurance is also available, the cost of which shall be borne by the employee.
City Council/RSA Agenda 76 Tuesday, May 24, 2022
14 C. Deferred Compensation Plan:
For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month ($46.15 per pay period) to a pre-tax 401(a) Deferred Compensation Plan.
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.
D. Disability Insurance:
Both Short-Term Disability (STD) and Long-Term Disability (LTD) Insurance programs are available through the Healthcare Cafeteria Plan. Participation in the Short-Term and Long-Term Disability Plans is not optional.
SECTION 7.0 CITY VEHICLES
Public Works Superintendent, Public Works Grounds Supervisor, and Public Works Streets Supervisor shall be provided a City vehicle for their business use.
SECTION 8.0 UNIFORMS
Public Works Superintendent(s) shall be provided with a uniform.
SECTION 9.0 WORK SCHEDULES
The City normally operates on a 9/80 work schedule with employees working eighty (80) hours over nine (9) consecutive business days, Monday through Friday. However, Department Heads, with the City Manager approval, shall structure the work schedules for all management employees in their department. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community. In delivering these services Department Heads have the opportunity to consider flexible scheduling options. These scheduling opportunities shall remain solely at the City's discretion.
SECTION 10.0 SEPARATION
Upon separation from the City or upon the start of an extended leave from City employment (e.g., military duty, etc.), employees shall receive cash payment on a pro-rated basis for unused Administrative Leave and Holiday Hours. Said payment(s) shall be based upon the employee's accrued Administrative Leave and Holiday hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.
At that time, employees shall also receive full cash payment for any unused accrued vacation leave. As with Administrative Leave and Holiday Hours, said payment shall be based upon the employee's base salary rate at time of separation. However, employees shall not receive cash payment for any unused accrued sick leave. All of the aforementioned separation payments, City Council/RSA Agenda 77 Tuesday, May 24, 2022
15 including additional monies owed from negotiated severance packages, shall be paid to employees within 14 calendar days after separation and shall normally be expensed against the Retirement Reserve Fund or any such reserve fund which shall be established in the future to cover these types of expenses.
SECTION 11.0 DURATION
This Memorandum of Understanding is effective January 1, 2022 and shall continue in full force and effect through December 31, 2024.
For the City: For MEG:
Lilybell Nakamura, Human
Resources Director
Date Mark Camfield Date
Jeff Bailey, Union City
Negotiator
Date Lisa Bachman Date
Derek Farmer Date
Gloria Ortega Date
City Council/RSA Agenda 78 Tuesday, May 24, 2022
16 City of Union City and
Union City Management Employees
Side Letter of Agreement
This Side Letter is by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by the Group and adoption by the City.
City will meet and confer with MEG bargaining unit prior to adopting a remote work policy. The intent is to collaborate on policy language and implementation.
City Council/RSA Agenda 79 Tuesday, May 24, 2022
17 City of Union City and
Union City Management Employees
Side Letter of Agreement
This Side Letter is by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by the Group and adoption by the City.
The City will implement and make available to Group members, a Retiree Health Savings Plan (RHS) that does not incur any cost to the City within six (6) months of ratification of this agreement.
City Council/RSA Agenda 80 Tuesday, May 24, 2022
18 City of Union City and
Union City Management Employees
Side Letter of Agreement
This side letter refers specifically to the MOU requirement for the City to complete a comprehensive, timely and accurate compensation survey for MEG employee classifications. This Side Letter is by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by the Group and adoption by the City.
Pursuant to the Strategic Plan adopted by the City in FY 2020-21, the City recognizes its commitment to employees and has taken steps to engage a third-party consultant for the purposes of conducting a total compensation and benefits study for all city classifications City will meet and confer with Group before and during Citywide salary survey process.
The City will initiate the RFP process to retain consultant services for these purposes and will direct the consultant once retained to complete the survey as soon as practicable. The City strategic plan states that this survey will take place during calendar year 2022. Failure to complete the survey by end of calendar year 2022 shall give Group the option to re-open negotiations for the purpose of aligning salaries with comparable cities for the duration of this contract.
Pursuant to this Side Letter Agreement, the Group and the City agree to reopen negotiations regarding the selection of comparable cities, comparable job descriptions and comparable job duties for the sole purpose of meeting and conferring over potential equity adjustment increases based on the results of the completed total compensation and benefits survey.
City Council/RSA Agenda 81 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITYOF UNION
CITYAND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 (SEIU), AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING, AND APPROVING AN
AMENDMENT TO THE CITY'S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Staff recommends that the City Counciladopt a resolution approving the successor Memorandum of Understanding (the Successor MOU) between the City of Union City and Service Employees International Union Local 1021 (SEIU) for the period of January 1, 2022 through December 31, 2024, authorizing the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to attract qualified candidates and to retain talented staff.
BACKGROUND
The City and SEIU are parties to an existing MOU covering the period of January 1, 2019 through December 31, 2021 (the Existing MOU). Staff and SEIU have been negotiating in good faith on the Successor MOU since September 2021, prior to the expiration of the Existing MOU, and have continued to actively negotiate since that time. Both parties have now reached a tentative agreement on matters related to wages, hours, and other terms and conditions of employment, consistent with authority provided by the City Council, as reflected in the attached Successor MOU.
DISCUSSION
City Council/RSA Agenda 82 Tuesday, May 24, 2022
The Existing MOU expired on December 31, 2021. The SEIU membership ratified the Successor MOU on May 5, 2022. The Successor MOU does not become effective untilapproved by the City Council. The key updates to the Successor MOU are as follows:
Compensation
Cost of Living Adjustments:
Three percent (3%) effective the first full pay period following City Councilapproval; In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase from the first day of the first full pay period in January through the implementation date of the three percent (3%) salary increase referenced above.
Three percent (3%) effective the first full pay period following January 1, 2023; and Three percent (3%) effective the first full pay period following January 1, 2024.
Commercial Driver’s License Compensation:
Effective the first full pay period following City Councilapproval of this agreement, Increases incentive from three percent 3% to five percent 5% for Job Classification Code 50350 Maintenance Trainee-Streets
Adds 50532 Program Coordinator (PT) and 50161 Recreation Program Coordinator to eligible classifications for the three percent (3%) incentive
Increases 50330 Maintenance I-Streets and 50320 Maintenance II-Streets and 50341 Street Sweeper Operator base salary by five percent (5%) for requirement of Class A commercial license Revises the job descriptions to require a Class A commercial license and increases the base salary by five percent (5%) for the 50321 Heavy Equipment Mechanic I – Fleet and 50323 Heavy Equipment Lead - Fleet
EquityAdjustments:
One percent (1%) equity adjustment effective the first full pay period following City Councilapproval; in addition to the equity increase, the City will provide a one-time lump sum payment equivalent to the value of the one percent (1%) equity increase from the first day of the first full pay period in January through the implementation date of the one percent (1%) equity increase referenced above.
Effective the first full pay period following the adoption of the City’s comprehensive salary survey in 2022, the City will provide a market equity adjustment increase to any classification found to be ten percent (10%) or more below the market median in totalcompensation and benefits. Those classifications shall be adjusted to bring those classifications up to at least ten percent (10%) below the market median for totalcompensation and benefits. In no case shall the equity adjustments received by any bargaining unit employee exceed a total of ten percent (10%).
Continued Service Recognition:
In recognition of their many years of service, following City Councilapproval of this Agreement, allactive employees who have met the required years of service benchmarks and are employed as of May 24, 2022, shall be eligible to receive the following off-salary-schedule one-time lump sum payments, not reportable to CalPERS, based on their years of service:
Fifteen (15) through Nineteen (19) years of service: $500 Twenty (20) through Twenty-four (24) years of service: $1,000 Twenty-five (25) or more years of service: $1,500
Standby Pay:
Employees who are scheduled on a standby basis for Emergency Call-Out during their off-shift hours shall receive a standby allowance as follows:
Employees on standby on weekdays (i.e., a sixteen (16) consecutive hour period commencing with the end of the regular scheduled work shift Monday through Friday) shall receive a standby allowance of one (1) hour's pay at the employee's regular hourly rate for each weekday night of standby required.
City Council/RSA Agenda 83 Tuesday, May 24, 2022
Employees on standby on regularly scheduled days off and on holidays (i.e., a twenty-four (24) consecutive hour period commencing at 8:00 A.M.) shall receive a standby allowance of two (2) hours’ pay at the employee's regular hourly rate for each of the aforementioned days of standby required.
Hazard Pay:
Pays employees assigned to clean up blood borne pathogens (“BBP”) and other potentially infectious materials (“OPIM”) an additional five percent (5%) of the employee’s base salary in the employee’s present classification for all hours worked while so assigned.
Release Time for Union Training
Up to ten (10) Union officers and representatives identified by the Union shall be afforded a maximum of eighteen (18) hours paid release time per fiscal year without loss of compensation for the purpose of official internal Union trainings.
VacationAccrual and Sellback
Increases the third tier of vacation accrual for employees with 9-12 years of service by 4 (four) hours per year and updates the language for vacation sellback to be compliant with IRS constructive receipt and consistent with other bargaining units.
Holiday
Effective fiscal year 2022-2023, adds Juneteenth as a City holiday and reduces floating holidays from 27 hours to 24 hours. Updates the language for clarity and consistency.
Side letters of agreement
Incorporates side letters of agreement from the existing MOU.
FISCAL IMPACT
The estimated annualcost associated with this Successor MOU is approximately $317,935 plus an approximate one-time cost of $29,573.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the Successor MOU with SEIU for the period of January 1, 2022 through December 31, 2024, authorizing the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.
Prepared by:
Lilybell Nakamura, Human Resources Director
Submitted by:
Lilybell Nakamura, Human Resources Director
ATTACHMENTS:
Description Type
SEIUMOURESO5-24-2022 Resolution
City Council/RSA Agenda 84 Tuesday, May 24, 2022
SEIUMOU5-24-2022 tracked Attachment
SEIUMOU5-24-2022 finalclean Attachment
SEIUSalary Table (effective May 30, 2022 Attachment
City Council/RSA Agenda 85 Tuesday, May 24, 2022
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF UNION CITY AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 1021 (SEIU),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING AND APPROVING
AN AMENDMENT TO THE CITY’S SALARY SCHEDULE IN
CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Service Employees International Union Local 1021 (“SEIU”) expired on December 31, 2021; and
WHEREAS, the City and SEIU entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Union City Municipal Code, the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of SEIU on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and SEIU have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the membership of SEIU ratified the agreement as of May 5, 2022; and
WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and adopts the MOU for SEIU, effective May 24, 2022 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.
BE IT FURTHER RESOLVED that if any provisions related to the MOU contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail.
City Council/RSA Agenda 86 Tuesday, May 24, 2022
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective May 30, 2022.
City Council/RSA Agenda 87 Tuesday, May 24, 2022
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF UNION CITY AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION
(SEIU) LOCAL 1021
JANUARY 1, 2022 THROUGH DECEMBER 31, 2024
City Council/RSA Agenda 88 Tuesday, May 24, 2022
2 SECTION 1.0 RECOGNITION, DISCRIMINATION, & UNION ACTIVITIES ........................ 7
1.1 RECOGNITION............................................................................................................... 7
1.2 DISCRIMINATION......................................................................................................... 8
1.3 NOTICE TO EMPLOYEES ............................................................................................ 8 A. IMPLEMENTATION .................................................................................................. 8 B. EXCLUSION OF EMPLOYEES................................................................................. 8 C. PAYROLL DEDUCTIONS AND PAY OVER........................................................... 8 D. SERVICE FEE DETERMINATION ........................................................................... 8 E. RELIGIOUS EXEMPTION......................................................................................... 8
1.4 INDEMNIFICATION...................................................................................................... 8
1.5 DUES DEDUCTION ....................................................................................................... 8
1.6 BULLETIN BOARD USE, MEETING FACILITIES .................................................... 9
1.7 UNION REPRESENTATION ......................................................................................... 9 SECTION 2.0 COMPENSATION ............................................................................................... 10
2.1 SALARY............................................................................................................................. 10
2.2 SPECIAL ASSIGNMENT PAY......................................................................................... 12
2.3 ACTING PAY .................................................................................................................... 12
2.4 CALL BACK PAY............................................................................................................. 13
2.5 SPRAY OPERATION........................................................................................................ 13
2.6 BILINGUAL COMPENSATION ...................................................................................... 14
2.7 AUTOMATIC PAYROLL DEPOSIT................................................................................ 14 SECTION 3.0 JOB DESCRIPTIONS .......................................................................................... 16 SECTION 4.0 WORK SCHEDULES/OVERTIME..................................................................... 16
4.1 WORK WEEK, MEALS, AND BREAKS......................................................................... 16
4.2 OVERTIME........................................................................................................................ 17
4.3 MEAL ALLOWANCE....................................................................................................... 18
4.4 EMERGENCY CALL-OUT............................................................................................... 18 SECTION 5.0 RETIREMENT BENEFITS.................................................................................. 18
5.1 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)............................................ 18 A. CLASSIC MEMBERS ............................................................................................... 18 B. NEW MEMBERS....................................................................................................... 19
5.2 MILITARY BUYBACK .................................................................................................... 19
5.3 RETIREE HEALTH SAVINGS ACCOUNT .................................................................... 19 SECTION 6.0 LEAVE ADMINISTRATION.............................................................................. 19 City Council/RSA Agenda 89 Tuesday, May 24, 2022
3 6.1 SICK LEAVE ..................................................................................................................... 19 SICK LEAVE UTILIZATION............................................................................................. 20 SICK LEAVE NOTICE & CERTIFICATION .................................................................... 20
6.2 OCCUPATIONAL INJURY LEAVE ................................................................................ 20
6.3 PERSONAL LEAVE.......................................................................................................... 21 ADMINISTRATION............................................................................................................ 21
6.4 BEREAVEMENT LEAVE................................................................................................. 21
6.5 MILITARY LEAVE........................................................................................................... 22
6.6 JURY LEAVE .................................................................................................................... 22
6.7 UNPAID LEAVES OF ABSENCE.................................................................................... 22
6.8 HOLIDAYS ........................................................................................................................ 23 A. COMPENSATION FOR HOLIDAYS WORKED .................................................... 23 B. CHRISTMAS LEAVE OBSERVED ......................................................................... 24
6.9 CITY CLOSURE................................................................................................................ 24
6.10 VACATION...................................................................................................................... 24
6.11 PREMIUM PAY DURING PAID LEAVE...................................................................... 25 SECTION 7.0 PROBATIONARY PERIOD................................................................................ 25 SECTION 8.0 HEALTH AND WELFARE BENEFITS ............................................................. 26
8.1 MEDICAL INSURANCE .................................................................................................. 26
8.2 LIFE INSURANCE ............................................................................................................ 27
8.3 MEDICAL EXAMINATION............................................................................................. 27
8.4 FLEXIBLE BENEFIT PLAN............................................................................................. 27
8.5 DISABILITY INSURANCE .............................................................................................. 28 SECTION 9.0 SAFETY................................................................................................................ 28
9.1 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, UNIFORMS............................... 28
9.2 SAFETY SHOES/BOOTS/GLASSES ............................................................................... 28
9.3 SAFETY AND TRAINING COMMITTEE....................................................................... 29
9.4 WORKPLACE SAFETY.................................................................................................... 29
9.5 DMV EXAMINATIONS.................................................................................................... 29 SECTION 10.0 GRIEVANCE PROCEDURE/DISCIPLINARY PROCEDURE....................... 29
10.1 GRIEVANCE DEFINITIONS.......................................................................................... 29
10.2 GRIEVANCE PROCEDURE........................................................................................... 30
10.3 DISCIPLINARY DEFINITIONS..................................................................................... 31
10.4 SUSPENSION: NOTICE OF INTENT............................................................................ 31 City Council/RSA Agenda 90 Tuesday, May 24, 2022
4 SECTION 11.0 MISCELLANEOUS PROVISIONS................................................................... 32
11.1 EDUCATION REIMBURSEMENT................................................................................ 32
11.2 BENEFICIAL PRACTICES............................................................................................. 32
11.3 CONTRACTING OUT..................................................................................................... 32
11.4 HEALTH AND SAFETY................................................................................................. 33
11.5 FILLING OF VACANCIES............................................................................................. 33
11.6 PERSONNEL FILES........................................................................................................ 33
11.7 REVIEW OF OPERATIONAL ITEMS OF MUTUAL INTEREST............................... 33
11.8 SEPARABILITY .............................................................................................................. 34 SECTION 12.0 TRANSFER AND PROMOTION PROCEDURES........................................... 34 SECTION 13.0 DURATION........................................................................................................ 35 PART-TIME PROVISIONS......................................................................................................... 35 SECTION 1.0 RECOGNITION, DISCRIMINATION, AND UNION ACTIVITIES ................ 35
1.1 RECOGNITION ................................................................................................................. 35
1.2 MAINTENANCE OF MEMBERSHIP .............................................................................. 35
1.3 DISCRIMINATION ........................................................................................................... 35
1.4 AGENCY SHOP................................................................................................................. 35
1.5 INDEMNIFICATION......................................................................................................... 35
1.6 DUES DEDUCTION.......................................................................................................... 35
1.6 BULLETIN BOARD USE, MEETING FACILITIES ....................................................... 35
1.7 UNION REPRESENTATION............................................................................................ 35 SECTION 2.0 COMPENSATION ............................................................................................... 35
2.1 SALARY............................................................................................................................. 35
2.2 BILINGUAL COMPENSATION ...................................................................................... 35
2.3 AUTOMATIC PAYROLL DEPOSIT................................................................................ 35 SECTION 3.0 JOB DESCRIPTIONS .......................................................................................... 35 SECTION 4.0 OVERTIME.......................................................................................................... 35 SECTION 5.0 RETIREMENT BENEFITS.................................................................................. 35
5.1 PERS RETIREMENT ENHANCEMENT ......................................................................... 35
5.2 NEW MEMBERS............................................................................................................... 35 SECTION 6.0 LEAVE ADMINISTRATION.............................................................................. 35
6.1 VACATION AND SICK LEAVE...................................................................................... 35
6.2 BEREAVEMENT LEAVE................................................................................................. 35
6.3 JURY LEAVE .................................................................................................................... 35 City Council/RSA Agenda 91 Tuesday, May 24, 2022
5 6.4 HOLIDAYS ........................................................................................................................ 35
6.5 CITY CLOSURE................................................................................................................ 36 SECTION 7.0 PROBATIONARY PERIOD................................................................................ 36 SECTION 8.0 HEALTH AND WELFARE BENEFITS ............................................................. 36
8.1 INSURANCE...................................................................................................................... 36
8.2 MEDICAL INSURANCE .................................................................................................. 36
8.3 LIFE INSURANCE ............................................................................................................ 36
8.4 DISABILITY INSURANCE .............................................................................................. 36 SECTION 9.0 SAFETY................................................................................................................ 36 SECTION 1.0 GRIEVANCE PROCEDURE/DISCIPLINARY PROCEDURE......................... 36
10.1 GRIEVANCE DEFINITIONS.......................................................................................... 36
10.2 GRIEVANCE PROCEDURE........................................................................................... 36
10.3 DISCIPLINARY DEFITIONS ......................................................................................... 36
10.4 SUSPENSION: NOTICE OF INTENT............................................................................ 36 SECTION 11.0 MISCELLANEOUS PROVISIONS................................................................... 36
11.1 BENEFICIAL PRACTICES............................................................................................. 36
11.2 PERSONNEL FILES........................................................................................................ 36
11.3 SAVINGS CLAUSE......................................................................................................... 36
11.4 EDUCATIONAL REIMBURSEMENT........................................................................... 36 SECTION 12.0 TRANSFER PROCEDURE ............................................................................... 36
12.1 REALLOCATION OF POSITION .................................................................................. 36 SECTION 13.0 DURATION........................................................................................................ 36 9/80 ALTERNATE WORK SCHEDULE.................................................................................... 36
1. IMPLENTATION.............................................................................................................. 36 A. WORK PERIOD DEFINED.................................................................................... 36 B. DAYS OFF ................................................................................................................ 36 C. VACATION .............................................................................................................. 36 D. SICK LEAVE............................................................................................................ 36 E. BEREAVEMENT LEAVE...................................................................................... 37 F. MILITARY LEAVE, JURY DUTY........................................................................ 37 G. LUNCH PERIOD/BREAKS.................................................................................... 37 H. EXCEPTIONS .......................................................................................................... 37 I. WORKDAY............................................................................................................... 37 APPENDIX A-1............................................................................................................................ 38 City Council/RSA Agenda 92 Tuesday, May 24, 2022
6 APPENDIX B............................................................................................................................... 39 SIDE LETTER – TRANSFER GUIDELINES............................................................................. 40 City Council/RSA Agenda 93 Tuesday, May 24, 2022
7 MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF UNION CITY AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION, LOCAL 1021
Preamble
We the undersigned duly appointed representatives of the Service Employees International Union Local 1021, hereinafter referred to as the "Union", having met and negotiated in good faith, do hereby jointly prepare, and execute this Agreement. It is understood the provisions herein set forth supersede previous Memoranda between the City of Union City and Service Employees International Union Local 1021, as well as other terms and conditions set forth in resolutions or ordinances referenced herein.
SECTION 1.0 RECOGNITION, DISCRIMINATION, & UNION
ACTIVITIES
The City shall provide reasonable release time to the Chapter President or their designee to make a 30-minute new hire presentation about SEIU Local 1021.
1.1RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining representative for the following full-time and part-time classifications as well as any new related classifications, upon mutual agreement between the City and the Union. If agreement cannot be reached, the California State Conciliation Service shall make the determination:
Administrative Assistant I Maintenance II – Streets
Administrative Assistant II Maintenance Trainee – Streets Administrative Assistant III Maintenance Trainee – Parks & Grounds Building Permit Clerk Neighborhood Pres Specialist
Building Permit Technician Office Specialist I
Building/Code Compliance Inspector Office Specialist II Building/Code Compliance Inspector – Trainee Office Specialist III Community Development Technician Pre-School Site Supervisor II Digital Marketing Specialist Public Works Inspector
Facilities Maintenance Attendant Public Works Maintenance II Facility Maintenance Worker Recreation Administrative Technician Finance Specialist I Recreation Program Coordinator
Finance Specialist II Recycling Program Coordinator
Finance Specialist III Senior Public Works Inspector
Lead Facilities Maintenance Worker Special Projects Coordinator Lead Outreach Worker Street Outreach Worker
Lead Vehicle Heavy Equipment Mechanic Street Sweeper Operator Leisure Services Maintenance Worker Vehicle Heavy Equipment Mechanic Maintenance I – Parks & Grounds Vehicle Heavy Equipment Mechanic – Trainee City Council/RSA Agenda 94 Tuesday, May 24, 2022
8 Maintenance II – Parks & Grounds Vehicle Equipment Technician Maintenance I - Streets Youth Employment Coordinator
Transit Coordinator
CRS Program Manager
Leisure Services Program Coordinator
Leisure Services Program Manager
Preschool Site Supervisor I
Senior Recreation Leader
The City agrees to notify the Union each month of all new employees hired into positions represented by the Union. The City shall provide each newly hired represented employee with a copy of the Memorandum of Understanding and a Local 1021 membership application form.
The City shall provide reasonable release time to the Chapter President or their designee to make a 30-minute new hire presentation about SEIU Local 1021.
1.2DISCRIMINATION
The City and Union agree that they shall not discriminate in any way on account of race, creed, religion, sex, age, sexual orientation, national origin, political affiliation, handicap status, or for Union activity, to the extent prohibited by applicable state and federal law.
1.3NOTICE TO EMPLOYEES
The Union may post within the employee work or rest area a written notice which sets forth the classifications included within each representation unit which includes any classification existing in the City and the name and address of the recognized employee organization for each such unit.
The City shall also give a written notice to persons newly employed in representation unit classifications which notice shall contain the name and address of the employee organization recognized for such unit; the fact that the Union is the exclusive bargaining representative for the employee's unit and classification; and a copy of the current MOU to be supplied by the Union. theirtheirtheir.
1.4 theirtheirtheirtheirINDEMNIFICATION
The Union shall indemnify and hold harmless the City, its officers, and employees from and against any and all loss, damages, costs, expenses, claims, attorney fees, court costs, demands, actions, suits, judgements, and other proceedings arising out of any action resulting from Section
1.3or Section 1.5of this Agreement.
1.5DUES DEDUCTION
Automatic Payroll Deductions and Remittance
Upon certification by the Union that an employee has signed a deduction authorization card, the Employer will deduct the appropriate dues from the employee's pay as established, and as may be City Council/RSA Agenda 95 Tuesday, May 24, 2022
9 changed from time to time, by the Union and remit such dues to the Union. Employee requests to cancel or change deductions must be directed to the Union rather than the Employer. Deductions will continue unless and until the City receives written notice of cancellation from the Union.
The Union will be the custodian of records for such Authorization Card and will provide the City with a certification that it has and will maintain a deduction Authorization Card, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s deduction Authorization Card unless a dispute arises about the existence or terms of the deduction Authorization Card.
However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.
The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in an unpaid status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in an unpaid status during only part of the pay period and whose salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions have priority over union dues.
The Executive Secretary of SEIU Local 1021 shall notify the City in writing as to the amount of such dues uniformly required of all members of the Union. Monies withheld by the City shall be transmitted to the Officer designated in writing by the Executive Secretary of the Union as a person authorized to receive such funds at the address specified.
1.6BULLETIN BOARD USE, MEETING FACILITIES
City shall provide reasonable space on bulletin boards for official Union notices and the area stewards shall be responsible for maintenance of same. City shall reasonably make available conference rooms or other meeting areas for the purpose of holding Union meetings during offduty time periods at no cost to the Union. Requests for such facilities must follow established procedures with the appropriate City representatives, and whenever possible, notice shall be given by the Union forty-eight (48) hours in advance of the meeting.
1.7UNION REPRESENTATION
The Union may select four (4) shop stewards, one from each of the following work locations: 1.) Parks, 2.) Streets, 3.) Fleet, Buildings and City Hall, 4.) Leisure Services (Full time and Part time). The Union shall promptly advise the Human Resources Director in writing of the names of the stewards, chapter officers, and negotiating team members. Stewards will be allowed reasonable time off during regular work hours without loss of compensation or other benefits when engaged in investigating and assisting employees at their work location in the resolution of grievances.
Union officers and representatives shall be granted reasonable access to employee work locations upon advising appropriate management personnel. City shall further allow a reasonable number of Union negotiating committee members' reasonable time off during regular working hours City Council/RSA Agenda 96 Tuesday, May 24, 2022
10 without loss of compensation or other benefits when engaged in negotiations with City representatives. In addition, up to ten (10) Union officers and representatives identified by the Union shall be afforded a maximum of eighteen (18) hours paid release time per fiscal year without loss of compensation for the purpose of official Internal Union trainings. City and Union further agree that good labor relations are fostered and maintained through prompt, decisive and fair adjustment of individual grievances at the lowest possible administrative level.
1.8DATA TO UNION
The City shall furnish the Union, on a monthly basis, the name, date of hire, salary, classification, work location, job title, department, work phone number, home phone number, personal cell phone number, personal email address on file with the City and home address of all newly hired subject to this Agreement. The City shall provide the Union with the same information for active employees at least once every four months.
SECTION 2.0 COMPENSATION
Salary Step increases shall be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs.
An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.
2.1 SALARY
COST OF LIVING:
Effective the first full pay period following City Council approval of this agreement, , all classifications in the bargaining unit shall receive salary increase of 3.0%. In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
Effective the first full pay period in January 2023, all classifications in the bargaining unit shall receive salary increase of 3.0%.
Effective the first full pay period in January 2024, all classifications in the bargaining unit shall receive salary increase of 3.0%.
EQUITY ADJUSTMENTS:
Effective the first full pay period following City Council approval of this Agreement, the City will provide a market equity adjustment increase for all classifications in the bargaining unit of one percent (1.0%). In addition to the equity increase, the City will City Council/RSA Agenda 97 Tuesday, May 24, 2022
11 provide a one-time lump sum payment equivalent to the value of the one percent (1%) equity increase for the period of the first full pay period in January through the implementation of the one percent (1%) equity increase referenced above. Effective the first full pay period following the conclusion of the City’s comprehensive salary survey in 2022, the City will provide a market equity adjustment increase to any classification found to be ten percent or more below the market median in total compensation and benefits. Those classifications shall be adjusted to bring the classifications up to at least ten percent (10%) below the market median for total compensation and benefits. In no case shall the equity adjustments received by any bargaining unit employee exceed a total of 10%.
CONTINUED SERVICE RECOGNITION
In recognition of their many years of service, following City Council approval of this Agreement, all active employees who have met the required years of service benchmarks and are employed as of 5/24/22 shall be eligible to receive the following off-salary-schedule one-time lump sum payments based on their years of service:
Fifteen (15) through Nineteen (19) years of service: $500 Twenty (20) through Twenty-four (24) years of service: $1,000 Twenty-five (25) or more years of service: $1,500
This one-time benefit applies to employees who have met the required years of service benchmarks on 5/24/22, on a one-time basis and not thereafter. The payment shall be provided by no later than [insert date]. The off salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated November 10, 2016.
2.2 Commercial Driver's License Compensation
o Effective the first full pay period following City Council approval of this agreement, the City shall compensate each individual, who is an incumbent in the following position and possesses and maintains a commercial Class A Driver's License, a 5.0% differential based on the employee’s base salary. 50341 Street Sweeper Operator
o Effective the first full pay period following City Council approval of this agreement, the City shall revise the job descriptions to require a commercial Class A Driver’s license and increase the base salary by 5% for the following positions:
50321 Heavy Equipment Mechanic I – Fleet
50323 Heavy Equipment Lead - Fleet
o Effective the first full payroll period following City Council approval of this agreement, the City shall compensate each individual, who is an incumbent in the City Council/RSA Agenda 98 Tuesday, May 24, 2022
12 following position and possesses and maintains a commercial Driver's License, a
3.0% differential based on the employee’s base salary.
50532-Program Coordinator
50161-Recreation Program Coordinator
:
o
o
o
o
2.3 SPECIAL ASSIGNMENT PAY
Special assignment pay may also be granted with the provisions outlined in Section 4.03 of the Personnel Systems Rules and Regulations:
"The Appointing Authority may, upon recommendation of the appropriate department head, award up to an additional 5% salary increase to an employee for special assignment. Such discretionally additional compensation shall be assigned only for the regular and continuous performance of special assignments and shall not be used as a merit or bonus payment."
2.4 ACTING PAY
An employee assigned in writing by the department head, who pursuant to such assignment, does assume and perform all the ordinary day to day duties and responsibilities of a position of a higher classification for one (1) or more full workday shall be paid an additional five percent (5%) of the regular pay of their own classification, or the first step of the higher classification, whichever is greater, for such time worked in the highest classification. Acting Pay compensation shall not exceed the top step of the higher classification (except for Acting Sweeper Operators as noted below).
Maintenance Worker I employees who are assigned as a relief sweeper operator will be paid acting pay of ten percent (10%) for all hours during which employees are assigned to sweeper responsibilities.
The City retains the right to determine the circumstances under which Acting Pay will be assigned. When the City makes such an assignment it shall be done in a manner consistent with Section 2.3 of the MOU.
Work assignments of Union employees shall not be changed for the sole purpose of evading the requirements of providing acting pay to an employee who would otherwise be eligible. Acting assignments of thirty (30) days or more shall be rotated, provided the employee is certified as qualified, on the basis of seniority every three months.
Within Public Works, rotation shall be as follows:
City Council/RSA Agenda 99 Tuesday, May 24, 2022
13 Work assignments of Union employees shall not be changed for the sole purpose of evading the requirements of providing acting pay to an employee who would otherwise be eligible. Acting assignments of thirty (30) days or more shall be rotated within the affected crew, to each employee who is certified as qualified, on the basis of seniority within the affected crew, every 30 days.
Acting assignments of less than thirty (30) days shall also be rotated on the basis of seniority pursuant to overtime assignment processes.
Within Public Works, acting assignment appointment shall be made as follows:
Acting assignments of less than thirty (30) days shall be offered on the basis of seniority within the affected crew, pursuant to overtime assignment processes.
2.5 CALL BACK PAY
An employee called back to work on their day off or called back to work after he/she has completed their regular shift working day and has left their place of employment, shall be paid a minimum of two (2) hours at time and one half of their regular hourly rate of pay. Employees called back to work on weekends and holidays shall be paid a minimum of three (3) hours at time and one half of their regular pay. Employees called back to work between midnight and the beginning of their regular shift shall be paid a minimum of four (4) hours at time and one half their regular straight time pay. It is expressly understood that an employee who works overtime immediately subsequent to their regular work shift shall be compensated at the overtime rate of pay for the time actually worked, with no minimum number of hours of overtime guaranteed.
2.6 SPRAY OPERATION
The City agrees to compensate Maintenance I Building & Grounds employees who maintain a valid Certified Applicator's license and who are assigned to perform spray operations tasks additional 5% Special Assignment pay. The special assignment compensation premium for Spray Operation will be rotated among eligible employees who maintain a valid Certified Applicator's license, on a date-of-hire seniority basis. Only one employee shall receive the additional compensation at any given time, and the assignment shall be rotated every three months.
Additionally, the City agrees to pay the required fees for employees who obtain and maintain a valid Certified Applicator's license. The payment of required fees shall be limited to the following:
Class Registration fees
Application license fees
Renewal license fees
It is understood that the City will provide paid release time, for certification purposes, when required applicator classes are attended during normal working hours. Such paid leave shall be City Council/RSA Agenda 100 Tuesday, May 24, 2022
14 for maximum of 20 hours biannually in recognition of new State training standards for pesticide applicators. It is further understood that the City will not incur any overtime payments as a result of attendance at such classes.
2.7 BILINGUAL COMPENSATION
The City will compensate each Union employee one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing oral bilingual skills. The City will compensate each Union employee one hundred and twenty-five dollars ($125) pe r month ($
57.69 per pay period) as compensation for providing oral and written bilingual skills. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently or read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
The City will compensate each Part-time Union employee fifty dollars ($50) per month ($23.08 per pay period) as compensation for providing oral bilingual skills. Employees whose positions are greater than part-time but are less than full time will be compensated seventy-five dollars ($75) per month ($34.62 per pay period) as compensation for providing oral bilingual skills. The City will compensate each Union employee sixty-two dollars and fifty cents ($62.50) per month ($28.85 per pay period) as compensation for providing oral and written bilingual skills.
Employees whose positions are greater than part-time but are less than full time will be compensated ninety dollars ($90) per month ($41.54 per pay period) as compensation for providing oral and written bilingual skills. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently, read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
2.8 STANDBY PAY
Employees who are scheduled on a standby basis for Emergency Call-Out during their off-shift hours shall receive a standby allowance as follows:
Employees on standby on weekdays (i.e., a sixteen (16) consecutive hour period commencing with the end of the regular scheduled work shift Monday through Friday) shall receive a standby allowance of one (1) hour's pay at the employee's regular hourly rate for each weekday night of standby required.
Employees on standby on regularly scheduled days off and on holidays (i.e., a twentyfour (24) consecutive hour period commencing at 8:00 A.M.) shall receive a standby allowance of two (2) hours’ pay at the employee's regular hourly rate for each of the aforementioned days of standby required.
City Council/RSA Agenda 101 Tuesday, May 24, 2022
15 The standby program for eligible Public Works employees shall be subject to the following terms:
All PW Maintenance Worker I/II employees are eligible to volunteer to be on the standby list.
Employees on the standby list will require training on the following:
o Backhoe operations
o Traffic control safety
o Chainsaw/ downed limb safety and right of way clearing o Small spill containment
o Water shut off for parks and landscapes
Employees will be assigned to the standby schedule by the Department on a rotating biweekly basis following the City’s pay periods. An employee scheduled for standby may switch a scheduled shift with another employee on the standby list only with advanced notice and approval from the Department.
While on standby employees must carry the dedicated City-provided duty phone on their person or nearby in order to respond to calls in a timely manner. Employees must ensure that there is sufficient cellular reception to be able to receive calls/messages on the City-provided duty phone or must forward calls to a functioning phone line. While on standby employees must answer calls or call back within ten (10) minutes of receiving a call, and when needed report to the Corporation Yard within thirty (30) minutes of the call.
An employee that fails to respond in a timely manner as described above shall not receive standby pay for that day.
Repeated failure to respond beyond two occasions over a 12-month period could result in placement at the bottom of the standby list.
2.9 HAZARD PAY
The City agrees to pay Employees assigned to clean up blood borne pathogens (“BBP”) and other potentially infectious materials (“OPIM”) an additional five percent (5%) of the employee’s base salary in the employee’s present classification for all hours while so assigned.
Other potentially infectious materials (“OPIM”) means the following: (1) human body fluids including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) HIV-containing cell or tissue cultures, organ cultures, and HIVor HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
Employees assigned will be fully trained to perform the assignment according to CalOsha Requirements. The City agrees to minimize employee exposure to any hazardous materials by continuing to solicit contractors to perform hazardous clean ups.
City Council/RSA Agenda 102 Tuesday, May 24, 2022
16 2.10 AUTOMATIC PAYROLL DEPOSIT
Payroll payments shall be deposited through the Automated Payroll Process to an account designated by the employee. Employees have the responsibility to designate an account that meets requirements of Automated Clearing House (ACH).
SECTION 3.0 JOB DESCRIPTIONS
City and Union agree to jointly review all future amended and new job descriptions. City agrees to give the Union two weeks' notice prior to submittal of the descriptions to the City Council for approval. Upon notice to the City, the Union may request to meet and confer, in accordance with the MMBA, regarding the modifications of current job descriptions or the creation of future job descriptions. No new or amended job descriptions will be forwarded to the City Council or posted unless and until the Union has had an opportunity to review them.
Employees have a right to request a desk audit from their supervisor if they feel that the duties in their job descriptions have substantially changed. The City reserves the right to determine whether or not an employee's request for a desk audit is appropriate and will not unreasonably deny any such request. In the event the City denies an employee's request for a desk audit, the City agrees to meet with the Union to discuss the employee's request, and further agrees to provide the Union with a written statement citing the reason(s) for its denial. All desk audits will be completed within 90 days of the initial request by the employee; should this time frame be impossible to achieve, the City agrees to provide the Union with advance written notice of the circumstances for the delay, and to complete the requested desk audit(s) within a reasonable amount of time. No employee will be harassed, discriminated, or retaliated against in any way for making such a request.
SECTION 4.0 WORK SCHEDULES/OVERTIME
4.1 WORK WEEK, MEALS, AND BREAKS
A full-time employee shall be assigned a work week which shall consist of five (5) consecutive days of
eight (8) consecutive hours including an unpaid, duty-free lunch period with two consecutive days off within a seven-day period, 9/80 which shall consist of working 9 hours four days a week (Monday thru Thursday) and either having the Friday off or working 8 hours on that day, or 4/10 consisting of working 10 hours a day four days a week. Each day of work shall include an unpaid, duty-free lunch period. Each work week shall include either two or three consecutive days off within a seven-day period,
For employees working a 9/80 schedule, the work week for purposes of weekly overtime shall commence and end at the midpoint of their regular work schedule on the employee's 8-hour workday. For all employees except some employees in Leisure Services and Public Works, this midpoint shall be on Friday. Supervisors will be responsible for monitoring employees' hours to ensure they do not work overtime inadvertently or without prior approval. The timecard of an City Council/RSA Agenda 103 Tuesday, May 24, 2022
17 employee who works their regular 9/80 schedule and does not work overtime during a pay period shall show a total of eighty (80) hours.
It is understood that Management may adjust the above schedule to meet service needs, and the City may also offer, on a case-by-case basis, flexible schedules to employees, subject to mutual agreement between the City and the employee. Breaks shall be taken in accordance with Federal and/or State law.
4.2 OVERTIME
Any work required in excess of the normal workday or workweek shall be considered overtime work. Overtime work shall be recognized only when directly ordered or required by the City Manager, department head, or their designee. Overtime work shall be compensated at the rate of time and one-half the base pay rate, except that time worked on the 7th consecutive day of the work week shall be paid at two times the hourly rate of pay, provided that the employee must work a full shift on the 5th day or be called in to work for four (4) or more hours on that day.
Any full day off (with or without pay) that is not a City holiday is not counted as a workday for the purpose of calculating the 7th consecutive day overtime. Base pay shall include straight time pay, acting pay and special assignment pay when calculating overtime pay.
A paid day off and/or any additional day off which occurs as a result of an alternative schedule shall be counted as a consecutive workday. Hours worked beyond twelve (12) consecutive hours shall be compensated at double time except that an employee called into work whose work period extends into the next working day shall be paid at the normal rate of pay during normal work hours. In a declared emergency, employees working (12) consecutive hours shall be compensated at the rate of double time, even if the twelve consecutive hours extend into the normal workday.
Department procedures for distribution or overtime work will not be changed to avoid the payment of double time. An employee may select compensatory time off in lieu of pay for overtime. In such a case, compensatory time off may be accrued to a maximum of one hundred fifty (150) hours. Hours earned beyond the maximum will be paid out in the employee's paycheck.
Approval for the utilization of such leave shall be contingent upon the impact of operating requirements and funding available. No overtime shall be incurred by granting of compensatory time off requests. In non-emergency cases, the employee shall request use of compensatory time off forty-eight (48) hours in advance.
Seniority lists shall be established in each Public Works Department division by classification and all overtime hours worked shall be credited to each employee. The employee with the fewest number of credited overtime hours shall have the first overtime opportunity. In the case of an equal number of overtime hours worked, the most senior employee shall have the first overtime opportunity. In the event that no employee will voluntarily work offered overtime, the immediate supervisor may assign the employee with the least seniority in that classification to said overtime assignment. When the need for overtime is known sufficiently in advance, the City agrees to notify employee's three days prior to the actual overtime assignment. On June 30th of City Council/RSA Agenda 104 Tuesday, May 24, 2022
18 each even numbered year, overtime hours accumulated for the purpose of assignment shall be reduced to zero.
Except in instances of emergency call-out, hold over (hold over shall mean continuation of a job or project in progress) or specialized skill related to equipment operation, all employees shall have an equal opportunity to work overtime. Hold over assignments which continue after the normal end of any regular workday may be assigned to the same employees who already were working on the job or project. No call-outs will be made from the established overtime assignment to assure continuity of the job or project.
