Union City City Council
December 13, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, December 13, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
This 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. Adopt A Resolution Declaring The Results Of The General Municipal Election Held November 8, 2022

3.b. Proclamation Honoring Councilmember Emily Duncan
Presented by Senator Bob Wieckowski

3.c. Proclamation Honoring Councilmember Pat Gacoscos
Presented by Senator Bob Wieckowski

3.d. Proclamation Honoring Councilmember Emily Duncan And City Council/RSA Agenda 1 Tuesday, December 13, 2022
Farewell Remarks

3.e. Proclamation Honoring Councilmember Pat Gacoscos And Farewell Remarks

3.f. Oath Of Office And Installation Of Re-Elected Councilmember Jaime Patiño, Followed By Remarks From Councilmember
Patiño

3.g. Oath Of Office And Installation Of Newly Elected
Councilmember Jeff Wang, Followed By Remarks From
Councilmember Wang

3.h. Oath Of Office And Installation Of Newly Elected
Councilmember Scott Sakakihara, Followed By Remarks From Councilmember Sakakihara

3.i. Appointment Of Vice Mayor

3.j. Council Assignments To Various Boards And Commissions

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 November 22, 2022

5.c. Adopt A Resolution Setting The 2023 Calendar Year City Council Meeting Schedule

5.d. Adopt A Resolution Appointing Individuals To Serve On The Human Relations Commission And The Planning Commission

5.e. Adopt A Resolution Authorizing The City Manager to Execute City Council/RSA Agenda 2 Tuesday, December 13, 2022
The Second Amendment To The Consulting Services
Agreement With Swinerton Builders DBA Swinerton
Management & Consulting, In The Amount Of $50,000, For
Inspection Services,, For A Total Contract Amount of $200,000

5.f. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services
Agreement With Rail Surveyors And Engineers, Inc. (RSE), In The Amount Of $75,000, To Provide Engineering Services For The Pedestrian At-Grade Crossing Project, City Project No. 14- 14, For A Total Contract Amount Of $175,000

5.g. Adopt A Resolution Authorizing Submission of An Application And Associated Grant Documents For CalRecycle Beverage
Container Recycling City/County Payment Program
Administered By The State Of California, Department Of
Resources Recycling And Recovery

5.h. Adopt A Resolution Authorizing The Transfer Of $162,820 From The Kennedy Parking Lot Rehabilitation Project To The Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13

5.i. Adopt A Resolution Authorizing The City Manager To Execute Contract Amendment No. 11 To Extend The Union City Transit Fixed-Route And Demand Response Operations And
Maintenance Agreement With MV Transportation For An
Additional Three Months Through March 31, 2023

5.j. Adopt A Resolution Approving Amendment No. 2 To Contract No. 5774, The Post-Retirement Employment Agreement With Retired Annuitant Lola Tapia

5.k. Adopt A Resolution Approving An Amendment To The City Of Union City Personnel Rules

5.l. Adopt A Resolution Approving An Amendment To The City’s Classification And Compensation Plan For Multiple
Unrepresented Seasonal And Temporary Positions In
Conformance With California Code Of Regulations, Title 2, Section 570.5

5.m. Adopt A Resolution Finding That There Is A Proclaimed State Of Emergency; Finding That Meeting In Person Would Present Imminent Risks To The Health Or Safety Of Attendees As A Result Of The State Of Emergency; And Authorizing Remote Teleconferenced Meetings Of The Legislative Bodies Of The City Of Union City For The 30 Day Period Beginning December 13 Pursuant To Ab 361 And Adopt A Resolution Confirming The Continued Existence Of A Local Emergency Due To Covid-19

5.n. Adopt A Resolution Accepting The Annual Reports For Fiscal Year 2021-2022 Concerning Sources And Uses Of
Development Impact Fees Pursuant To Government Code
Section 66000, Et Seq. And Making Certain Findings Related Thereto
City Council/RSA Agenda 3 Tuesday, December 13, 2022

5.o. Adopt A Resolution Accepting The 5-Year Reports For Fiscal Years 2017-2018 Through 2021-2022 Concerning Sources And Uses Of Development Impact Fees Pursuant To Government
Code Section 66000, Et Seq. And Making Certain Findings Related Thereto

6. PUBLIC HEARINGS - None

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 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 City Council/RSA Agenda 4 Tuesday, December 13, 2022
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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ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF UNION CITY

DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER8, 2022
Staff has prepared and submitted the attached resolution declaring the results of the General Municipal Election held on November 8, 2022

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

BACKGROUND
On June 14, 2022, the City Council adopted Resolution No. 5948-22 requesting the County of Alameda Registrar of Voters conduct the general municipal election of November 8, 2022 for the election of certain officers, to-wit: one (1) member of the City Council for Districts 2, 3, and 4.

On July 12, 2022 the City Counciladopted Resolution No. 5978-22, calling for voter consideration of extending the existing voter-approved sales tax without increasing the current half-cent rate for nine (9) years (Measure Z).

DISCUSSION
The Alameda County Registrar of Voters has 30 days from the date of the election to certify the election results. Staff has received the certified results from the Alameda County Registrar’s Office, and the names of the persons voted for as candidates for Mayor and City Council, and the total number of votes received and cast in favor of each of the persons voted for are as follows:

COUNCILMEMBER, DISTRICT 2
Jaime Patino 1,938
Chuck Kennedy 1,495
COUNCILMEMBER, DISTRICT 3
Jeff Wang 1,937
Kristy Boer 1,357
City Council/RSA Agenda 6 Tuesday, December 13, 2022
Lee Guio 945
COUNCILMEMBER, DISTRICT 4
Scott Sakakihara 3,028
Vipan Bajwa 1,791
At the November 8, 2022 General Municipal Election, the following ballot measures were submitted to the voters of the City of Union City and, according to the official results of canvassed returns provided by the Alameda County Registrar’s Office, the number of votes cast for and against said measure are as follows:

MEASURE Z (Passed)
Yes 12,782
No 4,398
All election results have been canvassed and certified by the Registrar of Voters and are presented to the City Council for adoption.

FISCAL IMPACT
There are no Fiscal Impacts.

RECOMMENDATION
Staff recommends that the City Council receive the Official Canvass of the November 8, 2022 General Municipal Election as certified by the Alameda County Registrar of Voters, and adopt a resolution declaring the results of the election.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A: Certified Results Exhibit
Draft Ordinance - Measure Z (passed) Ordinance
City Council/RSA Agenda 7 Tuesday, December 13, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022
WHEREAS, there was held in the City of Union City on the eighth day of November 2022, a General Municipal Election to elect a one (1) member of the City Council from each of Districts 2, 3, and 4 and to consider a proposed general tax measure as required by law; and, WHEREAS, the Alameda County Registrar of Voters was requested to perform all necessary election procedures for the General Municipal Election and notice of the election was given in the time, form and manner as provided by law; accessible voting locations were properly established, election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Alameda County Registrar of Voters did canvass the returns of said consolidated municipal election, and did certify to this City Council the results of the votes cast at said election, which said certification is attached hereto as Exhibit “A”, and incorporated herein by reference; and
WHEREAS, the City Council is required to pass a Resolution reciting the facts of the election and other matters as hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City does resolve, declare, determine, and order state as follows:

A. Said canvass by the Registrar of Voters of Alameda County, as shown by said certificates, and the results of said General Municipal Election, are hereby ratified, confirmed, approved and declared.

B. The offices to be filled by such General Municipal Election were for one (1) office of Councilmember for Districts 2, 3, and 4, with terms expiring in December 2026.

C. The names of persons voted for, and the office for which they received votes, are as follows:

COUNCILMEMBER, DISTRICT 2
Jaime Patiño 1,938
Chuck Kennedy 1,496
City Council/RSA Agenda 8 Tuesday, December 13, 2022
Resolution No. XXXX-22

COUNCILMEMBER, DISTRICT 3
Jeff Wang 1,937
Kristy Boer 1,357
Lee Guio 945
COUNCILMEMBER, DISTRICT 4
Scott Sakakihara 3.028
Vipan S. Bajwa 1,791

D. At said General Municipal Election, the following ballot measure was submitted to the voters of the City of Union City, and the number of votes cast for and against said measure are as follows:

MEASURE Z YES – 12,782 NO – 4,398
E. Since Measure Z is a proposed ordinance for the extension of an existing half-cent sales tax for an additional 9 (nine) years, until March 31, 2034, which required the approval of a simple majority of voters to be effective, and since this Resolution declares that a majority of the voters voting on Measure Z did vote in its favor, the proposed ordinance is hereby deemed introduced and adopted as Ordinance No. 911-22, in accordance with the vote of the People, and shall become effective ten (10) days after the City Council certifies the results of the election, to-wit:

December 23, 2022.