4.3 MEAL ALLOWANCE
The City shall reimburse employees up to $10.00 for meals, or, at the City's option, provide an equivalent meal, when the employee works two (2) or more hours immediately following a regular shift and shall provide an additional $10.00, or, at the City's option, provide an additional equivalent meal, for each additional four (4) hours of work thereafter. For example, an employee who works six (6) hours immediately following a regular shift could be reimbursed up to $20.00 toward meals. Receipts are required for reimbursement.
4.4 EMERGENCY CALL-OUT
Emergency call-out lists will be established for emergency call-out purposes by Division. One list will include only those employees living within a twenty-mile radius of Union City and the second will include only those employees living outside a twenty-mile radius of Union City. In the event no employee residing within the twenty-mile limit is available for emergency call-out, those employees who live outside the twenty-mile limit shall be contacted for call-out.
SECTION 5.0 RETIREMENT BENEFITS
5.1 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the employee's portion of the CalPERS contribution and reports the payments as Employer Paid Member Contributions (EPMC) on behalf of the CalPERS classic members. For classic members receiving payments based on the 2.5% at 55 formula, these payments are equal to 8% of the member employees' reportable income. For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
A. CLASSIC MEMBERS
2.5 at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula. Beginning June 5, 2006, the City and SEIU agreed to employee cost sharing. The historical cost sharing payments made by these employees is as follows:
Effective June 5, 2006, 3.5%.
Effective July 26, 2010, 8%.
City Council/RSA Agenda 105 Tuesday, May 24, 2022
19 Effective May 25, 2010, 8.5%.
Effective the Payroll period including June 22, 2015, 9.0%. Effective the payroll period including June 20, 2016, 9.5%. 2% at 60: Employees hired on or after November 24, 2010, are provided benefits under the CalPERS 2% at 60 retirement formula, with benefits calculated based on their highest three-year average pensionable salary. The Parties also agreed to employee cost sharing to cover a portion of the costs of the City's CalPERS contributions. The historical cost sharing payments made by these employees is as follows:
Effective November 24, 2010, 7%.
Effective May 25, 2015, 7.5%.
Effective the Payroll period including June 22, 2015, 8.0%. Effective the payroll period including June 20, 2016, 8.5%.
B. NEW MEMBERS
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula. New members have historically contributed to CalPERS as follows:
Effective January 1, 2013, 7%.
Effective May 25, 2015, 7.5%.
Effective June 22, 2015, 8%
Effective the payroll period including July 1, 2016, 8.5%.
5.2 MILITARY BUYBACK
The City has amended the PERS contract to allow for the military buy-back provisions at employee's cost.
5.3 RETIREE HEALTH SAVINGS ACCOUNT
The City and Union agree to discuss the feasibility of implementing a Retiree Health Savings Account program for Union employees, in accordance with applicable Federal law and tax regulations.
SECTION 6.0 LEAVE ADMINISTRATION
Add part-time proration for leaves
6.1 SICK LEAVE
Employees shall earn 3.69 hours per pay period of sick leave without limit on accumulation.
Employees absent without pay for any reason for more than 36 hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave records shall be City Council/RSA Agenda 106 Tuesday, May 24, 2022
20 maintained on an hourly basis. Sick leave shall be taken in periods of no less than fifteen (15) minutes.
SICK LEAVE UTILIZATION
Sick leave may be utilized due to the employee's personal illness, injury, maternity, or sickness or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum No. 21, Administration of Sick Leave which shall serve as the operating guideline for both employees and management.
Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes for a minimum of one (1) hour and shall not exceed four (4) hours except in unusual circumstances.
Absence for illness may not be charged to sick leave if not already accumulated by the employee. It is the City's intent that discussions regarding an employee's attendance take place in conditions that ensure the employee's privacy rights are safeguarded.
Employees who become ill during a scheduled vacation may have sick leave substituted for vacation hours for the days/hours of the illness/injury, provided a medical verification of treatment from the attending physician is provided promptly on return to work. An employee unable to perform all the normal and regular job assignments due to personal illness or non-jobrelated injury, may request light duty assignments in lieu of sick leave absence, when such assignments are authorized in writing by the employee's attending physician. Light duty assignments are subject to work availability and approval by the supervisor.
SICK LEAVE NOTICE & CERTIFICATION
In order to receive compensation while absent on sick leave, the employee or someone on their behalf shall notify their immediate supervisor prior to or within one (1) hour after the time set for reporting to work except in unusual circumstances. When absence is for three (3) or more consecutive workdays, the employer may require the employee to- file a physician's certificate stating cause of absence with the supervisor, for forwarding to the Human Resource Department.
The intent of this provision shall not be circumvented by the return of an employee to work for one day and, thereafter taking sick leave for more than three (3) consecutive workdays.
6.2 OCCUPATIONAL INJURY LEAVE
For employee injury or disability falling within the prov1s1ons of the State Worker's Compensation Disability Act, additional compensation equal to the difference between 85% of said employee's regular pay and their disability compensation allowable shall be paid for a total not to exceed 176 hours per year, commencing from the date of injury or equal to one- half (1/2) of the amount of the employee's accumulated sick leave as of July 1, each year. Leave taken subject to this provision is not reportable to CalPERS and is excluded from service and pension consideration. Included in the calculation of the 176 hours granted will be compensation for any waiting period. Following exhaustion of this benefit, an employee may utilize accumulated sick leave to the extent available to make up the difference between said employee's regular pay and their disability compensation allowance.
City Council/RSA Agenda 107 Tuesday, May 24, 2022
21 An employee unable to perform all the normal and regular job assignments due to the on- the job injury or illness, may be assigned to modified duty function by the supervisor, when such assignments are authorized and approved by the attending physician and when appropriate work assignments are available.
Additionally, the City will continue medical, dental, v1s1on care and life insurance premiums for the injured employee and their family at the regular rate for the period the employee is on authorized occupational injury leave.
6.3 PERSONAL LEAVE
The City shall allow twenty (20) hours per year of accumulated sick leave to be used for conducting personal business activities. Personal business activities are. defined as business that cannot be conducted at a time not in conflict with the employee's workday or an emergency over which he/she has no control which requires immediate attention, or for matters affecting the immediate welfare of the employee's family as defined in Section 6.04 of this · MOU. Personal leave shall not be used as a substitute for, or in conjunction with vacation leave, nor shall it be used to attend social activities. A maximum of eight (8) hours of personal leave, not used during the fiscal year may be accumulated in addition to the regular 20-hour allowance, increasing the personal leave allowance to twenty-four (28) hours within the fiscal year.
In addition, employees who have accumulated a minimum of 100 hours of sick leave as of July 1 of the fiscal year may utilize eight (8) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year or employees who have accumulated 200 hours of sick leave by the beginning of the fiscal year may utilize 12 additional hours of accumulated sick leave for personal leave purpose. Personal leave hours credited under this provision are non-cumulative.
ADMINISTRATION
It is expressly understood that as long as the employee complies with the request deadline and form completion requirements, the only additional inquiry that can be made by a supervisor/management staff member is whether the reason for Personal Leave request can be accomplished other than during the employee’s regular work hours.
The employee must request personal leave if non-emergency, at least two (2) workdays prior to time of utilization on the form provided. In cases of emergency, the two (2) workday notification procedure may be waived by the immediate supervisor, provided the form is completed and the reason for the request is stated.
6.4 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed five working days upon the death of a member in the employee's immediate family. Days can be used either consecutively or non-consecutively.
City Council/RSA Agenda 108 Tuesday, May 24, 2022
22 Immediate family is defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepchild, domestic partner, and other individuals residing in the household for whom employee has legal guardianship. Employees shall be granted up to one workday bereavement leave to attend the funeral of a close relative not in the employee's immediate family (for example, aunts and uncles).
Employees shall also be granted time off to attend funerals of fellow employees consistent with operating requirements.
6.5 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their department head an opportunity, within the limits of military requirements, to determine when such leave shall be taken.
6.6 JURY LEAVE
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. If at least one- half of the employee's normal day shift remains (when the employee returns to Union City), the employee shall return to work. If the employee's work shift is other than a day shift, said employees shall not be required to report to work on that day. Payment and retention of Juror Service Fees shall be governed by State law. Employees are allowed to keep any mileage or transportation allowance paid by the court. Verification of Jury Leave attendance is required.
6.7 UNPAID LEAVES OF ABSENCE
The City Manager, upon written request of a full-time employee other than a probationary employee, may grant for the good of service, a leave of absence without pay for a maximum period of one (1) year. The City Manager may grant an extension or an approved leave of absence without pay for an additional period, said extension not to exceed one (1) year.
Leave may be granted if it does not have an unduly adverse impact on the service, the purpose of the leave would be beneficial to the City or would meet some pressing and extreme need of the employee. Requests for an unpaid leave of absence for the birth or adoption of a child may be submitted pursuant to this provision, and consistent with Administrative Policy Memorandum #21 and the Family Medical Leave Act. Whenever granted, such leave shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee shall be reinstated to the position held at the time the leave was granted and said employee shall retain their seniority based on years of service earned prior to the leave of absence. Failure of the employees to report promptly at the expiration of the leave of absence or within a reasonable time after notice to return to duty shall terminate their right to be reinstated.
Notwithstanding the above, the City will comply with the provisions of the Family Medical Leave Act of 1993, effective February 5, 1994, and the California Family Rights Act of 1991, as City Council/RSA Agenda 109 Tuesday, May 24, 2022
23 amended and defined by regulations to be issued by the State Department of Fair Employment and Housing and the U.S. Department of Labor.
6.8 HOLIDAYS
The City shall observe the following guaranteed holidays:
New Year’s Day January 1
Martin L. King Jr.’s Birthday 3
rd Monday in January
President’s Day 3
rd Monday in February
Memorial Day Last Monday in May
Juneteenth (Effective calendar year 2023) June 19th
Independence Day July 4th
Labor Day 1
st Monday in September
Veteran’s Day November 11th
Thanksgiving Day 4
th Thursday in November and Friday
after Thanksgiving
Christmas Eve December 24th– See 6.8 (B) below
Christmas Day December 25th
In the event a designated holiday falls upon a normal day off which is either Saturday or the first day of the two regularly scheduled days off, the employee shall observe the previous day as the holiday. In the event a designated holiday falls on a normal day off which is either a Sunday or the second day of the two regularly scheduled days off, the employee shall observe the following day as the holiday.
Effective fiscal year 2022-2023, each employee shall also be granted twenty-four (24) hours of floating holiday per fiscal year which may be scheduled for use upon approval. Any floating holiday hours not used within the fiscal year earned may not be accumulated. The City shall determine the number of holidays falling on a Dark (non-working) Friday for which an employee shall be eligible for floating holiday time prior to the end of July of each year and credit the employee's floating holiday bank with the appropriate number of hours in the pay period prior to the period that the Dark (non-working) Friday falls..
Effective two pay periods after adoption of this MOU, the City shall credit each employee in the bargaining unit with one floating holiday.
A. If an employee is hired from City employment during the fiscal year the number of floating holiday accruals shall be prorated based on when the floating holiday occurs. COMPENSATION FOR HOLIDAYS WORKED
Prior approval for holiday work must be obtained from the City Manager, except in an emergency where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.
City Council/RSA Agenda 110 Tuesday, May 24, 2022
24 Full-time employees(s) working an alternative work schedule, i.e., Tuesday - Saturday, will receive a floating holiday credit for each holiday that falls on a non-workday. (i.e., Mondays - Memorial Day, Labor Day); such full time-employee(s) who must work on a City holiday which falls on a regular workday will receive time and one-half compensation, plus credit for a full floating holiday.
B. CHRISTMAS LEAVE OBSERVED
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday.
6.9 CITY CLOSURE
The City shall be closed between Christmas Eve and New Year's Day. During the period between Christmas Eve and New Year's Day, an employee can take accrued vacation, floating holiday, compensatory time or take the time without compensation. Sick and personal leaves are not eligible leaves for use during the closure. However, employees who become ill during the furlough may have sick leave substituted provided a medical verification of treatment from the employee's attending physician is provided promptly on return to work. Physician certificate should specify date(s) of illness. The City maintains the right to determine essential services which will still operate during the closure between Christmas Eve and New Year's.
6.10 VACATION
From the beginning of employment with the City through completion of three (3) years of fulltime service, an employee shall earn 3.08 hours vacation leave per pay period.
Employees shall receive cash payment for unused vacation earnings at their current salary rate at the time of separation. Preference shall be given to the most senior employees within a classification in a division in scheduling a vacation.
Effective on the adoption of the MOU, employees shall accrue vacation in accordance with the table below:
Years of Completed
Service
BiWeekly
Accrual
Annual
Accrual Rate
0-3 Years 3.08 Hours 80 Hours
4-8 Years 4.62 Hours 120 Hours
9-12 Years 5.38 Hours 140 Hours
13-15 Years 6.15 Hours 160 Hours
16 Years and Over 7.69 Hours 200 Hours
Employees may not use vacation benefits during the first six months of service except during the holiday furlough between Christmas Eve Day and New Year's Day. Vacation benefits are City Council/RSA Agenda 111 Tuesday, May 24, 2022
25 accrued bi-weekly and may be accrued to a maximum balance of two times the annual accrual rate.
If the employee reaches maximum accrual, they will no longer accrue vacation until their excess vacation balance is below the required cap.
Employees must take a minimum of 40 hours vacation and/or compensatory time per fiscal year.
Employees not using at least 40 hours vacation and/or compensation time off per fiscal year shall have their accumulated vacation allowance charged for the difference between actual vacation leave taken and 40 hours.
Employees absent without pay for more than 36 hours during a pay period do not earn vacation benefits for that pay period.
For fiscal year 2021-2022, employees who take a minimum of 80 hours of vacation or compensatory time off during a fiscal year are eligible to cash in up to 80 hours of accrued vacation balance. In order to be eligible to cash in accrued vacation the employee must have an accrued vacation balance after cashing in vacation of at least 40 hours. An employee must make a written request prior to June 1 of the year.
Beginning calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay. At the time of distribution, the following must be true:
The employee must have taken a minimum of eighty (80) hours of vacation and/or compensatory time off in the preceding twelve (12) months. The employee must have a remaining balance of at least forty (40) hours following the sell back.
Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation sellback program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the vacation sellback program.
6.11 PREMIUM PAY DURING PAID LEAVE
Regular premium pay shall continue to be paid during such paid leaves as vacation, sick leave, etc.
SECTION 7.0 PROBATIONARY PERIOD
Probationary period for all employees shall be one thousand forty hours (1,040) worked.
City Council/RSA Agenda 112 Tuesday, May 24, 2022
26 Maintenance Trainee - Streets and Maintenance Trainee - Parks and Grounds employees will have a probationary period of two-thousand eighty hours (2,080). Trainees will be provided onthe-job training sufficient to acquire knowledge and skills within specific (quarterly) time frames. Only those Trainees who complete and pass quarterly knowledge and skills examinations and obtain their Class A driver's license within one year, will continue training and employment.
Any Trainee who fails to pass the quarterly examination will be released from the Trainee position. Employees who are hired as a Maintenance Trainee (Streets and Maintenance & Parks and Grounds) and who promote to a Maintenance Worker 1, shall serve maximum probationary period of two-thousand eighty (2080) hours while an incumbent of either the Maintenance Trainee or as a Maintenance Trainee and as a Maintenance Worker I. Employees who promote from a Maintenance Trainee to a Maintenance Worker I shall not be subject to an additional probationary period.
SECTION 8.0 HEALTH AND WELFARE BENEFITS
8.1 MEDICAL INSURANCE
The City shall contribute to the cafeteria plan (medical, dental and vision) for each bargaining unit member to Two Thousand dollars ($2,000) per month. This monthly contribution includes the City's basic employer contribution for health premiums under PEMHCA which City Council Resolution No. 2279- 02 set as the minimum required under PEMHCA. Employees shall pay premium costs exceeding this amount.
The City shall provide the regular part time employees the same medical benefits as provided to full time employees except that the City contribution toward medical, dental and/or vision coverage for those part time employees who are eligible for coverage shall be prorated. The prorated amount shall be determined by the relationship which the part time employee's regular schedule bears to the full-time schedule.
In the event that a parttime employee works full time for a period in excess of sixty (60) calendar days, the employee's benefit accumulation shall reflect the full-time schedule. Part-time employees assigned to intermittent, temporary or regular assignments of less than twenty (20) hours per week are not eligible to participate in the group medical, dental, or vision care plans.
This exclusion specifically includes part-time employees who may accumulate more than 1,000 hours of work per year by combining two or more temporary or intermitted work assignments (i.e., indifferent programs)
The Union agrees to meet and confer with the City regarding the potential re-structuring of employee medical insurance benefits, with the understanding that such discussions are not intended to reduce employee benefits, but rather, to assist the City in controlling its medical insurance costs and increase administrative flexibility.
Employees who are also covered for medical benefits through a spouse's or other alternative medical insurance coverage may elect not to enroll in a City group medical plan. In lieu of payment of medical insurance premiums, the City will pay the employee who waives coverage, the amount of three hundred dollars ($300) per month or $138.46 per pay period. Employees City Council/RSA Agenda 113 Tuesday, May 24, 2022
27 may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee's ICMA deferred compensation account. Approval for the cash payment/deferred compensation deposit is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Director. Retirees may elect to continue coverage with the group medical plan.
The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and SEIU at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City's basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
Payment of the City's share of medical insurance premium costs during approved leave of absence for medical reasons shall be as provided in the Family and Medical Leave Act of 1993.
8.2 LIFE INSURANCE
The City shall provide life insurance and AD&D coverage for each employee in the amount of $100,000. Additional life insurance may be provided at employee's expense.
8.3 MEDICAL EXAMINATION
The Grounds Division employees assigned to spray operations will receive appropriate annual medical examinations.
8.4 FLEXIBLE BENEFIT PLAN
The City agrees to implement a Section 125 (Flexible Benefit) Plan for bargaining unit employees subject to the following conditions being satisfied:
A. Participating bargaining unit employees shall pay a monthly fee not to exceed $10.00 as determined by the Plan Administrator.
B. The City's insurance broker-of-record shall present the City with acceptable alternatives for plan administration.
C. Plan elements shall include premium conversion, dependent care, un-reimbursed medical andAlternate Benefit.
D. The Plan shall be made available to all City employees.
City Council/RSA Agenda 114 Tuesday, May 24, 2022
28 8.5 DISABILITY INSURANCE
The weekly indemnity insurance plan shall provide the same benefits as State Disability Insurance and the City shall pay up to a maximum of $12.50 toward the monthly premiums for each employee. Employees shall be responsible for payment of monthly premiums above $12.50.
SECTION 9.0 SAFETY
9.1 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, UNIFORMS
Safety equipment which in the sole discretion of the City is necessary for employees shall be furnished by the City.
Protective clothing such as uniforms, gloves, raincoats, safety toe covers, etc. shall be provided in sufficient quantities. Employees who are furnished with a uniform by the City are expected to wear it at all times when on duty. Approved tee-shirts are in compliance with the uniform complement. Tools required by the City shall be furnished without charge, however, employees shall be responsible to exercise due diligence and care to prevent and avoid loss, theft, damage, and breakage.
Mechanics, Lead Mechanic and Mechanic Trainee are responsible for providing their own hand tools and socket sets up to %'' drive. However, the City will provide Technicians, Mechanics, Lead Mechanic and Mechanic Trainee a tool allowance of
$400/year. Such allowance will be used to pay for hand tools which the employees purchase and use in the course of working on City vehicles. Such allowance will be paid to employees as a reimbursement for tools which have been purchased and are used for work on city vehicles and equipment. Employees will be required to submit receipts in order to be reimbursed.
The City, at its cost, shall provide winter jackets to Parks and Grounds, Streets, Building Maintenance, and Garage employees. In addition, Building Inspectors and Public Works Inspectors will be provided winter jackets.
9.2 SAFETY SHOES/BOOTS/GLASSES
The City agrees to pay eligible bargaining unit employees in the Street Division, Parks and Grounds Division, Building Maintenance Division, Building Inspector, Public Works Inspector, and Garage operation classifications $250 in the second pay period of each fiscal year, to purchase construction type, hard-soled boots to be worn on the job. Effective 7-1-18, the maximum amount will be increased to $300. The Safety Committee shall develop a list of available boots meeting these requirements.
An employee may elect to receive city-paid basic prescription safety glasses no more than once every two years, based on the employee's VSP eligibility period. "Basic" prescription safety glasses are defined as those furnished with shatterproof lenses, scratch resistant coating, tinting, and side shields, but not including cosmetic lens treatments such as grinding or upgraded frames.
City Council/RSA Agenda 115 Tuesday, May 24, 2022
29 9.3 SAFETY AND TRAINING COMMITTEE
A Safety and Training Committee consisting of representatives from all City departments shall meet no less frequently than quarterly to hold safety inspections and meetings to recommend improvements consistent with OSHA and to recommend training programs to City management.
The Union may designate up to three (3) representatives to the Committee. The Human Resources Director or designee shall serve as staff to the Committee.
Skills and Safety Enhancement Opportunities
The Safety and Training Committee representatives designated by the Union shall meet with the Human Resources Director and/or the Human Resources Director’s designee for the purpose of identifying and promoting job skill enhancement, safety and career development training needs for bargaining unit members. Such job skill enhancement, safety and career development training that may be offered may include, but is not necessarily limited to: computer, written and oral presentation, communication, interviewing, ergonomic, cyber security, disaster preparedness, first aid/CPR, hazardous materials, safety on the job in addition to other employment-related training offered by the City.
9.4 WORKPLACE SAFETY
The City shall endeavor to provide safe and healthy working conditions for employees. The City will continue to make a good faith effort to assure safe and healthy working conditions for pregnant employees including provision of safety equipment, manual performance of the work, and medically recommended restrictions.
The City agrees to meet with the Union, upon request, to review findings and receive recommendations for modifications in safety regulations.
9.5 DMV EXAMINATIONS
The City agrees to pay for any medical examination or driver's license fee for any bargaining unit employee who is required by the City to obtain and maintain a OMV Class A or B license in order to perform their regular duties. Such medical examinations will be provided by a qualified City physician during the employee's normal working hours unless otherwise arranged by the supervisor and employee. It is expressly understood that the City will not incur any over-time payments as a result of the medical examinations.
SECTION 10.0 GRIEVANCE PROCEDURE/DISCIPLINARY
PROCEDURE
10.1 GRIEVANCE DEFINITIONS
A grievance shall be defined as any dispute, which involves the interpretation or application of the Memorandum of Understanding of the City of Union City Personnel Rules. All grievances filed shall utilize the approved grievance form.
Grievances submitted in writing pursuant to this provision shall cite the section of the City Council/RSA Agenda 116 Tuesday, May 24, 2022
30 M.O.U. alleged to have been violated. The parties recognize disputes shall be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or Union to bypass the initial steps if the case involves decisionmaking at a higher administrative level.
10.2 GRIEVANCE PROCEDURE
Step 1: The employee and/or their representative may present the grievance informally, in writing, or orally, to the immediate management supervisor within ten (10) working days of the occurrence of the dispute or ten (10) working days from such time as the employee or Union could have reasonably been aware of the occurrence. The supervisor shall respond within seven (7) working days of submittal by/or discussion with the grievant.
Step 2: Should the grievance remain unresolved at Step 1; the grievance may be submitted to the Department Head or their designee within seven (7) working days of the discussion held in Step
1. A written response will be given to the employee and the Union within seven (7) working days of submittal to the Department Head or their designee.
Step 3: Should the matter remain unresolved, the grievance will be submitted to the Human Resources Director and/or the City Manager and assigned Union Business Representative who shall meet within twenty (20) working days of receipt of the grievance from Step 2 and attempt to resolve the grievance. The Human Resources Director or City Manager shall provide a written response within ten (10) working days of the date of discussion with the Union Business representative.
Step 4: Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 3. The names of five (5) Factfinders shall be obtained from the State Conciliation Service. The City and Union shall alternately strike names from the list beginning by a coin flip until one name remains. The City and Union agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation(s) to the parties to resolve the dispute. Said recommendation(s) must be accepted by both the Union and the City Council in order to become effective.
In the event the recommendation(s) is rejected by either party, the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the grievance procedure shall stand, or other action by the City Council, or the Union may be considered. The Factfinder shall have no power to make recommendation(s), which would change, add, delete, or otherwise amend this Agreement or Rules, Regulations or Resolution of the City by reason of their recommendation(s), but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of the proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent in such meetings. The time between the steps of the procedure may be extended by mutual agreement; requests for an agreement to extend the deadline shall be confirmed inwriting.
City Council/RSA Agenda 117 Tuesday, May 24, 2022
31 Failure by the employee or Union to follow the time limits unless extended by mutual agreement shall cause the grievance to be considered withdrawn. Failure by the City to follow time limits unless extended by mutual agreement shall cause the grievance to be deemed settled in favor of the employee.
10.3 DISCIPLINARY DEFINITIONS
The City agrees to utilize a progressive disciplinary approach to correct an employee's behavior or improve the employee's work product.
At the time of initial filing of an appeal involving a disciplinary matter, the employee must elect to utilize either the appeal procedure contained in the Memorandum of Understanding, or the grievance procedure outlined in the City Personnel Rules, Section
12.00. All appeals filed shall utilize the approved appeal form. Election of either procedure shall preclude utilization of the other.
10.4 SUSPENSION: NOTICE OF INTENT
The City agrees to hold disciplinary suspensions in abeyance until completion of the second (2nd) step of the Appeal Procedure. The City shall provide the Union Business Representative with a copy of any Notice of Intent to impose disciplinary action against a bargaining unit employee.
Step 1: An employee who receives a Notice of Intent to Impose Disciplinary Action may request a Skelly Hearing in accordance with Skelly vs. the State Personnel Board. The City shall assign a Skelly Officer to hear the matter and make a determination.
Step 2: Should the matter remain unresolved; the appeal will be submitted to the Human Resources Director and/or the City Manager and assigned Union Business Representative who shall meet within twenty (20) working days of receipt of the appeal from Step 1 and attempt ·to resolve the grievance. The Human Resources Director or the City Manager shall provide a written response within ten (10) working days of the date of discussion with the Union Business Representative.
Step 3: Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 2. The names of five (5) Factfinders shall be obtained from the State Conciliation Service. The City and Union shall alternately strike names from the list beginning by a coin flip until one name remains. The City and Union agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation(s) to the parties to resolve the dispute. Said recommendation(s) must be accepted by both the Union and the City Council in order to become effective.
In the event the recommendation(s) is rejected by either party, the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the appeal procedure shall stand, or other action by the City Council or Union may be considered. The Factfinder shall have no power to make recommendation(s), which would change, add, delete, or otherwise amend this Agreement City Council/RSA Agenda 118 Tuesday, May 24, 2022
32 or Rules, Regulations or Resolution of the City by reason of their recommendation(s), but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the appeal may be present at the request of either party during any stage of the proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent in such meetings. The time between the steps of the appeal procedure may be extended by mutual agreement; requests for an agreement to extend the deadline shall be confirmed inwriting.
Failure by the employee or Union to follow the time limits unless extended by mutual agreement shall cause the appeal to be considered withdrawn. Failure by the City to follow time limits unless extended by mutual agreement shall cause the appeal to be deemed settled in favor of the employee.
SECTION 11.0 MISCELLANEOUS PROVISIONS
11.1 EDUCATION REIMBURSEMENT
When an employee voluntarily and with prior approval of the Human Resources Director undertakes any education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training. The reimbursement will be limited to $1,500 per year. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the cost of the books. When the class is of unusual value and cannot be rescheduled during the employee's off hours, the employee may be excused at no loss of pay.
11.2 BENEFICIAL PRACTICES
City agrees that, as a result of signing this agreement, rules or regulations or practices regarding wages, hours and other terms and conditions of employment will not be changed without prior negotiations as provided by State law.
11.3 CONTRACTING OUT
The City shall create a labor/management committee consisting of the Union President and one other individual designated by the Union, at least 45 days prior to releasing a Request for Proposals to replace existing work performed by the bargaining unit that will require the layoff of employees in the bargaining unit. The Committee shall meet to discuss the following:
Review the proposed scope of the work to be covered in the RFP. Review the current cost for the City to provide the service. Determine if there are any ways to reduce the current cost for providing the service.
After meeting with the Union, the City shall determine if the need still exists to issue the RFP. If the RFP results in a lower cost, the City shall have the right to accept the RFP.
City Council/RSA Agenda 119 Tuesday, May 24, 2022
33 The City will give the Union two (2) weeks' notice prior to contracting out bargaining unit work which does not result in a reduction of force.
11.4 HEALTH AND SAFETY
In the event an employee has justifiable reason to believe that safety and health are in danger due to an alleged unsafe working condition, or alleged unsafe equipment, he/she shall immediately inform their supervisor who shall have the responsibility to determine what action, if any, should be taken. Should equipment be necessary, the City shall make every effort to acquire it in an expeditious manner, contingent on available funds. An employee may be reassigned to perform other duties pending full investigation of the alleged unsafe condition and/or equipment and corrective action being taken. In addition, the City agrees to maintain a Safety Committee, which will make recommendations on health and safety issues that occur in the workplace. In order to provide a safe and healthy place to work, the City agrees to comply with laws applicable to its operations concerning the safety of employees covered by this agreement. It is the responsibility of both represented and management employees to comply with all safety rules and regulations established by the City.
11.5 FILLING OF VACANCIES
The City agrees that it will make all reasonable efforts to ensure that vacancies occurring in bargaining unit positions are filled within six (6) months of the occurrence of the vacancy.
However, the City shall not be deemed in violation of this provision if extenuating circumstances occur; such extenuating circumstances may be, but are not limited to, special recruitment considerations and/or classification/organizational issues. In the event a position cannot be filled within six (6) months, the City will notify the Union in a timely manner. In the event of extended authorized industrial injury, personal or temporary leaves of absence, the Union agrees that the City may make temporary appointments consistent with applicable City Personnel Rules to ensure that services continue to be provided.
11.6 PERSONNEL FILES
A Written Reprimand in an employee's personnel file will be removed from the file one year after date of issuance. Removal of a Written Reprimand from an employee's personnel file is subject to the following:
A written request for removal of a Written Reprimand, from the affected employee, is received by the Human Resources Department.
No additional disciplinary action has been imposed upon the affected employee within the one-year period following issuance of the initial Written Reprimand.
11.3 SAVINGS CLAUSE
In the event any provision of the Agreement is declared by a court of competent jurisdiction to be illegal or unenforceable, such nullification shall not affect any other provisions of the Agreement and the parties shall renegotiate the voided section to conform as nearly as possible to the original intent.
City Council/RSA Agenda 120 Tuesday, May 24, 2022
34 11.7 REVIEW OF OPERATIONAL ITEMS OF MUTUAL INTEREST
The parties agree that the Executive Board and Management (Human Resources Director and Deputy City Manager) will continue to meet on a monthly basis to review operational items of mutual interest.
11.8 SEPARABILITY
In the event that any portion of this Agreement shall be held to be in violation of any federal or state law or final judicial decision of a court of competent jurisdiction, the balance of the Agreement shall continue in full force and effect, and the parties shall within 60 days of such determination, commence negotiations to re-write the affected provision(s) to remedy the legal defect(s) and to conform as closely as possible to the intent of the original language.
SECTION 12.0 TRANSFER AND PROMOTION PROCEDURES
The City shall post announcements for all City job vacancies at each of the following locations:
Civic Center Corporation Yard Holly Community Center Kennedy Community Center Ruggeri Senior Center Union City Sports Center Announcements shall be posted for ten workdays.
Non-probationary part-time employees scheduled for year-round weekly assignments of twenty (20) hours of more may request movement to a vacant, full-time position in the same classification within the same department. Such request must be made in writing to the Department Head and Human Resources Director and must be received prior to the final filing date of the recruitment process as established by the Human Resources Department. The Department Head shall have the discretion to deny the request or recommend that the action be approved by the Appointing Authority. In the event of approval, the employee shall be subject to a six-month probationary period, regardless of step placement within the salary range. It is understood that part-time employees as defined above, may apply for movement to a full-time vacant position in another department. However, approval of such action shall occur only with the consent of both department heads as specified in Section 8.04 of the Personnel Rules, and the affected employee shall serve a six (6) month probationary period
REALLOCATION OF POSITION
The City agrees to conduct a Certification Analysis in instances where a part-time position is reallocated to a different City classification on a full-time regular basis, provided that no fulltime regular employees in the classification request transfer. The Certification Analysis shall be conducted by the Human Resources Department for the purpose of determining an incumbent's qualifications relative to the qualifications established for the newly classified position. The Certification Analysis shall evaluate:
City Council/RSA Agenda 121 Tuesday, May 24, 2022
35 a) Whether the incumbent meets the established minimum qualifications for the alternate classification;
b) Whether the incumbent is non-probationary;
c) Whether the incumbent's job performance has been satisfactory, as demonstrated by overall satisfactory performance appraisals, and the absence of disciplinary action, for a period of one-year prior to the establishment of the newly created position.
An incumbent who does not meet the minimum qualifications for the alternate classification, as determined by the Certification Analysis, shall not be considered for appointment to the newly created position.
Should an eligibility list exist for, and the incumbent has been determined to meet the minimum qualifications of the alternate classification, the incumbent shall be certified to the eligibility list in an unranked position. The incumbent and all eligible that have been certified for the eligibility list will be considered when filing the newly classified position.
Should no eligibility list exist for, and the incumbent meets the minimum qualifications the alternate classification, and no full-time regular employee in the classification requests transfer to the newly created position, the incumbent shall be appointed to the position.
It is further agreed that whenever a part-time position in a given City classification is reallocated to full-time in the same classification, the following "'order of filling" that full- time position shall be observed:
1. Full time employees wishing to exercise transfer rights as provided in Section 8.03 of the City Personnel System Rules and Regulations.
2. The incumbent in the part-time position, given overall satisfactory job performance and the absence of disciplinary action.
3. Part-time employees requesting movement pursuant to Section 9.00 Transfer, of the Parttime Provisions of this M.O.U.
4. Open competitive examination.
SECTION 13.0 DURATION
This agreement shall continue in full force and effect from January 1, 2019 to December 31, 2021.
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City Council/RSA Agenda 122 Tuesday, May 24, 2022
36 theirtheirtheirtheirtheirtheirtheirLETTER OF AGREEMENT 9/80 ALTERNATE WORK SCHEDULE
1. IMPLENTATION
A. WORK PERIOD DEFINED
For employees working a 9/80 schedule, the workweek for purposes of weekly overtime shall commence and end at the midpoint of their regular work schedule on the employee's 8-hour workday. For all employees, this midpoint shall be on Friday. Supervisor will be responsible for monitoring employees' hours to ensure they do not work overtime inadvertently or without prior approval. The timecard of an employee who works their regular 9/80 schedule and doesn't work overtime during a pay period shall show a total of eighty (80) hours.
A 9/80 work plan is a schedule that allows an individual to work eighty (80) hours in nine (9) days and have the tenth day in the two-week period off. In order to accomplish this, an individual will work nine (9) hours on Monday, Tuesday, Wednesday, and Thursday each week. During the first week, the individual will work eight (8) hours on Friday and in the second week the individual will have Friday off except for employees in Leisure Services who will develop a 9/80 schedule which alternates their additional weekday off. Consistent with Section 4.02 Overtime of the City-SEIU 790 MOU, overtime compensation will be paid for assigned hours worked in excess of the normal workday (8 or 9 hours, depending on scheduling) and/or the normal work week
B. DAYS OFF
Every other Friday shall be the designated day off. This will concentrate the effect of the alternate work schedule (AWS) and make it easier to plan work schedules and meetings. It is understood that there should be fewer day/hours off for medical appointments, personnel leave, etc., since staff is encouraged to schedule these on their day off.
C. VACATION
The employee will be charged for the number of hours that they would have been scheduled to work during the period they are on vacation, i.e., vacation is Monday - Friday, the hours during that period could be either 44 or 36 depending on the individual's schedule.
D. SICK LEAVE
A day sick would be charged as nine (9) hours unless the sick day falls on the normally schedule eight (8) hour day. No adjustments or allowances are made for illness on a normally scheduled day off.
City Council/RSA Agenda 123 Tuesday, May 24, 2022
37 E. BEREAVEMENT LEAVE
Leave time requested under Section 6.04 shall be converted to hours based on a 9-hour day unless the bereavement day falls on the normally scheduled eight (8) hour day.
Bereavement Leave: Five (5) days allowed, equivalent to forty (40) hours.
F. MILITARY LEAVE, JURY DUTY
If the duration of leave is expected to be longer than one week, the employee will automatically convert to a five-day, forty-hour (5/40) week at the beginning of the work period in which the military leave or jury duty is scheduled to begin. After completion, the employee may return to the 9/80 program at the beginning of the next work period after their return.
G. LUNCH PERIOD/BREAKS
For City Hall employees, in addition to a one (1) hour unpaid lunch, one 15-minute break in the morning, and one in the afternoon, are permitted for employees participating in the plan, schedule according to departmental needs. Unused break time is forfeited and may not be used to extend the meal period or reduce the workday.
Corporation Yard employees shall also be entitled to one 15-minute break in the morning and one 15-minute break in the afternoon.
H. EXCEPTIONS
It may be necessary to have staff members revert to a 5/40 schedule due to operational requirements. This will occur only on a case-by-case basis as recommended by the Department Head and authorized by the City Manager. In such instance, the City shall provide the Union and affected employees with ten (10) working days' notice prior to such change. The Maintenance II Public Works position shall not work the 9/80 schedule.
In rare instances, employees may be asked/required to work on their day off. If this occurs, the member will receive either compensatory time or overtime as provided in Section 4.02 of the M.O.U.
I. WORKDAY
All participating employees in City Hall shall work 8.00a.m. to 6:00p.m. on the nine (9) hour days; on the eight (8) hour days, the schedule shall be 8:00a.m. to 5:00p.m. with one hour for lunch. The public reception/service counters in City Hall shall remain open to the public on both the 8-hour and 9-hour workdays from 12:00p.m. to 1:00p.m. Employees at the Corporation yard shall work 7:00a.m. until 4:30p.m. on the 9-hour workday, with a half hour unpaid lunch; on the eight (8) hour day, employees shall work 7:00a.m. to 3:30p.m. with a half-hour unpaid lunch. During Daylight Savings Time, Corporation Yard employees shall report to work at 6:30a.m.; during Standard Time, the shift start time shall revert to 7:00 a.m.
City Council/RSA Agenda 124 Tuesday, May 24, 2022
38 APPENDIX A-1
City of Union City Salary Compensation Plan Effective 05/31/2022 City Council/RSA Agenda 125 Tuesday, May 24, 2022
39 APPENDIX B
City of Union City
Definitions
Temporary Employee
A Temporary employee is a non-regular employee who is hired for a limited time period under one of the following conditions:
1) To work in the absence of a permanent employee who is on leave. 2) To work for a defined period which does not exceed one thousand (1,000) hours per year or does not exceed a period of six (6) months.
3) To work on a special project which does not exceed twelve (12) months.
Regular Full-Time Employee
A regular full-time employee is an employee who is hired into a permanent forty (40) hour per week position in the competitive service and who has completed their probationary period.
Regular Part - Time Employee
A regular part-time employee is and employee who is hired into a permanent twenty (20) to thirty-nine (39) hours per week position in the competitive service and who has completed their probationary period.
Probationary Employee
A probationary employee is a regular full-time or regular part-time employee who is hired into a position in the competitive service and who is serving a probationary period of 1,040 hours Probationary Period
A probationary period is the initial period of employment in which an employee is required to demonstrate their ability to meet the requirements of the position to which the employee is appointed.
Provisional Appointment
A provisional appointment is an appointment of a person to a regular position in the competitive service in the absence of an eligibility list. The person who is appointed must possess the minimum qualifications for the position. The appointment period will not exceed six (6) months.
The appointment may be extended by one (1) month with approval of the City Council.
City Council/RSA Agenda 126 Tuesday, May 24, 2022
40 SIDE LETTER – TRANSFER GUIDELINES
The guidelines under this program apply to regular, full-time employees only.
Regular, full-time employees (those who have completed probation) are eligible for consideration for transfer (movement within classification to a different division or department).
On an annual basis, eligible employees may indicate their interest in transfer by submitting a transfer application to the Human Resources Department. Transfer guidelines are as follows:
1. Transfer must be within classification.
2. Transfer is open only to employees who have completed probation.
3. Employees who accept a transfer position are subject to successful completion of a six (6) month probationary period.
4. Your current position will not be filled full-time, regular during your six (6) month "transfer" probation.
5. Employees with active discipline in their personnel files (within one year) are not eligible for transfer.
6. Hiring supervisors/managers may elect to use a transfer list, an eligible list or both lists.
7. All transfer candidates who meet the education, experience and physical requirements of the position will be considered when a hiring supervisor/manager elects to use a transfer list.
8. HR will request that all employees who wish to place themselves on a transfer list do so during the month of December.
9. All employees who submit transfer applications during the month of December, and meet all criteria for the position, will have their names placed on the appropriate transfer list and will be eligible for consideration for any openings occurring during the period Jan 1 to Dec 31 of the following year.
10. Employees who accept a transfer assignment will have their eligible dates for salary increases adjusted. Employees will be transferred at their current salary; however, any subsequent movement on the salary range will be based upon the adjusted hire date. An employee who returns to their former position within the six-month period will have their salary increase dates restored.
City Council/RSA Agenda 127 Tuesday, May 24, 2022
41 FOR THE CITY: FOR SEIU LOCAL 1021
Lilybell Nakamura, Human
Resources Director
Date Blake Huntsman, Chief Negotiator Date
Jeff Bailey, Union City Chief
Negotiator
Date Saad Muhammad, Field
Representative
Date
Charles Bales, Bargaining Team Date
Jaymin Munoz, Bargaining Team Date
Michael Jester, Bargaining Team Date
Alma Gomez, Bargaining Team Date
Jesus Garcia, Bargaining Team Date
Erin Ewing, Bargaining Team Date
City Council/RSA Agenda 128 Tuesday, May 24, 2022
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF UNION CITY AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION
(SEIU) LOCAL 1021
JANUARY 1, 2022 THROUGH DECEMBER 31, 2024
City Council/RSA Agenda 129 Tuesday, May 24, 2022
2 Table of Contents
SECTION 1.0 RECOGNITION, DISCRIMINATION, & UNION ACTIVITIES................. 5
1.1 RECOGNITION............................................................................................................... 5
1.2 DISCRIMINATION......................................................................................................... 6
1.3 NOTICE TO EMPLOYEES ............................................................................................ 6
1.4 INDEMNIFICATION...................................................................................................... 6
1.5 DUES DEDUCTION ....................................................................................................... 6
1.6 BULLETIN BOARD USE, MEETING FACILITIES .................................................... 7
1.7 UNION REPRESENTATION ......................................................................................... 7
1.8 DATA TO UNION........................................................................................................... 8 SECTION 2.0 COMPENSATION .............................................................................................. 8
2.1 SALARY.......................................................................................................................... 8
2.2 COMMERCIAL DRIVER’S LICENSE COMPENSATION.......................................... 9
2.3 SPECIAL ASSIGNMENT PAY.................................................................................... 10
2.4 ACTING PAY................................................................................................................ 10
2.5 CALL BACK PAY ........................................................................................................ 11
2.6 SPRAY OPERATION ................................................................................................... 11
2.7 BILINGUAL COMPENSATION.................................................................................. 11
2.8 STANDBY PAY............................................................................................................ 12
2.9 HAZARD PAY .............................................................................................................. 13
2.10 AUTOMATIC PAYROLL DEPOSIT ....................................................................... 13 SECTION 3.0 JOB DESCRIPTIONS....................................................................................... 13 SECTION 4.0 WORK SCHEDULES/OVERTIME................................................................ 14
4.1 WORK WEEK, MEALS, AND BREAKS .................................................................... 14
4.2 OVERTIME ................................................................................................................... 14
4.3 MEAL ALLOWANCE .................................................................................................. 15
4.4 EMERGENCY CALL-OUT.......................................................................................... 16 SECTION 5.0 RETIREMENT BENEFITS ............................................................................. 16
5.1 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS) ....................................... 16 A. CLASSIC MEMBERS ............................................................................................... 16 B. NEW MEMBERS....................................................................................................... 17
5.2 MILITARY BUYBACK................................................................................................ 17
5.3 RETIREE HEALTH SAVINGS ACCOUNT................................................................ 17 SECTION 6.0 LEAVE ADMINISTRATION .......................................................................... 17 City Council/RSA Agenda 130 Tuesday, May 24, 2022
3 6.1 BEREAVEMENT LEAVE............................................................................................ 17
6.2 HOLIDAYS ................................................................................................................... 18 A. COMPENSATION FOR HOLIDAYS WORKED.................................................... 19 B. CHRISTMAS LEAVE OBSERVED ......................................................................... 19 C. CITY CLOSURE........................................................................................................ 19
6.3 JURY LEAVE................................................................................................................ 20
6.4 MILITARY LEAVE ...................................................................................................... 20
6.5 OCCUPATIONAL INJURY LEAVE ........................................................................... 20
6.6 PERSONAL LEAVE..................................................................................................... 20 A. ADMINISTRATION.................................................................................................. 21
6.7 SICK LEAVE................................................................................................................. 21 A. SICK LEAVE UTILIZATION................................................................................... 21 B. SICK LEAVE NOTICE & CERTIFICATION.......................................................... 22
6.8 UNPAID LEAVES OF ABSENCE............................................................................... 22
6.9 VACATION................................................................................................................... 22
6.10 PREMIUM PAY DURING PAID LEAVE................................................................ 24 SECTION 7.0 PROBATIONARY PERIOD ............................................................................ 24 SECTION 8.0 HEALTH AND WELFARE BENEFITS......................................................... 24
8.1 MEDICAL INSURANCE.............................................................................................. 24
8.2 LIFE INSURANCE........................................................................................................ 25
8.3 MEDICAL EXAMINATION ........................................................................................ 25
8.4 FLEXIBLE BENEFIT PLAN ........................................................................................ 25
8.5 DISABILITY INSURANCE.......................................................................................... 26 SECTION 9.0 SAFETY.............................................................................................................. 26
9.1 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, UNIFORMS .......................... 26
9.2 SAFETY SHOES/BOOTS/GLASSES .......................................................................... 26
9.3 SAFETY AND TRAINING COMMITTEE.................................................................. 27
9.4 WORKPLACE SAFETY............................................................................................... 27
9.5 DMV EXAMINATIONS............................................................................................... 27 SECTION 10.0 GRIEVANCE PROCEDURE/DISCIPLINARY PROCEDURE................ 28
10.1 GRIEVANCE DEFINITIONS ................................................................................... 28
10.2 GRIEVANCE PROCEDURE .................................................................................... 28
10.3 DISCIPLINARY DEFINITIONS............................................................................... 29
10.4 SUSPENSION: NOTICE OF INTENT...................................................................... 29 City Council/RSA Agenda 131 Tuesday, May 24, 2022
4 SECTION 11.0 MISCELLANEOUS PROVISIONS .............................................................. 30
11.1 EDUCATION REIMBURSEMENT.......................................................................... 30
11.2 BENEFICIAL PRACTICES ...................................................................................... 30
11.3 CONTRACTING OUT .............................................................................................. 30
11.4 HEALTH AND SAFETY .......................................................................................... 31
11.5 FILLING OF VACANCIES....................................................................................... 31
11.6 PERSONNEL FILES ................................................................................................. 31
11.7 SAVINGS CLAUSE .................................................................................................. 32
11.8 REVIEW OF OPERATIONAL ITEMS OF MUTUAL INTEREST ........................ 32
11.9 SEPARABILITY........................................................................................................ 32 SECTION 12.0 TRANSFER AND PROMOTION PROCEDURES ..................................... 32
12.1 REALLOCATION OF POSITION............................................................................ 33 SECTION 13.0 DURATION...................................................................................................... 34 9/80 ALTERNATE WORK SCHEDULE ................................................................................ 35
1. IMPLENTATION.............................................................................................................. 35 A. WORK PERIOD DEFINED ...................................................................................... 35 B. DAYS OFF................................................................................................................. 35 C. VACATION ............................................................................................................... 35 D. SICK LEAVE............................................................................................................. 35 E. BEREAVEMENT LEAVE ........................................................................................ 36 F. MILITARY LEAVE, JURY DUTY .......................................................................... 36 G. LUNCH PERIOD/BREAKS ...................................................................................... 36 H. EXCEPTIONS............................................................................................................ 36 I. WORKDAY................................................................................................................... 36 APPENDIX A-1........................................................................................................................... 37 APPENDIX B .............................................................................................................................. 38 SIDE LETTER – TRANSFER GUIDELINES ........................................................................ 39 City Council/RSA Agenda 132 Tuesday, May 24, 2022
5 MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF UNION CITY AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION, LOCAL 1021
Preamble
We the undersigned duly appointed representatives of the Service Employees International Union Local 1021, hereinafter referred to as the "Union", having met and negotiated in good faith, do hereby jointly prepare, and execute this Agreement. It is understood the provisions herein set forth supersede previous Memoranda between the City of Union City and Service Employees International Union Local 1021, as well as other terms and conditions set forth in resolutions or ordinances referenced herein.
SECTION 1.0 RECOGNITION, DISCRIMINATION, & UNION
ACTIVITIES
The City shall provide reasonable release time to the Chapter President or their designee to make a 30-minute new hire presentation about SEIU Local 1021.
1.1 RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining representative for the following full-time and part-time classifications as well as any new related classifications, upon mutual agreement between the City and the Union. If agreement cannot be reached, the California State Conciliation Service shall make the determination:
Administrative Assistant I Maintenance I – Parks & Grounds Administrative Assistant II Maintenance I – Streets
Administrative Assistant III Maintenance II – Parks & Grounds Building Permit Clerk Maintenance II – Streets
Building Permit Technician Maintenance Trainee – Parks & Grounds Building/Code Compliance Inspector Maintenance Trainee – Streets Building/Code Compliance Inspector – Trainee Neighborhood Pres Specialist Community Development Technician Office Specialist I, II, III CRS Program Manager (PT) Preschool Site Supervisor I (PT) Digital Marketing Specialist Pre-School Site Supervisor II Facilities Maintenance Attendant (PT) Program Coordinator (PT) Facility Maintenance Worker Public Works Inspector
Finance Specialist I Public Works Maintenance II
Finance Specialist II Recreation Administrative Technician Finance Specialist III Recreation Program Coordinator
Heavy Equipment Mechanic - Lead Recycling Program Coordinator Heavy Equipment Mechanic I - Fleet Senior Public Works Inspector Heavy Equipment Mechanic – Trainee Senior Recreation Leader (PT) Heavy Equipment Technician Special Projects Coordinator City Council/RSA Agenda 133 Tuesday, May 24, 2022
6 Lead Facilities Maintenance Worker Street Outreach Worker Lead Outreach Worker Street Sweeper Operator
Leisure Services Maintenance Worker Transit Coordinator Leisure Services Program Coordinator Youth Employment Coordinator Leisure Services Program Manager
All sections apply to full-time and part-time employees unless otherwise stated.
The City agrees to notify the Union each month of all new employees hired into positions represented by the Union. The City shall provide each newly hired represented employee with a copy of the Memorandum of Understanding and a Local 1021 membership application form.
The City shall provide reasonable release time to the Chapter President or their designee to make a 30-minute new hire presentation about SEIU Local 1021.
1.2 DISCRIMINATION
The City and Union agree that they shall not discriminate in any way on account of race, creed, religion, sex, age, sexual orientation, national origin, political affiliation, handicap status, or for Union activity, to the extent prohibited by applicable state and federal law.
1.3 NOTICE TO EMPLOYEES
The Union may post within the employee work or rest area a written notice which sets forth the classifications included within each representation unit which includes any classification existing in the City and the name and address of the recognized employee organization for each such unit.
The City shall also give a written notice to persons newly employed in representation unit classifications which notice shall contain the name and address of the employee organization recognized for such unit; the fact that the Union is the exclusive bargaining representative for the employee's unit and classification; and a copy of the current MOU to be supplied by the Union.
1.4 INDEMNIFICATION
The Union shall indemnify and hold harmless the City, its officers, and employees from and against any and all loss, damages, costs, expenses, claims, attorney fees, court costs, demands, actions, suits, judgements, and other proceedings arising out of any action resulting from Section
1.3or Section 1.5of this Agreement.
1.5 DUES DEDUCTION
Automatic Payroll Deductions and Remittance
Upon certification by the Union that an employee has signed a deduction authorization card, the Employer will deduct the appropriate dues from the employee's pay as established, and as may be changed from time to time, by the Union and remit such dues to the Union. Employee requests to City Council/RSA Agenda 134 Tuesday, May 24, 2022
7 cancel or change deductions must be directed to the Union rather than the Employer. Deductions will continue unless and until the City receives written notice of cancellation from the Union.
The Union will be the custodian of records for such Authorization Card and will provide the City with a certification that it has and will maintain a deduction Authorization Card, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s deduction Authorization Card unless a dispute arises about the existence or terms of the deduction Authorization Card. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.
The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in an unpaid status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in an unpaid status during only part of the pay period and whose salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions have priority over union dues.
The Executive Secretary of SEIU Local 1021 shall notify the City in writing as to the amount of such dues uniformly required of all members of the Union. Monies withheld by the City shall be transmitted to the Officer designated in writing by the Executive Secretary of the Union as a person authorized to receive such funds at the address specified.
1.6 BULLETIN BOARD USE, MEETING FACILITIES
City shall provide reasonable space on bulletin boards for official Union notices and the area stewards shall be responsible for maintenance of same. City shall reasonably make available conference rooms or other meeting areas for the purpose of holding Union meetings during offduty time periods at no cost to the Union. Requests for such facilities must follow established procedures with the appropriate City representatives, and whenever possible, notice shall be given by the Union forty-eight (48) hours in advance of the meeting.
1.7 UNION REPRESENTATION
The Union may select four (4) shop stewards, one from each of the following work locations: 1.) Parks, 2.) Streets, 3.) Fleet, Buildings and City Hall, 4.) Leisure Services (Full time and Part time). The Union shall promptly advise the Human Resources Director in writing of the names of the stewards, chapter officers, and negotiating team members. Stewards will be allowed reasonable time off during regular work hours without loss of compensation or other benefits when engaged in investigating and assisting employees at their work location in the resolution of grievances.
Union officers and representatives shall be granted reasonable access to employee work locations upon advising appropriate management personnel. City shall further allow a reasonable number of Union negotiating committee members' reasonable time off during regular working hours without loss of compensation or other benefits when engaged in negotiations with City City Council/RSA Agenda 135 Tuesday, May 24, 2022
8 representatives. In addition, up to ten (10) Union officers and representatives identified by the Union shall be afforded a maximum of eighteen (18) hours paid release time per fiscal year without loss of compensation for the purpose of official Internal Union trainings. City and Union further agree that good labor relations are fostered and maintained through prompt, decisive and fair adjustment of individual grievances at the lowest possible administrative level.
1.8 DATA TO UNION
The City shall furnish the Union, on a monthly basis, the name, date of hire, salary, classification, work location, job title, department, work phone number, home phone number, personal cell phone number, personal email address on file with the City and home address of all newly hired subject to this Agreement. The City shall provide the Union with the same information for active employees at least once every four months.
SECTION 2.0 COMPENSATION
Salary Step increases shall be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs.
An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.
2.1 SALARY
COST OF LIVING:
Effective the first full pay period following City Council approval of this agreement, , all classifications in the bargaining unit shall receive salary increase of 3.0%. In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
Effective the first full pay period in January 2023, all classifications in the bargaining unit shall receive salary increase of 3.0%.
Effective the first full pay period in January 2024, all classifications in the bargaining unit shall receive salary increase of 3.0%.
EQUITY ADJUSTMENTS:
Effective the first full pay period following City Council approval of this Agreement, the City will provide a market equity adjustment increase for all classifications in the bargaining unit of one percent (1.0%). In addition to the equity increase, the City will provide a one-time lump sum payment equivalent to the value of the one percent (1%) equity increase for the period of the first full pay period in January through the implementation of the one percent (1%) equity increase referenced above.
City Council/RSA Agenda 136 Tuesday, May 24, 2022
9 Effective the first full pay period following the conclusion of the City’s comprehensive salary survey in 2022, the City will provide a market equity adjustment increase to any classification found to be ten percent or more below the market median in total compensation and benefits. Those classifications shall be adjusted to bring the classifications up to at least ten percent (10%) below the market median for total compensation and benefits. In no case shall the equity adjustments received by any bargaining unit employee exceed a total of 10%.
CONTINUED SERVICE RECOGNITION
In recognition of their many years of service, following City Council approval of this Agreement, all active employees who have met the required years of service benchmarks and are employed as of 5/24/22 shall be eligible to receive the following off-salary-schedule one-time lump sum payments based on their years of service:
Fifteen (15) through Nineteen (19) years of service: $500 Twenty (20) through Twenty-four (24) years of service: $1,000 Twenty-five (25) or more years of service: $1,500
This one-time benefit applies to employees who have met the required years of service benchmarks on 5/24/22, on a one-time basis and not thereafter. The payment shall be provided by no later than [insert date]. The off salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated November 10, 2016.
2.2 COMMERCIAL DRIVER’S LICENSE COMPENSATION
Effective the first full pay period following City Council approval of this agreement, the City shall compensate each individual, who is an incumbent in the following position and possesses and maintains a commercial Class A Driver's License, a 5.0% differential based on the employee’s base salary.
o 50341 Street Sweeper Operator
Effective the first full pay period following City Council approval of this agreement, the City shall revise the job descriptions to require a commercial Class A Driver’s license and increase the base salary by 5% for the following positions:
o 50321 Heavy Equipment Mechanic I – Fleet
o 50323 Heavy Equipment Lead - Fleet
Effective the first full payroll period following City Council approval of this agreement, the City shall compensate each individual, who is an incumbent in the following position and possesses and maintains a commercial Driver's License, a 3.0% differential based on the employee’s base salary.
o 50532-Program Coordinator
o 50161-Recreation Program Coordinator
City Council/RSA Agenda 137 Tuesday, May 24, 2022
10 2.3 SPECIAL ASSIGNMENT PAY
Special assignment pay may also be granted with the provisions outlined in Section 4.03 of the Personnel Systems Rules and Regulations:
"The Appointing Authority may, upon recommendation of the appropriate department head, award up to an additional 5% salary increase to an employee for special assignment. Such discretionally additional compensation shall be assigned only for the regular and continuous performance of special assignments and shall not be used as a merit or bonus payment."
2.4 ACTING PAY
An employee assigned in writing by the department head, who pursuant to such assignment, does assume and perform all the ordinary day to day duties and responsibilities of a position of a higher classification for one (1) or more full workday shall be paid an additional five percent (5%) of the regular pay of their own classification, or the first step of the higher classification, whichever is greater, for such time worked in the highest classification. Acting Pay compensation shall not exceed the top step of the higher classification (except for Acting Sweeper Operators as noted below).
Maintenance Worker I employees who are assigned as a relief sweeper operator will be paid acting pay of ten percent (10%) for all hours during which employees are assigned to sweeper responsibilities.
The City retains the right to determine the circumstances under which Acting Pay will be assigned. When the City makes such an assignment it shall be done in a manner consistent with Section 2.3 of the MOU.
Work assignments of Union employees shall not be changed for the sole purpose of evading the requirements of providing acting pay to an employee who would otherwise be eligible. Acting assignments of thirty (30) days or more shall be rotated, provided the employee is certified as qualified, on the basis of seniority every three months.
Within Public Works, rotation shall be as follows:
Work assignments of Union employees shall not be changed for the sole purpose of evading the requirements of providing acting pay to an employee who would otherwise be eligible. Acting assignments of thirty (30) days or more shall be rotated within the affected crew, to each employee who is certified as qualified, on the basis of seniority within the affected crew, every 30 days.
Acting assignments of less than thirty (30) days shall also be rotated on the basis of seniority pursuant to overtime assignment processes.
Within Public Works, acting assignment appointment shall be made as follows:
Acting assignments of less than thirty (30) days shall be offered on the basis of seniority within the affected crew, pursuant to overtime assignment processes.
City Council/RSA Agenda 138 Tuesday, May 24, 2022
11 2.5 CALL BACK PAY
An employee called back to work on their day off or called back to work after he/she has completed their regular shift working day and has left their place of employment, shall be paid a minimum of two (2) hours at time and one half of their regular hourly rate of pay. Employees called back to work on weekends and holidays shall be paid a minimum of three (3) hours at time and one half of their regular pay. Employees called back to work between midnight and the beginning of their regular shift shall be paid a minimum of four (4) hours at time and one half their regular straight time pay. It is expressly understood that an employee who works overtime immediately subsequent to their regular work shift shall be compensated at the overtime rate of pay for the time actually worked, with no minimum number of hours of overtime guaranteed.
2.6 SPRAY OPERATION
The City agrees to compensate Maintenance I Building & Grounds employees who maintain a valid Certified Applicator's license and who are assigned to perform spray operations tasks additional 5% Special Assignment pay. The special assignment compensation premium for Spray Operation will be rotated among eligible employees who maintain a valid Certified Applicator's license, on a date-of-hire seniority basis. Only one employee shall receive the additional compensation at any given time, and the assignment shall be rotated every three months.
Additionally, the City agrees to pay the required fees for employees who obtain and maintain a valid Certified Applicator's license. The payment of required fees shall be limited to the following:
Class Registration fees
Application license fees
Renewal license fees
It is understood that the City will provide paid release time, for certification purposes, when required applicator classes are attended during normal working hours. Such paid leave shall be for maximum of 20 hours biannually in recognition of new State training standards for pesticide applicators. It is further understood that the City will not incur any overtime payments as a result of attendance at such classes.
2.7 BILINGUAL COMPENSATION
The City will compensate each Union employee one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing oral bilingual skills. The City will compensate each Union employee one hundred and twenty-five dollars ($125) pe r month ($
57.69 per pay period) as compensation for providing oral and written bilingual skills. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently or read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
City Council/RSA Agenda 139 Tuesday, May 24, 2022
12 The City will compensate each Part-time Union employee fifty dollars ($50) per month ($23.08 per pay period) as compensation for providing oral bilingual skills. Employees whose positions are greater than part-time but are less than full time will be compensated seventy-five dollars ($75) per month ($34.62 per pay period) as compensation for providing oral bilingual skills. The City will compensate each Union employee sixty-two dollars and fifty cents ($62.50) per month ($28.85 per pay period) as compensation for providing oral and written bilingual skills.
Employees whose positions are greater than part-time but are less than full time will be compensated ninety dollars ($90) per month ($41.54 per pay period) as compensation for providing oral and written bilingual skills. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently, read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
2.8 STANDBY PAY
Employees who are scheduled on a standby basis for Emergency Call-Out during their off-shift hours shall receive a standby allowance as follows:
Employees on standby on weekdays (i.e., a sixteen (16) consecutive hour period commencing with the end of the regular scheduled work shift Monday through Friday) shall receive a standby allowance of one (1) hour's pay at the employee's regular hourly rate for each weekday night of standby required.
Employees on standby on regularly scheduled days off and on holidays (i.e., a twentyfour (24) consecutive hour period commencing at 8:00 A.M.) shall receive a standby allowance of two (2) hours’ pay at the employee's regular hourly rate for each of the aforementioned days of standby required.
The standby program for eligible Public Works employees shall be subject to the following terms:
All PW Maintenance Worker I/II employees are eligible to volunteer to be on the standby list.
Employees on the standby list will require training on the following:
o Backhoe operations
o Traffic control safety
o Chainsaw/ downed limb safety and right of way clearing o Small spill containment
o Water shut off for parks and landscapes
Employees will be assigned to the standby schedule by the Department on a rotating biweekly basis following the City’s pay periods. An employee scheduled for standby may switch a scheduled shift with another employee on the standby list only with advanced notice and approval from the Department.
While on standby employees must carry the dedicated City-provided duty phone on their person or nearby in order to respond to calls in a timely manner. Employees must City Council/RSA Agenda 140 Tuesday, May 24, 2022
13 ensure that there is sufficient cellular reception to be able to receive calls/messages on the City-provided duty phone or must forward calls to a functioning phone line. While on standby employees must answer calls or call back within ten (10) minutes of receiving a call, and when needed report to the Corporation Yard within thirty (30) minutes of the call.
An employee that fails to respond in a timely manner as described above shall not receive standby pay for that day.
Repeated failure to respond beyond two occasions over a 12-month period could result in placement at the bottom of the standby list.
2.9 HAZARD PAY
The City agrees to pay Employees assigned to clean up blood borne pathogens (“BBP”) and other potentially infectious materials (“OPIM”) an additional five percent (5%) of the employee’s base salary in the employee’s present classification for all hours while so assigned.
Other potentially infectious materials (“OPIM”) means the following: (1) human body fluids including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) HIV-containing cell or tissue cultures, organ cultures, and HIVor HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
Employees assigned will be fully trained to perform the assignment according to CalOsha Requirements. The City agrees to minimize employee exposure to any hazardous materials by continuing to solicit contractors to perform hazardous clean ups.
2.10 AUTOMATIC PAYROLL DEPOSIT
Payroll payments shall be deposited through the Automated Payroll Process to an account designated by the employee. Employees have the responsibility to designate an account that meets requirements of Automated Clearing House (ACH).
SECTION 3.0 JOB DESCRIPTIONS
City and Union agree to jointly review all future amended and new job descriptions. City agrees to give the Union two weeks' notice prior to submittal of the descriptions to the City Council for approval. Upon notice to the City, the Union may request to meet and confer, in accordance with the MMBA, regarding the modifications of current job descriptions or the creation of future job descriptions. No new or amended job descriptions will be forwarded to the City Council or posted unless and until the Union has had an opportunity to review them.
City Council/RSA Agenda 141 Tuesday, May 24, 2022
14 Employees have a right to request a desk audit from their supervisor if they feel that the duties in their job descriptions have substantially changed. The City reserves the right to determine whether or not an employee's request for a desk audit is appropriate and will not unreasonably deny any such request. In the event the City denies an employee's request for a desk audit, the City agrees to meet with the Union to discuss the employee's request, and further agrees to provide the Union with a written statement citing the reason(s) for its denial. All desk audits will be completed within 90 days of the initial request by the employee; should this time frame be impossible to achieve, the City agrees to provide the Union with advance written notice of the circumstances for the delay, and to complete the requested desk audit(s) within a reasonable amount of time. No employee will be harassed, discriminated, or retaliated against in any way for making such a request.
SECTION 4.0 WORK SCHEDULES/OVERTIME
4.1 WORK WEEK, MEALS, AND BREAKS
A full-time employee shall be assigned a work week which shall consist of five (5) consecutive days of eight (8) consecutive hours including an unpaid, duty-free lunch period with two consecutive days off within a seven-day period, 9/80 which shall consist of working 9 hours four days a week (Monday thru Thursday) and either having the Friday off or working 8 hours on that day, or 4/10 consisting of working 10 hours a day four days a week. Each day of work shall include an unpaid, duty-free lunch period. Each work week shall include either two or three consecutive days off within a seven-day period,
For employees working a 9/80 schedule, the work week for purposes of weekly overtime shall commence and end at the midpoint of their regular work schedule on the employee's 8-hour workday. For all employees except some employees in Leisure Services and Public Works, this midpoint shall be on Friday. Supervisors will be responsible for monitoring employees' hours to ensure they do not work overtime inadvertently or without prior approval. The timecard of an employee who works their regular 9/80 schedule and does not work overtime during a pay period shall show a total of eighty (80) hours.
It is understood that Management may adjust the above schedule to meet service needs, and the City may also offer, on a case-by-case basis, flexible schedules to employees, subject to mutual agreement between the City and the employee. Breaks shall be taken in accordance with Federal and/or State law.
4.2 OVERTIME
Any work required in excess of the normal workday or workweek shall be considered overtime work. Overtime work shall be recognized only when directly ordered or required by the City Manager, department head, or their designee. Overtime work shall be compensated at the rate of time and one-half the base pay rate, except that time worked on the 7th consecutive day of the work week shall be paid at two times the hourly rate of pay, provided that the employee must work a full shift on the 5th day or be called in to work for four (4) or more hours on that day.
Any full day off (with or without pay) that is not a City holiday is not counted as a workday for City Council/RSA Agenda 142 Tuesday, May 24, 2022
15 the purpose of calculating the 7th consecutive day overtime. Base pay shall include straight time pay, acting pay and special assignment pay when calculating overtime pay.
A paid day off and/or any additional day off which occurs as a result of an alternative schedule shall be counted as a consecutive workday. Hours worked beyond twelve (12) consecutive hours shall be compensated at double time except that an employee called into work whose work period extends into the next working day shall be paid at the normal rate of pay during normal work hours. In a declared emergency, employees working (12) consecutive hours shall be compensated at the rate of double time, even if the twelve consecutive hours extend into the normal workday.
Department procedures for distribution or overtime work will not be changed to avoid the payment of double time. An employee may select compensatory time off in lieu of pay for overtime. In such a case, compensatory time off may be accrued to a maximum of one hundred fifty (150) hours. Hours earned beyond the maximum will be paid out in the employee's paycheck.
Approval for the utilization of such leave shall be contingent upon the impact of operating requirements and funding available. No overtime shall be incurred by granting of compensatory time off requests. In non-emergency cases, the employee shall request use of compensatory time off forty-eight (48) hours in advance.
Seniority lists shall be established in each Public Works Department division by classification and all overtime hours worked shall be credited to each employee. The employee with the fewest number of credited overtime hours shall have the first overtime opportunity. In the case of an equal number of overtime hours worked, the most senior employee shall have the first overtime opportunity. In the event that no employee will voluntarily work offered overtime, the immediate supervisor may assign the employee with the least seniority in that classification to said overtime assignment. When the need for overtime is known sufficiently in advance, the City agrees to notify employee's three days prior to the actual overtime assignment. On June 30th of each even numbered year, overtime hours accumulated for the purpose of assignment shall be reduced to zero.
Except in instances of emergency call-out, hold over (hold over shall mean continuation of a job or project in progress) or specialized skill related to equipment operation, all employees shall have an equal opportunity to work overtime. Hold over assignments which continue after the normal end of any regular workday may be assigned to the same employees who already were working on the job or project. No call-outs will be made from the established overtime assignment to assure continuity of the job or project.
4.3 MEAL ALLOWANCE
The City shall reimburse full-time employees up to $10.00 for meals, or, at the City's option, provide an equivalent meal, when the employee works two (2) or more hours immediately following a regular shift and shall provide an additional $10.00, or, at the City's option, provide an additional equivalent meal, for each additional four (4) hours of work thereafter. For example, City Council/RSA Agenda 143 Tuesday, May 24, 2022
16 an employee who works six (6) hours immediately following a regular shift could be reimbursed up to $20.00 toward meals. Receipts are required for reimbursement.
4.4 EMERGENCY CALL-OUT
Emergency call-out lists will be established for emergency call-out purposes by Division. One list will include only those employees living within a twenty-mile radius of Union City and the second will include only those employees living outside a twenty-mile radius of Union City. In the event no employee residing within the twenty-mile limit is available for emergency call-out, those employees who live outside the twenty-mile limit shall be contacted for call-out.
SECTION 5.0 RETIREMENT BENEFITS
5.1 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the employee's portion of the CalPERS contribution and reports the payments as Employer Paid Member Contributions (EPMC) on behalf of the CalPERS classic members. For classic members receiving payments based on the 2.5% at 55 formula, these payments are equal to 8% of the member employees' reportable income. For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
A. CLASSIC MEMBERS
2.5 at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula. Beginning June 5, 2006, the City and SEIU agreed to employee cost sharing. The historical cost sharing payments made by these employees is as follows:
Effective June 5, 2006, 3.5%.
Effective July 26, 2010, 8%.
Effective May 25, 2010, 8.5%.
Effective the Payroll period including June 22, 2015, 9.0%. Effective the payroll period including June 20, 2016, 9.5%. 2% at 60: Employees hired on or after November 24, 2010, are provided benefits under the CalPERS 2% at 60 retirement formula, with benefits calculated based on their highest three-year average pensionable salary. The Parties also agreed to employee cost sharing to cover a portion of the costs of the City's CalPERS contributions. The historical cost sharing payments made by these employees is as follows:
Effective November 24, 2010, 7%.
Effective May 25, 2015, 7.5%.
Effective the Payroll period including June 22, 2015, 8.0%. Effective the payroll period including June 20, 2016, 8.5%.
City Council/RSA Agenda 144 Tuesday, May 24, 2022
17 B. NEW MEMBERS
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula. New members have historically contributed to CalPERS as follows:
Effective January 1, 2013, 7%.
Effective May 25, 2015, 7.5%.
Effective June 22, 2015, 8%
Effective the payroll period including July 1, 2016, 8.5%.
5.2 MILITARY BUYBACK
The City has amended the PERS contract to allow for the military buy-back provisions at employee's cost.
5.3 RETIREE HEALTH SAVINGS ACCOUNT
The City and Union agree to discuss the feasibility of implementing a Retiree Health Savings Account program for Union employees, in accordance with applicable Federal law and tax regulations.
SECTION 6.0 LEAVE ADMINISTRATION
Part-time Employees
Regular part-time employees will accumulate sick leave and vacation consistent with Section 6 of the full-time employee's Agreement except that the accumulation for regular part-time employees will be prorated. The prorated amount shall be determined by the relationship which the part time employee's regular schedule bears to a full-time schedule. In the event that a part time employee works full time for a period in excess of sixty (60) calendar days, the employee's benefit accumulation shall reflect the full-time schedule.
Hours accumulated in intermittent or temporary assignments shall not apply for accumulating vacation and sick leave eligibility.
6.1 BEREAVEMENT LEAVE
Full-time employees shall be granted paid bereavement leave not to exceed five working days upon the death of a member in the employee's immediate family. Days can be used either consecutively or non-consecutively.
Part-time employees shall be granted paid bereavement leave not to exceed two and one half (2.5) work days upon the death of the employee's immediate family.
Immediate family is defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, City Council/RSA Agenda 145 Tuesday, May 24, 2022
18 stepchild, domestic partner, and other individuals residing in the household for whom employee has legal guardianship.
Employees shall be granted up to one workday bereavement leave to attend the funeral of a close relative not in the employee's immediate family (for example, aunts and uncles).
Employees shall also be granted time off to attend funerals of fellow employees consistent with operating requirements.
6.2 HOLIDAYS
The City shall observe the following guaranteed holidays:
New Year’s Day January 1
Martin L. King Jr.’s Birthday 3
rd Monday in January
President’s Day 3
rd Monday in February
Memorial Day Last Monday in May
Juneteenth (Effective calendar year 2023) June 19th
Independence Day July 4th
Labor Day 1
st Monday in September
Veteran’s Day November 11th
Thanksgiving Day 4
th Thursday in November and Friday
after Thanksgiving
Christmas Eve December 24th– See 6.8 (B) below
Christmas Day December 25th
In the event a designated holiday falls upon a normal day off which is either Saturday or the first day of the two regularly scheduled days off, the employee shall observe the previous day as the holiday. In the event a designated holiday falls on a normal day off which is either a Sunday or the second day of the two regularly scheduled days off, the employee shall observe the following day as the holiday.
Effective fiscal year 2022-2023, each full-time employee shall also be granted twenty-four (24) hours of floating holiday per fiscal year which may be scheduled for use upon approval.
Each part-time employee assigned to regular ear-round assignments of twenty hours weekly shall also be granted one additional, four-hour floating holiday. Part-time employees assigned to regular, year-round, weekly assignments of twenty (20) hours are eligible for holiday leave equal to the number of scheduled work hours, when the observed day of the holiday occurs on a regularly scheduled work day.
Any floating holiday hours not used within the fiscal year earned may not be accumulated. The City shall determine the number of holidays falling on a Dark (non-working) Friday for which an employee shall be eligible for floating holiday time prior to the end of July of each year and credit the employee's floating holiday bank with the appropriate number of hours in the pay period prior to the period that the Dark (non-working) Friday falls.
City Council/RSA Agenda 146 Tuesday, May 24, 2022
19 Effective two pay periods after adoption of this MOU, the City shall credit each employee in the bargaining unit with one floating holiday.
If an employee is hired from City employment during the fiscal year the number of floating holiday accruals shall be prorated based on when the floating holiday occurs.
A. COMPENSATION FOR HOLIDAYS WORKED
Prior approval for holiday work must be obtained from the City Manager, except in an emergency where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.
Full-time employees(s) working an alternative work schedule, i.e., Tuesday - Saturday, will receive a floating holiday credit for each holiday that falls on a non-workday. (i.e., Mondays - Memorial Day, Labor Day); such full time-employee(s) who must work on a City holiday which falls on a regular workday will receive time and one-half compensation, plus credit for a full floating holiday.
B. CHRISTMAS LEAVE OBSERVED
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday.
Part-time employees whose regular work day falls on a City holiday will receive pro-rated holiday pay (50% = 4 hours, 75% = 6 hours) for the day the City observes a holiday.
Part-time employees whose regular work day does not fall on a City holiday (employee works Tuesday, Thursday and Saturday, and holiday is on a Monday), will not receive compensation or holiday credit.
Part-time employees whose regular work day falls on the same day as a City holiday and the employee is required to work will receive paid time and a half for regular hours worked that day, plus prorated floating holiday credit.
C. CITY CLOSURE
The City shall be closed between Christmas Eve and New Year's Day. During the period between Christmas Eve and New Year's Day, an employee can take accrued vacation, floating holiday, compensatory time or take the time without compensation. Sick and personal leaves are not eligible leaves for use during the closure. However, employees who become ill during the furlough may have sick leave substituted provided a medical verification of treatment from the employee's attending physician is provided promptly on return to work. Physician certificate should specify date(s) of illness. The City maintains the right to determine essential services which will still operate during the closure between Christmas Eve and New Year's.
City Council/RSA Agenda 147 Tuesday, May 24, 2022
20 6.3 JURY LEAVE
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. If at least one- half of the employee's normal day shift remains (when the employee returns to Union City), the employee shall return to work. If the employee's work shift is other than a day shift, said employees shall not be required to report to work on that day. Payment and retention of Juror Service Fees shall be governed by State law. Employees are allowed to keep any mileage or transportation allowance paid by the court. Verification of Jury Leave attendance is required.
6.4 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their department head an opportunity, within the limits of military requirements, to determine when such leave shall be taken.
6.5 OCCUPATIONAL INJURY LEAVE
For employee injury or disability falling within the prov1s1ons of the State Worker's Compensation Disability Act, additional compensation equal to the difference between 85% of said employee's regular pay and their disability compensation allowable shall be paid for a total not to exceed 176 hours per year, commencing from the date of injury or equal to one- half (1/2) of the amount of the employee's accumulated sick leave as of July 1, each year. Leave taken subject to this provision is not reportable to CalPERS and is excluded from service and pension consideration. Included in the calculation of the 176 hours granted will be compensation for any waiting period. Following exhaustion of this benefit, an employee may utilize accumulated sick leave to the extent available to make up the difference between said employee's regular pay and their disability compensation allowance.
An employee unable to perform all the normal and regular job assignments due to the on- the job injury or illness, may be assigned to modified duty function by the supervisor, when such assignments are authorized and approved by the attending physician and when appropriate work assignments are available.
Additionally, the City will continue medical, dental, v1s1on care and life insurance premiums for the injured employee and their family at the regular rate for the period the employee is on authorized occupational injury leave.
6.6 PERSONAL LEAVE
The City shall allow twenty (20) hours per year of accumulated sick leave to be used for conducting personal business activities. Personal business activities are. defined as business that cannot be conducted at a time not in conflict with the employee's workday or an emergency over which he/she has no control which requires immediate attention, or for matters affecting the immediate welfare of the employee's family as defined in Section 6.04 of this · MOU. Personal leave shall not be used as a substitute for, or in conjunction with vacation leave, nor shall it be City Council/RSA Agenda 148 Tuesday, May 24, 2022
21 used to attend social activities. A maximum of eight (8) hours of personal leave, not used during the fiscal year may be accumulated in addition to the regular 20-hour allowance, increasing the personal leave allowance to twenty-four (28) hours within the fiscal year.
In addition, employees who have accumulated a minimum of 100 hours of sick leave as of July 1 of the fiscal year may utilize eight (8) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year or employees who have accumulated 200 hours of sick leave by the beginning of the fiscal year may utilize 12 additional hours of accumulated sick leave for personal leave purpose. Personal leave hours credited under this provision are non-cumulative.
A. ADMINISTRATION
It is expressly understood that as long as the employee complies with the request deadline and form completion requirements, the only additional inquiry that can be made by a supervisor/management staff member is whether the reason for Personal Leave request can be accomplished other than during the employee’s regular work hours.
The employee must request personal leave if non-emergency, at least two (2) workdays prior to time of utilization on the form provided. In cases of emergency, the two (2) workday notification procedure may be waived by the immediate supervisor, provided the form is completed and the reason for the request is stated.
6.7 SICK LEAVE
Employees shall earn 3.69 hours per pay period of sick leave without limit on accumulation.
Employees absent without pay for any reason for more than 36 hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave records shall be maintained on an hourly basis. Sick leave shall be taken in periods of no less than fifteen (15) minutes.
A. SICK LEAVE UTILIZATION
Sick leave may be utilized due to the employee's personal illness, injury, maternity, or sickness or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum No. 21, Administration of Sick Leave which shall serve as the operating guideline for both employees and management.
Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes for a minimum of one (1) hour and shall not exceed four (4) hours except in unusual circumstances.
Absence for illness may not be charged to sick leave if not already accumulated by the employee. It is the City's intent that discussions regarding an employee's attendance take place in conditions that ensure the employee's privacy rights are safeguarded.
Employees who become ill during a scheduled vacation may have sick leave substituted for vacation hours for the days/hours of the illness/injury, provided a medical verification of City Council/RSA Agenda 149 Tuesday, May 24, 2022
22 treatment from the attending physician is provided promptly on return to work. An employee unable to perform all the normal and regular job assignments due to personal illness or non-jobrelated injury, may request light duty assignments in lieu of sick leave absence, when such assignments are authorized in writing by the employee's attending physician. Light duty assignments are subject to work availability and approval by the supervisor.
B. SICK LEAVE NOTICE & CERTIFICATION
In order to receive compensation while absent on sick leave, the employee or someone on their behalf shall notify their immediate supervisor prior to or within one (1) hour after the time set for reporting to work except in unusual circumstances. When absence is for three (3) or more consecutive workdays, the employer may require the employee to- file a physician's certificate stating cause of absence with the supervisor, for forwarding to the Human Resource Department.
The intent of this provision shall not be circumvented by the return of an employee to work for one day and, thereafter taking sick leave for more than three (3) consecutive workdays.
6.8 UNPAID LEAVES OF ABSENCE
The City Manager, upon written request of a full-time employee other than a probationary employee, may grant for the good of service, a leave of absence without pay for a maximum period of one (1) year. The City Manager may grant an extension or an approved leave of absence without pay for an additional period, said extension not to exceed one (1) year.
Leave may be granted if it does not have an unduly adverse impact on the service, the purpose of the leave would be beneficial to the City or would meet some pressing and extreme need of the employee. Requests for an unpaid leave of absence for the birth or adoption of a child may be submitted pursuant to this provision, and consistent with Administrative Policy Memorandum #21 and the Family Medical Leave Act. Whenever granted, such leave shall be in writing and signed by the City Manager. Upon expiration of such a leave, the employee shall be reinstated to the position held at the time the leave was granted and said employee shall retain their seniority based on years of service earned prior to the leave of absence. Failure of the employees to report promptly at the expiration of the leave of absence or within a reasonable time after notice to return to duty shall terminate their right to be reinstated.
Notwithstanding the above, the City will comply with the provisions of the Family Medical Leave Act of 1993, effective February 5, 1994, and the California Family Rights Act of 1991, as amended and defined by regulations to be issued by the State Department of Fair Employment and Housing and the U.S. Department of Labor.
6.9 VACATION
From the beginning of employment with the City through completion of three (3) years of fulltime service, an employee shall earn 3.08 hours vacation leave per pay period.
Employees shall receive cash payment for unused vacation earnings at their current salary rate at the time of separation. Preference shall be given to the most senior employees within a classification in a division in scheduling a vacation.