F. The total number of ballots cast in the City of Union City at the General Municipal Election and the total number of votes given in each precinct of the City of Union City was and is set forth in said canvass by the Registrar of Voters of Alameda County, attached hereto and incorporated herein as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED, ORDERED AND DETERMINED by the City Council of the City of Union City, that the persons hereinafter listed received the highest number of votes for Councilmember of the City Council Districts 2, 3, and 4, and that said persons are hereby declared to be elected to the hereinafter named office set forth immediately above their name, to wit:

Member of the City Council, District 2
Jaime Patiño
Member of the City Council, District 3
Jeff Wang
Member of the City Council, District 4
Scott Sakakihara
City Council/RSA Agenda 9 Tuesday, December 13, 2022
Resolution No. XXXX-22

Accordingly, the City Clerk is hereby authorized to sign and deliver thereto Certificates of Election, and to administer the Oath of Office prescribed in the Constitution of the State of California.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to attach a copy of this Resolution to the minutes of the meeting and make it a part of such minutes.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO,
City Clerk City Attorney
5248774.1
City Council/RSA Agenda 10 Tuesday, December 13, 2022
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City Council/RSA Agenda 19 Tuesday, December 13, 2022
City Council/RSA Agenda 20 Tuesday, December 13, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF UNION CITY AMENDING AND RESTATING CHAPTER 3.22 OF THE UNION CITY MUNICIPAL CODE TO EXTEND THE

EXISTING, VOTER-APPROVED MEASURE AA TRANSACTIONS AND USE (SALES)

TAX ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION
WHEREAS, for the past 12 years, Union City has relied upon approximately $6 million annually in locally-controlled funding from a half-cent sales tax measure first approved by 60% of local voters in 2010 and renewed by 73% of local voters in 2014; and WHEREAS, funds from Union City’s locally controlled sales tax maintain city services such as firefighters, paramedics, 9-1-1 emergency response, police patrols, pothole and street repairs, and services for children, families and seniors; and WHEREAS, public reports from the independent citizens’ oversight committee that reviews the use of funds from Union City’s local sales tax have consistently confirmed that funds have been collected and spent properly; and
WHEREAS, unless renewed by local voters, Union City’s locally controlled sales tax funding is set to expire and the City will lose approximately $6 million in annual funding, requiring budget cuts that could include 911 emergency response, community and neighborhood policing, and reductions in street repair and maintenance; and WHEREAS, to prevent cuts to local programs and services, the City Council desires to place a measure on the November 8, 2022 ballot to renew local sales tax funding for nine years without increasing the tax rate; and
WHEREAS, essential purchases like groceries and prescription medicine are exempt from the cost of the sales tax to ensure the cost is not a burden to those on fixed or limited incomes; and
WHEREAS, shoppers and visitors from other communities must pay the cost of the sales tax to support Union City services, including shoppers from throughout the region who visit Union Landing; and
WHEREAS, the measure to renew locally controlled funding would continue strict fiscal accountability protections, including an independent citizens' oversight committee, mandatory annual audits and public disclosure of all spending; and WHEREAS, all funds from a renewed local sales tax must remain under local funds for local needs in Union City and no funds can be taken away by the State; and WHEREAS, at an election held on November 2, 2010, a majority of the voters of the City of Union City approved a local funding measure that provided revenue that could not be taken by the State commonly known as “Measure AA”; and
City Council/RSA Agenda 21 Tuesday, December 13, 2022
WHEREAS, at an election held on November 2, 2014, a majority of voters of the City of Union City approved renewal of Measure AA; and
WHEREAS, Measure AA has been critical in maintaining essential City services, such as 9-1-1 emergency response, police patrols, fire protection, youth, senior, after-school, and family recreational services, as well as programs for residents with special needs, among others; and
WHEREAS, Measure AA is set to expire unless extended by a majority of the voters of the City; and
WHEREAS, the City of Union City has carefully evaluated how to deal with this potential loss of funds, while continuing to provide the quality of life services that community residents rely upon; and
WHEREAS, without Measure AA, the City of Union City will not be able to maintain all existing programs, will not be able to adequately maintain infrastructure or facilities, and will not be able to maintain the service levels currently in place; and WHEREAS, a continuation of Measure AA with no increase in tax rate, will ensure that all money raised will be controlled locally for local services, and cannot be taken away by the State; and
WHEREAS, Measure AA is codified in Chapter 3.22 of the Union City Municipal Code.

Under section 3.22.150 “Termination Date,” Measure AA is set to expire on April 1, 2025, unless extended by the voters, which would deprive the City of a crucial source of funding to prevent severe cuts to essential services such as police, fire, paramedic, streets, parks and other services; and
WHEREAS, the proposed measure would extend the existing Measure AA tax for an additional 9 years, until March 31, 2034, on the sale of tangible personal property and the storage, use, or other consumption of such property. The tax rate would continue to be one-half of one percent (0.5%) (a one-half cent for each dollar) of the sales price of the property. The proposed measure would also provide that the tax revenue would be collected by the California Department of Tax and Fee Administration and remitted to the City. The tax would be in effect for an additional 9 years, and would then expire automatically, unless extended by the voters.

The tax shall be approved if the measure receives at least a simple majority of affirmative votes.

THE PEOPLE OF THE CITY OF UNION CITY DO ORDAIN AS FOLLOWS:

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

SECTION 2. Amendment of Chapter 3.22 of the Municipal Code. Chapter 3.22 of the Union City Municipal Code is hereby amended and restated to read as follows:

City Council/RSA Agenda 22 Tuesday, December 13, 2022
“3.22.010 - Title.

This ordinance shall be known as the Union City Transactions and Use Tax Ordinance.

The City of Union City hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

3.22.020 - Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

3.22.030 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

City Council/RSA Agenda 23 Tuesday, December 13, 2022

3.22.040 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.22.050 - Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.22.060 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.22.070 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.22.080 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.22.090 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

City Council/RSA Agenda 24 Tuesday, December 13, 2022
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the City” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

City Council/RSA Agenda 25 Tuesday, December 13, 2022

3.22.100 - Permit Not Required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

3.22.110 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

City Council/RSA Agenda 26 Tuesday, December 13, 2022

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, City Council/RSA Agenda 27 Tuesday, December 13, 2022
canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.22.120 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.22.130 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.22.140 – Citizens Oversight Committee and Independent Audit.

There shall be a five-person committee of members of the public to review and report on the revenue and expenditure of funds from the tax adopted by this chapter. Prior to the operative date, the City Council shall adopt a resolution establishing the composition of the committee and defining the scope of its responsibilities. Also prior to the operative date, the City Council shall appoint at least a quorum of the members of the committee; the Council shall complete the appointment of members of the committee by the end of fiscal year 2011.

The City shall annually verify that the taxes owed under this chapter have been properly applied, collected, and remitted in accordance with this chapter, and properly expended according to applicable law. The annual verification shall be performed by a qualified, independent third party, and the review shall employ reasonable, cost-effective steps to assure compliance, including City Council/RSA Agenda 28 Tuesday, December 13, 2022
the use of sampling audits. The verification shall not be required of tax remitters where the cost of the verification may exceed the tax revenues to be received.

3.22.150 - Termination Date.

The authority to levy the tax imposed by this ordinance shall expire on March 31, 2034.” SECTION 3. Adjustment of Appropriations Limit. Pursuant to Article XIIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City is hereby increased by the aggregate sum authorized to be levied by this tax.

SECTION 4. Compliance with the California Environmental Quality Act. The approval of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). This ordinance imposes a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the city would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. If this ordinance is approved by a majority of the voters voting on the issue at the November 8, 2022 election, pursuant to Elections Code Section 9217, this ordinance shall become effective ten (10) days after the Council declares the results of the election, and the tax shall become operative on the “operative date,” as defined in this ordinance.

APPROVED by the following vote of the People of the City of Union City on November 8, 2022:

YESES:

NOES:

City Council/RSA Agenda 29 Tuesday, December 13, 2022
ADOPTED by Declaration of the November 8, 2022 election results by the City Council of the City of Union City at a regular meeting held on ___________________________, 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS
APPROVED:
_____________________________
Carol Dutra-Vernaci, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Anna Brown, City Clerk Kristopher Kokotaylo, City Attorney 5129902.4
City Council/RSA Agenda 30 Tuesday, December 13, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proclamation - In Recognition of Emily Duncan for Twelve Years of Outstanding Service to the City of Union City as a Member of the City Counciland Community Leader
Attachment
City Council/RSA Agenda 31 Tuesday, December 13, 2022

CITY OF UNION CITY

PROCLAMATION
In Recognition of Emily Duncan
for Twelve Years of Outstanding Service to the City of Union City as a Member of the City Council and Community Leader
WHEREAS, Emily Duncan was first elected to the City Council of the City of Union City on November 2, 2010, and was subsequently re-elected to the City Council in 2014 and 2018, serving a total of twelve years on the City Council as a Councilmember and serving as Vice Mayor in 2013, 2016 and 2020; and WHEREAS, Emily Duncan has been a resident of Union City for over 30 years and cares deeply about the City’s well-being and future success; and
WHEREAS, Emily Duncan started her engagement with the City in 2007, when she was appointed to the Human Relations Commission as an alternate Commissioner, and then appointed as a standing Commissioner in 2008, where she focused on the youth of Union City and took the lead to create the Union City Youth Violence Prevention & Intervention Advisory Committee, and led the expansion of Youth & Family Services Division with support from Alameda County; and served in this capacity until elected to the City Council in 2010; and