City Council/RSA Agenda 150 Tuesday, May 24, 2022
23 Effective on the adoption of the MOU, employees shall accrue vacation in accordance with the table below:
Years of Completed
Service
BiWeekly
Accrual
Annual
Accrual Rate
0-3 Years 3.08 Hours 80 Hours
4-8 Years 4.62 Hours 120 Hours
9-12 Years 5.38 Hours 140 Hours
13-15 Years 6.15 Hours 160 Hours
16 Years and Over 7.69 Hours 200 Hours
Employees may not use vacation benefits during the first six months of service except during the holiday furlough between Christmas Eve Day and New Year's Day. Vacation benefits are accrued bi-weekly and may be accrued to a maximum balance of two times the annual accrual rate.
If the employee reaches maximum accrual, they will no longer accrue vacation until their excess vacation balance is below the required cap.
Employees must take a minimum of 40 hours vacation and/or compensatory time per fiscal year.
Employees not using at least 40 hours vacation and/or compensation time off per fiscal year shall have their accumulated vacation allowance charged for the difference between actual vacation leave taken and 40 hours.
Employees absent without pay for more than 36 hours during a pay period do not earn vacation benefits for that pay period.
For fiscal year 2021-2022, employees who take a minimum of 80 hours of vacation or compensatory time off during a fiscal year are eligible to cash in up to 80 hours of accrued vacation balance. In order to be eligible to cash in accrued vacation the employee must have an accrued vacation balance after cashing in vacation of at least 40 hours. An employee must make a written request prior to June 1 of the year.
Beginning calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay. At the time of distribution, the following must be true:
The employee must have taken a minimum of eighty (80) hours of vacation and/or compensatory time off in the preceding twelve (12) months. The employee must have a remaining balance of at least forty (40) hours following the sell back.
Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.
City Council/RSA Agenda 151 Tuesday, May 24, 2022
24 The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation sellback program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the vacation sellback program.
6.10 PREMIUM PAY DURING PAID LEAVE
Regular premium pay shall continue to be paid during such paid leaves as vacation, sick leave, etc.
SECTION 7.0 PROBATIONARY PERIOD
Probationary period for all employees shall be one thousand forty hours (1,040) worked.
Maintenance Trainee - Streets and Maintenance Trainee - Parks and Grounds employees will have a probationary period of two-thousand eighty hours (2,080). Trainees will be provided onthe-job training sufficient to acquire knowledge and skills within specific (quarterly) time frames. Only those Trainees who complete and pass quarterly knowledge and skills examinations and obtain their Class A driver's license within one year, will continue training and employment.
Any Trainee who fails to pass the quarterly examination will be released from the Trainee position. Employees who are hired as a Maintenance Trainee (Streets and Maintenance & Parks and Grounds) and who promote to a Maintenance Worker 1, shall serve maximum probationary period of two-thousand eighty (2080) hours while an incumbent of either the Maintenance Trainee or as a Maintenance Trainee and as a Maintenance Worker I. Employees who promote from a Maintenance Trainee to a Maintenance Worker I shall not be subject to an additional probationary period.
SECTION 8.0 HEALTH AND WELFARE BENEFITS
8.1 MEDICAL INSURANCE
The City shall contribute to the cafeteria plan (medical, dental and vision) for each bargaining unit member to Two Thousand dollars ($2,000) per month. This monthly contribution includes the City's basic employer contribution for health premiums under PEMHCA which City Council Resolution No. 2279- 02 set as the minimum required under PEMHCA. Employees shall pay premium costs exceeding this amount.
The City shall provide the regular part time employees the same medical benefits as provided to full time employees except that the City contribution toward medical, dental and/or vision coverage for those part time employees who are eligible for coverage shall be prorated. The prorated amount shall be determined by the relationship which the part time employee's regular schedule bears to the full-time schedule.
In the event that a parttime employee works full time for a period in excess of sixty (60) calendar days, the employee's benefit accumulation shall reflect the full-time schedule. Part-time employees assigned to intermittent, temporary or regular assignments of less than twenty (20) hours per week are not eligible to participate in the group medical, dental, or vision care plans.
City Council/RSA Agenda 152 Tuesday, May 24, 2022
25 This exclusion specifically includes part-time employees who may accumulate more than 1,000 hours of work per year by combining two or more temporary or intermitted work assignments (i.e., indifferent programs)
The Union agrees to meet and confer with the City regarding the potential re-structuring of employee medical insurance benefits, with the understanding that such discussions are not intended to reduce employee benefits, but rather, to assist the City in controlling its medical insurance costs and increase administrative flexibility.
Employees who are also covered for medical benefits through a spouse's or other alternative medical insurance coverage may elect not to enroll in a City group medical plan. In lieu of payment of medical insurance premiums, the City will pay the employee who waives coverage, the amount of three hundred dollars ($300) per month or $138.46 per pay period. Employees may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee's ICMA deferred compensation account. Approval for the cash payment/deferred compensation deposit is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Director. Retirees may elect to continue coverage with the group medical plan.
The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and SEIU at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City's basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
Payment of the City's share of medical insurance premium costs during approved leave of absence for medical reasons shall be as provided in the Family and Medical Leave Act of 1993.
8.2 LIFE INSURANCE
The City shall provide life insurance and AD&D coverage for each employee in the amount of $100,000. Additional life insurance may be provided at employee's expense.
8.3 MEDICAL EXAMINATION
The Grounds Division employees assigned to spray operations will receive appropriate annual medical examinations.
8.4 FLEXIBLE BENEFIT PLAN
The City agrees to implement a Section 125 (Flexible Benefit) Plan for bargaining unit employees subject to the following conditions being satisfied:
A. Participating bargaining unit employees shall pay a monthly fee not to exceed $10.00 as determined by the Plan Administrator.
City Council/RSA Agenda 153 Tuesday, May 24, 2022
26 B. The City's insurance broker-of-record shall present the City with acceptable alternatives for plan administration.
C. Plan elements shall include premium conversion, dependent care, un-reimbursed medical andAlternate Benefit.
D. The Plan shall be made available to all City employees.
8.5 DISABILITY INSURANCE
The weekly indemnity insurance plan shall provide the same benefits as State Disability Insurance and the City shall pay up to a maximum of $12.50 toward the monthly premiums for each employee. Employees shall be responsible for payment of monthly premiums above $12.50.
SECTION 9.0 SAFETY
9.1 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, UNIFORMS
Safety equipment which in the sole discretion of the City is necessary for employees shall be furnished by the City.
Protective clothing such as uniforms, gloves, raincoats, safety toe covers, etc. shall be provided in sufficient quantities. Employees who are furnished with a uniform by the City are expected to wear it at all times when on duty. Approved tee-shirts are in compliance with the uniform complement. Tools required by the City shall be furnished without charge, however, employees shall be responsible to exercise due diligence and care to prevent and avoid loss, theft, damage, and breakage.
Mechanics, Lead Mechanic and Mechanic Trainee are responsible for providing their own hand tools and socket sets up to %'' drive. However, the City will provide Technicians, Mechanics, Lead Mechanic and Mechanic Trainee a tool allowance of
$400/year. Such allowance will be used to pay for hand tools which the employees purchase and use in the course of working on City vehicles. Such allowance will be paid to employees as a reimbursement for tools which have been purchased and are used for work on city vehicles and equipment. Employees will be required to submit receipts in order to be reimbursed.
The City, at its cost, shall provide winter jackets to Parks and Grounds, Streets, Building Maintenance, and Garage employees. In addition, Building Inspectors and Public Works Inspectors will be provided winter jackets.
9.2 SAFETY SHOES/BOOTS/GLASSES
The City agrees to pay eligible bargaining unit employees in the Street Division, Parks and Grounds Division, Building Maintenance Division, Building Inspector, Public Works Inspector, and Garage operation classifications $250 in the second pay period of each fiscal year, to purchase construction type, hard-soled boots to be worn on the job. Effective 7-1-18, the City Council/RSA Agenda 154 Tuesday, May 24, 2022
27 maximum amount will be increased to $300. The Safety Committee shall develop a list of available boots meeting these requirements.
An employee may elect to receive city-paid basic prescription safety glasses no more than once every two years, based on the employee's VSP eligibility period. "Basic" prescription safety glasses are defined as those furnished with shatterproof lenses, scratch resistant coating, tinting, and side shields, but not including cosmetic lens treatments such as grinding or upgraded frames.
9.3 SAFETY AND TRAINING COMMITTEE
A Safety and Training Committee consisting of representatives from all City departments shall meet no less frequently than quarterly to hold safety inspections and meetings to recommend improvements consistent with OSHA and to recommend training programs to City management.
The Union may designate up to three (3) representatives to the Committee. The Human Resources Director or designee shall serve as staff to the Committee.
Skills and Safety Enhancement Opportunities
The Safety and Training Committee representatives designated by the Union shall meet with the Human Resources Director and/or the Human Resources Director’s designee for the purpose of identifying and promoting job skill enhancement, safety and career development training needs for bargaining unit members. Such job skill enhancement, safety and career development training that may be offered may include, but is not necessarily limited to: computer, written and oral presentation, communication, interviewing, ergonomic, cyber security, disaster preparedness, first aid/CPR, hazardous materials, safety on the job in addition to other employment-related training offered by the City.
9.4 WORKPLACE SAFETY
The City shall endeavor to provide safe and healthy working conditions for employees. The City will continue to make a good faith effort to assure safe and healthy working conditions for pregnant employees including provision of safety equipment, manual performance of the work, and medically recommended restrictions.
The City agrees to meet with the Union, upon request, to review findings and receive recommendations for modifications in safety regulations.
9.5 DMV EXAMINATIONS
The City agrees to pay for any medical examination or driver's license fee for any bargaining unit employee who is required by the City to obtain and maintain a OMV Class A or B license in order to perform their regular duties. Such medical examinations will be provided by a qualified City physician during the employee's normal working hours unless otherwise arranged by the supervisor and employee. It is expressly understood that the City will not incur any over-time payments as a result of the medical examinations.
City Council/RSA Agenda 155 Tuesday, May 24, 2022
28 SECTION 10.0 GRIEVANCE PROCEDURE/DISCIPLINARY
PROCEDURE
10.1 GRIEVANCE DEFINITIONS
A grievance shall be defined as any dispute, which involves the interpretation or application of the Memorandum of Understanding of the City of Union City Personnel Rules. All grievances filed shall utilize the approved grievance form.
Grievances submitted in writing pursuant to this provision shall cite the section of the M.O.U. alleged to have been violated. The parties recognize disputes shall be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or Union to bypass the initial steps if the case involves decisionmaking at a higher administrative level.
10.2 GRIEVANCE PROCEDURE
Step 1: The employee and/or their representative may present the grievance informally, in writing, or orally, to the immediate management supervisor within ten (10) working days of the occurrence of the dispute or ten (10) working days from such time as the employee or Union could have reasonably been aware of the occurrence. The supervisor shall respond within seven (7) working days of submittal by/or discussion with the grievant.
Step 2: Should the grievance remain unresolved at Step 1; the grievance may be submitted to the Department Head or their designee within seven (7) working days of the discussion held in Step
1. A written response will be given to the employee and the Union within seven (7) working days of submittal to the Department Head or their designee.
Step 3: Should the matter remain unresolved, the grievance will be submitted to the Human Resources Director and/or the City Manager and assigned Union Business Representative who shall meet within twenty (20) working days of receipt of the grievance from Step 2 and attempt to resolve the grievance. The Human Resources Director or City Manager shall provide a written response within ten (10) working days of the date of discussion with the Union Business representative.
Step 4: Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 3. The names of five (5) Factfinders shall be obtained from the State Conciliation Service. The City and Union shall alternately strike names from the list beginning by a coin flip until one name remains. The City and Union agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation(s) to the parties to resolve the dispute. Said recommendation(s) must be accepted by both the Union and the City Council in order to become effective.
In the event the recommendation(s) is rejected by either party, the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the grievance procedure shall stand, or City Council/RSA Agenda 156 Tuesday, May 24, 2022
29 other action by the City Council, or the Union may be considered. The Factfinder shall have no power to make recommendation(s), which would change, add, delete, or otherwise amend this Agreement or Rules, Regulations or Resolution of the City by reason of their recommendation(s), but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of the proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent in such meetings. The time between the steps of the procedure may be extended by mutual agreement; requests for an agreement to extend the deadline shall be confirmed inwriting.
Failure by the employee or Union to follow the time limits unless extended by mutual agreement shall cause the grievance to be considered withdrawn. Failure by the City to follow time limits unless extended by mutual agreement shall cause the grievance to be deemed settled in favor of the employee.
10.3 DISCIPLINARY DEFINITIONS
The City agrees to utilize a progressive disciplinary approach to correct an employee's behavior or improve the employee's work product.
At the time of initial filing of an appeal involving a disciplinary matter, the employee must elect to utilize either the appeal procedure contained in the Memorandum of Understanding, or the grievance procedure outlined in the City Personnel Rules, Section
12.00. All appeals filed shall utilize the approved appeal form. Election of either procedure shall preclude utilization of the other.
10.4 SUSPENSION: NOTICE OF INTENT
The City agrees to hold disciplinary suspensions in abeyance until completion of the second (2nd) step of the Appeal Procedure. The City shall provide the Union Business Representative with a copy of any Notice of Intent to impose disciplinary action against a bargaining unit employee.
Step 1: An employee who receives a Notice of Intent to Impose Disciplinary Action may request a Skelly Hearing in accordance with Skelly vs. the State Personnel Board. The City shall assign a Skelly Officer to hear the matter and make a determination.
Step 2: Should the matter remain unresolved; the appeal will be submitted to the Human Resources Director and/or the City Manager and assigned Union Business Representative who shall meet within twenty (20) working days of receipt of the appeal from Step 1 and attempt ·to resolve the grievance. The Human Resources Director or the City Manager shall provide a written response within ten (10) working days of the date of discussion with the Union Business Representative.
Step 3: Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 2. The names of five (5) Factfinders shall be obtained from the State Conciliation Service. The City and Union shall City Council/RSA Agenda 157 Tuesday, May 24, 2022
30 alternately strike names from the list beginning by a coin flip until one name remains. The City and Union agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation(s) to the parties to resolve the dispute. Said recommendation(s) must be accepted by both the Union and the City Council in order to become effective.
In the event the recommendation(s) is rejected by either party, the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the appeal procedure shall stand, or other action by the City Council or Union may be considered. The Factfinder shall have no power to make recommendation(s), which would change, add, delete, or otherwise amend this Agreement or Rules, Regulations or Resolution of the City by reason of their recommendation(s), but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the appeal may be present at the request of either party during any stage of the proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent in such meetings. The time between the steps of the appeal procedure may be extended by mutual agreement; requests for an agreement to extend the deadline shall be confirmed inwriting.
Failure by the employee or Union to follow the time limits unless extended by mutual agreement shall cause the appeal to be considered withdrawn. Failure by the City to follow time limits unless extended by mutual agreement shall cause the appeal to be deemed settled in favor of the employee.
SECTION 11.0 MISCELLANEOUS PROVISIONS
11.1 EDUCATION REIMBURSEMENT
When an employee voluntarily and with prior approval of the Human Resources Director undertakes any education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training. The reimbursement will be limited to $1,500 per year. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the cost of the books. When the class is of unusual value and cannot be rescheduled during the employee's off hours, the employee may be excused at no loss of pay.
11.2 BENEFICIAL PRACTICES
City agrees that, as a result of signing this agreement, rules or regulations or practices regarding wages, hours and other terms and conditions of employment will not be changed without prior negotiations as provided by State law.
11.3 CONTRACTING OUT
The City shall create a labor/management committee consisting of the Union President and one other individual designated by the Union, at least 45 days prior to releasing a Request for City Council/RSA Agenda 158 Tuesday, May 24, 2022
31 Proposals to replace existing work performed by the bargaining unit that will require the layoff of employees in the bargaining unit. The Committee shall meet to discuss the following:
Review the proposed scope of the work to be covered in the RFP. Review the current cost for the City to provide the service. Determine if there are any ways to reduce the current cost for providing the service.
After meeting with the Union, the City shall determine if the need still exists to issue the RFP. If the RFP results in a lower cost, the City shall have the right to accept the RFP.
The City will give the Union two (2) weeks' notice prior to contracting out bargaining unit work which does not result in a reduction of force.
11.4 HEALTH AND SAFETY
In the event an employee has justifiable reason to believe that safety and health are in danger due to an alleged unsafe working condition, or alleged unsafe equipment, he/she shall immediately inform their supervisor who shall have the responsibility to determine what action, if any, should be taken. Should equipment be necessary, the City shall make every effort to acquire it in an expeditious manner, contingent on available funds. An employee may be reassigned to perform other duties pending full investigation of the alleged unsafe condition and/or equipment and corrective action being taken. In addition, the City agrees to maintain a Safety Committee, which will make recommendations on health and safety issues that occur in the workplace. In order to provide a safe and healthy place to work, the City agrees to comply with laws applicable to its operations concerning the safety of employees covered by this agreement. It is the responsibility of both represented and management employees to comply with all safety rules and regulations established by the City.
11.5 FILLING OF VACANCIES
The City agrees that it will make all reasonable efforts to ensure that vacancies occurring in bargaining unit positions are filled within six (6) months of the occurrence of the vacancy.
However, the City shall not be deemed in violation of this provision if extenuating circumstances occur; such extenuating circumstances may be, but are not limited to, special recruitment considerations and/or classification/organizational issues. In the event a position cannot be filled within six (6) months, the City will notify the Union in a timely manner. In the event of extended authorized industrial injury, personal or temporary leaves of absence, the Union agrees that the City may make temporary appointments consistent with applicable City Personnel Rules to ensure that services continue to be provided.
11.6 PERSONNEL FILES
A Written Reprimand in an employee's personnel file will be removed from the file one year after date of issuance. Removal of a Written Reprimand from an employee's personnel file is subject to the following:
City Council/RSA Agenda 159 Tuesday, May 24, 2022
32 A written request for removal of a Written Reprimand, from the affected employee, is received by the Human Resources Department.
No additional disciplinary action has been imposed upon the affected employee within the one-year period following issuance of the initial Written Reprimand.
11.7 SAVINGS CLAUSE
In the event any provision of the Agreement is declared by a court of competent jurisdiction to be illegal or unenforceable, such nullification shall not affect any other provisions of the Agreement and the parties shall renegotiate the voided section to conform as nearly as possible to the original intent.
11.8 REVIEW OF OPERATIONAL ITEMS OF MUTUAL INTEREST
The parties agree that the Executive Board and Management (Human Resources Director and Deputy City Manager) will continue to meet on a monthly basis to review operational items of mutual interest.
11.9 SEPARABILITY
In the event that any portion of this Agreement shall be held to be in violation of any federal or state law or final judicial decision of a court of competent jurisdiction, the balance of the Agreement shall continue in full force and effect, and the parties shall within 60 days of such determination, commence negotiations to re-write the affected provision(s) to remedy the legal defect(s) and to conform as closely as possible to the intent of the original language.
SECTION 12.0 TRANSFER AND PROMOTION PROCEDURES
The City shall post announcements for all City job vacancies at each of the following locations:
Civic Center Corporation Yard Holly Community Center Kennedy Community Center Ruggeri Senior Center Union City Sports Center Announcements shall be posted for ten workdays.
Non-probationary part-time employees scheduled for year-round weekly assignments of twenty (20) hours of more may request movement to a vacant, full-time position in the same classification within the same department. Such request must be made in writing to the Department Head and Human Resources Director and must be received prior to the final filing date of the recruitment process as established by the Human Resources Department. The Department Head shall have the discretion to deny the request or recommend that the action be approved by the Appointing Authority. In the event of approval, the employee shall be subject to a six-month probationary period, regardless of step placement within the salary range. It is understood that part-time employees as defined above, may apply for movement to a full-time vacant position in another department. However, approval of such action shall occur only with the consent of both department heads as specified in Section 8.04 of the Personnel Rules, and the affected employee shall serve a six (6) month probationary period City Council/RSA Agenda 160 Tuesday, May 24, 2022
33 12.1 REALLOCATION OF POSITION
The City agrees to conduct a Certification Analysis in instances where a part-time position is reallocated to a different City classification on a full-time regular basis, provided that no fulltime regular employees in the classification request transfer. The Certification Analysis shall be conducted by the Human Resources Department for the purpose of determining an incumbent's qualifications relative to the qualifications established for the newly classified position. The Certification Analysis shall evaluate:
a) Whether the incumbent meets the established minimum qualifications for the alternate classification;
b) Whether the incumbent is non-probationary;
c) Whether the incumbent's job performance has been satisfactory, as demonstrated by overall satisfactory performance appraisals, and the absence of disciplinary action, for a period of one-year prior to the establishment of the newly created position.
An incumbent who does not meet the minimum qualifications for the alternate classification, as determined by the Certification Analysis, shall not be considered for appointment to the newly created position.
Should an eligibility list exist for, and the incumbent has been determined to meet the minimum qualifications of the alternate classification, the incumbent shall be certified to the eligibility list in an unranked position. The incumbent and all eligible that have been certified for the eligibility list will be considered when filing the newly classified position.
Should no eligibility list exist for, and the incumbent meets the minimum qualifications the alternate classification, and no full-time regular employee in the classification requests transfer to the newly created position, the incumbent shall be appointed to the position.
It is further agreed that whenever a part-time position in a given City classification is reallocated to full-time in the same classification, the following "'order of filling" that full- time position shall be observed:
1. Full time employees wishing to exercise transfer rights as provided in Section 8.03 of the City Personnel System Rules and Regulations.
2. The incumbent in the part-time position, given overall satisfactory job performance and the absence of disciplinary action.
3. Part-time employees requesting movement pursuant to Section 9.00 Transfer, of the Parttime Provisions of this M.O.U.
4. Open competitive examination.
City Council/RSA Agenda 161 Tuesday, May 24, 2022
34 SECTION 13.0 DURATION
This agreement shall continue in full force and effect from January 1, 2019 to December 31, 2021.
City Council/RSA Agenda 162 Tuesday, May 24, 2022
35 LETTER OF AGREEMENT
9/80 ALTERNATE WORK SCHEDULE
1. IMPLENTATION
A. WORK PERIOD DEFINED
For employees working a 9/80 schedule, the workweek for purposes of weekly overtime shall commence and end at the midpoint of their regular work schedule on the employee's 8-hour workday. For all employees, this midpoint shall be on Friday. Supervisor will be responsible for monitoring employees' hours to ensure they do not work overtime inadvertently or without prior approval. The timecard of an employee who works their regular 9/80 schedule and doesn't work overtime during a pay period shall show a total of eighty (80) hours.
A 9/80 work plan is a schedule that allows an individual to work eighty (80) hours in nine (9) days and have the tenth day in the two-week period off. In order to accomplish this, an individual will work nine (9) hours on Monday, Tuesday, Wednesday, and Thursday each week. During the first week, the individual will work eight (8) hours on Friday and in the second week the individual will have Friday off except for employees in Leisure Services who will develop a 9/80 schedule which alternates their additional weekday off. Consistent with Section 4.02 Overtime of the City-SEIU 790 MOU, overtime compensation will be paid for assigned hours worked in excess of the normal workday (8 or 9 hours, depending on scheduling) and/or the normal work week
B. DAYS OFF
Every other Friday shall be the designated day off. This will concentrate the effect of the alternate work schedule (AWS) and make it easier to plan work schedules and meetings. It is understood that there should be fewer day/hours off for medical appointments, personnel leave, etc., since staff is encouraged to schedule these on their day off.
C. VACATION
The employee will be charged for the number of hours that they would have been scheduled to work during the period they are on vacation, i.e., vacation is Monday - Friday, the hours during that period could be either 44 or 36 depending on the individual's schedule.
D. SICK LEAVE
A day sick would be charged as nine (9) hours unless the sick day falls on the normally schedule eight (8) hour day. No adjustments or allowances are made for illness on a normally scheduled day off.
City Council/RSA Agenda 163 Tuesday, May 24, 2022
36 E. BEREAVEMENT LEAVE
Leave time requested under Section 6.04 shall be converted to hours based on a 9-hour day unless the bereavement day falls on the normally scheduled eight (8) hour day.
Bereavement Leave: Five (5) days allowed, equivalent to forty (40) hours.
F. MILITARY LEAVE, JURY DUTY
If the duration of leave is expected to be longer than one week, the employee will automatically convert to a five-day, forty-hour (5/40) week at the beginning of the work period in which the military leave or jury duty is scheduled to begin. After completion, the employee may return to the 9/80 program at the beginning of the next work period after their return.
G. LUNCH PERIOD/BREAKS
For City Hall employees, in addition to a one (1) hour unpaid lunch, one 15-minute break in the morning, and one in the afternoon, are permitted for employees participating in the plan, schedule according to departmental needs. Unused break time is forfeited and may not be used to extend the meal period or reduce the workday.
Corporation Yard employees shall also be entitled to one 15-minute break in the morning and one 15-minute break in the afternoon.
H. EXCEPTIONS
It may be necessary to have staff members revert to a 5/40 schedule due to operational requirements. This will occur only on a case-by-case basis as recommended by the Department Head and authorized by the City Manager. In such instance, the City shall provide the Union and affected employees with ten (10) working days' notice prior to such change. The Maintenance II Public Works position shall not work the 9/80 schedule.
In rare instances, employees may be asked/required to work on their day off. If this occurs, the member will receive either compensatory time or overtime as provided in Section 4.02 of the M.O.U.
I. WORKDAY
All participating employees in City Hall shall work 8.00a.m. to 6:00p.m. on the nine (9) hour days; on the eight (8) hour days, the schedule shall be 8:00a.m. to 5:00p.m. with one hour for lunch. The public reception/service counters in City Hall shall remain open to the public on both the 8-hour and 9-hour workdays from 12:00p.m. to 1:00p.m. Employees at the Corporation yard shall work 7:00a.m. until 4:30p.m. on the 9-hour workday, with a half hour unpaid lunch; on the eight (8) hour day, employees shall work 7:00a.m. to 3:30p.m. with a half-hour unpaid lunch. During Daylight Savings Time, Corporation Yard employees shall report to work at 6:30a.m.; during Standard Time, the shift start time shall revert to 7:00 a.m.
City Council/RSA Agenda 164 Tuesday, May 24, 2022
37 APPENDIX A-1
City of Union City Salary Compensation Plan Effective 05/30/2022 City Council/RSA Agenda 165 Tuesday, May 24, 2022
38 APPENDIX B
City of Union City
Definitions
Temporary Employee
A Temporary employee is a non-regular employee who is hired for a limited time period under one of the following conditions:
1) To work in the absence of a permanent employee who is on leave. 2) To work for a defined period which does not exceed one thousand (1,000) hours per year or does not exceed a period of six (6) months.
3) To work on a special project which does not exceed twelve (12) months.
Regular Full-Time Employee
A regular full-time employee is an employee who is hired into a permanent forty (40) hour per week position in the competitive service and who has completed their probationary period.
Regular Part - Time Employee
A regular part-time employee is and employee who is hired into a permanent twenty (20) to thirty-nine (39) hours per week position in the competitive service and who has completed their probationary period.
Probationary Employee
A probationary employee is a regular full-time or regular part-time employee who is hired into a position in the competitive service and who is serving a probationary period of 1,040 hours Probationary Period
A probationary period is the initial period of employment in which an employee is required to demonstrate their ability to meet the requirements of the position to which the employee is appointed.
Provisional Appointment
A provisional appointment is an appointment of a person to a regular position in the competitive service in the absence of an eligibility list. The person who is appointed must possess the minimum qualifications for the position. The appointment period will not exceed six (6) months.
The appointment may be extended by one (1) month with approval of the City Council.
City Council/RSA Agenda 166 Tuesday, May 24, 2022
39 SIDE LETTER – TRANSFER GUIDELINES
The guidelines under this program apply to regular, full-time employees only.
Regular, full-time employees (those who have completed probation) are eligible for consideration for transfer (movement within classification to a different division or department).
On an annual basis, eligible employees may indicate their interest in transfer by submitting a transfer application to the Human Resources Department. Transfer guidelines are as follows:
1. Transfer must be within classification.
2. Transfer is open only to employees who have completed probation.
3. Employees who accept a transfer position are subject to successful completion of a six (6) month probationary period.
4. Your current position will not be filled full-time, regular during your six (6) month "transfer" probation.
5. Employees with active discipline in their personnel files (within one year) are not eligible for transfer.
6. Hiring supervisors/managers may elect to use a transfer list, an eligible list or both lists.
7. All transfer candidates who meet the education, experience and physical requirements of the position will be considered when a hiring supervisor/manager elects to use a transfer list.
8. HR will request that all employees who wish to place themselves on a transfer list do so during the month of December.
9. All employees who submit transfer applications during the month of December, and meet all criteria for the position, will have their names placed on the appropriate transfer list and will be eligible for consideration for any openings occurring during the period Jan 1 to Dec 31 of the following year.
10. Employees who accept a transfer assignment will have their eligible dates for salary increases adjusted. Employees will be transferred at their current salary; however, any subsequent movement on the salary range will be based upon the adjusted hire date. An employee who returns to their former position within the six-month period will have their salary increase dates restored.
City Council/RSA Agenda 167 Tuesday, May 24, 2022
40 FOR THE CITY: FOR SEIU LOCAL 1021
Lilybell Nakamura, Human
Resources Director
Date Blake Huntsman, Chief Negotiator Date
Jeff Bailey, Union City Chief
Negotiator
Date Saad Muhammad, Field
Representative
Date
Charles Bales, Bargaining Team Date
Jaymin Munoz, Bargaining Team Date
Michael Jester, Bargaining Team Date
Alma Gomez, Bargaining Team Date
Jesus Garcia, Bargaining Team Date
Erin Ewing, Bargaining Team Date
City Council/RSA Agenda 168 Tuesday, May 24, 2022
Salary Compensation Table
Service Employees International Union (SEIU)
FY 2021-2022
Effective: May 30, 2022
CITY OF UNION CITY
City Council/RSA Agenda 169 Tuesday, May 24, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU 1021 50520 Administrative Assistant I 4,999 5,229 5,469 5,725 5,987 SEIU 1021 50525 Administrative Assistant II 5,469 5,725 5,987 6,266 6,556 SEIU 1021 50530 Administrative Assistant III 5,987 6,266 6,556 6,863 7,186 SEIU 1021 50290 Bldg./Code Comp. Inspector 7,213 7,547 7,893 8,255 8,632 SEIU 1021 50201 Bldg./Code Comp. Insp. - Trainee 6,360 6,657 6,962 7,281 7,615 SEIU 1021 50255 Building Permit Technician 5,750 6,039 6,330 6,622 6,911 SEIU 1021 50251 Building Permit Technician II 6,252 6,555 6,875 7,210 7,562 SEIU 1021 50566 Communications Coordinator 5,134 5,371 5,617 5,880 6,149 SEIU 1021 50256 Community Development Technician 5,610 5,892 6,176 6,461 6,742 SEIU 1021 50351 Facility Maint - Worker 5,556 5,806 6,068 6,347 6,633 SEIU 1021 50080 Finance Specialist I 4,653 4,861 5,095 5,335 5,583 SEIU 1021 50090 Finance Specialist II 5,095 5,335 5,583 5,852 6,128 SEIU 1021 50100 Finance Specialist III 5,583 5,852 6,128 6,420 6,728 SEIU 1021 50332 Lead Facilities Maintenance Worker 6,511 6,808 7,121 7,437 7,783 SEIU 1021 50537 Lead Outreach Worker 5,365 5,634 5,916 6,211 6,522 SEIU 1021 50323 Lead Veh. Heavy Eqpt. Mech. 6,838 7,148 7,477 7,809 8,172 SEIU 1021 50361 Leisure Services Maintenance Worker 4,936 5,183 5,442 5,714 6,000 SEIU 1021 50360 Maint I - Parks & Grounds 5,081 5,321 5,569 5,830 6,107 SEIU 1021 50330 Maint I - Streets 5,335 5,587 5,848 6,122 6,412 SEIU 1021 50342 Maint II - Parks & Grounds 5,625 5,890 6,164 6,455 6,760 SEIU 1021 50320 Maint II - Streets 5,907 6,185 6,472 6,777 7,098 SEIU 1021 50325 Maint Trainee-Parks & Grounds 4,354 4,556 4,770 4,990 5,223 SEIU 1021 50350 Maint Trainee-Streets 4,354 4,556 4,770 4,990 5,223 SEIU 1021 50500 Office Specialist I 3,941 4,122 4,304 4,496 4,700 SEIU 1021 50505 Office Specialist II 4,293 4,485 4,689 4,903 5,124 SEIU 1021 50510 Office Specialist III 4,685 4,899 5,120 5,356 5,601 SEIU 1021 50560 Preschool Site Supervisor II 3,934 4,131 4,338 4,555 4,782 SEIU 1021 50291 Public Works Inspector 7,102 7,501 7,864 8,244 8,642 SEIU 1021 50370 Public Works Maintenance II 5,625 5,890 6,164 6,455 6,760 SEIU 1021 50110 Recreation Administrative Technician 6,148 6,455 6,778 7,117 7,473 SEIU 1021 50160 Recreation Program Coordinator 5,596 5,869 6,158 6,463 6,779 SEIU 1021 50600 Recycling Programs Coordinator 5,774 6,055 6,353 6,669 6,995 SEIU 1021 50380 Special Projects Coordinator 5,234 5,481 5,736 6,005 6,290 SEIU 1021 50538 Street Outreach Worker 4,018 4,219 4,430 4,652 4,884 SEIU 1021 50341 Street Sweeper Operator 5,691 5,948 6,216 6,502 6,795 SEIU 1021 50517 Transit Coordinator 6,585 6,893 7,245 7,550 7,905 SEIU 1021 50321 Veh. Heavy Eqpt. Mech. 6,105 6,381 6,673 6,975 7,298 SEIU 1021 50326 Vehicle Equipment Technician 4,832 5,072 5,327 5,593 5,872 SEIU 1021 50536 Youth Employment Coordinator 5,365 5,634 5,916 6,211 6,522 SEIU 1021 PT 50373 Facilities Maint Attendant (PT) 24.09 25.29 26.56 27.89 29.29 SEIU 1021 PT 50533 CRS Program Manager (PT) 19.04 19.97 20.98 22.01 23.10 SEIU 1021 PT 50500 Office Specialist I (PT) 22.74 23.78 24.83 25.94 27.12 SEIU 1021 PT 50505 Office Specialist II (PT) 24.77 25.88 27.05 28.29 29.56 SEIU 1021 PT 50510 Office Specialist III (PT) 27.03 28.26 29.54 30.90 32.31 SEIU 1021 PT 50561 Preschool Site Supv. I (PT) 18.40 19.31 20.28 21.29 22.35 SEIU 1021 PT 50532 Program Coordinator (PT) 32.28 33.86 35.53 37.29 39.11 SEIU 1021 PT 50531 Senior Recreation Leader (PT) 15.63 16.43 17.25 18.11 19.04 SEIU 1021 PT 50538 PT Street Outreach Worker (PT) 23.18 24.34 25.56 26.84 28.18 City of Union City - Salary Compensation Table - SEIU
FY 2021-2022 - Effective May 30, 2022
City Council/RSA Agenda 170 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITYOF UNION
CITYAND THE PROFESSIONAL EMPLOYEES’GROUP (PEG),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING, AND APPROVING AN
AMENDMENT TO THE CITY'S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Staff recommends that the City Counciladopt a resolution approving the successor Memorandum of Understanding (the Successor MOU) between the City of Union City and the Professional Employees’ Group (PEG) for the period of January 1, 2022 through December 31, 2024, authorizing the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to attract qualified candidates and to retain talented staff.
BACKGROUND
The City and PEG are parties to an existing MOU covering the period of January 1, 2019 through December 31, 2021 (the Existing MOU). Staff and PEG have been negotiating in good faith on the Successor MOU since September 2021, prior to the expiration of the Existing MOU, and have continued to actively negotiate since that time. Both parties have now reached a tentative agreement on matters related to wages, hours, and other terms and conditions of employment, consistent with authority provided by the City Council, as reflected in the attached Successor MOU.
City Council/RSA Agenda 171 Tuesday, May 24, 2022
DISCUSSION
The Existing MOU expired on December 31, 2021. The PEG membership ratified the Successor MOU on May 10, 2022. The Successor MOU does not become effective untilapproved by the City Council. The key updates to the Successor MOU are as follows:
Section 4.0 Compensation
Cost of Living Adjustments:
Three percent (3%) effective the first full pay period following City Councilapproval; in addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase from the first day of the first full pay period in January through the implementation date of the three percent (3%) salary increase referenced above.
Three percent (3%) effective the first full pay period following January 1, 2023; and Three percent (3%) effective the first full pay period following January 1, 2024.
Effective the first full pay period following City Councilapproval, the following classifications shall receive an equity adjustment to the base rate:
Position Adjustment
Accountant 3.07%
Assistant Planner 4.14%
Associate Planner 1.20%
Case Manager 2.67%
Engineer I 6.26%
Engineer II 3.48%
Engineer III 4.90%
Payroll Tech 4.26%
Rec Supervisor 7.44%
Salary Step Schedule: Adds language to define schedule of salary steps consistent with other bargaining units.
Section 3.0 Vacation and Holidays
Updates the second tier of vacation accrual to employees with 4-8 years of service and the third tier to employees with 9-12 years of service.
Updates vacation and administrative leave sellback language to be compliant with IRS constructive receipt and consistent with other bargaining units.
Effective fiscal year 2022-2023, adds Juneteenth as a City holiday and reduces floating holidays from 27 hours to 24 hours. Updates the language for clarity and consistency.
Incorporates side letters of agreement from the existing MOU.
Includes a side letter of agreement to meet and confer over the remote work policy.
Includes a side letter of agreement to reopen negotiations when the City’s salary survey is completed.
FISCAL IMPACT
The estimated annualcost associated with this Successor MOU is $170,983.
City Council/RSA Agenda 172 Tuesday, May 24, 2022
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the Successor MOU with PEG for the period of January 1, 2022 through December 31, 2024, authorizing the City Manager to execute the Successor MOU on behalf of the City, and approving an amendment to the City’s salary schedule.
Prepared by:
Lilybell Nakamura, Human Resources Director
Submitted by:
Lilybell Nakamura, Human Resources Director
ATTACHMENTS:
Description Type
PEGMOURESO5-24-2022 Resolution
2022-2024 PEGMOUtracked changes 5-24-2022 Resolution
2022-2024 PEGMOUClean 5-24-2022 Resolution
PEGSalary Table (effective 5-30-22) Resolution
City Council/RSA Agenda 173 Tuesday, May 24, 2022
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF UNION CITY AND THE PROFESSIONAL
EMPLOYEES’ GROUP (PEG), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING AND APPROVING AN AMENDMENT TO
THE CITY’S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Professional Employees’ Group (“PEG”) expired on December 31, 2021; and
WHEREAS, the City and PEG entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Union City Municipal Code, the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of PEG on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and PEG have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the membership of PEG ratified the agreement as of May 10, 2022; and
WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and adopts the MOU for PEG, effective May 24, 2022 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.
BE IT FURTHER RESOLVED that if any provisions related to the MOU contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail.
City Council/RSA Agenda 174 Tuesday, May 24, 2022
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective May 30, 2022.
City Council/RSA Agenda 175 Tuesday, May 24, 2022
CITY OF UNION CITY
PROFESSIONAL EMPLOYEES’ GROUP
MEMORANDUM OF UNDERSTANDING
January 1, 2022 through December 31, 2024
City Council/RSA Agenda 176 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 ii
TABLE OF CONTENTS
1.0 RECOGNITION ................................................................................................................... 1
1.01 RECOGNITION ................................................................................................................. 1
1.02 NO DISCRIMINATION..................................................................................................... 1
1.03 CONTRACTING OUT....................................................................................................... 1
1.04 MEETING FACILITIES..................................................................................................... 2
1.05 UNIT REPRESENTATION ............................................................................................... 2
2.0 LEAVE .................................................................................................................................. 2
2.01 ADMINISTRATIVE LEAVE (FOR FLSA EXEMPT EMPLOYEES)....................................... 2
2.02 SICK LEAVE...................................................................................................................... 4
2.03 PERSONAL LEAVE .......................................................................................................... 4
2.04 BEREAVEMENT LEAVE................................................................................................. 5
2.05 JURY LEAVE..................................................................................................................... 5
2.06 MILITARY LEAVE ........................................................................................................... 5
2.07 UNPAID LEAVE OF ABSENCE....................................................................................... 5
2.08 OCCUPATIONAL INJURY LEAVE................................................................................. 6
3.0 VACATION AND HOLIDAYS .......................................................................................... 6
3.01 VACATION........................................................................................................................ 6
3.02 VACATION SELL BACK ................................................................................................. 7
3.03 HOLIDAYS ........................................................................................................................ 8
3.04 CHRISTMAS EVE OBSERVANCE.................................................................................. 8
3.05 COMPENSATION FOR HOLIDAYS WORKED ............................................................. 8
4.0 COMPENSATION............................................................................................................... 9
4.01 COMPENSATION ............................................................................................................. 9
4.02 ACTING PAY..................................................................................................................... 9
4.03 CALL-BACK PAY AND OVERTIME ............................................................................ 10
4.04 MEAL ALLOWANCE ..................................................................................................... 10
4.05 BILINGUAL PAY ............................................................................................................ 10
5.0 PROBATIONARY PERIOD............................................................................................. 11
6.0 HEALTH AND WELFARE BENEFITS ......................................................................... 11 City Council/RSA Agenda 177 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 iii
6.01 MEDICAL PLAN ............................................................................................................. 11
6.02 WEEKLY INCOME PLAN.............................................................................................. 12
6.03 LIFE INSURANCE........................................................................................................... 12
6.04 LONG-TERM DISABILITY............................................................................................ 12
6.05 COORDINATION OF BENEFITS................................................................................... 12
7.0 RETIREMENT BENEFITS.............................................................................................. 12
7.01 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)........................................... 12 A. CLASSIC MEMBERS ....................................................................................................... 12 B. NEW MEMBERS .............................................................................................................. 13
7.02 MILITARY BUY BACK.................................................................................................. 13
8.0 MISCELLANEOUS PROVISIONS ................................................................................. 13
8.01 EDUCATIONAL REIMBURSEMENTS......................................................................... 13
8.02 FLEXIBLE SCHEDULING ............................................................................................. 14
8.03 SAFETY SHOE/EQUIPMENT PURCHASE .................................................................. 14
8.04 ACCESS TO THE MEMORANDUM OF UNDERSTANDING..................................... 14
8.05 JOB DESCRIPTIONS....................................................................................................... 14
9.0 GRIEVANCE PROCEDURE ........................................................................................... 15
10.0 MISCELLANEOUS......................................................................................................... 16
11.0 SEVERABILITY.............................................................................................................. 16
12.0 SURVEY DATA ............................................................................................................... 16
13.0 DURATION ...................................................................................................................... 16 APPENDIX A: BARGAINING GROUP CLASSIFICATIONS.......................................... 18 City Council/RSA Agenda 178 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 1
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF UNION CITY
AND
UNION CITY PROFESSIONAL EMPLOYEES
We, the undersigned, duly appointed representatives of Union City Professional Employees Group, hereinafter referred to as the "Professional Group", and the City of Union City, hereinafter referred to as "City," having met and conferred in good faith, do hereby jointly prepare, and execute this Memorandum of Understanding. It is understood that the provisions herein set forth supersede previous Memoranda affecting the Professional Group as well as other terms and conditions set forth in resolutions and ordinances referenced herein.