WHEREAS, Emily Duncan’s service to the City of Union City also included continued leadership on the City of Union City Youth Violence Prevention & Intervention Advisory Committee, and several other committees including the Teen Center Task Force, Economic Development Advisory Team (Co-chair), Union City Audit Subcommittee, Union City Chamber of Commerce (Alternate), Youth Commission Nominating Committee, General Plan Advisory Committee, Legislation and Policy Committee, New Haven Unified School District Joint Subcommittee, Liaison to the Parks and Recreation Commission, and Co-chair of the Policing and Community Engagement Committee, for the creation and implementation of a community engagement plan that successfully became the framework for the Five-Year Police Department Strategic Plan; and WHEREAS, Emily Duncan has represented the City of Union City faithfully and well on a variety of regional boards and commissions, including the Alameda County Waste Management Authority, Metropolitan Transportation Commission’s Policy Advisory Committee for the Tri-City and Tri-Valley Transit Service Study (Alternate), Association of Bay Area Governments (Delegate), Alameda County Transportation Commission (Alternate), Alameda County Associated Community Action Plan, Oakland Airport Community Noise Management Forum, Dumbarton Rail Corridor Policy Advisory Committee (Alternate), League of California Cities (Delegate, East Bay Division), East Bay Economic Development Alliance (Land Use Subcommittee), and Alameda County Fire Department Advisory Commission; and City Council/RSA Agenda 32 Tuesday, December 13, 2022
WHEREAS, Emily Duncan assumed a leadership role in supporting, maintaining, and enhancing public safety and stabilizing the City of Union City finances with the passage of Measure JJ (2014) and Measure Z (2022), both of which renewed Measure AA, the one-half cent sales tax; the passage of Measure QQ (2016) that supported public safety and the City’s Youth Violence Prevention & Intervention Program; the passage of Measure DD (2018), the City’s cannabis business tax; and the passage of Measure WW (2020), the utility users tax; and
WHEREAS, Emily Duncan supported the East Bay Regional Parks Local Grant Program Measure WW (2008) that funded the remodeling of the Kennedy Youth Center and its rededication in 2018; and WHEREAS, in response to the COVID-19 pandemic State of California Emergency Order on March 17, 2020, Emily Duncan along with the City Council, faithfully and dutifully moved City Council meetings to a virtual platform, where the meetings continued until April 14, 2022, when infection numbers receded to allow the Council to return to in-person City Council meetings; and WHEREAS, while on the City Council, Emily Duncan approved the development of 852,000 square feet of industrial and commercial uses, 40,000 square feet of private institutional uses, and 1,850 residential units, including 231 affordable units, contributed to several significant long-range planning efforts, which provide a policy framework for future decision making, including the Union City 2020-2025 Strategic Plan, Economic Development Strategic Plan, 2015-2023 Housing Element, the 2040 General Plan, the 2011 and 2021 Bicycle and Pedestrian Master Plan Updates, and the Station District Specific Plan; and WHEREAS, Emily Duncan’s life-long dedication to public service began after attending the University of Northern Colorado, when she moved to Los Angeles to work with the Los Angeles Urban League and the United States Department of Labor. In 1985, Emily Duncan started work with the Hewlett-Packard Company, working her way up to Human Resources Corporate Manager, and Director and, at the time of her retirement in 2007, she was the Vice President of Culture and Diversity at the Hewlett-Packard Company for ten years; and WHEREAS, Emily Duncan remains an active member of her sorority, Delta Sigma Theta, which focuses on mentoring girls and providing scholarships for college, and she has been involved in numerous organizations including the Union City Lions Club, and served as a Chabot College Foundation Director.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City hereby honors Emily Duncan and expresses its sincere appreciation for, and recognition of, her many contributions to the City of Union City and wishes her the very best and continued success.

DATED this 13th day of December 2022
CAROL DUTRA-VERNACI, Mayor
JAIME PATIÑO, Vice Mayor
PAT GACOSCOS, Councilmember
GARY SINGH, Councilmember
City Council/RSA Agenda 33 Tuesday, December 13, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proclamation - In Recognition of Pat Gacoscos for Twelve Years of Outstanding Service to the City of Union City as a Member of the City Counciland Community Leader
Attachment
City Council/RSA Agenda 34 Tuesday, December 13, 2022

CITY OF UNION CITY

PROCLAMATION
In Recognition of Pat Gacoscos
for Twelve Years of Outstanding Service to the City of Union City as a Member of the City Council and Community Leader