1.0 RECOGNITION
1.01 RECOGNITION
The City recognizes the Professional Group as the sole and exclusive bargaining representative for the full-time classification listed in Appendix A as well as any new, related classifications created on or after January 1, 1999, upon mutual consent between the City and the Professional Group
The Professional Group represents City employees whose job classifications require a significant amount of education, training, or experience and/or a license or certificate from a state or private authority.
1.02 NO DISCRIMINATION
The City and Professional Group agree that they shall not discriminate in any way on account of race, creed, sex, age, national origin, political affiliation, or handicap status.
1.03 CONTRACTING OUT
The City agrees to notify the Professional Group at least sixty (60) days prior to contracting out work which will result in the reduction of positions or lay off of members. The City will advise the Professional Group of any requests for proposals issued for work. The City will give the Professional Group three (3) weeks' notice prior to contracting out work, which does not result in a reduction in force. When the City contracts out work not resulting in a reduction in force/layoff and unless extraordinary circumstances exist (pending reorganizations, hiring freeze(s), pending classification studies, etc.) such contracts shall not exceed (6) months, and shall not be made higher than the hourly equivalent of mid ("C/3") step of the respective pay range.
City Council/RSA Agenda 179 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 2
1.04 MEETING FACILITIES
The City shall reasonably make available conference rooms, other meeting areas, and virtual platforms for the purpose of holding Unit meetings during off-duty time periods at no cost to the Unit. Requests for such facilities must follow established procedures with appropriate City representatives, and whenever possible, notice shall be given by the Unit forty-eight (48) hours in advance of a meeting in a conference room or other meeting area.
1.05 UNIT REPRESENTATION
The Unit may select two (2) unit leaders from our bargaining unit. The Unit shall promptly advise the City Manager or designee in writing of the names of the unit leaders. Unit leaders will be allowed reasonable time off during regular work hours without loss of compensation or other benefits when engaged in investigating and assisting employees at their work location in the resolution of grievances.
Unit leaders shall be granted reasonable access to employee work locations upon advising appropriate management personnel. The City shall further allow a reasonable number of Unit negotiating team members reasonable time off during regular working hours without loss of compensation or other benefits when engaged in negotiations with City representatives. City and Unit further agree that good labor relations are fostered and maintained through prompt, decisive, and fair adjustment of individual grievances at the lowest possible administrative level.
The City agrees to notify the Unit leaders each month of all new or promoted employees hired into positions represented by the Unit. The City shall provide each newly hired or promoted represented employee with a copy of the Memorandum of Understanding.
The City shall provide a reasonable release time to the Unit leader or their designee to make a 15-minute presentation about PEG.
2.0 LEAVE
2.01 ADMINISTRATIVE LEAVE (for FLSA Exempt Employees)
In lieu of paid overtime, FLSA Exempt Professional employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those FLSA Exempt Professional employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond 70 hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave for a total of 110 hours.
The guidelines for making use of Administrative Leave will be as follows:
1. Personnel shall submit a memorandum requesting time off under Administrative Leave Provisions. Such requests shall be submitted directly to their department heads.
Department heads will approve or deny the request based upon operational needs.
City Council/RSA Agenda 180 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 3
2. The use of Administrative Leave is not automatic and is subject to approval as stated above.
3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 to June 30.
4. For fiscal year 2021-2022, unused Administrative Leave may be accumulated up to a maximum of two hundred and forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. The unused 240-hour accumulation does not include the Additional Administrative Leave identified in Section
2.01(8) below.
5. Effective calendar year 2023, and every calendar year thereafter, under the following conditions FLSA exempt employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. FLSA exempt employees may make an irrevocable election to sell back to the City up to seventy (70) hours. At the time of distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.
Requests to sell back administrative leave must be received by Payroll no later than December 31 for the following year’s election.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
6. Administrative Leave for employees hired after July 1 or leave prior to June 30th of the following year will be prorated.
7. Employees may not use Administrative Leave during their first six months of service.
Exceptions to this rule may be granted by Department Heads and the City Manager.
8. The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year's work and may not be accumulated or cashed out.
9. Upon separation from the City or upon the start of an extended leave from City employment (e.g. military duty, etc.), employees shall receive cash payment on a prorated basis for unused Administrative Leave. Said payment(s) shall be based upon the employee's accrued Administrative and base salary rate at the time of separation or upon the start of an extended leave from City employment.
City Council/RSA Agenda 181 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 4
The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.
2.02 SICK LEAVE
Employees shall earn eight (8) hours sick leave per month (3.69 hours per pay period) without limit on accumulation. Employees absent without pay for more than thirty-six (36) hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave shall be taken in periods of no less than one- quarter hour.
Professional employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a balance of four hundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.
1. Utilization
Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, sickness or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum No. 21, Administration of Sick Leave, which shall serve as the operating guideline for both employees and management. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on nonwork hours. If this is not possible, sick leave may be used for these purposes for a minimum of one hour and shall not exceed four (4) hours except in unusual circumstances.
2. Notice and Certification
In order to receive compensation while absent on sick leave, the employee or someone on their behalf shall notify their immediate supervisor prior to or within one (1) hour after the time set for reporting to work except in extenuating circumstances. When an absence is three (3) consecutive workdays or more, the employee may be required to file a physician's certificate confirming period(s) of disability due to illness/injury with the supervisor for forwarding to the Human Resources Director. When absence, is for three (3) consecutive workdays or more and is due to sickness or injury in the immediate family, the employee is required to file a physician's certificate stating family member's period(s) of disability due to illness/injury with the supervisor for forwarding to the Human Resources Director.
2.03 PERSONAL LEAVE
The City shall allow twenty (20) hours per fiscal year of accumulated sick leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. A maximum of eight (8) hours, not used during the fiscal year, may be accumulated in addition to the regular twenty (20) hour allowance, increasing the Personal Leave allowance to twenty-eight (28) hours within a fiscal year. In addition, employees who have accumulated a minimum of 100 hours of sick leave on July 1 of the fiscal year may utilize eight (8) additional hours of accumulated sick for Personal Leave during the ensuing fiscal year. Employees who have accumulated 200 hours of sick leave by the beginning of the fiscal year may utilize twelve City Council/RSA Agenda 182 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 5
(12) additional hours of accumulated sick leave for Personal Leave purposes. Personal Leave hours credited under this provision are non-cumulative.
The maximum number of Personal Leave hours available in any fiscal year is forty (40) hours, for an employee who is credited with the annual twenty (20) hours, accumulated the allowable eight (8) hours and is eligible for the additional twelve (12) hours if he/she has a cumulative balance of 200 sick leave hours on July 1st. The employee must request Personal Leave at least 48 hours (2 days) prior to time of utilization. In cases of need, the immediate supervisor may waive the 48-hour notification procedure.
2.04 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed (5) workdays upon the death of an employee's immediate family. The five days may be taken non-consecutively. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, stepfather, stepmother, stepchild, domestic partner, and other individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above.) Employees shall also be granted time off to attend funerals of fellow employees consistent with the operating requirements.
2.05 JURY LEAVE
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees shall not be required to report to work on any day when responding to said summons. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon return to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.
2.06 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give their department head an opportunity within the limits of military requirements, to determine when such leave shall be taken.
2.07 UNPAID LEAVE OF ABSENCE
The City Manager, upon written request of a full-time employee other than a probationary employee, may grant for the good of the service, a leave of absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved leave of absence without pay for an additional period, said extension not to exceed an additional one (1) year. Leave may be granted if it does not have an unduly adverse impact on City Council/RSA Agenda 183 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 6
the service, the purpose of the leave would be beneficial to the City, or would meet some pressing and extreme need of the employee. Leave hereby authorized may include major medical or disability leave, educational leave, maternity leave, and leave for any other purpose promoting the good of the service. Whenever granted, such leave shall be in writing and signed by the City Manager.
Upon expiration of such a leave, the employee shall be reinstated to the position held at the time the leave was granted and said employee shall retain their rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the leave of absence or within a reasonable time after notice to return to duty shall terminate their right to be reinstated.
2.08 OCCUPATIONAL INJURY LEAVE
For employee injury or disability falling within the provisions of the State Worker's Compensation Disability Act, additional compensation equal to the difference between eightyfive percent (85%) of said employee's regular pay and their disability compensation allowance shall be paid for a total not to exceed 176 hours per year, or equal to one-half the amount of the employee's accumulated sick leave whichever is greater. In no case shall the employee's compensation while on occupational injury leave be less than the employee's regular pay, nor shall the employee's compensation while on occupational injury leave be greater than the employee's regular pay. Included in the calculation of the 176 hours granted will be compensation for any waiting period. Following exhaustion of this benefit, an employee may utilize accumulated sick leave to the extent available to make up the difference between said employee's regular pay and their disability compensation insurance.
3.0 VACATION AND HOLIDAYS
3.01 VACATION
Vacation leave shall be earned by all employees at the rates indicated in the following table.
Employees may not use vacation leave during the first six months of service except during the Holiday Furlough period between Christmas Day and New Year's Day when City offices are closed to the public. Employees absent without pay for more than thirty-six (36) hours during a pay period do not earn vacation benefits for that pay period.
Years of Completed
Service
Bi-Weekly Accrual Rate Annual Accrual Rate
0-3 Years 3.08 hours 80 hours
4-8 Years 4.62 hours 120 hours
9-12 Years 5.38 hours 140 hours
13-15 Years 6.15 hours 160 hours
16+ years 7.69 hours 200 hours
City Council/RSA Agenda 184 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 7
Employees shall accrue vacation leave time based on years of service and may accumulate up to two (2) times the annual accrual rate based on years of completed service.
Employees shall provide notice to their supervisor prior to taking vacation consistent with the table below.
Amount of Vacation
Requested
Prior Notice Required
40-hour or more 2 weeks
Less than 40 hours Day for day proportional period with a minimum of 24 hours (e.g. 3-days requested-3 days prior notice)
The supervisor may waive these notification periods.
3.02 VACATION SELL BACK
For calendar year 2022, employees shall have the option of receiving an annual cash payment for up to eighty (80) hours of Vacation Leave provided an eighty 80-hour vacation balance is maintained after cash out. Employee request for cash payment must be submitted to the Payroll Administrative Services Department no later than June 1st and cash payment shall be made at the end of the fiscal year.
Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per year at the employee’s base rate of pay. At the time of distribution, the following must be true:
The employee is in good standing and meeting performance expectations on the last performance evaluation received.
The employee must have taken a minimum of eighty (80) hours of vacation and/or administrative leave in the preceding twelve (12) months. The employee must have a remaining balance of at least forty (40) hours following the sell back.
Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
Employees shall receive cash payment for unused vacation, payable at their current salary rate at the time of separation.
City Council/RSA Agenda 185 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 8
3.03 HOLIDAYS
The City shall observe the following guaranteed holidays:
New Year's Day January 1
Martin L. King Jr. Birthday 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day 3rd Monday in May
Juneteenth (beginning calendar year
2023) June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in
November
Friday after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25
Effective fiscal year 2022-2023, each employee shall also be granted 24 hours floating holiday time each fiscal year, which may be scheduled for use upon approval. All floating holidays must be used within the fiscal year earned and may not be cashed out. In the event a designated holiday falls upon a normal day off, which is a Saturday, the employee shall observe the previous day off as the holiday. In the event a designated holiday falls on a normal day off, which is a Sunday, the employee shall observe the following day as the holiday.
Should the holiday fall on a Dark(non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee’s floating holiday bank in the pay period immediately before the holiday.
3.04 CHRISTMAS EVE OBSERVANCE
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday and the Christmas Eve holiday is observed on Friday.
3.05 COMPENSATION FOR HOLIDAYS WORKED
Prior approval for holiday work must be obtained from the City Manager, except in an emergency situation where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.
City Council/RSA Agenda 186 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 9
4.0 COMPENSATION
4.01 COMPENSATION
Effective the first payroll following the City Council approval of this Agreement, all classifications in the bargaining unit shall receive a 3.0% salary increase. In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
Effective the first payroll after January 1st, 2023, all classifications in the bargaining unit shall receive a 3.0% salary increase.
Effective the first payroll after January 1
st, 2024, all classifications in the bargaining unit
shall receive a 3.0% salary increase.
Effective May 30, 2022, following City Council approval, the following classifications shall receive a one-time equity adjustment to the base rate:
Position Adjustment
Accountant 3.07%
Assistant Planner 4.14%
Associate Planner 1.2%
Case Manager 2.67%
Engineer I 6.26%
Engineer II 3.48%
Engineer III 4.9%
Payroll Tech 4.26%
Rec Supervisor 7.44%
The Professional Group agrees to allow mandatory direct deposit for all Professional Group members to be maintained upon ratification of this MOU.
Salary Step increases shall be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs. An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.
4.02 ACTING PAY
An employee assigned in writing by the department head or their designee and who pursuant to such assignment does assume and perform all of the ordinary day-to-day duties and City Council/RSA Agenda 187 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 10
responsibilities of a position of higher classification for three (3) or more cumulative working days, shall be paid an additional five percent (5%) of the regular pay of their own classification, or the first step of the higher classification, whichever is greater for such time worked in the higher classification.
4.03 CALL-BACK PAY AND OVERTIME
An employee called back to work on their day off or called back to work after he/she has completed their regular shift working day and has left their place of employment shall be paid a minimum of two (2) hours at time and one-half of their regular hourly rate of pay.
It is expressly understood an employee who works overtime immediately subsequent to their regular work shift, or an employee who works scheduled overtime immediately subsequent priorto their regular work shift will be compensated at the overtime rate of payfor the time actually worked, with no minimum number of hours of overtime guaranteed. All time worked beyond a normal workday shall be paid at time and one-half the straight time pay or accumulated as compensatory time off at time and one-half straight time rate. An employee may select compensatory time off in lieu of pay for overtime. In such a case, compensatory time off may be accrued to a maximum of two hundred forty (240) hours.
Hours earned beyond the maximum will be paid out in the employee's paycheck.
Compensatory hours may be cashed out up to 120 hours at the end of the fiscal year only provided 80 hours of vacation and compensatory have been used.
4.04 MEAL ALLOWANCE
A meal allowance of $10.00 shall be given, or at the option of the City, an equivalent meal provided an employee who works two or more hours immediately following a regular shift, and for each four (4) hours thereafter. If a meal is eaten, the receipt for the meal must be submitted for reimbursement.
4.05 BILINGUAL PAY
The City will compensate each Professional Employee Group member one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing bilingual skills, oral and written. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently, read and/or write in a language other than English.
The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
City Council/RSA Agenda 188 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 11
5.0 PROBATIONARY PERIOD
The probationary period for all Professional Group employees shall be 2080 hours (12 months).
6.0 HEALTH AND WELFARE BENEFITS
6.01 MEDICAL PLAN
The City shall contribute to the cafeteria plan, up to Two Thousand Dollars ($2000) per month toward the cost of medical, dental, and vision premiums for all bargaining unit members, regardless of the plan in which they are enrolled. This monthly contribution includes the City’s basic employer contribution for health premiums under PEMCHA which City Council Resolution No. 2279-02 set as the minimum required under PEMCHA. Employees shall pay premium costs exceeding the City's maximum contribution amount.
The City agrees to advance the cost of medical, dental, and vision premiums when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six months of return to work or upon termination. Retirees may elect to continue coverage with the group medical plan at the retiree's cost.
Employees who are also covered for medical benefits through a spouse's or other alternative medical insurance coverage may elect not to enroll in a city group medical plan. In lieu of medical insurance premiums, the City will pay the employee who waives coverage, the amount of $300.00 per month or $138.46 per pay period. Employees may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee's deferred compensation account. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Department. Retirees may elect to continue coverage with the group medical plan.
The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and PEG at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City's basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
The Professional Employees Group agrees to meet and confer with the City regarding the potential restructuring of employee medical insurance benefits, with the understanding that such discussions are not intended to reduce employee benefits, but rather, to assist the City in controlling its medical insurance costs and increase administrative flexibility.
City Council/RSA Agenda 189 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 12
6.02 WEEKLY INCOME PLAN
The City agrees to pay a maximum of $12.50 per month for premium for disability insurance coverage for represented employees. Employees shall be responsible for payment of monthly premiums in excess of $12.50.
6.03 LIFE INSURANCE
The City agrees to provide life insurance and AD&D coverage of $100,000.
6.04 LONG-TERM DISABILITY
The City agrees to pay $12.50 per month per employee for long-term disability insurance coverage, which provides 60-day elimination period, and 60% benefits for a maximum monthly payment of $7,000 at age 65. The City and the employee shall pay any increase in the monthly premium in excess of $12.50 per month equally.
6.05 COORDINATION OF BENEFITS
It is expressly understood that if eligibility for Weekly Income Plan and LTD overlaps, the LTD program benefit level shall be maintained as long as the same insurance carrier provides both plans.
7.0 RETIREMENT BENEFITS
7.01 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)
A. CLASSIC MEMBERS
Consistent with its historical practice, the City paysto CalPERS the fullshare ofthe employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC). For classic members receiving payments based on the 2.5%at 55 formula, these payments are equal to 8% of the member employees' reportable income.
For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
2.5% at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula. Beginning June 5, 2006, the City and PEG agreed to employee cost-sharing. The historical cost-sharing payments made bythese employees is asfollows:
Effective June 5, 2006, 3.5%.
Effective July 26, 2010, 4.5%.
Effective February 12, 2013, 8%.
EffectiveMay25,2015,8.5%.
City Council/RSA Agenda 190 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 13
Effective June 22, 2015, 9%.
Effective June 20, 2016, 9.5%.
2% at 60: Employees hired on or after January 1, 2011, are provided benefits under the CalPERS 2% at 60 retirement formula.The Parties also agree to employee cost-sharing to cover a portionofthe costs oftheCity'sCalPERScontributions.The historical cost-sharing paymentsmade bythese employeesisasfollows:
Effective January 1, 2011, 7%.
EffectiveMay25, 2015, 7.5%.
Effective June 22, 2015, 8%.
Effective June 20, 2016, 8.5%.
B. NEW MEMBERS
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula effective January 1, 2013. CalPERS new member employees have historically contributed to the CalPERS system at the following rates:
Effective January 1, 2013, 7%
Effective May 29, 2015, 7.5%
Effective July 1, 2015, 8%
Effective July 1, 2016, 8.5%
7.02 MILITARY BUYBACK
The City has amended the PERS contract to allow for the military buy-back provisions at employee’s cost.
8.0 MISCELLANEOUS PROVISIONS
8.01 EDUCATIONAL REIMBURSEMENTS
When an employee voluntarily and with prior approval of their department head, PEG Unit Leaders and the City Manager or designee undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Professional Group members, to be distributed by the Professional Group in accordance with its own procedure. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the costs of the books. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.
For purposes of this Section, costs incurred by employees for obtaining and maintaining professional certification or registration, including but not limited to AICP and Registered Civil City Council/RSA Agenda 191 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 14
Engineer status, shall be reimbursable so long as conditions of approval and course completion are met.
8.02 FLEXIBLE SCHEDULING
Flexible scheduling is available to employees when the schedule is mutually agreeable between the employee and the supervisor. Flexible scheduling may be implemented only when it is determined that such arrangements will not interfere with service delivery and general operational effectiveness. It is expressly understood that flexible scheduling shall not apply to any operation in which the staffing level is insufficient to provide continuous service availability during normal operating hours. Flexible scheduling shall include work from home agreements subject to the City’s Telecommute policy.
8.03 SAFETY SHOE/EQUIPMENT PURCHASE
The City agrees to pay eligible bargaining unit employees (those required to purchase and wear construction type, hard-soled boots to be worn on the job consistently) $300.00 in the second pay period of each fiscal year. The Safety Committee shall develop a list of available boots meeting these requirements. Classifications required to wear construction type, hard-soled boots consistently are:
Engineer I, II, III
Environmental Programs Inspector
Senior Building/Code Compliance Inspector
Building/Code Compliance Inspector
Employees who have occasion to wear construction type, hard-soled boots on an inconsistent or incidental basis, who believe that a City-paid pair of safety shoes are required or needs replacement, shall contact their department head or designee, who shall determine available allowance and authorize a safety shoe purchase.
An employee may elect to receive City-paid basic prescription safety glasses no more than once every two years, based on the employee's VSP eligibility period. "Basic prescription safety glasses are defined as those furnished with shatterproof lenses, scratch-resistant coating, tinting, and side shields, but not including cosmetic lens treatments such as grinding or upgraded frames."
8.04 ACCESS TO THE MEMORANDUM OF UNDERSTANDING
The City agrees to post a PDF copy of the approved Memorandum of Understanding and any Side Letter Agreement on the Human Resources SharePoint page accessed via the Union.
8.05 JOB DESCRIPTIONS
The City and Professional Group agrees to jointly review all future amended and new job descriptions. The City agrees to give the Professional Group two weeks’ notice prior to City Council/RSA Agenda 192 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 15
submittal of the descriptions to the City Council for approval. Upon Notice to the City, The Professional Group may request to meet and confer, regarding the modifications of current job descriptions or the creation of new job descriptions. No new or amended job descriptions shall be forwarded to the City Council or posted unless and until the Professional Group has had the opportunity to review them.
9.0 GRIEVANCE PROCEDURE
A grievance shall be defined as any dispute, which involves the interpretation or application of the agreement and scope of representation. At the time of initial filing of a grievance involving a disciplinary matter, the employee must elect to utilize either the grievance procedure contained in the Memorandum of Understanding or the grievance procedure outlined in the City Personnel Rules, Section 12.00. Election of either procedure shall preclude utilization of the other.
Grievance submitted in writing pursuant to this provision shall cite the section of the MOU alleged to have been violated. The parties recognize disputes shall be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or Professional Group to bypass the initial steps if the case involves decision making at a higher administrative level.
Step 1:
The employee and/or their representative may present the grievance informally, in writing, or orally, to the immediate supervisor within ten (10) working days of the occurrence of the dispute orten (10) working daysfrom such time asthe employee or Professional Group could have reasonably been aware of the occurrence. The supervisor shall respond within ten (10) days of submittal by/or discussion with the grievant.
Step 2:
Should the grievance remain unresolved at Step 1, the grievance may be submitted to the department head or their designee within ten (10) working days of the discussion held in Step
1. A written response will be given to the employee and the Professional Group within seven (7) working days of submittal to the department head or their designee.
Step 3:
Should the matter remain unresolved, the grievance will be submitted to the City Manager or designee and assigned Professional Group representative (as selected by the Professional Group who shall meet within twenty (20) working days of receipt of the grievance from Step 2 and attempt to resolve the grievance. The City Manager or designee shall provide a written response within ten (10) working days of the date of the discussion with the Professional Group.
Step 4:
Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 3. The names of five (5) City Council/RSA Agenda 193 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 16
Factfinders shall be obtained from the State of Conciliation Service. The City and Professional Group shall alternatively strike names from the list beginning by a coin flip until one name remains. The City and the Professional Group agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation to the parties to resolve the dispute. Said recommendation must be accepted by both the Professional Group and the City Council in order to become effective. In the event either party rejects the recommendation the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the grievance procedure shall stand, or other action by the City Council, or the Professional Group may be considered.
The Factfinder shall have no power to make recommendation, which would change, add, delete, or otherwise amend this Agreement, Rules, Regulations or Resolution of the City by reason of their recommendation, but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent at such meetings. The time between the steps of the procedure may be extended by mutual agreement; all requests for and agreements to extend the deadline shall be confirmed in writing. Failure by the employee or Professional group to follow the time limits unless extended by mutual agreement shall cause the grievance to be considered withdrawn. Failure by the City to follow time limits unless extended by mutual agreement shall cause the grievance to be settled in favor of the employee.
10.0 MISCELLANEOUS
The City agrees to continue all existing conditions and provisions of the current Memorandum of Understanding in full force and effect for the duration of the Agreement.
11.0 SEVERABILITY
Should any section, clause, or provision of the Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.
12.0 SURVEY DATA
The City agrees to make available to Professional Group bargaining representatives, all compensation and benefits comparison data compiled by the City’s negotiations team.
13.0 DURATION
This agreement shall continue in full force and effect from January 1, 2022, through December 31, 2024.
City Council/RSA Agenda 194 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 17
FOR THE CITY OF UNION CITY: FOR THE PROFESSIONAL
EMPLOYEES’ GROUP:
_____
Lilybell Nakamura, HR Director Date Brandon H. DeLucas Date ______
Joan Malloy, City Manager Date Valerie Avendano Date
Trish Heuer Date
City Council/RSA Agenda 195 Tuesday, May 24, 2022
Professional Employees Group (PEG) Appendix A
January 1, 2022 though December 31, 2024 Page 18
Appendix A: Bargaining Group Classifications
Number Classification Title FLSA
30060 Accountant Non-Exempt
30250 Assistant Planner Non-Exempt
30230 Associate Planner Non-Exempt
30090 Case Manager Non-Exempt
30275 Emergency Services Coordinator Non-Exempt
30150 Engineer I (Civil) Non-Exempt
30130 Engineer II (Civil) Non-Exempt
30120 Engineer III (Civil) Non-Exempt
30030 Environmental Analyst I Non-Exempt
30031 Environmental Analyst II Non-Exempt
30040 Environmental Programs Inspector Non-Exempt
30095 Homeless Program Coordinator Non-Exempt
30080 Intervention Counselor Non-Exempt
30065 Payroll Technician Non-Exempt
30100 Recreation Supervisor Non-Exempt
30020 Senior Accountant Non-Exempt
30210 Senior Planner Non-Exempt
30400 Senior Recreation Supervisor Non-Exempt
30260 Senior Systems Analyst Non-Exempt
30310 Sustainability Analyst I Non-Exempt
30320 Sustainability Analyst II Non-Exempt
30053 Building/Code Compliance Coordinator Exempt
30055 Senior Building/Code Compliance Inspector Non-Exempt 30265 Systems Analyst Non-Exempt
30501 Transit Planner-Assistant Non-Exempt
30502 Transit Planner-Associate Non-Exempt
30503 Transit Planner-Senior Non-Exempt
30270 Web and Database Administrator Non-Exempt
City Council/RSA Agenda 196 Tuesday, May 24, 2022
Professional Employees Group (PEG) Side Letter Agreements City of Union City and
Union City Professional Employees Group
Side Letter of Agreement
Remote Work Policy
This Side Letter is by and between the Union City Professional Employees Group (“PEG”) and the City of Union City (“City”) and will become effective following agreement by PEG and adoption by the City.
The City is seeking to adopt a remote work policy to provide the opportunity for some City employees to work remotely and will meet and confer with PEG prior to adopting a remote work policy.
The City will keep the temporary emergency telecommuting guidelines in effect until the remote work policy referenced herein is implemented.
City Council/RSA Agenda 197 Tuesday, May 24, 2022
Professional Employees Group (PEG) Side Letter Agreements City of Union City and
Union City Professional Employees Group
Side Letter of Agreement
Salary Survey
This Side Letter is by and between Union City Professional Employees Group (“PEG”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by PEG and adoption by the City.
Pursuant to the Strategic Plan adopted by the City in FY 2020-21, the City recognizes its commitment to employees and has taken steps to engage a third-party consultant for the purposes of conducting a total compensation and benefits study for all city classifications.
The City will initiate the RFP process to retain consultant services for these purposes, and will direct the consultant once retained to complete the survey as soon as practicable. The study shall compare eight cities: Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City and San Leandro.
Pursuant to this Side Letter Agreement, PEG and the City agree to reopen negotiations when the City’s salary survey is completed for the sole purpose of meeting and conferring over potential equity adjustment increases based on the results of the completed total compensation and benefits survey.
In the event the City’s survey is not completed by end of calendar year 2022, PEG shall have the option to reopen negotiations to meet and confer over potential equity adjustment increases based on the results of the salary survey conducted by PEG in 2021 for MOU negotiations.
City Council/RSA Agenda 198 Tuesday, May 24, 2022
CITY OF UNION CITY
PROFESSIONAL EMPLOYEES’ GROUP
MEMORANDUM OF UNDERSTANDING
January 1, 2022 through December 31, 2024
City Council/RSA Agenda 199 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 ii
TABLE OF CONTENTS
1.0 RECOGNITION................................................................................................................... 1
1.01 RECOGNITION ................................................................................................................. 1
1.02 NO DISCRIMINATION..................................................................................................... 1
1.03 CONTRACTING OUT....................................................................................................... 1
1.04 MEETING FACILITIES..................................................................................................... 2
1.05 UNIT REPRESENTATION ............................................................................................... 2
2.0 COMPENSATION............................................................................................................... 2
2.01 COMPENSATION ............................................................................................................. 2
2.02 ACTING PAY..................................................................................................................... 3
2.03 CALL-BACK PAY AND OVERTIME .............................................................................. 3
2.04 MEAL ALLOWANCE ....................................................................................................... 4
2.05 BILINGUAL PAY .............................................................................................................. 4
3.0 LEAVE .................................................................................................................................. 4
3.01 ADMINISTRATIVE LEAVE (FOR FLSA EXEMPT EMPLOYEES)....................................... 4
3.02 BEREAVEMENT LEAVE................................................................................................. 6
3.03 HOLIDAYS ........................................................................................................................ 6 A. CHRISTMAS EVE OBSERVANCE..................................................................................... 7 B. COMPENSATION FOR HOLIDAYS WORKED................................................................ 7
3.04 JURY LEAVE..................................................................................................................... 7
3.05 MILITARY LEAVE ........................................................................................................... 7
3.06 OCCUPATIONAL INJURY LEAVE................................................................................. 7
3.07 PERSONAL LEAVE .......................................................................................................... 8
3.08 SICK LEAVE...................................................................................................................... 8
3.09 UNPAID LEAVE OF ABSENCE....................................................................................... 9
3.10 VACATION........................................................................................................................ 9 A. Vacation Sell back ............................................................................................................ 10
4.0 PROBATIONARY PERIOD............................................................................................. 11
5.0 HEALTH AND WELFARE BENEFITS ......................................................................... 11
5.01 MEDICAL PLAN ............................................................................................................. 11 City Council/RSA Agenda 200 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 iii
5.02 WEEKLY INCOME PLAN.............................................................................................. 12
5.03 LIFE INSURANCE........................................................................................................... 12
5.04 LONG-TERM DISABILITY............................................................................................ 12
5.05 COORDINATION OF BENEFITS................................................................................... 12
6.0 RETIREMENT BENEFITS.............................................................................................. 12
6.01 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)........................................... 12 A. CLASSIC MEMBERS ....................................................................................................... 12 B. NEW MEMBERS .............................................................................................................. 13
6.02 MILITARY BUYBACK................................................................................................... 13
7.0 MISCELLANEOUS PROVISIONS ................................................................................. 13
7.01 EDUCATIONAL REIMBURSEMENTS......................................................................... 13
7.02 FLEXIBLE SCHEDULING ............................................................................................. 14
7.03 SAFETY SHOE/EQUIPMENT PURCHASE .................................................................. 14
7.04 ACCESS TO THE MEMORANDUM OF UNDERSTANDING..................................... 14
7.05 JOB DESCRIPTIONS....................................................................................................... 14
8.0 GRIEVANCE PROCEDURE ........................................................................................... 15
9.0 MISCELLANEOUS........................................................................................................... 16
10.0 SEVERABILITY.............................................................................................................. 16
11.0 SURVEY DATA ............................................................................................................... 16
12.0 DURATION ...................................................................................................................... 16 APPENDIX A: BARGAINING GROUP CLASSIFICATIONS.......................................... 18 City Council/RSA Agenda 201 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 1
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF UNION CITY
AND
UNION CITY PROFESSIONAL EMPLOYEES
We, the undersigned, duly appointed representatives of Union City Professional Employees Group, hereinafter referred to as the "Professional Group", and the City of Union City, hereinafter referred to as "City," having met and conferred in good faith, do hereby jointly prepare, and execute this Memorandum of Understanding. It is understood that the provisions herein set forth supersede previous Memoranda affecting the Professional Group as well as other terms and conditions set forth in resolutions and ordinances referenced herein.
1.0 RECOGNITION
1.01 RECOGNITION
The City recognizes the Professional Group as the sole and exclusive bargaining representative for the full-time classification listed in Appendix A as well as any new, related classifications created on or after January 1, 1999, upon mutual consent between the City and the Professional Group
The Professional Group represents City employees whose job classifications require a significant amount of education, training, or experience and/or a license or certificate from a state or private authority.
1.02 NO DISCRIMINATION
The City and Professional Group agree that they shall not discriminate in any way on account of race, creed, sex, age, national origin, political affiliation, or handicap status.
1.03 CONTRACTING OUT
The City agrees to notify the Professional Group at least sixty (60) days prior to contracting out work which will result in the reduction of positions or lay off of members. The City will advise the Professional Group of any requests for proposals issued for work. The City will give the Professional Group three (3) weeks' notice prior to contracting out work, which does not result in a reduction in force. When the City contracts out work not resulting in a reduction in force/layoff and unless extraordinary circumstances exist (pending reorganizations, hiring freeze(s), pending classification studies, etc.) such contracts shall not exceed (6) months, and shall not be made higher than the hourly equivalent of mid ("C/3") step of the respective pay range.
City Council/RSA Agenda 202 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 2
1.04 MEETING FACILITIES
The City shall reasonably make available conference rooms, other meeting areas, and virtual platforms for the purpose of holding Unit meetings during off-duty time periods at no cost to the Unit. Requests for such facilities must follow established procedures with appropriate City representatives, and whenever possible, notice shall be given by the Unit forty-eight (48) hours in advance of a meeting in a conference room or other meeting area.
1.05 UNIT REPRESENTATION
The Unit may select two (2) unit leaders from our bargaining unit. The Unit shall promptly advise the City Manager or designee in writing of the names of the unit leaders. Unit leaders will be allowed reasonable time off during regular work hours without loss of compensation or other benefits when engaged in investigating and assisting employees at their work location in the resolution of grievances.
Unit leaders shall be granted reasonable access to employee work locations upon advising appropriate management personnel. The City shall further allow a reasonable number of Unit negotiating team members reasonable time off during regular working hours without loss of compensation or other benefits when engaged in negotiations with City representatives. City and Unit further agree that good labor relations are fostered and maintained through prompt, decisive, and fair adjustment of individual grievances at the lowest possible administrative level.
The City agrees to notify the Unit leaders each month of all new or promoted employees hired into positions represented by the Unit. The City shall provide each newly hired or promoted represented employee with a copy of the Memorandum of Understanding.
The City shall provide a reasonable release time to the Unit leader or their designee to make a 15-minute presentation about PEG.
2.0 COMPENSATION
2.01 COMPENSATION
Effective the first payroll following the City Council approval of this Agreement, all classifications in the bargaining unit shall receive a 3.0% salary increase. In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
Effective the first payroll after January 1st, 2023, all classifications in the bargaining unit shall receive a 3.0% salary increase.
City Council/RSA Agenda 203 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 3
Effective the first payroll after January 1
st, 2024, all classifications in the bargaining unit
shall receive a 3.0% salary increase.
Effective May 30, 2022, following City Council approval, the following classifications shall receive a one-time equity adjustment to the base rate:
Position Adjustment
Accountant 3.07%
Assistant Planner 4.14%
Associate Planner 1.2%
Case Manager 2.67%
Engineer I 6.26%
Engineer II 3.48%
Engineer III 4.9%
Payroll Tech 4.26%
Rec Supervisor 7.44%
The Professional Group agrees to allow mandatory direct deposit for all Professional Group members to be maintained upon ratification of this MOU.
Salary Step increases shall be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs. An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.
2.02 ACTING PAY
An employee assigned in writing by the department head or their designee and who pursuant to such assignment does assume and perform all of the ordinary day-to-day duties and responsibilities of a position of higher classification for three (3) or more cumulative working days, shall be paid an additional five percent (5%) of the regular pay of their own classification, or the first step of the higher classification, whichever is greater for such time worked in the higher classification.
2.03 CALL-BACK PAY AND OVERTIME
An employee called back to work on their day off or called back to work after he/she has completed their regular shift working day and has left their place of employment shall be paid a minimum of two (2) hours at time and one-half of their regular hourly rate of pay.
It is expressly understood an employee who works overtime immediately subsequent to their regular work shift, or an employee who works scheduled overtime immediately subsequent priorto their regular work shift will be compensated at the overtime rate of payfor the time City Council/RSA Agenda 204 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 4
actually worked, with no minimum number of hours of overtime guaranteed. All time worked beyond a normal workday shall be paid at time and one-half the straight time pay or accumulated as compensatory time off at time and one-half straight time rate. An employee may select compensatory time off in lieu of pay for overtime. In such a case, compensatory time off may be accrued to a maximum of two hundred forty (240) hours.
Hours earned beyond the maximum will be paid out in the employee's paycheck.
Compensatory hours may be cashed out up to 120 hours at the end of the fiscal year only provided 80 hours of vacation and compensatory have been used.
2.04 MEAL ALLOWANCE
A meal allowance of $10.00 shall be given, or at the option of the City, an equivalent meal provided an employee who works two or more hours immediately following a regular shift, and for each four (4) hours thereafter. If a meal is eaten, the receipt for the meal must be submitted for reimbursement.
2.05 BILINGUAL PAY
The City will compensate each Professional Employee Group member one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing bilingual skills, oral and written. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently, read and/or write in a language other than English.
The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
3.0 LEAVE
3.01 ADMINISTRATIVE LEAVE (for FLSA Exempt Employees)
In lieu of paid overtime, FLSA Exempt Professional employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those FLSA Exempt Professional employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond 70 hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave for a total of 110 hours.
The guidelines for making use of Administrative Leave will be as follows:
1. Personnel shall submit a memorandum requesting time off under Administrative Leave Provisions. Such requests shall be submitted directly to their department heads.
Department heads will approve or deny the request based upon operational needs.
City Council/RSA Agenda 205 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 5
2. The use of Administrative Leave is not automatic and is subject to approval as stated above.
3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 to June 30.
4. For fiscal year 2021-2022, unused Administrative Leave may be accumulated up to a maximum of two hundred and forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. The unused 240-hour accumulation does not include the Additional Administrative Leave identified in Section
2.01(8) below.
5. Effective calendar year 2023, and every calendar year thereafter, under the following conditions FLSA exempt employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. FLSA exempt employees may make an irrevocable election to sell back to the City up to seventy (70) hours. At the time of distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.
Requests to sell back administrative leave must be received by Payroll no later than December 31 for the following year’s election.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
6. Administrative Leave for employees hired after July 1 or leave prior to June 30th of the following year will be prorated.
7. Employees may not use Administrative Leave during their first six months of service.
Exceptions to this rule may be granted by Department Heads and the City Manager.
8. The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year's work and may not be accumulated or cashed out.
9. Upon separation from the City or upon the start of an extended leave from City employment (e.g. military duty, etc.), employees shall receive cash payment on a prorated basis for unused Administrative Leave. Said payment(s) shall be based upon the employee's accrued Administrative and base salary rate at the time of separation or upon the start of an extended leave from City employment.
City Council/RSA Agenda 206 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 6
The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.
3.02 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed (5) workdays upon the death of an employee's immediate family. The five days may be taken non-consecutively. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, stepfather, stepmother, stepchild, domestic partner, and other individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above.) Employees shall also be granted time off to attend funerals of fellow employees consistent with the operating requirements.
3.03 HOLIDAYS
The City shall observe the following guaranteed holidays:
New Year's Day January 1
Martin L. King Jr. Birthday 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day 3rd Monday in May
Juneteenth (beginning calendar year
2023) June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in
November
Friday after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25
Effective fiscal year 2022-2023, each employee shall also be granted 24 hours floating holiday time each fiscal year, which may be scheduled for use upon approval. All floating holidays must be used within the fiscal year earned and may not be cashed out. In the event a designated holiday falls upon a normal day off, which is a Saturday, the employee shall observe the previous day off as the holiday. In the event a designated holiday falls on a normal day off, which is a Sunday, the employee shall observe the following day as the holiday.
Should the holiday fall on a Dark(non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee’s floating holiday bank in the pay period immediately before the holiday.
City Council/RSA Agenda 207 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 7
A. CHRISTMAS EVE OBSERVANCE
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday and the Christmas Eve holiday is observed on Friday.
B. COMPENSATION FOR HOLIDAYS WORKED
Prior approval for holiday work must be obtained from the City Manager, except in an emergency situation where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.
3.04 JURY LEAVE
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees shall not be required to report to work on any day when responding to said summons. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon return to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.
3.05 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give their department head an opportunity within the limits of military requirements, to determine when such leave shall be taken.
3.06 OCCUPATIONAL INJURY LEAVE
For employee injury or disability falling within the provisions of the State Worker's Compensation Disability Act, additional compensation equal to the difference between eightyfive percent (85%) of said employee's regular pay and their disability compensation allowance shall be paid for a total not to exceed 176 hours per year, or equal to one-half the amount of the employee's accumulated sick leave whichever is greater. In no case shall the employee's compensation while on occupational injury leave be less than the employee's regular pay, nor shall the employee's compensation while on occupational injury leave be greater than the employee's regular pay. Included in the calculation of the 176 hours granted will be compensation for any waiting period. Following exhaustion of this benefit, an employee may utilize accumulated sick leave to the extent available to make up the difference between said employee's regular pay and their disability compensation insurance.
City Council/RSA Agenda 208 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 8
3.07 PERSONAL LEAVE
The City shall allow twenty (20) hours per fiscal year of accumulated sick leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. A maximum of eight (8) hours, not used during the fiscal year, may be accumulated in addition to the regular twenty (20) hour allowance, increasing the Personal Leave allowance to twenty-eight (28) hours within a fiscal year. In addition, employees who have accumulated a minimum of 100 hours of sick leave on July 1 of the fiscal year may utilize eight (8) additional hours of accumulated sick for Personal Leave during the ensuing fiscal year. Employees who have accumulated 200 hours of sick leave by the beginning of the fiscal year may utilize twelve (12) additional hours of accumulated sick leave for Personal Leave purposes. Personal Leave hours credited under this provision are non-cumulative.
The maximum number of Personal Leave hours available in any fiscal year is forty (40) hours, for an employee who is credited with the annual twenty (20) hours, accumulated the allowable eight (8) hours and is eligible for the additional twelve (12) hours if he/she has a cumulative balance of 200 sick leave hours on July 1st. The employee must request Personal Leave at least 48 hours (2 days) prior to time of utilization. In cases of need, the immediate supervisor may waive the 48-hour notification procedure.
3.08 SICK LEAVE
Employees shall earn eight (8) hours sick leave per month (3.69 hours per pay period) without limit on accumulation. Employees absent without pay for more than thirty-six (36) hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave shall be taken in periods of no less than one- quarter hour.
Professional employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a balance of four hundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.
1. Utilization
Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, sickness or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum No. 21, Administration of Sick Leave, which shall serve as the operating guideline for both employees and management. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on nonwork hours. If this is not possible, sick leave may be used for these purposes for a minimum of one hour and shall not exceed four (4) hours except in unusual circumstances.
2. Notice and Certification
In order to receive compensation while absent on sick leave, the employee or someone on their behalf shall notify their immediate supervisor prior to or within one (1) hour after the time set for reporting to work except in extenuating circumstances. When an absence is three City Council/RSA Agenda 209 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 9
(3) consecutive workdays or more, the employee may be required to file a physician's certificate confirming period(s) of disability due to illness/injury with the supervisor for forwarding to the Human Resources Director. When absence, is for three (3) consecutive workdays or more and is due to sickness or injury in the immediate family, the employee is required to file a physician's certificate stating family member's period(s) of disability due to illness/injury with the supervisor for forwarding to the Human Resources Director.
3.09 UNPAID LEAVE OF ABSENCE
The City Manager, upon written request of a full-time employee other than a probationary employee, may grant for the good of the service, a leave of absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved leave of absence without pay for an additional period, said extension not to exceed an additional one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service, the purpose of the leave would be beneficial to the City, or would meet some pressing and extreme need of the employee. Leave hereby authorized may include major medical or disability leave, educational leave, maternity leave, and leave for any other purpose promoting the good of the service. Whenever granted, such leave shall be in writing and signed by the City Manager.
Upon expiration of such a leave, the employee shall be reinstated to the position held at the time the leave was granted and said employee shall retain their rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the leave of absence or within a reasonable time after notice to return to duty shall terminate their right to be reinstated.
3.10 VACATION
Vacation leave shall be earned by all employees at the rates indicated in the following table.
Employees may not use vacation leave during the first six months of service except during the Holiday Furlough period between Christmas Day and New Year's Day when City offices are closed to the public. Employees absent without pay for more than thirty-six (36) hours during a pay period do not earn vacation benefits for that pay period.
Years of Completed
Service
Bi-Weekly Accrual Rate Annual Accrual Rate
0-3 Years 3.08 hours 80 hours
4-8 Years 4.62 hours 120 hours
9-12 Years 5.38 hours 140 hours
13-15 Years 6.15 hours 160 hours
16+ years 7.69 hours 200 hours
Employees shall accrue vacation leave time based on years of service and may accumulate up to two (2) times the annual accrual rate based on years of completed service.
City Council/RSA Agenda 210 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 10
Employees shall provide notice to their supervisor prior to taking vacation consistent with the table below.
Amount of Vacation
Requested
Prior Notice Required
40-hour or more 2 weeks
Less than 40 hours Day for day proportional period with a minimum of 24 hours (e.g. 3-days requested-3 days prior notice)
The supervisor may waive these notification periods.
A. Vacation Sell back
For calendar year 2022, employees shall have the option of receiving an annual cash payment for up to eighty (80) hours of Vacation Leave provided an eighty 80-hour vacation balance is maintained after cash out. Employee request for cash payment must be submitted to the Payroll Administrative Services Department no later than June 1st and cash payment shall be made at the end of the fiscal year.
Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per year at the employee’s base rate of pay. At the time of distribution, the following must be true:
The employee is in good standing and meeting performance expectations on the last performance evaluation received.
The employee must have taken a minimum of eighty (80) hours of vacation and/or administrative leave in the preceding twelve (12) months. The employee must have a remaining balance of at least forty (40) hours following the sell back.
Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election and will be paid out in the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
Employees shall receive cash payment for unused vacation, payable at their current salary rate at the time of separation.
City Council/RSA Agenda 211 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 11
4.0 PROBATIONARY PERIOD
The probationary period for all Professional Group employees shall be 2080 hours (12 months).
5.0 HEALTH AND WELFARE BENEFITS
5.01 MEDICAL PLAN
The City shall contribute to the cafeteria plan, up to Two Thousand Dollars ($2000) per month toward the cost of medical, dental, and vision premiums for all bargaining unit members, regardless of the plan in which they are enrolled. This monthly contribution includes the City’s basic employer contribution for health premiums under PEMCHA which City Council Resolution No. 2279-02 set as the minimum required under PEMCHA. Employees shall pay premium costs exceeding the City's maximum contribution amount.
The City agrees to advance the cost of medical, dental, and vision premiums when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six months of return to work or upon termination. Retirees may elect to continue coverage with the group medical plan at the retiree's cost.
Employees who are also covered for medical benefits through a spouse's or other alternative medical insurance coverage may elect not to enroll in a city group medical plan. In lieu of medical insurance premiums, the City will pay the employee who waives coverage, the amount of $300.00 per month or $138.46 per pay period. Employees may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee's deferred compensation account. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Department. Retirees may elect to continue coverage with the group medical plan.
The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and PEG at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City's basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
The Professional Employees Group agrees to meet and confer with the City regarding the potential restructuring of employee medical insurance benefits, with the understanding that such discussions are not intended to reduce employee benefits, but rather, to assist the City in controlling its medical insurance costs and increase administrative flexibility.
City Council/RSA Agenda 212 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 12
5.02 WEEKLY INCOME PLAN
The City agrees to pay a maximum of $12.50 per month for premium for disability insurance coverage for represented employees. Employees shall be responsible for payment of monthly premiums in excess of $12.50.
5.03 LIFE INSURANCE
The City agrees to provide life insurance and AD&D coverage of $100,000.
5.04 LONG-TERM DISABILITY
The City agrees to pay $12.50 per month per employee for long-term disability insurance coverage, which provides 60-day elimination period, and 60% benefits for a maximum monthly payment of $7,000 at age 65. The City and the employee shall pay any increase in the monthly premium in excess of $12.50 per month equally.
5.05 COORDINATION OF BENEFITS
It is expressly understood that if eligibility for Weekly Income Plan and LTD overlaps, the LTD program benefit level shall be maintained as long as the same insurance carrier provides both plans.
6.0 RETIREMENT BENEFITS
6.01 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)
A. CLASSIC MEMBERS
Consistent with its historical practice, the City paysto CalPERS the fullshare ofthe employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC). For classic members receiving payments based on the 2.5%at 55 formula, these payments are equal to 8% of the member employees' reportable income.
For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
2.5% at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula. Beginning June 5, 2006, the City and PEG agreed to employee cost-sharing. The historical cost-sharing payments made bythese employees is asfollows:
Effective June 5, 2006, 3.5%.
Effective July 26, 2010, 4.5%.
Effective February 12, 2013, 8%.
EffectiveMay25,2015,8.5%.
City Council/RSA Agenda 213 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 13
Effective June 22, 2015, 9%.
Effective June 20, 2016, 9.5%.
2% at 60: Employees hired on or after January 1, 2011, are provided benefits under the CalPERS 2% at 60 retirement formula.The Parties also agree to employee cost-sharing to cover a portionofthe costs oftheCity'sCalPERScontributions.The historical cost-sharing paymentsmade bythese employeesisasfollows:
Effective January 1, 2011, 7%.
EffectiveMay25, 2015, 7.5%.
Effective June 22, 2015, 8%.
Effective June 20, 2016, 8.5%.
B. NEW MEMBERS
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula effective January 1, 2013. CalPERS new member employees have historically contributed to the CalPERS system at the following rates:
Effective January 1, 2013, 7%
Effective May 29, 2015, 7.5%
Effective July 1, 2015, 8%
Effective July 1, 2016, 8.5%
6.02 MILITARY BUYBACK
The City has amended the PERS contract to allow for the military buy-back provisions at employee’s cost.
7.0 MISCELLANEOUS PROVISIONS
7.01 EDUCATIONAL REIMBURSEMENTS
When an employee voluntarily and with prior approval of their department head, PEG Unit Leaders and the City Manager or designee undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Professional Group members, to be distributed by the Professional Group in accordance with its own procedure. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the costs of the books. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.
For purposes of this Section, costs incurred by employees for obtaining and maintaining professional certification or registration, including but not limited to AICP and Registered Civil City Council/RSA Agenda 214 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 14
Engineer status, shall be reimbursable so long as conditions of approval and course completion are met.
7.02 FLEXIBLE SCHEDULING
Flexible scheduling is available to employees when the schedule is mutually agreeable between the employee and the supervisor. Flexible scheduling may be implemented only when it is determined that such arrangements will not interfere with service delivery and general operational effectiveness. It is expressly understood that flexible scheduling shall not apply to any operation in which the staffing level is insufficient to provide continuous service availability during normal operating hours. Flexible scheduling shall include work from home agreements subject to the City’s Telecommute policy.
7.03 SAFETY SHOE/EQUIPMENT PURCHASE
The City agrees to pay eligible bargaining unit employees (those required to purchase and wear construction type, hard-soled boots to be worn on the job consistently) $300.00 in the second pay period of each fiscal year. The Safety Committee shall develop a list of available boots meeting these requirements. Classifications required to wear construction type, hard-soled boots consistently are:
Engineer I, II, III
Environmental Programs Inspector
Senior Building/Code Compliance Inspector
Building/Code Compliance Inspector
Employees who have occasion to wear construction type, hard-soled boots on an inconsistent or incidental basis, who believe that a City-paid pair of safety shoes are required or needs replacement, shall contact their department head or designee, who shall determine available allowance and authorize a safety shoe purchase.
An employee may elect to receive City-paid basic prescription safety glasses no more than once every two years, based on the employee's VSP eligibility period. "Basic prescription safety glasses are defined as those furnished with shatterproof lenses, scratch-resistant coating, tinting, and side shields, but not including cosmetic lens treatments such as grinding or upgraded frames."
7.04 ACCESS TO THE MEMORANDUM OF UNDERSTANDING
The City agrees to post a PDF copy of the approved Memorandum of Understanding and any Side Letter Agreement on the Human Resources SharePoint page accessed via the Union.
7.05 JOB DESCRIPTIONS
The City and Professional Group agrees to jointly review all future amended and new job descriptions. The City agrees to give the Professional Group two weeks’ notice prior to City Council/RSA Agenda 215 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 15
submittal of the descriptions to the City Council for approval. Upon Notice to the City, The Professional Group may request to meet and confer, regarding the modifications of current job descriptions or the creation of new job descriptions. No new or amended job descriptions shall be forwarded to the City Council or posted unless and until the Professional Group has had the opportunity to review them.
8.0 GRIEVANCE PROCEDURE
A grievance shall be defined as any dispute, which involves the interpretation or application of the agreement and scope of representation. At the time of initial filing of a grievance involving a disciplinary matter, the employee must elect to utilize either the grievance procedure contained in the Memorandum of Understanding or the grievance procedure outlined in the City Personnel Rules, Section 12.00. Election of either procedure shall preclude utilization of the other.
Grievance submitted in writing pursuant to this provision shall cite the section of the MOU alleged to have been violated. The parties recognize disputes shall be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or Professional Group to bypass the initial steps if the case involves decision making at a higher administrative level.
Step 1:
The employee and/or their representative may present the grievance informally, in writing, or orally, to the immediate supervisor within ten (10) working days of the occurrence of the dispute orten (10) working daysfrom such time asthe employee or Professional Group could have reasonably been aware of the occurrence. The supervisor shall respond within ten (10) days of submittal by/or discussion with the grievant.
Step 2:
Should the grievance remain unresolved at Step 1, the grievance may be submitted to the department head or their designee within ten (10) working days of the discussion held in Step
1. A written response will be given to the employee and the Professional Group within seven (7) working days of submittal to the department head or their designee.
Step 3:
Should the matter remain unresolved, the grievance will be submitted to the City Manager or designee and assigned Professional Group representative (as selected by the Professional Group who shall meet within twenty (20) working days of receipt of the grievance from Step 2 and attempt to resolve the grievance. The City Manager or designee shall provide a written response within ten (10) working days of the date of the discussion with the Professional Group.
Step 4:
Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 3. The names of five (5) City Council/RSA Agenda 216 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 16
Factfinders shall be obtained from the State of Conciliation Service. The City and Professional Group shall alternatively strike names from the list beginning by a coin flip until one name remains. The City and the Professional Group agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation to the parties to resolve the dispute. Said recommendation must be accepted by both the Professional Group and the City Council in order to become effective. In the event either party rejects the recommendation the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the grievance procedure shall stand, or other action by the City Council, or the Professional Group may be considered.
The Factfinder shall have no power to make recommendation, which would change, add, delete, or otherwise amend this Agreement, Rules, Regulations or Resolution of the City by reason of their recommendation, but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent at such meetings. The time between the steps of the procedure may be extended by mutual agreement; all requests for and agreements to extend the deadline shall be confirmed in writing. Failure by the employee or Professional group to follow the time limits unless extended by mutual agreement shall cause the grievance to be considered withdrawn. Failure by the City to follow time limits unless extended by mutual agreement shall cause the grievance to be settled in favor of the employee.
9.0 MISCELLANEOUS
The City agrees to continue all existing conditions and provisions of the current Memorandum of Understanding in full force and effect for the duration of the Agreement.
10.0 SEVERABILITY
Should any section, clause, or provision of the Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.
11.0 SURVEY DATA
The City agrees to make available to Professional Group bargaining representatives, all compensation and benefits comparison data compiled by the City’s negotiations team.
12.0 DURATION
This agreement shall continue in full force and effect from January 1, 2022, through December 31, 2024.
City Council/RSA Agenda 217 Tuesday, May 24, 2022
Professional Employees Group (PEG) Memorandum of Understanding January 1, 2022 though December 31, 2024 Page 17
FOR THE CITY OF UNION CITY: FOR THE PROFESSIONAL
EMPLOYEES’ GROUP:
_____
Lilybell Nakamura, HR Director Date Brandon H. DeLucas Date ______
Joan Malloy, City Manager Date Valerie Avendano Date
Trish Heuer Date
City Council/RSA Agenda 218 Tuesday, May 24, 2022
Professional Employees Group (PEG) Appendix A
January 1, 2022 though December 31, 2024 Page 18
Appendix A: Bargaining Group Classifications
Number Classification Title FLSA
30060 Accountant Non-Exempt
30250 Assistant Planner Non-Exempt
30230 Associate Planner Non-Exempt
30090 Case Manager Non-Exempt
30275 Emergency Services Coordinator Non-Exempt
30150 Engineer I (Civil) Non-Exempt
30130 Engineer II (Civil) Non-Exempt
30120 Engineer III (Civil) Non-Exempt
30030 Environmental Analyst I Non-Exempt
30031 Environmental Analyst II Non-Exempt
30040 Environmental Programs Inspector Non-Exempt
30095 Homeless Program Coordinator Non-Exempt
30080 Intervention Counselor Non-Exempt
30065 Payroll Technician Non-Exempt
30100 Recreation Supervisor Non-Exempt
30020 Senior Accountant Non-Exempt
30210 Senior Planner Non-Exempt
30400 Senior Recreation Supervisor Non-Exempt
30260 Senior Systems Analyst Non-Exempt
30310 Sustainability Analyst I Non-Exempt
30320 Sustainability Analyst II Non-Exempt
30053 Building/Code Compliance Coordinator Exempt
30055 Senior Building/Code Compliance Inspector Non-Exempt 30265 Systems Analyst Non-Exempt
30501 Transit Planner-Assistant Non-Exempt
30502 Transit Planner-Associate Non-Exempt
30503 Transit Planner-Senior Non-Exempt
30270 Web and Database Administrator Non-Exempt
City Council/RSA Agenda 219 Tuesday, May 24, 2022
Professional Employees Group (PEG) Side Letter Agreements City of Union City and
Union City Professional Employees Group
Side Letter of Agreement
Remote Work Policy
This Side Letter is by and between the Union City Professional Employees Group (“PEG”) and the City of Union City (“City”) and will become effective following agreement by PEG and adoption by the City.
The City is seeking to adopt a remote work policy to provide the opportunity for some City employees to work remotely and will meet and confer with PEG prior to adopting a remote work policy.
The City will keep the temporary emergency telecommuting guidelines in effect until the remote work policy referenced herein is implemented.
City Council/RSA Agenda 220 Tuesday, May 24, 2022
Professional Employees Group (PEG) Side Letter Agreements City of Union City and
Union City Professional Employees Group
Side Letter of Agreement
Salary Survey
This Side Letter is by and between Union City Professional Employees Group (“PEG”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by PEG and adoption by the City.
Pursuant to the Strategic Plan adopted by the City in FY 2020-21, the City recognizes its commitment to employees and has taken steps to engage a third-party consultant for the purposes of conducting a total compensation and benefits study for all city classifications.
The City will initiate the RFP process to retain consultant services for these purposes, and will direct the consultant once retained to complete the survey as soon as practicable. The study shall compare eight cities: Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City and San Leandro.
Pursuant to this Side Letter Agreement, PEG and the City agree to reopen negotiations when the City’s salary survey is completed for the sole purpose of meeting and conferring over potential equity adjustment increases based on the results of the completed total compensation and benefits survey.
In the event the City’s survey is not completed by end of calendar year 2022, PEG shall have the option to reopen negotiations to meet and confer over potential equity adjustment increases based on the results of the salary survey conducted by PEG in 2021 for MOU negotiations.
City Council/RSA Agenda 221 Tuesday, May 24, 2022
CITY OF UNION CITY
Salary Compensation Table
Professional Employees' Group (PEG)
FY 2021-22
Effective: May 30, 2022
City Council/RSA Agenda 222 Tuesday, May 24, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Professionals 30060 Accountant 7,381 7,749 8,128 8,543 8,967 Professionals 30250 Assistant Planner 6,884 7,227 7,586 7,967 8,365 Professionals 30230 Associate Planner 8,010 8,408 8,827 9,270 9,731 Professionals 30090 Case Manager 5,593 5,872 6,165 6,474 6,798 Professionals 30275 Emergency Services Coordinator 8,553 8,981 9,422 9,895 10,390 Professionals 30150 Engineer I (Civil) 7,066 7,415 7,788 8,179 8,587 Professionals 30130 Engineer II (Civil) 7,848 8,240 8,642 9,082 9,532 Professionals 30120 Engineer III (Civil) 8,972 9,420 9,885 10,380 10,899 Professionals 30030 Environmental Analyst I 6,364 6,683 7,016 7,369 7,738 Professionals 30031 Environmental Analyst II 7,184 7,562 7,961 8,379 8,821 Professionals 30040 Environmental Programs Inspector 9,255 9,743 10,254 10,792 11,362 Professionals 30095 Homeless Prog Coordinator 5,999 6,320 6,641 6,963 7,320 Professionals 30080 Intervention Counselor 6,360 6,678 7,013 7,364 7,732 Professionals 30065 Payroll Technician 7,284 7,648 8,022 8,431 8,849 Professionals 30100 Recreation Supervisor 7,214 7,575 7,953 8,350 8,767 Professionals 30020 Senior Accountant 8,169 8,585 9,014 9,460 9,927 Professionals 30210 Senior Planner 9,024 9,498 10,000 10,524 11,078 Professionals 30400 Senior Recreation Supervisor 8,471 8,884 9,317 9,773 10,249 Professionals 30260 Senior Systems Analyst 10,391 10,933 11,478 12,019 12,562 Professionals 30310 Sustainability Analyst I 6,272 6,585 6,914 7,260 7,623 Professionals 30320 Sustainability Analyst II 7,405 7,774 8,164 8,572 9,000 Professionals 30053 Building Code Compliance Coordinator 10,391 10,933 11,478 12,019 12,562 Professionals 30055 Sr. Building/Code Compliance Inspector 9,255 9,743 10,254 10,792 11,362 Professionals 30265 Systems Analyst 9,965 10,464 10,987 11,536 12,113 Professionals 30501 Transit Planner - Assistant 6,610 6,940 7,284 7,650 8,033 Professionals 30502 Transit Planner - Associate 7,916 8,309 8,723 9,161 9,615 Professionals 30503 Transit Planner - Senior 9,024 9,498 10,000 10,525 11,078 Professionals 30270 Web and Database Administrator 9,508 9,983 10,483 11,007 11,557 City of Union City - Salary Compensation Table - PEG
FY 2021-2022 - Effective May 30, 2022
City Council/RSA Agenda 223 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE FISCALYEAR 2022-2023 MASTER FEE SCHEDULE
Staff recommends that the City Council conduct a public hearing, consider information and updates provided by staff, and adopt a resolution approving the proposed Fiscal Year 2022-2023 Master Fee Schedule, as presented.
STRATEGIC PLAN ALIGNMENT
GoalA: Fiscal Stability and Sustainability
Strategy 6: Conduct routine evaluations of city fees and update as needed.
BACKGROUND
Staff annually reviews and analyzes rates, fees and charges for providing City services and incorporates these rates, fees and charges into a single document known as the Master Fee Schedule. The last revisions to the Master Fee Schedule were approved and adopted by the City Council in May of 2021. Updates to the Solid Waste, Recycling, and Stormwater Fees were addressed through separate, subsequent actions by the City Council, which is typical since these taxes and fees are collected by the County through property taxes.
DISCUSSION
The Master Fee Schedule reports in one place the rates, fees and charges for services charged by each department. The fees are updated each year to reflect actualcosts of the service, rate increases as prescribed in the Municipal Code, share of Federal rates, if applicable, or increases in the Consumer Price Index (CPI).
Staff uses the February to February CPI for the San Francisco Bay Area All Urban Consumers Index, which City Council/RSA Agenda 224 Tuesday, May 24, 2022
was 5.2% for that time period.
Attached to the resolution is a schedule showing the proposed Master Fee Schedule for 2022-2023. Attached to this staff report is a summary of significant changes to the Master Fee Schedule from Fiscal Year 2021- 2022.
FISCAL IMPACT
The fiscal impact will vary depending upon volume of each fee.
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing, consider information and updates provided by staff, and adopt a resolution approving the proposed Fiscal Year 2022-2023 Master Fee Schedule, as presented.
Prepared by:
Griffin Ellis, Accountant
Submitted by:
Jackie Acosta, Finance Director
ATTACHMENTS:
Description Type
Significant changes to the Master Fee Schedule Resolution Resolution with Master Fee Schedule attached Resolution Power Point Attachment
City Council/RSA Agenda 225 Tuesday, May 24, 2022
Adopted Proposed
Department / Name of Fee FY 2021-2022 Rate FY 2022-2023 Rate Comments
CITYWIDE FEES
Municipal Code Violation Penalty - 1st Violation $150 $100 Change Based on Government Code Section 36900 Municipal Code Violation Penalty - 2nd Violation $300 $200 Change Based on Government Code Section 36900 Municipal Code Violation Penalty - 3rd Violation $600 $500 Change Based on Government Code Section 36900
FINANCE
Transient Occupancy Tax 12.87% 13.54% Change Based on 5.2% CPI increase (this would be the first proposed increase since FY 2017-18)
ECONOMIC & COMMUNITY DEVELOPMENT
Solar Photovoltaic Permit Fee - Residential Project Only $400 for the first 15kW and $5 per kW above 15kW
$295 for the first 15kW and $5 per kW
above 15kW
Change Based on Government Code Section 66015
Residential Project - Planning Commission Review N/A
$1,647 (in addition to Administrative
Site Development base fee for
residential projects)
New
Based on cost recovery for residential Administrative Site Development (ASD) projects that are referred up to the
Planning Commission due to special circumstances or public interest. This fee is in addition to the base fee.
Commercial/Industrial Project $3,476 $5,658 Change Based on cost recovery Commercial/Industrial Project - Planning Commission Review N/A $2,296 (in addition to Adminstrative
Site Development base fee for
commercial/industrial projects)
New
Based on cost recovery for commercial Administrative Site Development (ASD) projects that are referred up to the
Planning Commission due to special circumstances or public interest. This fee is in addition to the base fee.
Municipal Code Violation Penalty - 1st Violation $150 $100 Change Based on Government Code Section 36900 Municipal Code Violation Penalty - 2nd Violation $300 $200 Change Based on Government Code Section 36900 Municipal Code Violation Penalty - 3rd Violation $600 $500 Change Based on Government Code Section 36900 POLICE
Senior Citizen (60+) Animal Fancier's Permit 1 Year $22 $20 Change Based on aligning fees with City of Fremont
PUBLIC WORKS
Small Cell - MLA Processing Fee (fixed amount, no refunds) N/A $4,000 New Based on new Master License Agreement (MLA) Small Cell - Pole License - Administrative Fee (per pole) N/A $65 New Based on new Master License Agreement (MLA) Small Cell - Pole License - Deposit (per pole, refund balance) N/A $1,800 New Based on new Master License Agreement (MLA) Small Cell - Pole License - Security Deposit (cash or bond) N/A $50,000 (1st 9 Pole Licenses) $25,000 (10+ Pole Licenses) New Based on new Master License Agreement (MLA) Small Cell - Annual License Fee (per pole) N/A $278 New Based on new Master License Agreement (MLA) Small Cell - Contingent License Fee N/A $1,545 New Based on new Master License Agreement (MLA) Small Cell - Constructs or installs any alteration without approval - Initial Notice
N/A $350 New Based on new Master License Agreement (MLA) Small Cell - Constructs or installs any alteration without approval - Follow Up Notice
N/A $400 New Based on new Master License Agreement (MLA) Small Cell - Failure to make required repairs, to provide or maintain insurance, or violation of requirements regarding accessed area - Initial Notice
N/A $300 New Based on new Master License Agreement (MLA) Small Cell - Failure to make required repairs, to provide or maintain insurance, or violation of requirements regarding accessed area - Follow Up Notice
N/A $350 New Based on new Master License Agreement (MLA)
COMMUNITY & RECREATION SERVICES
Facility Use Fees - Ruggieri Senior Center
Assembly Hall with Kitchen (resident) $145 during non-operating hours $145 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Assembly Hall with Kitchen (non-resident) $160 during non-operating hours $160 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Assembly Hall with Kitchen (commercial) $240 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Dining Room with Kitchen (resident) $100 during non-operating hours $100 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Dining Room with Kitchen (non-resident) $115 during non-operating hours $115 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Dining Room with Kitchen (commercial) $165 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Courtyard (commercial) $60 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Kitchen - flat fee to clean and sanitize the kitchen (only applicable to standalone kitchen use)
$100 Cleaning Fee during non-operating
hours
$100 Cleaning Fee + Janitorial
Surcharges during non-operating hours
Change Based on increase to service fees
Sun Room (commercial) $60 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Classroom (commercial) $80 during non-operating hours
2x resident rate during non-operating
hours Change Based on cost recovery
City of Union City
Proposed Master Fee Schedule FY 2022-2023
Summary of Significant Changes
City Council/RSA Agenda 226 Tuesday, May 24, 2022
Adopted Proposed
Facility Use Fees - Holly Community Center FY 2021-2022 Rate FY 2022-2023 Rate Comments Auditorium (resident) $125 during non-operating hours $125 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Auditorium (non-resident) $140 during non-operating hours $140 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Auditorium (commercial) $95 during normal operating hours 2x resident rate during normal operating hours
Change Based on cost recovery
Auditorium (commercial) $240 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Auditorium & Kitchen (resident) $135 during non-operating hours $135 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Auditorium & Kitchen (non-resident) $150 during non-operating hours $150 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Auditorium & Kitchen (commercial) $180 during normal operating hours 2x resident rate during normal operating hours
Change Based on cost recovery
Auditorium & Kitchen (commercial) $260 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Senior Room (resident) $70 during non-operating hours $70 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Senior Room (non-resident) $80 during non-operating hours $80 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Senior Room (commercial) $90 during normal operating hours 2x resident rate during normal operating hours
Change Based on cost recovery
Senior Room (commercial) $100 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Senior Room & Kitchenette (resident) $80 during non-operating hours $80 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Senior Room & Kitchenette (non-resident) $90 during non-operating hours $90 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Senior Room & Kitchenette (commercial) $100 during normal operating hours 2x resident rate during normal operating hours
Change Based on cost recovery
Senior Room & Kitchenette (commercial) $135 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Meeting Room (commercial) $35 during normal operating hours 2x resident rate during normal operating hours
Change Based on cost recovery
Meeting Room (commercial) $70 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Facility Use Fees - Kennedy Youth Center
Classroom, Patio, Lounge & Kitchen (resident) N/A $50 during normal operating hours New Based on cost recovery Classroom, Patio, Lounge & Kitchen (resident) N/A $100 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Classroom, Patio, Lounge & Kitchen (non-resident) N/A $60 during normal operating hours New Based on cost recovery Classroom, Patio, Lounge & Kitchen (non-resident) N/A $115 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Classroom, Patio, Lounge & Kitchen (commercial) N/A 2x resident rate during normal operating hours
New Based on cost recovery
Classroom, Patio, Lounge & Kitchen (commercial) N/A 2x resident rate during non-operating hours
New Based on cost recovery
Classroom or Lounge (resident) N/A $35 during normal operating hours New Based on cost recovery Classroom or Lounge (resident) N/A $80 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Classroom or Lounge (non-resident) N/A $40 during normal operating hours New Based on cost recovery Classroom or Lounge (non-resident) N/A $90 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Classroom or Lounge (commercial) N/A 2x resident rate during normal operating hours
New Based on cost recovery
Classroom or Lounge (commercial) N/A 2x resident rate during non-operating hours
New Based on cost recovery
Game Room (with Classroom or Lounge Rental Only) (resident) N/A $300 first 2 hours + $50 each additional hour during non-operating hours
New Based on cost recovery
Game Room (with Classroom or Lounge Rental Only) (nonresident) N/A $300 first 2 hours + $50 each additional hour during non-operating hours
New Based on cost recovery
Game Room (with Classroom or Lounge Rental Only)
(commercial) N/A 2x resident rate during non-operating hours New Based on cost recovery
Atrium (with Classroom or Lounge Rental Only) (resident) N/A $25 during normal operating hours New Based on cost recovery Atrium (with Classroom or Lounge Rental Only) (resident) N/A $25 during non-operating hours New Based on cost recovery Atrium (with Classroom or Lounge Rental Only) (non-resident) N/A $30 during normal operating hours New Based on cost recovery Atrium (with Classroom or Lounge Rental Only) (non-resident) N/A $30 during non-operating hours New Based on cost recovery Atrium (with Classroom or Lounge Rental Only) (commercial) N/A 2x resident rate during normal operating hours
New Based on cost recovery
Atrium (with Classroom or Lounge Rental Only) (commercial) N/A 2x resident rate during non-operating hours
New Based on cost recovery
City of Union City
Proposed Master Fee Schedule FY 2022-2023
Summary of Significant Changes
City Council/RSA Agenda 227 Tuesday, May 24, 2022
Adopted Proposed
Facility Use Fees - Studio 11 FY 2021-2022 Rate FY 2022-2023 Rate Comments Studio (meeting, no food/alcohol) (resident) N/A $55 during normal operating hours New Based on cost recovery Studio (meeting, no food/alcohol) (resident) N/A $55 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Studio (meeting, no food/alcohol) (non-resident) N/A $65 during normal operating hours New Based on cost recovery Studio (meeting, no food/alcohol) (non-resident) N/A $65 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Studio with Kitchen (meeting, no food/alcohol) (resident) N/A $100 during normal operating hours New Based on cost recovery Studio with Kitchen (meeting, no food/alcohol) (resident) N/A $100 + Janitorial Surcharges during nonoperating hoursNew Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Studio with Kitchen (meeting, no food/alcohol) (non-resident) N/A $115 during normal operating hours New Based on cost recovery Studio with Kitchen (meeting, no food/alcohol) (non-resident) N/A $115 + Janitorial Surcharges during nonoperating hours New Based on cost recovery and supplemental janitorial fee added to the rate as service fees increase
Facility Use Fees - Mark Green Sports Center
Social Rental-Saturday Only (resident) $210 during non-operating hours $210 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Social Rental-Saturday Only (non-resident) $235 during non-operating hours $235 + Janitorial Surcharges during nonoperating hoursChange Based on increase to service fees Social Rental-Saturday Only (commercial) $400 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Kitchen - flat fee to clean and sanitize the kitchen (only applicable to standalone kitchen use or to patrons who have received a discounted/free hourly kitchen rental)
$100 Cleaning Fee during non-operating
hours
$100 Cleaning Fee + Janitorial
Surcharges during non-operating hours
Change Based on increase to service fees
Classroom (no food or alcohol) (commercial) $100 during normal operating hours 2x resident rate during normal operating hours
Change Based on cost recovery
Classroom (no food or alcohol) (commercial) $200 during non-operating hours 2x resident rate during non-operating hours
Change Based on cost recovery
Memorial Bench Purchase
Memorial Bench Purchase $2,000 $2,000 + any increase in material costs or manufacturer surcharges
Change Based on cost recovery
Membership Fees - Seven Hills Community Garden
Annual Membership Fee $100 during normal operating hours $115 during normal operating hours Change Based on cost recovery Membership Fees - Mark Green Sports Center
Visit Punch Card Pass for Adults $99 during normal operating hours $118 during normal operating hours Change Based on fee restructure Visit Punch Card Pass for Adults $110 during non-operating hours $146 during non-operating hours Change Based on fee restructure Daily Drop In - Single Visit $7 during normal operating hours $10 during normal operating hours Change Based on fee restructure Daily Drop In - Single Visit $12 during non-operating hours $15 during non-operating hours Change Based on fee restructure City Employee Memberships / Commissioners / Elected
Officials - Annual Membership + Liberty Park HOA $163 $180 Change Based on fee restructure City Employee Memberships / Commissioners / Elected
Officials - Annual Family Membership + Liberty Park HOA $313 $360 Change Based on fee restructure Fee Classes
Fee Classes $5.25 to $420 per session $5 to $1,200 per session Change Based on cost recovery Summary of Significant Changes
City of Union City
Proposed Master Fee Schedule FY 2022-2023
City Council/RSA Agenda 228 Tuesday, May 24, 2022
RESOLUTION NO. XXXX-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE FISCAL YEAR 2022-2023 MASTER FEE SCHEDULE
WHEREAS, the City Council of the City of Union City is authorized to establish and amend rates, fees and charges pertaining to services provided by the City to the public; and WHEREAS, a Public Hearing has been duly conducted on May 24, 2022, to consider reasons for and against the imposition of new and/or amended municipal rates, fees and charges; and
WHEREAS, the City Council desires to amend the rates, fees and charges for services as authorized, pursuant to the Union City Municipal Code; and WHEREAS, the rates, fees and charges approved by this resolution will stand until such time as amendments may be brought before the City Council for consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby amend the rates, fees and charges for services as set forth in the proposed Fiscal Year 2022-2023 Master Fee Schedule (Attachment A), attached hereto and incorporated by reference herein.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
____________________________ ____________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 229 Tuesday, May 24, 2022
CITY OF UNION CITY
FISCAL YEAR 2022-23
MASTER FEE SCHEDULE
City Council/RSA Agenda 230 Tuesday, May 24, 2022
Page No.
Assessments 3
Waste & Recycling 4
Exhibit A-Residential 5
Exhibit A-Commercial 6
Exhibit A-Drop-Box 13
Exhibit B-Tri-CED 16
Citywide Fees 17
Finance 18
City Clerk's Office 20
City Manager Office 21
Economic & Community Development Department
Building 22
Planning 24
Neighborhood Preservation 25
Development Fees- Citywide 26
Environmental Programs 27
Housing & Community Development 28
Police Department 29
Exhibit I 31
Fire Department 33
Public Works Department 35
Community & Recreation Services Department 37
Exhibit II 44
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
Table of Contents
City Council/RSA Agenda 231 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Assessments
Electricity, gas, video, & telecommunication services 5% 5% No Change **
Utility Users' Tax**
A utility users' tax was approved by voters in 2020
with a term that ends in 2028. The utility users' tax
levies a 5% tax on electricity, gas, video, and
telecommunications services. The utility users'
tax is a general tax that takes effect in April 2021.
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Assessments Page 3 of 44
City Council/RSA Agenda 232 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Solid Waste, Organic Waste, and Recycling Surcharges
Solid Waste, Organic Waste Surcharge Exhibit A Exhibit A Annual Increase Curbside Recycling Surcharge Exhibit B Exhibit B Annual Increase Annual Residential Rates/Assessments for Single Family Curbside Collection Services (3 cart service) Refuse/Yd Waste $479.40 TBD Annual Increase
$173.04 TBD Annual Increase
Annual Residential Rates/Assessments for Parcelized Multi-Family Curbside Collection (2 cart service/no green waste) $321.36 TBD Annual Increase
$173.04 TBD Annual Increase
$1.50 TBD Tri-CED
$0.83 TBD Tri-CED
$0.83 TBD Tri-CED
Recycling Processing Surcharge
Single Family and Parcelized Multi Family,
Fee per household per month
Commercial
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Refuse
Recycling*
Recycling*
Non-Parcelized Multi-Family,
Fee per unit per month
*Rate includes recycling processing surcharge
*Rate includes recycling processing surcharge
Waste & Recycling Page 4 of 44
City Council/RSA Agenda 233 Tuesday, May 24, 2022
Size of Solid Waste Container Service Frequency
2022 Rates
(Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
Single-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Solid Waste and Organic Materials Collection Services) 20-gal cart 1 pick-up/wk $31.95 TBD
35-gal cart 1 pick-up/wk $39.95 TBD
64-gal cart 1 pick-up/wk $79.96 TBD
96-gal cart 1 pick-up/wk $119.90 TBD
Extra Organic Containers (Monthly Rate)
Extra Organic Materials cart* 1 pick-up/wk $23.88 TBD
*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) 20-gal cart 1 pick-up/wk $21.41 TBD
35-gal cart 1 pick-up/wk $26.78 TBD
64-gal cart 1 pick-up/wk $53.55 TBD
96-gal cart 1 pick-up/wk $80.35 TBD
Extra Pick-Ups/On-Call Collection Services (Rate per pick-up) for Single- Family Extra 32-gal bag of Organic Materials
collected on customer's regularly scheduled
collection day
$26.79 TBD
Extra 32-gal bag of Solid Waste collected on
customer's regularly scheduled collection
day
$26.79 TBD
Extra 32-gal bag of Solid Waste collected on
a day other than the customer's regularly
scheduled collection day
$52.22 TBD
Bulky Item Pickup fee for up to two items
(applies to pickups in excess of two cleanup
collections per year)
$89.53 TBD
Bulky Item Pickup fee for each additional
item
Applies to pickups in excess of 2 cleanup
collections per year
$29.87 TBD
Additional Bulky Item Pickup fee for each
appliance containing refrigerants
Applies to pickups in excess of 2 cleanup
collections per year
$69.63 TBD
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.