WHEREAS, Pat Gacoscos was first elected to the City Council of the City of Union City on November 2, 2010, and was subsequently re-elected to the City Council in 2014 and 2018, serving a total of twelve years on the City Council as a Councilmember and serving as Vice Mayor in 2012, 2017, and 2021; and WHEREAS, Pat Gacoscos also served as a Trustee for the New Haven Unified School District from 1992 to 2000, and as a Board Member for the Union Sanitary District from 2004 to 2010; and WHEREAS, Pat Gacoscos started her engagement with the Union City community as a founding member of the Sister Cities Program in 1984, which then became the Sister Cities Commission in 1988, that she was initially appointed to by the City Council; and
WHEREAS, Pat Gacoscos was one of the City Council’s initial appointments to the City of Union City Human Relations Commission, established in 1992 and charged with creating an environment in which the human rights of every individual is respected, regardless of race, ethnicity, age, religion, disability, economic status, or sexual orientation; and
WHEREAS, Pat Gacoscos’ service to the City of Union City also included continued leadership on the Union City Audit Sub-committee (Alternate), Union City Youth Violence Prevention & Intervention Advisory Committee, Union City Legislation and Policy Committee, General Plan Advisory Committee, Liaison to the Human Relations Commission, and Co-chair of the Policing and Community Engagement Committee for the creation and implementation of a community engagement plan that successfully became the framework for the Five-Year Police Department Strategic Plan; and
WHEREAS, Pat Gacoscos has represented the City of Union City faithfully and well on a variety of regional boards and commissions, including: the Alameda County Library Advisory Commission, Housing Authority of Alameda County, Association of Bay Area Governments (Alternate), Union City Chamber of Commerce, Oakland Airport Community Noise Management Forum, Alameda County Waste Management Authority (Alternate); and
WHEREAS, in response to the COVID-19 pandemic State of California Emergency Order on March 17, 2020, Pat Gacoscos, along with the City Council, faithfully and dutifully moved City Council meetings to a virtual platform, where the meetings continued until April 14, 2022, when infection numbers receded to allow the Council to return to in-person City Council meetings; and City Council/RSA Agenda 35 Tuesday, December 13, 2022
WHEREAS, while on the City Council, Pat Gacoscos approved the development of 852,000 square feet of industrial and commercial uses, 40,000 square feet of private institutional uses, and 1,850 residential units, including 231 affordable units; and contributed to several significant long-range planning efforts, which provide a policy framework for future decision making, including the Union City 2020-2025 Strategic Plan, Economic Development Strategic Plan, 2015-2023 Housing Element, the 2040 General Plan, the 2011 and 2021 Bicycle and Pedestrian Master Plan Updates, and the Station District Specific Plan; and WHEREAS, Pat Gacoscos assumed a leadership role in supporting, maintaining and enhancing public safety and stabilizing the City of Union City’s finances with the passage of Measure JJ (2014) and Measure Z (2022) ,both of which renewed Measure AA, the one-half cent sales tax; the passage of Measure QQ (2016) that supported public safety and the City’s Youth Violence Prevention & Intervention Program; the passage of Measure DD (2018), the City’s cannabis business tax; and the passage of Measure WW (2020), the utility users tax; and
WHEREAS, Pat Gacoscos supported the East Bay Regional Parks Local Grant Program Measure WW (2008) that funded the remodeling of the Kennedy Youth Center and its rededication in 2018; and WHEREAS, Pat Gacoscos also has volunteered countless hours in various committees and is the recipient of numerous honors including Union City’s Community Spirit Award, the Public Education Award and the Friends of Education Award, and several outstanding volunteer awards; and WHEREAS, Pat Gacoscos provided leadership and assistance to many in the community including St.

Anne Catholic Church, Friends of Chabot College Foundation Board of Directors, Tri-CED Community Recycling, where she served as a member of the Board of Directors; and the Filipino Community of Alvarado and Vicinity; and
WHEREAS, in June 1999, as a New Haven Unified School District Board of Trustee, Pat Gacoscos was a member of the Union City winning team for the 50th All-America City Awards competition; and WHEREAS, Pat Gacoscos and her husband, Onofre, have called Union City their home for over 40 years, where they raised their son, Joseph, and daughter Rosella.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City, hereby expresses its tremendous gratitude and sincere appreciation to Pat Gacoscos for her many contributions to the City of Union City and wishes her the very best and continued success.

DATED this 13th day of December 2022
CAROL DUTRA-VERNACI, Mayor
JAIME PATIÑO, Vice Mayor
EMILY DUNCAN, Councilmember
GARY SINGH, Councilmember
City Council/RSA Agenda 36 Tuesday, December 13, 2022
Agenda Item
ATTACHMENTS:

Description Type
Desk Item- Item3.j. Attachment
City Council/RSA Agenda 37 Tuesday, December 13, 2022
City Council/RSA Agenda 38 Tuesday, December 13, 2022
City Council/RSA Agenda 39 Tuesday, December 13, 2022
City Council/RSA Agenda 40 Tuesday, December 13, 2022
City Council/RSA Agenda 41 Tuesday, December 13, 2022
City Council/RSA Agenda 42 Tuesday, December 13, 2022
City Council/RSA Agenda 43 Tuesday, December 13, 2022
City Council/RSA Agenda 44 Tuesday, December 13, 2022
City Council/RSA Agenda 45 Tuesday, December 13, 2022
City Council/RSA Agenda 46 Tuesday, December 13, 2022
City Council/RSA Agenda 47 Tuesday, December 13, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft Min Reg CC11/22/22 Attachment
City Council/RSA Agenda 48 Tuesday, December 13, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, November 22, 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 - None

4. ORAL COMMUNICATIONS - None

5. CONSENT CALENDAR
Under the Political Reform Act, Mayor Dutra-Vernaci and Councilmember Duncan recused themselves from Item 5.d. as they had economic conflict of interests within proximity of the sites being considered.

It was moved by Councilmember Singh and seconded by Vice Mayor Patiño to adopt consent calendar items 5.a. through 5.c. and 5.e. through 5.j. The motion a was carried by a unanimous roll call vote.

It was moved by Councilmember Gacoscos and seconded by Councilmember Singh to adopt consent calendar item 5.d. The motion was carried by the following roll call vote:

City Council/RSA Agenda 49 Tuesday, December 13, 2022
AYES: Councilmembers Gacoscos, Singh, Vice Mayor Patiño NOES: None
ABSTAIN: Councilmember Duncan, Mayor Dutra-Vernaci
ABSENT: None

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

5.b. Approved The Minutes Of The City Council Meetings Held On November 8, 2022

5.c. Adopted Resolution No. 6037-22 Appointing Individuals To Serve On The Park & Recreation Commission, Planning Commission And Senior Commission

5.d. Adopted Ordinance No. 906-22 Amending Title 18, Zoning, Of The Union City Municipal Code (At-22-006), And Ordinance No. 907-22 Amending The Official Zoning Map (A-22-003) For Consistency With The Draft 2023-2031 Housing Element

5.e. Adopted Ordinance No. 908-22 An Ordinance Amending Chapter 2.04, City Council, Of The Union City Municipal Code

5.f. Adopted Ordinance No. 909-22 Approving Zoning Text Amendment, AT-22- 007, Amending Chapter 18.36, “Commercial Districts”, And Chapter 18.117, “Commercial Cannabis Businesses,” Of The Union City Municipal Code To Authorize Cannabis Dispensary Uses In The Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor And Recreation Commercial (CVR) District And Amending Section 5.44.050, “Standards For Commercial Cannabis Dispensaries”

5.g. Adopted Resolution No. 6038-22 Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The City of Union City And The Management Employees Group Approving An Extension For Implementing A Retiree Health Savings Account

5.h. Adopted Resolution No. 6039-22 Finding That There Is A Proclaimed State Of Emergency; Finding That Meeting In Person Would Present Imminent Risks To The Health Or Safety Of Attendees As A Result Of The State Of Emergency; And Authorizing Remote Teleconferenced Meetings Of The Legislative Bodies Of The City Of Union City For The 30 Day Period Beginning November 22 Pursuant To Ab 361 And Adopted Resolution No. 6040-22 Confirming The Continued Existence Of A Local Emergency Due To Covid-19

5.i. Adopted Resolution No. 6041-22 Authorize The City Manager To Execute A Sixth Amendment To The Consulting Services Agreement With 4LEAF, Inc., In A Form Approved By The City Attorney, To Increase The Not To Exceed Amount From $1,500,000 To $1,900,000 For Building Division Support And Extend The Agreement Expiration To June 30, 2026
City Council/RSA Agenda 50 Tuesday, December 13, 2022

5.j. Adopted Resolution No. 6042-22 Amending The Fiscal Year 2022-2023 General Fund Budget By Appropriating An Additional $20,000 To The City Council’s Travel & Training Budget

6. PUBLIC HEARINGS

6.a. Adopt An Ordinance Repealing And Replacing Chapters 15.20, 15.40, 15.44,

15.48, 15.52, 15.80, 15.81, And 15.84 of Title 15, Building And Construction, Of The Union City Municipal Code To Incorporate The 2022 California Building Codes With Local Amendments And Adopt A Resolution Finding And Determining The Need For Local Amendments Are Reasonably Necessary Because Of Local Climatic, Geologic, Or Topographical Conditions, In Accordance With California Health And Safety Code Section 17958.7 City Attorney Kristopher Kokotaylo presented the staff report. There were no questions from Council.

Mayor Dutra-Vernaci opened the public hearing for comment. There were no public comments. Mayor Dutra-Vernaci closed the public hearing.

There were no additional comments from the Council.

It was moved by Councilmember Gacoscos and seconded by Councilmember Duncan to Adopt Ordinance No. 910-22 Repealing And Replacing Chapters

15.20, 15.40, 15.44, 15.48, 15.52, 15.80, 15.81, And 15.84 of Title 15, Building And Construction, Of The Union City Municipal Code To Incorporate The 2022 California Building Codes With Local Amendments; And Resolution No. 6043-22 Finding And Determining The Need For Local Amendments Are Reasonably Necessary Because Of Local Climatic, Geologic, Or Topographical Conditions, In Accordance With California Health And Safety Code Section 17958.7. The motion was carried by a unanimous roll call vote.