$332.26 TBD
Cart delivery/pick-up
Extra fee paid if customer requests a change in
Cart size more than once per year
$69.63 TBD
Cart replacement
Extra fee paid if customer requires Cart
replacement (one replacement per year at no cost)
$129.34 TBD
Miscellaneous Services (Rate per event) for Single-Family and Parcelized Multi-Family Customers (Includes Multi-Family Dwellings Receiving Cart Service) Exhibit A- Residential Rates
City of Union City
A-Residential Page 5 of 44 City Council/RSA Agenda 234 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
Regularly Scheduled Solid Waste Cart Services (Monthly Rate) Solid Waste 35-gallon cart 1 $40.14 TBD
64-gallon cart 1 $80.33 TBD
96-gallon cart 1 $120.47 TBD
35-gallon cart* 1 $26.78 TBD
*Tropics Mobile Home Park Customers Only
Regularly Scheduled Solid Waste Bin
Solid Waste 1 cubic yard container 1 $165.98 TBD
2 $331.98 TBD
3 $458.43 TBD
4 $584.87 TBD
5 $814.58 TBD
6 $840.10 TBD
Solid Waste 2 cubic yard container 1 $311.07 TBD
2 $564.30 TBD
3 $817.65 TBD
4 $1,070.91 TBD
5 $1,324.15 TBD
6 $1,579.79 TBD
Solid Waste 3 cubic yard container 1 $434.94 TBD
2 $810.16 TBD
3 $1,835.35 TBD
4 $1,560.48 TBD
5 $1,935.51 TBD
6 $2,310.82 TBD
Solid Waste 4 cubic yard container 1 $563.75 TBD
2 $1,057.81 TBD
3 $1,551.80 TBD
4 $2,045.94 TBD
5 $2,539.97 TBD
6 $3,034.01 TBD
Solid Waste 6 cubic yard container 1 $842.44 TBD
2 $1,583.47 TBD
3 $2,324.47 TBD
4 $3,065.55 TBD
5 $3,806.57 TBD
6 $4,547.64 TBD
Solid Waste 7 cubic yard container 1 $965.94 TBD
2 $1,830.46 TBD
3 $2,694.96 TBD
4 $3,863.68 TBD
5 $4,424.14 TBD
6 $5,288.58 TBD
City of Union City
Exhibit A- Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) A-Commecial Page 6 of 44 City Council/RSA Agenda 235 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
City of Union City
Exhibit A- Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Solid Waste 8 cubic yard container 1 $1,118.24 TBD
2 $2,106.28 TBD
3 $3,094.30 TBD
4 $4,198.28 TBD
5 $5,070.50 TBD
6 $6,058.56 TBD
Regularly Scheduled Recyclable Materials Bin Services (Monthly Rate) Recyclable Materials 1 cubic yard container 1 $99.58 TBD 2 $199.18 TBD
3 $275.04 TBD
4 $350.93 TBD
5 $488.74 TBD
6 $504.06 TBD
Recyclable Materials 2 cubic yard container 1 $186.66 TBD 2 $338.59 TBD
3 $490.60 TBD
4 $642.55 TBD
5 $794.49 TBD
6 $947.87 TBD
Recyclable Materials 3 cubic yard container 1 $260.95 TBD 2 $486.09 TBD
3 $711.20 TBD
4 $936.28 TBD
5 $1,161.30 TBD
6 $1,386.50 TBD
Recyclable Materials 4 cubic yard container 1 $338.25 TBD 2 $634.68 TBD
3 $931.09 TBD
4 $1,227.57 TBD
5 $1,523.98 TBD
6 $1,820.40 TBD
Recyclable Materials 6 cubic yard container 1 $505.46 TBD 2 $950.09 TBD
3 $1,394.69 TBD
4 $1,839.32 TBD
5 $2,283.94 TBD
6 $2,728.59 TBD
Recyclable Materials 7 cubic yard container 1 $579.58 TBD 2 $1,098.29 TBD
3 $1,616.98 TBD
4 $2,318.22 TBD
5 $2,654.47 TBD
6 $3,173.14 TBD
A-Commecial Page 7 of 44 City Council/RSA Agenda 236 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
City of Union City
Exhibit A- Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Recyclable Materials Various Bin Sizes Per Dwelling Unit $7.56 TBD Regularly Scheduled Organic Materials Services (Monthly Rate) Organics 64-gallon cart 1 $48.20 TBD
2 $96.38 TBD
3 $144.58 TBD
4 $192.78 TBD
5 $240.96 TBD
6 $289.17 TBD
Organics 1 cubic yard container 1 $99.58 TBD
2 $199.18 TBD
3 $275.04 TBD
4 $350.93 TBD
5 $488.74 TBD
6 $504.06 TBD
Organics 2 cubic yard container 1 $186.66 TBD
2 $338.59 TBD
3 $490.60 TBD
4 $642.55 TBD
5 $794.49 TBD
6 $947.87 TBD
Organics 3 cubic yard container 1 $260.95 TBD
2 $486.09 TBD
3 $711.20 TBD
4 $936.28 TBD
5 $1,161.30 TBD
6 $1,386.50 TBD
Organics 4 cubic yard container 1 $338.25 TBD
2 $634.68 TBD
3 $931.09 TBD
4 $1,227.57 TBD
5 $1,523.98 TBD
6 $1,820.40 TBD
Non-Parcelized Multi-Family Dwelling: Regularly Scheduled Recyclable Materials Services (Monthly Rate) A-Commecial Page 8 of 44 City Council/RSA Agenda 237 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
City of Union City
Exhibit A- Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Regularly Scheduled Green Waste Materials Services (Monthly Rate) Green Waste 64-gallon cart 1 $60.25 TBD
2 $120.50 TBD
3 $166.40 TBD
4 $212.30 TBD
5 $295.68 TBD
Green Waste 96-galllon cart 1 $90.34 TBD
2 $180.71 TBD
3 $249.54 TBD
4 $318.38 TBD
5 $443.42 TBD
Regularly Scheduled Solid Waste Front Load Compactor Services Compacted rate per yard
Per-Occurrence,
Per-Cubic-Yard Rate*
$58.39 TBD
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $58.39 x 4.33 = $1,011.31 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $58.39 x 4.33 = $758.49 Regularly Scheduled Recyclable Materials Front Load Compactor Services Compacted rate per yard
Per-Occurrence,
Per-Cubic-Yard Rate*
$14.60 TBD
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $14.60 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 $14.60 x 4.33 = $189.65 Regularly Scheduled Organic Materials Front Load Compactor Services Compacted rate per yard
Per-Occurrence,
Per-Cubic-Yard Rate*
$49.83 TBD
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $49.83 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 $49.83 x 4.33 = $647.29 A-Commecial Page 9 of 44 City Council/RSA Agenda 238 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
City of Union City
Exhibit A- Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Additional Solid Waste Pick-Ups/On-Call Collection (Per Occurrence) 1 cubic yard container
Per- Occurrence
Rate
$29.22 TBD
2 cubic yard container
Per- Occurrence
Rate
$58.38 TBD
3 cubic yard container
Per- Occurrence
Rate
$86.62 TBD
4 cubic yard container
Per- Occurrence
Rate
$114.12 TBD
6 cubic yard container
Per- Occurrence
Rate
$171.08 TBD
7 cubic yard container
Per- Occurrence
Rate
$199.67 TBD
8 cubic yard container
Per- Occurrence
Rate
$228.18 TBD
1 cubic yard container
Per- Occurrence
Rate
$68.67 TBD
2 cubic yard container
Per- Occurrence
Rate
$97.94 TBD
3 cubic yard container
Per- Occurrence
Rate
$126.41 TBD
4 cubic yard container
Per- Occurrence
Rate
$153.98 TBD
6 cubic yard container
Per- Occurrence
Rate
$211.24 TBD
7 cubic yard container
Per- Occurrence
Rate
$239.56 TBD
8 cubic yard container
Per- Occurrence
Rate
$273.78 TBD
35-gal can or bag
Per- Occurrence
Rate
$34.77 TBD
64-gal can or bag
Per- Occurrence
Rate
$54.69 TBD
96-gal can or bag
Per- Occurrence
Rate
$69.00 TBD
35-gal can or bag
Per- Occurrence
Rate
$60.96 TBD
64-gal can or bag
Per- Occurrence
Rate
$80.91 TBD
96-gal can or bag
Per- Occurrence
Rate
$95.14 TBD
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
Additional Solid Waste bin collected on
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
A-Commecial Page 10 of 44 City Council/RSA Agenda 239 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
City of Union City
Exhibit A- Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Additional Recyclable Materials Pick-Ups/ On-Call Collection (Per Occurrence) 1 cubic yard container
Per- Occurrence
Rate
$17.53 TBD
2 cubic yard container
Per- Occurrence
Rate
$35.03 TBD
3 cubic yard container
Per- Occurrence
Rate
$51.97 TBD
4 cubic yard container
Per- Occurrence
Rate
$68.49 TBD
6 cubic yard container
Per- Occurrence
Rate
$102.65 TBD
7 cubic yard container
Per- Occurrence
Rate
$119.80 TBD
1 cubic yard container
Per- Occurrence
Rate
$41.19 TBD
2 cubic yard container
Per- Occurrence
Rate
$58.78 TBD
3 cubic yard container
Per- Occurrence
Rate
$75.85 TBD
4 cubic yard container
Per- Occurrence
Rate
$92.38 TBD
6 cubic yard container
Per- Occurrence
Rate
$126.75 TBD
7 cubic yard container
Per- Occurrence
Rate
$143.73 TBD
35-gal can or bag
Per- Occurrence
Rate
$20.86 TBD
64-gal can or bag
Per- Occurrence
Rate
$32.82 TBD
96-gal can or bag
Per- Occurrence
Rate
$41.41 TBD
35-gal can or bag Per- Occurrence
Rate
$36.57 TBD
64-gal can or bag Per- Occurrence
Rate
$48.55 TBD
96-gal can or bag Per- Occurrence
Rate
$57.10 TBD
Additional Recyclable Materials bin
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 customer's regularly
scheduled collection day
Extra can or bag of Recyclable Materials
collected on a day other than the
customer's regularly scheduled collection
day
A-Commecial Page 11 of 44 City Council/RSA Agenda 240 Tuesday, May 24, 2022 Type of Service Receptacle Service Frequency (Pick-Ups/Week) 2022 Rates (Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
City of Union City
Exhibit A- 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
$17.53 TBD
1 cubic yard container
Per- Occurrence
Rate
$35.03 TBD
2 cubic yard container
Per- Occurrence
Rate
$51.97 TBD
3 cubic yard container
Per- Occurrence
Rate
$68.49 TBD
4 cubic yard container
Per- Occurrence
Rate
$102.65 TBD
64-gal cart
Per- Occurrence
Rate
$41.19 TBD
1 cubic yard container
Per- Occurrence
Rate
$58.78 TBD
2 cubic yard container
Per- Occurrence
Rate
$75.85 TBD
3 cubic yard container
Per- Occurrence
Rate
$92.38 TBD
4 cubic yard container
Per- Occurrence
Rate
$126.75 TBD
Miscellaneous Charges
Hasp & lock for bin, one time charge Not Applicable
Per- Occurrence
Rate
$268.93 TBD
Replace lock Not Applicable
Per- Occurrence
Rate
$51.54 TBD
Steam cleaning Not Applicable
Per- Occurrence
Rate
$144.31 TBD
Bin delivery/pick-up Not Applicable
Extra fee paid if customer requests a change in
Bin size more than once per year
$179.93 TBD
Non-Parcelized Multi-Family Dwellings -
Additional Bulky Item Pickup fee for each
major appliance
Not Applicable
Per- Occurrence
Rate
$69.63 TBD
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= 2xRate; 3yd 1x/wk = 1xRate)
$20.02 TBD
Lock/unlock charge Not Applicable
Per- Occurrence
Rate
$5.00 TBD
Lock/unlock charge with push/pull charge Not Applicable Per Weekly Service Frequency $45.71 TBD Note: Miscellaneous charges listed on the residential rate sheet apply to commercial customers as appropriate Additional Organic Materials collected on a
day other than the customer's regularly
scheduled collection day
Additional Organic Materials collected on
customer's regularly scheduled collection
day
A-Commecial Page 12 of 44 City Council/RSA Agenda 241 Tuesday, May 24, 2022 Type of Service Receptacle Rate Information
2022 Rates
(Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
(Per Pull/Return Rate not including initial delivery fee which is charged separately) Solid waste 6 cubic yard drop box Per Pull/Return Rate $473.18 TBD Solid waste 14 cubic yard drop box Per Pull/Return Rate $473.18 TBD Solid waste 20 cubic yard drop box Per Pull/Return Rate $676.03 TBD Solid waste 30 cubic yard drop box Per Pull/Return Rate $1,001.29 TBD Solid waste 40 cubic yard drop box Per Pull/Return Rate $1,335.02 TBD Recyclable materials 6 cubic yard drop box Per Pull/Return Rate $283.90 TBD Recyclable materials 14 cubic yard drop box Per Pull/Return Rate $283.90 TBD Recyclable materials 20 cubic yard drop box Per Pull/Return Rate $405.62 TBD Recyclable materials 30 cubic yard drop box Per Pull/Return Rate $600.77 TBD Recyclable materials 40 cubic yard drop box Per Pull/Return Rate $801.00 TBD Green waste materials 6 cubic yard drop box Per Pull/Return Rate $402.20 TBD Green waste materials 14 cubic yard drop box Per Pull/Return Rate $402.20 TBD Green waste materials 20 cubic yard drop box Per Pull/Return Rate $574.63 TBD Green waste materials 30 cubic yard drop box Per Pull/Return Rate $851.10 TBD Green waste materials 40 cubic yard drop box Per Pull/Return Rate $1,134.76 TBD Organic materials 6 cubic yard drop box Per Pull/Return Rate $402.20 TBD Solid waste 6 cubic yard drop box Per Pull Rate $584.53 TBD Solid waste 14 cubic yard drop box Per Pull Rate $584.53 TBD Solid waste 20 cubic yard drop box Per Pull Rate $787.31 TBD Solid waste 30 cubic yard drop box Per Pull Rate $1,112.59 TBD Solid waste 40 cubic yard drop box Per Pull Rate $1,446.31 TBD Recyclable materials 6 cubic yard drop box Per Pull Rate $350.71 TBD Recyclable materials 14 cubic yard drop box Per Pull Rate $350.71 TBD Recyclable materials 20 cubic yard drop box Per Pull Rate $472.39 TBD Recyclable materials 30 cubic yard drop box Per Pull Rate $667.56 TBD Recyclable materials 40 cubic yard drop box Per Pull Rate $867.79 TBD Green waste materials 6 cubic yard drop box Per Pull Rate $496.85 TBD Green waste materials 14 cubic yard drop box Per Pull Rate $496.85 TBD Green waste materials 20 cubic yard drop box Per Pull Rate $669.22 TBD Green waste materials 30 cubic yard drop box Per Pull Rate $945.71 TBD Green waste materials 40 cubic yard drop box Per Pull Rate $1,229.36 TBD City of Union City
Exhibit A- Drop Box Rates
On-Call Collection Service
(Per Pull Rate includes delivery fee; does NOT include demurrage fee - charged separately) Regularly Scheduled Collection Service
A-Drop-Box Page 13 of 44
City Council/RSA Agenda 242 Tuesday, May 24, 2022
Type of Service Receptacle Rate Information
2022 Rates
(Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
Regularly Scheduled Collection Service
Solid waste and organics 14 cubic yard drop box Per Pull/Return Rate $946.77 TBD Solid waste and organics 15 cubic yard drop box Per Pull/Return Rate $1,014.37 TBD Solid waste and organics 16 cubic yard drop box Per Pull/Return Rate $1,082.02 TBD Solid waste and organics 20 cubic yard drop box Per Pull/Return Rate $1,352.51 TBD Solid waste and organics 24 cubic yard drop box Per Pull/Return Rate $1,623.01 TBD Solid waste and organics 25 cubic yard drop box Per Pull/Return Rate $1,690.66 TBD Solid waste and organics 30 cubic yard drop box Per Pull/Return Rate $2,028.79 TBD Solid waste and organics 38 cubic yard drop box Per Pull/Return Rate $2,569.80 TBD Solid waste and organics 40 cubic yard drop box Per Pull/Return Rate $2,705.04 TBD Recyclable materials 14 cubic yard drop box Per Pull/Return Rate $568.05 TBD Recyclable materials 15 cubic yard drop box Per Pull/Return Rate $608.63 TBD Recyclable materials 16 cubic yard drop box Per Pull/Return Rate $649.20 TBD Recyclable materials 20 cubic yard drop box Per Pull/Return Rate $811.52 TBD Recyclable materials 24 cubic yard drop box Per Pull/Return Rate $973.81 TBD Recyclable materials 25 cubic yard drop box Per Pull/Return Rate $1,014.38 TBD Recyclable materials 30 cubic yard drop box Per Pull/Return Rate $1,217.27 TBD Recyclable materials 38 cubic yard drop box Per Pull/Return Rate $1,541.88 TBD Recyclable materials 40 cubic yard drop box Per Pull/Return Rate $1,623.02 TBD Recyclable materials 42 cubic yard drop box Per Pull/Return Rate $1,704.18 TBD Solid waste and organics 14 cubic yard drop box Per Pull/Return Rate $946.77 TBD Solid waste and organics 15 cubic yard drop box Per Pull/Return Rate $1,014.37 TBD Solid waste and organics 16 cubic yard drop box Per Pull/Return Rate $1,082.02 TBD Solid waste and organics 20 cubic yard drop box Per Pull/Return Rate $1,352.51 TBD Solid waste and organics 24 cubic yard drop box Per Pull/Return Rate $1,623.01 TBD Solid waste and organics 25 cubic yard drop box Per Pull/Return Rate $1,690.66 TBD Solid waste and organics 30 cubic yard drop box Per Pull/Return Rate $2,028.79 TBD Solid waste and organics 38 cubic yard drop box Per Pull/Return Rate $2,569.80 TBD Solid waste and organics 40 cubic yard drop box Per Pull/Return Rate $2,705.04 TBD Recyclable materials 14 cubic yard drop box Per Pull/Return Rate $568.05 TBD Recyclable materials 15 cubic yard drop box Per Pull/Return Rate $608.63 TBD Recyclable materials 16 cubic yard drop box Per Pull/Return Rate $649.20 TBD Recyclable materials 20 cubic yard drop box Per Pull/Return Rate $811.52 TBD Recyclable materials 24 cubic yard drop box Per Pull/Return Rate $973.81 TBD Recyclable materials 25 cubic yard drop box Per Pull/Return Rate $1,014.38 TBD Recyclable materials 30 cubic yard drop box Per Pull/Return Rate $1,217.27 TBD Recyclable materials 38 cubic yard drop box Per Pull/Return Rate $1,541.88 TBD Recyclable materials 40 cubic yard drop box Per Pull/Return Rate $1,623.02 TBD Recyclable materials 42 cubic yard drop box Per Pull/Return Rate $1,704.18 TBD (Per Pull/Return Rate not including initial delivery fee which is charged separately) Regularly Scheduled Compactor Service - Contractor-Owned Compactors (Per Pull/Return Rate not including initial delivery fee which is charged separately.
Rate does not include compactor lease and/or maintenance fees.) Regularly Scheduled Compactor Service - Customer Owned Compactors A-Drop-Box Page 14 of 44
City Council/RSA Agenda 243 Tuesday, May 24, 2022
Type of Service Receptacle Rate Information
2022 Rates
(Jul 1, 2021 - Jun 30, 2022)
2023 Rates
(Jul 1, 2022 - Jun 30, 2023)
Regularly Scheduled Collection Service
Demurrage Charge
All Material Types All drop box sizes Weekly Rate* $72.76 TBD Delivery Service
All Material Types All drop box sizes
Per-Occurrence Rate for
delivery to collection site
$107.78 TBD
Overage Charge
All Material Types 6 cubic yard drop box
Per Occurrence Rate for
Material Placed in Box In
Excess of Drop Box
Capacity
$72.60 TBD
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
$31.12 TBD
Relocation or Cancellation Charge
All Material Types All drop box sizes
Per-Relocation or
Cancellation Rate
$152.91 TBD
A-Drop-Box Page 15 of 44
City Council/RSA Agenda 244 Tuesday, May 24, 2022
Type of Service Level of Service
Rate Year 17
(Jul 1, 2021 - Jun
30, 2022)
Rate Year 18
(Jul 1, 2022 - Jun
30, 2023)
Parcelized Single-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Recycling Collection Services) Per Dwelling Unit Each unit receives a cart $14.42 TBD
Multi-Family Dwelling: Regularly Scheduled Collection Services Basic Service (Monthly Rate for Recycling Collection Services) Parcelized Per Unit Each unit receives a cart $14.42 TBD Non-Parcelized Per Unit Each unit receives a cart $13.73 TBD Non-Parcelized Per Unit Shared cart service $8.40 TBD
Commercial: Regularly Scheduled Recycling Cart Services (Monthly Rate) Basic Service (Monthly Rate for Recycling Collection Services) Recycling 1 x per week 64 or 96 Gallon Cart $20.30 TBD
Recycling 2 x per week 64 or 96 Gallon Cart $41.48 TBD
Recycling 3 x per week 64 or 96 Gallon Cart $56.94 TBD
Recycling 4 x per week 64 or 96 Gallon Cart $72.41 TBD
Recycling 5 x per week 64 or 96 Gallon Cart $100.51 TBD City of Union City
Recycling Rates
Service Provided by Tri-CED
(Includes Multi-Family Dwellings)
B-Tri-CED Page 16 of 44
City Council/RSA Agenda 245 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Other Charges
Photo Copies
8.5" X 11" black and white- fee per page
First 10 pages $0.52 $0.55 5.2% CPI Increase
Thereafter, same document $0.10 $0.11 5.2% CPI Increase
8.5" X 11" color- fee per page $0.78 $0.82 5.2% CPI Increase
8.5" X 14" black and white- fee per page
First 10 pages $0.52 $0.55 5.2% CPI Increase
Thereafter, same document $0.10 $0.11 5.2% CPI Increase
8.5" X 14" color - fee per page $0.78 $0.82 5.2% CPI Increase 11" X 17" black and white- fee per page
First 10 pages $1.05 $1.10 5.2% CPI Increase
Thereafter, same document $0.21 $0.22 5.2% CPI Increase 11" X 17" color- fee per page $1.56 $1.64 5.2% CPI Increase Binding Cost of Binding Cost of Binding No Change
Audio/Video Tapes $57 $60 5.2% CPI Increase
Compact Disc/DVD $57 $60 5.2% CPI Increase
Administrative Citation
Municipal Code Violation Penalty
1st Violation $150 $100 Updated for consistency with
State Law, Govt Code 36900
2nd Violation $300 $200 Updated for consistency with
State Law, Govt Code 36900
3rd Violation $600 $500 Updated for consistency with
State Law, Govt Code 36900
Special Assessment- Lien Administration Fee
Delinquent Business License Tax $50 $50 No Change
Delinquent Solid Waste and Organic Waste Fee $50 $50 No Change Citywide Fees
TYPE OF FEE
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
Citywide Fees Page 17 of 44
City Council/RSA Agenda 246 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Business License Tax (Effective January 1st)
Administrative/General Offices1
$0.50/ $1,000 gross payroll
$132 minimum
$0.50/ $1,000 gross payroll
$139 minimum
5.2% CPI Increase
on minimum only
1 Grandfathered fee- applies to existing business, no new license will be issued Advertising:
Billboards $13/ panel $14/ panel 5.2% CPI Increase
Signs on Buses/Posts $218/ quarter $229/ quarter 5.2% CPI Increase Handbills, Samples, Stickers $47/ day or $93/ person/ quarter $49/ day or $98/ person/ quarter 5.2% CPI Increase Searchlights $35/ week $37/ week 5.2% CPI Increase
Display Ad - Vehicle $94/ month $99/ month 5.2% CPI Increase Display Ad - Aircraft $129/ month $136/ month 5.2% CPI Increase Auctions $159/ first day + $67 each additional $167/ first day + $70 each additional 5.2% CPI Increase Billiard/Pool Tables $97/ table $102/ table 5.2% CPI Increase Bingo $97/ year $102/ year 5.2% CPI Increase
Canvas/Soliciting $159/ person/ quarter $167/ person/ quarter 5.2% CPI Increase Carnival/Circus $1,286/ first day plus $641 each additional $1,353/ first day plus $674 each additional 5.2% CPI Increase Christmas Tree/Holiday Lots per month $198 $209 5.2% CPI Increase Club/Sales per year $641 $674 5.2% CPI Increase
Contractor-General (1 - 4 employees) per year $324 $340 Contractor-General (5 - 10 employees) per year $487 $512 5.2% CPI Increase Contractor-General over 10 employees $487/ year plus $4.80 each over 10 employees $512/ year plus $5.00 each over 10 employees Contractor-Sub (1 - 4 employees) per year $159 $167
Contractor-Sub (5 - 10 employees) per year $238 $250 5.2% CPI Increase Contractor-Sub over 10 employees $238/ year plus $2.10 each over 10 employees $250/ year plus $2.20 each over 10 employees Delivery/Catering Trucks per year per vehicle $265 $279 5.2% CPI Increase Directories-Classified per year $218 $229 5.2% CPI Increase Entertainment (over 500 seats/stalls) per year $1,286 $1,353 5.2% CPI Increase Entertainment (under 500 seats/stalls) per year $641 $674 5.2% CPI Increase Exempt $25 $25 No Change
Fireworks per month $159 $167 5.2% CPI Increase
Home Occupation per year $159 $167 5.2% CPI Increase
Hotels/Motels $0.86/ $1,000 gross receipts; $132 minimum $0.86/ $1,000 gross receipts; $139 minimum 5.2% CPI Increase on minimum only
Import/Export $0.43/ $1,000 gross payroll; $132 minimum $0.43/ $1,000 gross payroll; $139 minimum 5.2% CPI Increase on minimum only
Leasing, Commercial $0.86/ $1,000 gross receipts; $132 minimum $0.86/ $1,000 gross receipts; $139 minimum 5.2% CPI Increase on minimum only
Manufacturing $0.43/ $1,000 gross payroll; $132 minimum $0.43/ $1,000 gross payroll; $139 minimum 5.2% CPI Increase on minimum only
Mobile Home Parks $583/ year + $31 per space $613/ year + $33 per space 5.2% CPI Increase Pawnbrokers per year $2,562 $2,695 5.2% CPI Increase
Produce Stands (temporary) fee per Day $9 $10 5.2% CPI Increase Professional Services per year $265 $279 5.2% CPI Increase Professional Services-CRS Contract Instructors, per Year Annual Income Less than $2,000 No Tax No Tax No Change
Annual Income between $2,001 and $5,000 $32 $33 5.2% CPI Increase Annual Income between $5,001 and $10,000 $63 $67 5.2% CPI Increase Annual Income greater than $10,000 $127 $133 5.2% CPI Increase Public Dancing $198/ quarter or $117/ day $209/ quarter or $124/ day 5.2% CPI Increase Public Utilities per year $641 $674 5.2% CPI Increase
Recreation Parlor/Rink per year $641 $674 5.2% CPI Increase
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Finance
Finance Page 18 of 44
City Council/RSA Agenda 247 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Finance
Rental, Residential/ Apartments $154/ first 4 units + $13 each additional $162/ first 4 units + $13 each additional 5.2% CPI Increase Retail, Firearms $0.43/ $1,000 gross receipts; $132 minimum $0.43/ $1,000 gross receipts; $139 minimum 5.2% CPI Increase on minimum only
Retail, Sales $0.43/ $1,000 gross receipts; $132 minimum $0.43/ $1,000 gross receipts; $139 minimum 5.2% CPI Increase on minimum only
Street Musicians $37/ person/ day $38/ person/ day 5.2% CPI Increase Tool Sharpener $67/ person/ quarter $70/ person/ quarter 5.2% CPI Increase Towing per year $324 $340 5.2% CPI Increase
Transportation, Public per vehicle $196 $206 5.2% CPI Increase Vehicle Parking Lots $10 per stall; $33 minimum $10 per stall; $34 minimum 5.2% CPI Increase Vending/Video Machines per machine $35 $37 5.2% CPI Increase Vending/Video Machines, Exclusive 1/4 of 1.30% of gross receipts 1/4 of 1.30% of gross receipts No Change Warehouse/Distribution $0.43/ $1,000 gross payroll; $132 minimum $0.43/ $1,000 gross payroll; $139 minimum 5.2% CPI Increase on minimum only
Wholesale $0.43/ $1,000 gross payroll; $132 minimum $0.43/ $1,000 gross payroll; $139 minimum 5.2% CPI Increase on minimum only
Wrecking/Salvage per year $1,286 $1,353 5.2% CPI Increase Business License Compliance Review Fee
$60 $63 5.2% CPI Increase
$30 $31 5.2% CPI Increase
$12 $13 5.2% CPI Increase
Misc.-Business License Change Fee $39 $41 5.2% CPI Increase Misc.-Duplicate Business License Fee $39 $41 5.2% CPI Increase Business License Listing $1/page $1/page No Change
Transient Occupancy Tax 12.87% X gross receipts 13.54% X gross receipts 5.2% CPI Increase Tobacco Retail License Fee $863 $907 5.2% CPI Increase
Other Charges
Bad Check Fee $25 for first and $35 for second or more $25 for first and $35 for second or more No Change, Civil Code 1719
Returned ACH Deposit Fee $5 $5 No Change
Administrative Fee 10% 10% No Change
Credit Card/ Convenience Fee* 2.25% for transactions over $2,500 2.25% for transactions over $2,500 No Change *In no instance should a transaction be broken into segments to avoid fee Budget
Prelim or Final per hardcopy $39 $41 5.2% CPI Increase
CD Disk per disk $1/ disk $1/ disk No Change
Web Access Free Free No Change
Annual Financial Report
Hard Copy $33/ copy $34/ copy 5.2% CPI Increase
Web Access Free Free No Change
Master Fee Resolution $16/ copy $16/ copy No Change
Subpoena
Employee Earnings Record Actual cost (labor, benefits & overhead)/ $30 deposit Actual cost (labor, benefits & overhead)/ $30 deposit No Change Miscellaneous Actual cost (labor, benefits & overhead)/ $25 deposit Actual cost (labor, benefits & overhead)/ $25 deposit No Change Payroll Garnishment of Employee's Salary & Wage and Other Payroll Related Fees Implementation Fee $21 $22 5.2% CPI Increase
Additional Fee $1/ check $1/ check No Change
Paystub Copy $6 each $7 each 5.2% CPI Increase
Duplicate W-2 $5 $5 No Change
Out-of-Town Businesses and In-Town Home Occupation
Out-of-Town General Contractors, Sub-Contractors, and
Residential Rentals
In-Town Businesses (Commercial location)
Finance Page 19 of 44
City Council/RSA Agenda 248 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Miscellaneous Services
1 Candidate Filing Fee 1 $25 $25 No Change,
Govt Code 10228
2 Certificate of Residency/Proof of Living $16 $16 No Change 3 Compact Disc/DVD $57 $60 5.2% CPI Increase
4 Document Certification $19 $20 5.2% CPI Increase
5 Municipal Code Actual amount invoiced by vendor Actual amount invoiced by vendor No Change 6 Municipal Code Supplements Actual amount invoiced by vendor Actual amount invoiced by vendor No Change 7 Notary services $15 per signature $15 per signature No Change, Govt Code 8211 & 8223
8 Notice of Intent to Circulate Petition 1$200 $200 No Change 9 Photo Copy Fee-Fair Political Practices 1$0.10 per page $0.10 per page No Change 10 8.5" X 11" black and white- fee per page
First 10 pages $0.52 $0.55 5.2% CPI Increase
Thereafter, same document $0.10 $0.11 5.2% CPI Increase
8.5" X 11" color- fee per page $0.78 $0.82 5.2% CPI Increase 11" X 17" black and white- fee per page
First 10 pages $1.05 $1.10 5.2% CPI Increase
Thereafter, same document $0.21 $0.22 5.2% CPI Increase 11" X 17" color- fee per page $1.57 $1.65 5.2% CPI Increase 11 Private Subscriptions (mailing and handling):
Council Agenda and Minutes $100/year $100/year No Change Commission Agenda and Minutes $100/year $100/year No Change 1 Fee set by State or Federal Government Ca Elec Code Sec. 10228 Photocopying of Public Records:
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
City Clerk
City Clerk Page 20 of 44
City Council/RSA Agenda 249 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Commercial Cannabis Application
1 Preliminary determination of eligibility
1a Eligibility Review $3,979 $3,979 No Change
1b Criminal History Check/Live Scan Fee $174 $174 No Change 1c Background Review $300 $300 No Change
1d Zoning Verification Letter- Cannabis only $295 $310 5.2% CPI Increase 2 Evaluation and ranking by consultant team $1,581 $1,581 No Change 3 $1,568 $1,568 No Change
4 City Manager evaluation and recommendation $2,030 $2,030 No Change Public Parking Fees
1 City Parking Lot 1- Decoto Rd and 11th St $1 per hour or $6.00 per day* $1 per hour or $6.00 per day* No Change, Reso 5634-20 (West of 11th St)
2 City Parking Lot 2- Decoto Rd and 11th St $1 per hour or $6.00 per day* $1 per hour or $6.00 per day* No Change, Reso 5634-20 (East of 11th St)
3 3-month parking permit - City Parking Lot 2, $240 per quarter $240 per quarter No Change, Reso 5634-20 Meyers Drive, portion of 12th Street,
portion of J Street, portion of Alvarado-Niles Road
4 Station Center Garage
4a Entrance off Cheeves Way (first three floors) $1 per hour or $6.00 per day* $1 per hour or $6.00 per day* No Change, Reso 5634-20 4b 3-month parking permit - Station Center Garage $240 per quarter $240 per quarter No Change, Reso 5634-20 Residents and Retail Tenants of Station Center only
5 Union Square, Berger Way, a portion of Cheeves $1 per hour or $6.00 per day* $1 per hour or $6.00 per day* No Change, Reso 5634-20 Way and a portion of 11th Street
* Monday through Friday 8:00 AM TO 6:00 PM
* No coins
Filming Permit
1 Film permit applications- per day $127 $134 5.2% CPI Increase 2 Film permit- Expedited (3-5 days) excludes large production $254 $267 5.2% CPI Increase 3 Film permit- TV series, movies, feature films, pilots- per day $178 $187 5.2% CPI Increase
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Evaluation and ranking by City Selection Committee
City Manager
City Manager Page 21 of 44
City Council/RSA Agenda 250 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
Building
$130 minimum (permit fee + issuance fee) $130 minimum (permit fee + issuance fee) No Change 1 $54 $54 No Change
2 $501 - $2,000 $54 for the first $500 + $7 per additional $100 or fraction thereof, to and including $2,000
$54 for the first $500 + $7 per additional $100 or fraction thereof, to and including $2,000 No Change
3 $2,001 - $25,000 $163 for the first $2,000 + $37 per additional $1,000 or fraction thereof, to and including $25,000
$163 for the first $2,000 + $37 per additional $1,000 or fraction thereof, to and including $25,000 No Change
4 $25,001 - $50,000 $1,008 for the first $25,000 + $25 per additional $1,000 or fraction thereof, to and including $50,000
$1,008 for the first $25,000 + $25 per additional $1,000 or fraction thereof, to and including $50,000 No Change
5 $50,001 - $100,000 $1,636 for the first $50,000 + $18 per additional $1,000 or fraction thereof, to and including $100,000
$1,636 for the first $50,000 + $18 per additional $1,000 or fraction thereof, to and including $100,000 No Change
6 $100,001 - $500,000 $2,530 for the first $100,000 + $12 per additional $1,000 or fraction thereof, to and including $500,000
$2,530 for the first $100,000 + $12 per additional $1,000 or fraction thereof, to and including $500,000 No Change 7 $500,001 - $1,000,000 $7,494 for the first $500,000 + $11 per additional $1,000 or fraction thereof, to and including $1,000,000
$7,494 for the first $500,000 + $11 per additional $1,000 or fraction thereof, to and including $1,000,000 No Change 8 $1,000,001 and up $12,835 for the first $1,000,000 + $7 per additional $1,000 or fraction thereof
$12,835 for the first $1,000,000 + $7 per additional $1,000 or fraction thereof
No Change
9 Building Permit Issuance Fee $99 $99 No Change
10 Mechanical, Electrical & Plumbing Permit Issuance Fee $99 $99 No Change 11 Fire Permit Issuance Fee $105 $111 5.2% CPI Increase Building Inspection Fees
1 Site Visits per Inspection $189 $199 5.2% CPI Increase 2 Re-Inspection per Hour- 1hr minimum $189 $199 5.2% CPI Increase 3 Saturday and Off Friday per Hour- 1hr minimum $286 $301 5.2% CPI Increase 4 Sunday per Hour- 1hr minimum $380 $400 5.2% CPI Increase Fire Plan Check and Fire Inspection Fees
1 Fire Plan Check per Hour- 1/2hr minimum $168 $177 5.2% CPI Increase 2 After Hours Fire Plan Check per Hour- 2hr minimum $253 $267 5.2% CPI Increase 3 Fire Construction Inspection per Inspection $168 $177 5.2% CPI Increase 4 After Hours Fire Inspection per Hour- 2hr minimum $253 $267 5.2% CPI Increase Other Fees
1 All Permits: Building Standards Fee
$1 ($1-25K), $2 ($25K - $50K), $3 ($50K - $75K), $4 ($75K - $100K), add $1 for every $25K or fraction thereof above $100K Permit Valuation
$1 ($1-25K), $2 ($25K - $50K), $3 ($50K - $75K), $4 ($75K - $100K), add $1 for every $25K or fraction thereof above $100K Permit Valuation
No Change
2 All Permits: General Plan Cost Recovery Fee $1 per $1,000 Valuation $1 per $1,000 Valuation No Change, Reso 2199-02 3 All Building Permits: SMIP Fee .01% of Valuation .01% of Valuation No Change 4 Plan Check 100% of Building Permit Fee 100% of Building Permit Fee No Change 5 Hourly Plan Check Fee $192 $192 No Change
6 $192 $192 No Change
7 Minimum Permit Fees: $189 $189 No Change
8 $295 $295 No Change
Electrical Permit Fees - Per Unit
1 Power Apparatus 0 - 1 HP, KW, KVA $8.76 $8.76 No Change 2 Power Apparatus 2 - 10 HP, KW, KVA $14.60 $14.60 No Change 3 Power Apparatus 11 - 50 HP, KW, KVA $32.12 $32.12 No Change 4 Power Apparatus 51 - 100 HP, KW, KVA $64.23 $64.23 No Change 5 Power Apparatus 101 + HP, KW, KVA $96.35 $96.35 No Change 6 $2.43 $2.43 No Change
7 $2.43 $2.43 No Change
8 New Circuits - Appliances $8.76 $8.76 No Change
9 New Circuits - Fixed Residence/Non-Residence $8.76 $8.76 No Change 10 New Circuits - Temporary Power Pole $29.20 $29.20 No Change 11 New Circuits - Sign $32.12 $32.12 No Change
12 New Circuits - Tube Outline (sign) $32.12 $32.12 No Change 13 600 volts or less; not > 200 Amps $43.79 $43.79 No Change 14 600 volts or less; 200 - 1000 Amps $87.59 $87.59 No Change 15 > 600 volts or > 1000 Amps $145.98 $145.98 No Change 16 Misc. Apparatus, Conduit Conductors $23.36 $23.36 No Change 17 Electrical "clean-up" (minimum) $43.79 $43.79 No Change 18 New/Addition to SFD and Duplex (per sq. ft.) $0.11 $0.11 No Change 19 New/Addition to MFD (per sq. ft.) $0.10 $0.10 No Change 20 Private Swimming Pool (residential) $64.23 $64.23 No Change 21 Spa $64.23 $64.23 No Change
New/Additions to Existing Circuits - Outlets and Switches New/Additions to Existing Circuits - Fixtures and Receptacles
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
$1 - $500
Building and Fire Permit Fees
Hourly Mechanical, Electrical, and Plumbing Plan Check Fee Permit Processing Fee
Community Development Page 22 of 44
City Council/RSA Agenda 251 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Mechanical Permit Fees - Per Unit
1 FAU < 100,000 BTU $23.36 $23.36 No Change
2 Wall Heater < 100,000 BTU $23.36 $23.36 No Change
3 Space Heater < 100,000 BTU $23.36 $23.36 No Change
4 FAU > 100,000 BTU $29.20 $29.20 No Change
5 Wall Heater > 100,000 BTU $29.20 $29.20 No Change
6 Space Heater > 100,000 BTU $29.20 $29.20 No Change
7 Other Heating Appliance > 100,000 BTU $29.20 $29.20 No Change 8 Repair, Alter Heat, or Cool Unit $23.36 $23.36 No Change 9 Boiler/Compressor (<100K BTU) $23.36 $23.36 No Change 10 Boiler/Compressor (>100K - 500K BTU) $35.04 $35.04 No Change 11 Boiler/Compressor (>500K - 1000K BTU) $46.71 $46.71 No Change 12 Air Handling Unit < 10K CFM $23.36 $23.36 No Change
13 Air Handling Unit > 10K CFM $29.20 $29.20 No Change
14 Flue or Vent $14.60 $14.60 No Change
15 Hood $20.44 $20.44 No Change
16 Fan or Blower (not part of A/C or furnace) $20.44 $20.44 No Change 17 Vent System (not part of A/C or furnace) $20.44 $20.44 No Change 18 Miscellaneous Appliance $20.44 $20.44 No Change
19 Incinerator - Domestic $29.20 $29.20 No Change
20 Incinerator - Commercial $23.36 $23.36 No Change
Plumbing Permit Fees - Per Unit
1 Plumbing Fixtures (or set) on One Trap * $20.44 $20.44 No Change 2 Building Sewer or Trailer Sewer $35.04 $35.04 No Change 3 Rainwater Systems (per drain inside buildings) $20.44 $20.44 No Change 4 $27.24 $27.24 No Change
5 $35.04 $35.04 No Change
6 Private Swimming Pool $87.59 $87.59 No Change
7 Grease/sand Interceptor $32.12 $32.12 No Change
8 Water Heater and Vent $27.24 $27.24 No Change
9 Gas Piping System: 1 - 5 Outlets (each) $13.65 $13.65 No Change 10 Gas Piping System: Additional Outlet > 5 (each) $2.43 $2.43 No Change 11 All Permits with Plan Checks: Plan Storage Fee 2% of Permit Fee 2% of Permit Fee No Change Solar Photovoltaic Permits
12 Multi-Family and Commercial Project
12a Projects under 35kW * $608 $608 No Change
12b Projects 35kW - 50kW * $1,000 $1,000 No Change
12c Projects 51kW - 250kW * $1,822 $1,822 No Change
12d Projects 251kW - 500kW * $2,429 $2,429 No Change
12e Projects over 500kW * $3,643 $3,643 No Change
* Additional Plan Check and Inspection Fees may apply.
13 $400 for the first 15kW and $5 per kW above 15kW $295 for the first 15kW and $5 per kW above 15kW Per Govt Code 66015 max $450+(xx - 750)* $15
14 Certificate of Occupancy $128 $134 5.2% CPI Increase 15 $905 $952 5.2% CPI Increase
16 $189 $199 5.2% CPI Increase
17 $189 $199 5.2% CPI Increase
18 Notice of Intent to Install Interior Rough Frame $119 $125 5.2% CPI Increase 19 Request for Architect's Approval to Duplicate Plans $31 $33 5.2% CPI Increase 20 $31 Process Fee + $13.67/page $33 Process Fee + $14.38/page 5.2% CPI Increase 21 $34 $35 5.2% CPI Increase
22 Building Permit Re-printing Fee $16 $17 5.2% CPI Increase 23 Faxed and Mail In Fee per Permit $31 $33 5.2% CPI Increase 24 Landscape Plan Check Fee
Time and Materials. established list of outside consultants to provide plan check services for the review of landscape and irrigation plans for larger development projects
Time and Materials. established list of outside consultants to provide plan check services for the review of landscape and irrigation plans for larger development projects
No Change
Technology Fee 2% of all building permits 2% of all building permits No Change Request for use of alternate material, design, or method of construction Request for Plan Retrieval
Mailing/Shipping Fee
Blueprint Xeroxing
Request for Unreasonable Hardship
Backflow Protective Device (other than atmospheric-type vacuum breakers): 2" or Less
Backflow Protective Device (other than atmospheric-type vacuum breakers): > 2"
Solar Photovoltaic Permit Fee-Residential Project Only 1 Community Development Page 23 of 44
City Council/RSA Agenda 252 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Planning
Preliminary Review
$1,500 $1,578 5.2% CPI Increase
$523 $550 5.2% CPI Increase
Site Development Review
1 Administrative Site Development Review
1a $2,378 $2,502 5.2% CPI Increase
1b $3,751 $3,946 5.2% CPI Increase
1c Residential Project - Planning Commission Review
$1,647 (in addition to ASD base fee for residential
projects)
New: added additional fee to be
more cost recovery for
residential ASD projects that are
referred up to the Planning
Commission due to special
circumstances or public
interest. This fee is in addition to
the base fee included in 1a and
1b above.
1d Commercial/Industrial Project $3,476 $5,658
Updated to be more cost
recovery based on analysis of
recent projects
1e Commercial/Industrial Project - Planning Commission Review $2,296 (in addition to ASD base fee for
commercial/industrial projects)
New: added additional fee to be
more cost recovery to address
commercial ASD projects that
are referred up to the Planning
Commission due to special
circumstances or public
interest. This fee is in addition to
the base fee included in 1d
above.
2 $20,000 $20,000 No Change
User Permit
3 $2,378 $2,502 5.2% CPI Increase
4 $4,025 $4,234 5.2% CPI Increase
Subdivision
5 Tentative Parcel Map $10,000 $10,000 No Change
6 Tentative Tract Map (including condominiums) $20,000 $20,000 No Change Amendments
7 Zoning, Text Amendment $10,000 $10,000 No Change
8 Zoning, Map Amendment $10,000 $10,000 No Change
9 General Plan Amendment $20,000 $20,000 No Change
10 Variance $2,029 $2,135 5.2% CPI Increase
11 Specific Plan Amendments $20,000 $20,000 No Change
Environmental Review
12 CEQA Exemption $366 $385 5.2% CPI Increase
13 Negative Declaration, Unmitigated Consultant cost + 64% Consultant cost + 64% No Change 14 Negative Declaration, Mitigated Consultant cost + 64% Consultant cost + 64% No Change 15 Environmental Impact Report Consultant cost + 64% Consultant cost + 64% No Change 16 Environmental Review, In-House At cost At cost No Change 17 Consultant cost + 64% Consultant cost + 64% No Change 18 $2,480.25 + $50 County Clerk Filing Fee $2,548.00 + $50 County Clerk Filing Fee Set by CDFW Eff. 01/01/2022
19 $3,445.25 + $50 County Clerk Filing Fee $3,539.25 + $50 County Clerk Filing Fee Set by CDFW Eff. 01/01/2022
Extensions
20 Extension - Administrative (ASD, AUP) $153 $161 5.2% CPI Increase 21 Extension - Discretionary (SDR, UP, VAR) $458 $482 5.2% CPI Increase 22 Extension - Sign Amortization Period $153 $161 5.2% CPI Increase Small Residential Project (e.g. second-story additions, balcony, or accessory structures)
CEQA Filing for Environmental Impact Report (EIR),
Payable to “Alameda County Clerk”
CEQA Filing for Negative Declaration (ND) and Mitigated ND (MND), Payable to “Alameda County Clerk”
Preliminary Review for new single-family unit or second-story addition to single-family unit, and administrative use permits
Preliminary Review
Large Residential Project (e.g. new single-family unit) Site Development Review
Administrative Use Permit
Use Permit
Technical Studies (Cultural Resources, Air Quality / Odors, Traffic, Phase 1 / Phase 2 Environmental Site Assessment, Arborist, etc.) Community Development Page 24 of 44
City Council/RSA Agenda 253 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Others
23 Development Agreement Consultant cost + 64% (including legal) Consultant cost + 64% (including legal) No Change 24 Staff Planner Hourly Review $183 $192 5.2% CPI Increase 25 Planning Inspection, per Inspection $366 $385 5.2% CPI Increase 26 Zoning Compliance Review for Business Licenses
26a Residential Districts $52 $55 5.2% CPI Increase
26b Non-Residential Districts $78 $82 5.2% CPI Increase 26c Zoning Administrator Written Interpretation $1,092 $1,149 5.2% CPI Increase 27 $945 $945 No Change
28 Modifications Base fee without acreage calculation Base fee without acreage calculation No Change 29 Mailing List Preparation $152 $160 5.2% CPI Increase 30 20% Discount 20% Discount No Change
Documents
31 Street Map $2.79 $2.94 5.2% CPI Increase
32 Aerial Map $2.79 $2.94 5.2% CPI Increase
33 Blue Prints $2.93 $3.09 5.2% CPI Increase
34 Seismic Zones Map $8.38 $8.82 5.2% CPI Increase
35 Zoning Verification Letter Fee $457 + $91 for each related parcel/APN $481 + $96 for each related parcel/APN 5.2% CPI Increase 36 Zoning Verification Letter Fee - Cannabis only2 $294 $310 5.2% CPI Increase 37 Photocopying
8.5" X 11" black and white- fee per page
First 10 pages $0.52 $0.55 5.2% CPI Increase
Thereafter, same document $0.10 $0.11 5.2% CPI Increase
8.5" X 11" color- fee per page $0.78 $0.82 5.2% CPI Increase 11" X 17" black and white- fee per page
First 10 pages $1.05 $1.10 5.2% CPI Increase
Thereafter, same document $0.21 $0.22 5.2% CPI Increase 11" X 17" color- fee per page $1.57 $1.65 5.2% CPI Increase Neighborhood Preservation
1 $39 $41 5.2% CPI Increase
2 Abandoned Vehicle Tow $275 $275 No Change
3 Failed Inspection Fee: Initial Inspection $0 $0 No Change 4 Failed Inspection Fee: Re-inspection - No Violation $0 $0 No Change 5 Failed Inspection Fee: Re-inspection - Violation $291 $306 5.2% CPI Increase 6 $104 $110 5.2% CPI Increase
7 Same Violation within 12 months: Initial Inspection $466 $490 5.2% CPI Increase 8 $0 $0 No Change
9 Same Violation within 12 months: Each Re-inspection $102 $107 5.2% CPI Increase 10 $56 $56 No Change
11 Municipal Code Violation Penalty Fee: 1st Violation $150 $100 Updated for consistency with State Law, Govt Code 36900
12 Municipal Code Violation Penalty Fee: 2nd Violation $300 $200 Updated for consistency with State Law, Govt Code 36900
13 Municipal Code Violation Penalty Fee: 3rd Violation $600 $500 Updated for consistency with State Law, Govt Code 36900
14 Lien per parcel $170 $179 5.2% CPI Increase
Appeals
Senior (65 and older) Resident, for owner-occupied projects Failed Inspection Fee: Each Re-inspection until corrected Same Violation within 12 months: Re-inspection - No Violation Municipal Code Violation Penalty Fee: Administrative Fee Request for Administrative Hearing (non-refundable fee) * Fine to be paid in full upon request submittal
Community Development Page 25 of 44
City Council/RSA Agenda 254 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Development Fees- Citywide
Capital Facilities Fee
For residential construction only:
Single-family $12,231 $12,231 No Change
Single-family, secondary dwelling $8,624 $8,624 No Change Multi-family $8,624 $8,624 No Change
DIPSA Infrastructure Fee
For residential construction in DIPSA area only:
Single-family $12,613 $13,269 5.2% CPI Increase
Multi-family $7,469 $7,857 5.2% CPI Increase
Park-in-Lieu Fee
Residential subdivided property
Land Dedication:
Average # of persons per residential unit times 3 divided by 1,000= incremental acres required per residential unit.
Land Dedication:
Average # of persons per residential unit times 3 divided by 1,000 = incremental acres required per residential unit.
Park-In-Lieu Fee:
Land dedication per unit x appraised value x 1.2
(infrastructure load factor) = fee per residential unit.
Park-In-Lieu Fee:
Land dedication per unit x appraised value x 1.2
(infrastructure load factor) = fee per residential unit.
Park Facilities Fee
For residential non-subdivided property only, per unit $2,945 $3,098 5.2% CPI Increase Bedroom Tax
For residential non-subdivided property only:
1 Bedroom or less $280 $280 No Change
2 Bedrooms $455 $455 No Change
3 Bedrooms or more $630 $630 No Change
Fire Equipment Acquisition Fee
For all construction types:
Residential Projects $1.40 psf of occupiable space above 2nd story $1.40 psf of occupiable space above 2nd story No Change Industrial Buildings $.06 psf of roof area $.06 psf of roof area No Change Office, Professional, and Hotel Buildings $1.40 psf of occupiable space above 2nd story $1.40 psf of occupiable space above 2nd story No Change Public Art In-Lieu Fee
Private-Permit valuation over $50 million Negotiated between Developer and City Negotiated between Developer and City No Change Private- Permit valuation over $250,000
Must construct Public Art that is valued at .67% of building permit valuation and contribute .33% of building permit valuation to the City’s Public Art Fund or contribute 1% to the Public Art Fund.
Must construct Public Art that is valued at .67% of building permit valuation and contribute .33% of building permit valuation to the City’s Public Art Fund or contribute 1% to the Public Art Fund.
No Change
Public-Permit valuation over $250,000 N/A- must construct Public Art with a value equivalent to 1% of permit valuation.
N/A- must construct Public Art with a value equivalent to 1% of permit valuation.
No Change
Landscape In-Lieu Fee
$9.70 per square foot $9.70 per square foot No Change
Community Facilities District No. 2006-1
Single Family Residential $663 $676 2% Annual Increase
Duplex $465 $474 2% Annual Increase
Low Density Multi-Family Residential $325 $332 2% Annual Increase $253 $258 2% Annual Increase
Housing In-Lieu Fees
Base fee of $24,000 per unit in the Residential
Development. All units within the Residential Development with Habitable Space exceeding 1,000 square feet, shall pay an additional fee of $8 per square foot for all square footage of Habitable Space in excess of 1,000 square
feet.
Base fee of $24,000 per unit in the Residential
Development. All units within the Residential Development with Habitable Space exceeding 1,000 square feet, shall pay an additional fee of $8 per square foot for all square footage of Habitable Space in excess of 1,000 square
feet.
No Change
Large Project Optional In-Lieu Fee (seven units or more) $27 per square foot of all Habitable Space within the Residential Development.
$27 per square foot of all Habitable Space within the
Residential Development.
No Change
Affordable Housing Impact Fee
$25 per square foot of net new square footage of
Habitable Space in excess of 500 square feet.
$25 per square foot of net new square footage of
Habitable Space in excess of 500 square feet.
No Change
Residential additions where the net new square footage is greater than 500 square feet. Includes tear down/rebuilds.
High Density Multi-Family Residential
Small Project In-Lieu Fee (six units or less)
Requirement is 3 acres dedication per 1,000 new residents or In-Lieu Fee (Union City Municipal Code Section 17.30.030) For projects that do not provide the required amount of on-site landscaping
All new residential developments will be conditioned to be annexed into Community Facilities District No. 2006-1, which requires a Special Assessment Tax Levy payment along with annual property taxes No Change
Community Development Page 26 of 44
City Council/RSA Agenda 255 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Environmental Programs
Hazardous Materials Storage/Permit Fees
1 $295 $310 5.2% CPI Increase
2 $229 $241
5.2% CPI Increase
3 $202 $212 5.2% CPI Increase
4 $244 $257 5.2% CPI Increase
Annual Facility Inspection Fee - Special Hazards
5 Underground Storage Tank Program Fee $1,223 $1,286 5.2% CPI Increase 6 Industrial Storm Water Notice of Intent Program Fee $734 $772 5.2% CPI Increase 7 California Accidental Release Prevention Program Fee $4,588 $4,827 5.2% CPI Increase 8 $734 $772 5.2% CPI Increase
9 $1,629 $1,714 5.2% CPI Increase
10 $251 $264 5.2% CPI Increase
11 $201 $212 5.2% CPI Increase
12 Cost + 40% Overhead Cost + 40% Overhead No Change
Annual CUPA Permit Fees
13 Combustible Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 14 Compressed Gases $298 + range (below) $314 + range (below) 5.2% CPI Increase 15 Corrosive Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 16 Cryogenic Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 17 Explosive Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 18 Flammable Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 19 Hazardous Materials - Other Regulated Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 20 Highly Toxic Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 21 Oxidizing Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 22 Pyrophoric Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 23 Radioactive Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 24 Toxic Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 25 Unstable (Reactive) Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase 26 Water-Reactive Materials $298 + range (below) $314 + range (below) 5.2% CPI Increase Hazardous Waste Generator
27 Hazardous Waste Generator - CESQG Fee $349 $367 5.2% CPI Increase 28 Hazardous Waste Generator - SQG Fee $404 $425 5.2% CPI Increase 29 Hazardous Waste Generator - LQG Fee $839 $883 5.2% CPI Increase 30 Hazardous Waste Generator - LQG (>100 tons) Fee $1,243 $1,308 5.2% CPI Increase 31 $788 $829 5.2% CPI Increase
32 $295 $310 5.2% CPI Increase
State Surcharge
33 $270 $270 No Change,
Set by CalEPA
34 $20 $20 No Change,
Set by CalEPA
35 $84 $84 No Change,
Set by CalEPA
36 $26 $26 No Change,
Set by CalEPA
Hazardous Materials (CUPA) Annual Permit Fee Ranges:
37 Liquids
55 - 550 gallons $391 $412 5.2% CPI Increase
551 - 2,750 gallons $588 $619 5.2% CPI Increase
2,751 - 5,000 gallons $785 $826 5.2% CPI Increase
Greater than 5,000 gallons $979 $1,030 5.2% CPI Increase 38 Solids
501 - 5,000 pounds $391 $412 5.2% CPI Increase
5,001 - 25,000 pounds $588 $619 5.2% CPI Increase
25,001 - 50,000 pounds $785 $826 5.2% CPI Increase
Greater than 50,000 pounds $979 $1,030 5.2% CPI Increase 39 Gases
201 - 2,000 cubic feet $391 $412 5.2% CPI Increase
2,001 - 10,000 cubic feet $588 $619 5.2% CPI Increase
10,001 - 20,000 cubic feet $785 $826 5.2% CPI Increase
Greater than 20,000 cubic feet $979 $1,030 5.2% CPI Increase 40 Penalty on Delinquent Invoice Flat rate 25% of total invoice 60 days past due date Flat rate 25% of total invoice 60 days past due date No Change Closure and Special Field Inspection (per hour, 1 hour minimum) Contract Third-Party Document, Risk Management Plan or Other Review Onsite Hazardous Waste Treatment Fee (other tiers) (per hour, 1 hour minimum)
Underground Storage Tank Program State Surcharge (per tank) CalEPA Unified Program Oversight State Surcharge (per
business/facility)
Aboveground Petroleum Storage Act Program State Surcharge (per tank facility)
Onsite Hazardous Waste Treatment Fee (CA, CE, PBR)
CalARP Program Facility State Surcharge (per facility)
Plan Checking/Plan Reviewing (per hour, 1 hour minimum) Aboveground Petroleum Storage Act Program Fee (1,320-10,000 gallons)
Aboveground Petroleum Storage Act Program Fee (greater than 10,000 gallons)
Special Environmental Review or Facility Closure Document Review (per hour, 1 hour minimum)
Facility Reinspection Fee, to establish degree of compliance after three documented outreach efforts (per hour, 1 hour minimum)
Special CERS Assistance/CERS Review (per hour, 1 hour minimum) CERS Technology Fee
Community Development Page 27 of 44
City Council/RSA Agenda 256 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Economic and Community Development
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
Housing & Community Development
$642 $676 5.2% CPI Increase
$128 + Alameda County Recording Fees $134 + Alameda County Recording Fees 5.2% CPI Increase Below Market Rate (BMR) Home Resale $128 + Consultant Cost $134 + Consultant Cost 5.2% CPI Increase $10 $10 No Change
Rent Review Ordinance fee per Rental Unit per Year $17 $1 Reso 5825-21 1 Fee amount will not change to conform to Senate Bill 1222 - prohibits a city from charging permit fees for rooftop solar energy systems that exceed $400 for a system that produces 15kW or less, or $400 plus $5 for each kilowatt above 15kW 2 For complete Cannabis Application Fees, please refer to City Manager Dept Fee Schedule Residential Landlord and Tenant Relations Ordinance fee per Rental Unit per Year
Subordination: Below Market Rate Home (BMR)/ Rehabilitation Loan / First-time Home Buyer Loan
Reconveyance: Below Market Rate Home (BMR)/ Rehabilitation Loan/ First-time Home Buyer Loan
Community Development Page 28 of 44
City Council/RSA Agenda 257 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Police Department
Animal License
Animal License 1/ 2/ 3 years
Unsterilized $29/ $39 / $46 $29/ $39 / $46 No Change
Unsterilized with penalty $43/ $52/ $59 $43/ $52/ $59 No Change Sterilized $14/ $20/ $23 $14/ $20/ $23 No Change
Sterilized with penalty $27/ $33/ $37 $27/ $33/ $37 No Change Senior Citizen (60+) Pet License Discount 10% discount 10% discount No Change Change of owner, address, lost tag $11 $12 5.2% CPI Increase Exotic Animal Permit 1/ 2 years $98/ $151 $103/ $158 5.2% CPI Increase Exotic Animal Permit 1/ 2 years with penalty $143/ $194 $150/ $204 5.2% CPI Increase Animal Fancier's Permit 1/ 2/ 3 years* $122/ $153/ $184 $122/ $153/ $184 No Change Animal Fancier's Permit 1/ 2/ 3 years with penalty* $172/ $203/ $234 $172/ $203/ $234 No Change Annual Temporary Animal Fancier's Permit* $35 $35 No Change Sr. Citizen (60 +) Animal Fancier's Permit 1 year $22 $20 Align with Fremont Potentially Dangerous Dog License Annual Fee* $122 $122 No Change $172 $172 No Change
* Fee provides initial processing and one property inspection. Additional inspections or City services will be billed at actual cost of labor plus overhead and/or cost of materials involved in providing the service.
Police Miscellaneous Service Charges
1 Police Reports per report $14 $14
No Change,
Median Fee of other
Agencies
2 Photos $43/ set of 12 $45/ set of 12 5.2% CPI Increase 3 Clearance Letters $28 $30 5.2% CPI Increase
4 $59 with tape
$68 without tape as needed
$62 with tape
$71 without tape as needed 5.2% CPI Increase
5 Automated Reports per hour fee $117 $124 5.2% CPI Increase 6 Repossession (vehicle release) $15 $15 No Change,
Govt Code 26751
7 Tow Releases $209 $220 5.2% CPI Increase
8 Dance Permit $27 $28 5.2% CPI Increase
9 Alcohol Letter $27 $28 5.2% CPI Increase
10 Applicant Fingerprints $43 $45 5.2% CPI Increase
11 Special Events Actual cost of personnel and other police services Actual cost of personnel and other police services No Change 12 $121 $127 5.2% CPI Increase
13 Ammunition Disposal Fee per pound $10 $10 No Change, Penal Code 12021.3
14 Audio Tape Duplication Fee per tape $57 $60 5.2% CPI Increase 15 Video Tape Duplication Fee per tape $57 $60 5.2% CPI Increase 16 Compact Disk (CD) Duplication Fee per disk $57 $60 5.2% CPI Increase 17a Firearms Safekeeping/Storage Fee per firearm plus $230 $230 17b Firearms Safekeeping/Storage Fee per month $10 $10
18 Parking Permit $52 per household for up to 5 $55 per household for up to 5 5.2% CPI Increase 19 Parking Citation Fine $63 - $331/ citation (See Exhibit I) $63 - $331/ citation (See Exhibit I) 5.2% CPI Increase 20 Abandoned Vehicle Citation $278 (See Exhibit I) $278 (See Exhibit I) No Change 21 Corp Yard Impound Fee $350 $368 5.2% CPI Increase
22 Commercial Cannabis Application1
a Criminal History Check/Live Scan Fee $174 $174 No Change b Background Review $300 $300 No Change
Police Burglar Alarm Fees
Alarm Registration- initial registration and annual renewal $53 Initial Registration
$23 Annual Renewal
$56 Initial Registration
$24 Annual Renewal 5.2% CPI Increase
False Alarms: 1-2 occurrences $0 $0 No Change
False Alarms: 3rd, 4th & each subsequent (per occurrence) $76 $80 5.2% CPI Increase Massage Certificates/Permits
Operator Permit: Operator Permit and Renewals $884 $930 5.2% CPI Increase $0 $0 No Change
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
Potentially Dangerous Dog License Delinquency Fee*
Massage Technician Registration Certificate
TYPE OF FEE
Tape Dubbing
No Change,
Penal Code 12021.3
Police Services Hourly Rate (applicable to on-site security services, film permit review, etc.)
Police Department Page 29 of 44
City Council/RSA Agenda 258 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
FY 2021-22 FY 2022-23 (IF REVISED)
Police Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
TYPE OF FEE
1. Impounding Fees
Dogs & Cats $92 $92 No Change
Livestock (minimum fee) $50 $50 No Change
Non-specified animals (minimum fee) $12 $12 No Change
2. Feeding & Boarding per Day
Dogs & Cats $18 $18 No Change
Livestock (minimum fee)* $60 $60 No Change
Non-specified animals (minimum fee)* $12 $12 No Change
3. Special Services
Animals less than 80 lbs.
Dead, owned, picked-up by Animal Services
Unlicensed $88 $88 No Change
Licensed $76 $76 No Change
Unlicensed Cat $133 $133 No Change
Licensed Cat $121 $121 No Change
Unlicensed Dog $163 $163 No Change
Licensed Dog $151 $151 No Change
Animals over 80 lbs.:
Dead, owned, picked-up by Animal Services
Unlicensed $103 $103 No Change
Licensed $91 $91 No Change
Live, owned, picked-up by Animal Services
Unlicensed $193 $193 No Change
Licensed $181 $181 No Change
Transportation only, during normal operating hrs.
Unlicensed $84 $84 No Change
Licensed $72 $72 No Change
Non-specified animals $72 $72 No Change
Disposal of dead, brought to shelter
Under 80 lbs. $28 $28 No Change
80 lbs. and over $38 $38 No Change
Veterinary Hospital pick-up and disposal
1 to 5 animals $92 $92 No Change
Each additional animal $4 $4 No Change
Monthly charge without limit $200 $200 No Change
$126 $126 No Change
Home quarantine inspection
Unlicensed $132 $132 No Change
Licensed $120 $120 No Change
Administrative Citation for Police Violations
Municipal Code Violation Penalty
1st Violation $100 $100 No Change
2nd Violation $200 $200 No Change
3rd Violation $500 $500 No Change
1 For complete Cannabis Application Fees, please refer to City Manager Dept Fee Schedule * Fees listed are the minimum charge. Actual fees will be computed at the cost of labor plus overhead and/or cost of materials involved in providing the services.
Preparation of owned biting animal for fluorescent rabies antibody test by Alameda County Health Department
Live, owned, picked-up by Animal Services for euthanasia (including litters)
For Information Only - Fees Paid to Tri-City Animal Shelter for Services to Union City Police Department Page 30 of 44
City Council/RSA Agenda 259 Tuesday, May 24, 2022
Exhibit I
ADOPTED FEE PROPOSED FEE Justification
Violation Description UCMC CVC FY 2021-22 FY 2022-23 (If Revised) Within Parkway 10.36.030 $101 $106 5.2% CPI Increase
On Traffic Island 10.36.050A $101 $106 5.2% CPI Increase Posted No Parking 10.36.050C $101 $106 5.2% CPI Increase Hazardous 10.36.050F $97 $102 5.2% CPI Increase
Street Sweep/Repair Posted 10.36.050G $97 $102 5.2% CPI Increase 20' of Signal/Stop Sign 10.36.050J $97 $102 5.2% CPI Increase Niles Canyon 10.36.050K $97 $102 5.2% CPI Increase
Vehicle Storage On Road 10.36.060 $97 $102 5.2% CPI Increase For Display 10.36.070 $97 $102 5.2% CPI Increase
For Repairing Vehicle 10.36.080 $97 $102 5.2% CPI Increase For Wash/Polish Vehicle 10.36.090 $97 $102 5.2% CPI Increase Adjacent to School 10.36.100B $97 $102 5.2% CPI Increase On Narrow Street 10.36.110B $97 $102 5.2% CPI Increase
Vend Within 1000' of School 10.36.130 $97 $102 5.2% CPI Increase Vehicle For Hire Permit 10.36.150 $97 $102 5.2% CPI Increase Emergency 10.36.170B $97 $102 5.2% CPI Increase
On Side Yard Setbacks 10.36.190 $97 $102 5.2% CPI Increase Vehicle Over 20' Long 10.36.195 $97 $102 5.2% CPI Increase Commercial Vehicle 6000+ 10.36.196 $97 $102 5.2% CPI Increase Green Curb - 24 Minute 10.36.200 $97 $102 5.2% CPI Increase Forty Minute Limit 10.36.210 $97 $102 5.2% CPI Increase One Hour Limit 10.36.220 $97 $102 5.2% CPI Increase
Two Hour Limit 10.36.230 $97 $102 5.2% CPI Increase
Four Hour Limit 10.36.240 $97 $102 5.2% CPI Increase
Diagonal 10.36.290 $97 $102 5.2% CPI Increase
Contrary to Markings 10.36.300 $97 $102 5.2% CPI Increase In No Stopping Zone 10.36.310 $97 $102 5.2% CPI Increase 10,000+ in Residential Area 10.36.320 $97 $102 5.2% CPI Increase Heavy Trucks 10.36.330 $97 $102 5.2% CPI Increase
Off Truck Route 10.36.340 $97 $102 5.2% CPI Increase
Red Curb 10.36.390A $97 $102 5.2% CPI Increase
Yellow Curb 10.36.390B $97 $102 5.2% CPI Increase
White Curb 10.36.390C $97 $102 5.2% CPI Increase
Standing in Alley 10.36.460 $97 $102 5.2% CPI Increase
Permit Required 10.38.020 $97 $102 5.2% CPI Increase
All Other Non-Specified Parking $97 $102 5.2% CPI Increase Exhibit I
City of Union City
Police Department and Public Works
Parking Citation Fines
PD and PW-Exhibit I Page 31 of 44
City Council/RSA Agenda 260 Tuesday, May 24, 2022
Exhibit I
ADOPTED FEE PROPOSED FEE Justification
Violation Description UCMC CVC FY 2021-22 FY 2022-23 (If Revised) Exhibit I
City of Union City
Police Department and Public Works
Parking Citation Fines
Expired Registration 4000(a) $82 $82 No Change
Evidence of Reg. for Incorrect Vehicle 4462(b) $82 $82 No Change No Front Plate 5200(a) $82 $82 No Change
No Rear Plate 5200(b) $82 $82 No Change
License Plate Securely Attached 5201(a) $82 $82 No Change License Plate cover 5201(b) $82 $82 No Change
License Shield , Case, Frame Border 5201(c) $82 $82 No Change No plates affixed to vehicle 5202(a) $82 $82 No Change
Registration Tab ($10 if corrected - CVC 40225c) 5204 $82 $82 No Change On Public Grounds 21113 $63 $63 No Change
Blocking Crosswalk or Sidewalk 21970 $82 $82 No Change
In Intersection 22500a $63 $63 No Change
In Crosswalk 10.36.050I 22500b $63 $63 No Change
In Safety Zone 10.36.050H 22500c $63 $63 No Change
Fire Station Driveway 22500d $63 $63 No Change
Block Driveway 22500e $63 $63 No Change
On Sidewalk 22500f $63 $63 No Change
Excavation Site 22500g $63 $63 No Change
Double 22500h $63 $63 No Change
In Bus Zone 22500i $283 $283 No Change
Bridge 22500k $63 $63 No Change
Block Wheelchair Curb Cut 22500l $283 $283 No Change
In Fire Lane 22500.1 $63 $63 No Change
Motorcycle/More Than 18" from Curb 22502a $63 $63 No Change Wrong Way 22502b $63 $63 No Change
On One Way Street 22502e $63 $63 No Change
In Handicapped Zone 22507.8 $311 $311 No Change
On Grades 10.36.120 22509 $63 $63 No Change
Block Fire Hydrant 22514 $63 $63 No Change
Parking Brake/Unattended Vehicle 22515 $63 $63 No Change Person Locked in Vehicle 22516 $63 $63 No Change
Open Door Into Traffic 22517 $63 $63 No Change
On Freeway 22520 $63 $63 No Change
On/Near Railroad Tracks 10.36.50E 22521 $63 $63 No Change Block Wheelchair Ramp 22522 $283 $283 No Change
Abandoned Vehicle 22523 $278 $278 No Change
Block Intersection 22526a $63 $63 No Change
Equipment Violation ($10 if corrected - CVC 40225c) 24600 $82 $82 No Change Cracked Windshield 26710 $76 $76 No Change
On Private Road 211075 $63 $63 No Change
PD and PW-Exhibit I Page 32 of 44
City Council/RSA Agenda 261 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
TYPE OF FEE FY 2021-22 FY 2022-23 (IF REVISED)
Resources Fees
Standby (One engine for permitted activity) per Hour $388 $409 5.2% CPI Increase Fire Watch per Hour per Person $94 $99 5.2% CPI Increase Permit, Plan Review and Inspection Fees
$1.31 $1.38 5.2% CPI Increase
$3.46 $3.64 5.2% CPI Increase
Fire Construction/Modification Permits
Plan Review Fees per Hour $168 $177 5.2% CPI Increase
Fire Inspection Fees per Inspection $230 $242 5.2% CPI Increase 3rd Party Plan Reviewer Actual cost + 40% overhead Actual cost + 40% overhead No Change Special Inspector Actual cost + 40% overhead Actual cost + 40% overhead No Change After Hours Plan Review per Hour, 2 hours minimum $168 $177 5.2% CPI Increase After Hours Inspection per Hour, 2 hours minimum $299 $314 5.2% CPI Increase $168 $177 5.2% CPI Increase
Fireworks Permit $79 $83 5.2% CPI Increase
Inspection and/or Plan Review Fees For Activity Permits Retail Fireworks Sales of Safe & Sane Fireworks As calculated per fireworks regulations As calculated per fireworks regulations No Change Christmas Tree Lots/Sale Areas at Retail $335 $353 5.2% CPI Increase Field Inspection (Filming) per Hour $102 $107 5.2% CPI Increase Fire Permit Application (Filming) $299 $314 5.2% CPI Increase Operational Fire Code Permits $299 $314 5.2% CPI Increase Confined Space Permit $299 $314 5.2% CPI Increase
Christmas Tree Flocking $299 $314 5.2% CPI Increase
Fire Department Inspections
Fire Inspections - Commercial & Industrial
1,500 sq. feet or less $74 $78 5.2% CPI Increase
1,501 - 2,500 sq. feet $149 $157 5.2% CPI Increase
2,502 - 5,000 sq. feet $300 $316 5.2% CPI Increase
5,001 sq. feet or greater $627 $659 5.2% CPI Increase
Fire Inspections - Multi-Family Residential
0 - 3 units $74 $78 5.2% CPI Increase
4 - 12 units $149 $157 5.2% CPI Increase
13 - 20 units $253 $267 5.2% CPI Increase
21 - 30 units $451 $474 5.2% CPI Increase
30 units or more $627 $659 5.2% CPI Increase
Fire Inspections - High Rise Structures $5,876 $6,182 5.2% CPI Increase $178 $188 5.2% CPI Increase
Miscellaneous Inspections per Hour $168 $177 5.2% CPI Increase State Required Inspections
Pre-inspections:
25 or fewer persons $101 $106 5.2% CPI Increase
26 or more persons $198 $209 5.2% CPI Increase
Up to 8 occupants $206 $217 5.2% CPI Increase
9 - 49 occupants $465 $489 5.2% CPI Increase
50 occupants or more $585 $616 5.2% CPI Increase
Fire Inspections - Multi-story Structures per Hour, 2h/ floor minimum
Archival per page (required for all plan submittals): larger than 11"x17"
Archival per page (required for all plan submittals) up to 11"x17"
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
Consultation per Hour (including review of projects prior to submission for a building permit and of projects that do not require a permit)
(including but not limited to fire extinguishing & fire alarm systems)
Fire Department
CA Building Code - Table 3A CA Building Code - Table 3A No Change Fire Department Page 33 of 44
City Council/RSA Agenda 262 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE JUSTIFICATIONS
TYPE OF FEE FY 2021-22 FY 2022-23 (IF REVISED)
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
Fire Department
False Alarm Responses
0 - 3rd alarm $0 $0 No Change
After 3rd time in 12-month period:
4th alarm $123 $129 5.2% CPI Increase
5th alarm $219 $230 5.2% CPI Increase
6th and subsequent alarms $369 $388 5.2% CPI Increase
Second and Subsequent Reinspection $238 $250 5.2% CPI Increase Failure to Obtain Permit Double Fees Double Fees No Change Document Fees
Fire Code Amendments $12 $12 No Change
Research $29 above cost $30 above cost 5.2% CPI Increase Archived Copies $29 above cost $30 above cost 5.2% CPI Increase Photographs $29 above cost $30 above cost 5.2% CPI Increase Electronic Media $29 above cost $30 above cost 5.2% CPI Increase Other Fees
Paramedic Special Tax Rate $19 $20 5.2% CPI Increase
Penalty on Delinquent Invoice 25% of 60 days past due invoice 25% of 60 days past due invoice No Change Technology Fee 2% of all fire permits 2% of all fire permits No Change Fire Department Page 34 of 44
City Council/RSA Agenda 263 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE
FY 2021-22 FY 2022-23 JUSTIFICATIONS
(IF REVISED)
Subdivision Fees
1 $13,765 $14,481 5.2% CPI Increase
2 Final Parcel Map (PM) $6,470 $6,807 5.2% CPI Increase 3 Plan Check & Inspection Fee
3a 10% 10% No Change
3b Next $475,000 9% 9% No Change
3c Over $500,000 8% 8% No Change
Development and Redevelopment Project
1 Plan Check & Inspection Fee
1a 10% 10% No Change
1b Next $475,000 9% 9% No Change
1c Over $500,000 8% 8% No Change
Traffic Signalization Fees (Traffic Signal Fund)
1 Zoning - Single Family per Unit $1,960 $2,062 5.2% CPI Increase 2 Zoning - Multi Family per Unit $1,568 $1,649 5.2% CPI Increase 3 Zoning - Accessory Dwelling (ADU) per Unit $1,568 $1,649 5.2% CPI Increase 4 Zoning - Single Family and ADU per Set $3,528 $3,711 5.2% CPI Increase 5 Zoning - Commercial per Acre $6,075 $6,391 5.2% CPI Increase 6 Zoning - Industrial per Acre $3,037 $3,195 5.2% CPI Increase 7 Zoning - Mobile Home per Unit $1,098 $1,155 5.2% CPI Increase Grading Permit Fees
Plan Check
50 cu. yards or less $156 $164 5.2% CPI Increase
51 - 100 cu. yards $233 $245 5.2% CPI Increase
101 - 1,000 cu. yards $309 $325 5.2% CPI Increase
1,001 - 10,000 cu. yards $303 for the first 1,000 cu. yards + $94 for $318 for the first 1,000 cu. yards + $99 for each additional 1,000 cu. yards or fraction each additional 1,000 cu. yards or fraction 10,001 - 100,000 cu. yards $1,273 for the first 10,000 cu. yards + $47 for $1,340 for the first 10,000 cu. yards + $50 for each additional 10,000 cu. yards or fraction each additional 10,000 cu. yards or fraction 100,001 - 200,000 cu. yards $1,698 for the first 100,000 cu. yards + $47 for $1,787 for the first 100,000 cu. yards + $50 for each additional 10,000 cu. yards or fraction each additional 10,000 cu. yards or fraction 200,001 cu. yards or more $2,123 for the first 200,000 cu. yards + $41 for $2,234 for the first 200,000 cu. yards + $44 for each additional 10,000 cu. yards or fraction each additional 10,000 cu. yards or fraction Grading Permit
50 cu. yards or less $212 $223 5.2% CPI Increase
51 - 100 cu. yards $318 $335 5.2% CPI Increase
101 - 1,000 cu. yards $318 for the first 100 cu. yards + $152 for $335 for the first 100 cu. yards + $160 for each additional 100 cu. yards or fraction each additional 100 cu. yards or fraction 1,001 - 10,000 cu. yards $1,698 for the first 1,000 cu. yards + $94 for $1,787 for the first 1,000 cu. yards + $99 for each additional 1,000 cu. yards or fraction each additional 1,000 cu. yards or fraction 10,001 - 100,000 cu. yards $2,547 for the first 10,000 cu. yards + $678 $2,679 for the first 10,000 cu. yards + $713 for each add'l 10,000 cu. yards or fraction for each add'l 10,000 cu. yards or fraction 100,001 cu. yards or more $8,652 for the first 100,000 cu. yards + $305 $9,102 for the first 100,000 cu. yards + $321 for each add'l 100,000 cu. yards or fraction for each add'l 100,000 cu. yards or fraction Bonding requirements will be determined on an Bonding requirements will be determined on an Grading Permit Bond individual basis; however, will usually be set at individual basis; however, will usually be set at 5.2% CPI Increase $5.50/ cu. yard, first $1,000 to be in cash. $5.79/ cu. yard, first $1,000 to be in cash.
TYPE OF FEE
Public Works Department
Final Tract Map (TM)
5.2% CPI Increase
5.2% CPI Increase
5.2% CPI Increase
5.2% CPI Increase
5.2% CPI Increase
5.2% CPI Increase
5.2% CPI Increase
5.2% CPI Increase
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
First $25,000 of approved construction cost estimate
First $25,000 of approved construction cost estimate
Public Works Page 35 of 44
City Council/RSA Agenda 264 Tuesday, May 24, 2022
ADOPTED FEE PROPOSED FEE
FY 2021-22 FY 2022-23 JUSTIFICATIONS
(IF REVISED)
TYPE OF FEE
Public Works Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
Small Cell Wireless Fees
Small Cell - MLA Processing Fee (fixed amount, no refunds) $4,000 New, Per MLA Small Cell - Pole License - Administrative Fee (per pole) $65 New, Per MLA Small Cell - Pole License - Deposit (per pole, refund balance) $1,800 New, Per MLA Small Cell - Pole License - Security Deposit (cash or bond) $50,000 (1st 9 Pole Licenses) $25,000
(10th Pole License) New, Per MLA
Small Cell - Annual License Fee (per pole) $278 New, Per MLA Small Cell - Contingent License Fee $1,545 New, Per MLA Small Cell - Constructs or installs any alteration without approval Initial Notice $350 New, Per MLA
Follow Up Notice $400 New, Per MLA
Small Cell - Failure to make required repairs; to provide or maintain insurance; or violation of requirements regarding accessed area Initial Notice $300 New, Per MLA
Follow Up Notice $350 New, Per MLA
Miscellaneous Fees
Sale of Plans and Specs minimum $52 $54 5.2% CPI Increase Other Fees
Transportation Permit: Per Trip $16 $16 No Change,
Set by Caltrans
Transportation Permit: Annual $90 $90 No Change,
Set by Caltrans
Encroachment Permit
Administrative Charge * $65 $68 5.2% CPI Increase
Hourly Inspection Fee * $131 $138 5.2% CPI Increase
$131 $138 5.2% CPI Increase
* Admin plus Hour Rate or Contract Rate if Needed
Filming- Review only, no PW work performed $834 $834 No Change $1,507 $1,507 No Change
No fee No fee No Change
$131 $138 5.2% CPI Increase
Vacation/Abandonment/Quit Claim $849 $893 5.2% CPI Increase Lot Line Adjustment (LLA) $1,698 $1,787 5.2% CPI Increase Certification of Compliance (CoC) $835 $835 No Change
Additional Inspection per Hour $131 $138 5.2% CPI Increase Actual Cost- Minimum 2 hours, time + overtime
premium
Actual Cost- Minimum 2 hours, time + overtime
premium
No Change
Actual Cost- Minimum 2 hours, time + overtime
premium
Actual Cost- Minimum 2 hours, time + overtime
premium
No Change
Damage Recovery Admin Charge $62 $62 No Change
Special Events per Hour Actual Cost Actual Cost No Change Tree Replacement in-lieu per tree $350 $350 No Change
Grant of Easement $835 $835 No Change
Misc. Easements (PUE, Drainage, etc.) $835 $835 No Change Grant of Public Street Right-of-Way $835 $835 No Change Technology Fee 2% of all encroachment & grading permits 2% of all encroachment & grading permits No Change ** - Per City Schedule
*** - Per Special Permission Only
Construction Inspection on Closed Fridays & Saturdays *** Construction Inspection outside of normal hours per Hour Parades/Parties
All other work in the Public Street per Hour
Filming- includes PW work, i.e. traffic control plan
Hourly Permit Application Review Fee * (including coordination, traffic control, etc.)
Public Works Page 36 of 44
City Council/RSA Agenda 265 Tuesday, May 24, 2022
JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
Normal Operating Hours Non-Operating Hours Normal Operating Hours Non-Operating Hours Assembly Hall with Kitchen
Resident $145 $145 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $160 $160 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $240 2x resident rate Cost recovery
Dining Room with Kitchen
Resident $100 $100 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $115 $115 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $165 2x resident rate Cost recovery
Courtyard
Resident $25 $25 No Change
Non-resident $30 $30 No Change
Commercial $60 2x resident rate Cost recovery
$25/$30 per hour $25/$30 per hour No Change
$100 Cleaning Fee $100 Cleaning Fee + Janitorial
Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Sun Room
Resident $25 $25 No Change
Non-resident $30 $30 No Change
Commercial $60 2x resident rate Cost recovery
Classroom
Resident $40 $40 No Change
Non-resident $50 $50 No Change
Commercial $80 2x resident rate Cost recovery
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
Facility Use Fees 1 2 3
Ruggieri Senior Center Facility Use Fees
Kitchen - hourly rate for resident/non-resident (only
applicable to standalone kitchen use)
TYPE OF FEE FY 2021-22
Kitchen - flat fee to clean and sanitize the kitchen (only applicable to standalone kitchen use)
FY 2022-23
CRS Page 37 of 44
City Council/RSA Agenda 266 Tuesday, May 24, 2022