6.b. Public Hearing And Adoption Of A Resolution Amending The Fiscal Year 2022- 2023 Master Fee Schedule To Increase Fees For Commercial Cannabis Applications
City Manager Joan Malloy presented the staff report. There were no questions from Council.

Mayor Dutra-Vernaci opened the public hearing for comment. There were no public comments. Mayor Dutra-Vernaci closed the public hearing.

There were no additional comments from the Council.

It was moved by Councilmember Duncan and seconded by Councilmember Gacoscos to adopt Resolution No. 6044-22 Amending The Fiscal Year 2022- 2023 Master Fee Schedule To Increase Fees For Commercial Cannabis Applications. The motion was carried by a unanimous roll call vote.

7. CITY MANAGER REPORTS
City Council/RSA Agenda 51 Tuesday, December 13, 2022

7.a. Adopt A Resolution Authorizing The City Manager to Execute The First Amendment To The Consulting Services Agreement With Mark Thomas & Company, Inc., For Final Design Of Phases (Segments) 1 And 2 For Quarry Lakes Parkway (East West Connector), City Project No. 18-04, In The Amount Of $3,000,000
City Manager Malloy presented the staff report, providing a design status update on Phases 1 and 2 for the Quarry Lakes Parkways (East West Connector). City Manager Malloy responded to questions from Council.

Councilmembers provided comment.

It was moved by Councilmember Singh and seconded by Councilmember Duncan to adopt Resolution No. 6045-22 authorizing the City Manager to execute the First Amendment to Consulting Service Agreement with Mark Thomas & Company, Inc. for Final Design of Phases (Segments) 1 and 2 of Quarry Lakes Parkway (East West Connector), City Project No. 18-04, in the amount of $3,000,000 (totaling $4.2 million). The motion was carried by a unanimous roll call vote.

7.b. Adopt A Resolution Authorizing The City Manager To Execute A Consulting Services Agreement With Mark Thomas & Company, Inc., For Preliminary Engineering (30% Final Design) Of East West Connector (Quarry Lakes Parkway, Phases 3 And Project, City Project No. 18-04, In The Amount Of $2,087,600, And Appropriating $208,760 From The Unassigned Fund Balance Of The SB-1 Fund
City Manager Malloy presented the staff report, providing a design status update on Phases 3 and 4 for the Quarry Lakes Parkways (East West Connector), which included an update on the drainage system. City Manager Malloy responded to questions from Council. Councilmembers provided comment.

It was moved by Vice Mayor Patiño and seconded by Councilmember Gacoscos to adopt Resolution No. 6046-22 authorizing the City Manager to execute a Consulting Service Agreement with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Final for East West Connector (Quarry Lakes Parkway, Phases 3 and 4), City Project No. 18-04, in the amount of $2,087,600 and appropriate $208,760 from the unassigned fund balance of SB-1 fund.

The motion was carried by a unanimous roll call vote.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS – None

11. SCHEDULED ORAL COMMUNICATION – None

12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño reported on his attendance of meetings held by the Waste Management Authority and the League of California Board of Directors.

City Council/RSA Agenda 52 Tuesday, December 13, 2022
Councilmember Gacoscos reported on her attendance of a meeting of the Housing Authority of the County of Alameda.

Councilmember Duncan reported on her attendance of a meeting of the Union City Parks and Recreation Commission.

Mayor Dutra-Vernaci reported on her attendance of meetings of the Alameda Transportation Commission and the Metropolitan Transportation Commission.

13. GOOD OF THE ORDER
Vice Mayor Patiño reported on his attendance of Coffee with Cops and the National League of Cities conference held in Kansas City, MO.

Vice Mayor Patiño made a statement about the recent mass shooting at Club Q in Colorado Springs, CO, urging everyone to renew their commitment to fight hate in all its forms.

Councilmember Gacoscos wished everyone a Happy Thanksgiving.

Councilmember Singh requested an update on the transition of streetlights to LED lights. Public Works Director Marilou Ayupan provided a brief update, stating the RFP process is anticipated to start next year.

Councilmember Duncan wished everyone a Happy Thanksgiving and thanked Vice Mayor Patiño for his comments against hate, noting that she is from Colorado Springs.

Citing a recent editorial she had read, Mayor Dutra-Vernaci relayed that the amount allotted to Alameda County from the state’s Homelessness Prevention Funds will not be enough to make a serious impact due to the state’s financial realities. It was reported that Alameda County need $2.5 billon to eliminate homelessness by 2026, yet was only receiving $23 million in the next round of funding.

Mayor Dutra-Vernaci stated it was time to start the process of updating and amending the City Council Norms and Guidelines, and requested staff conduct research on recent actions taken by the City of Brentwood regarding the same.

14. CLOSED SESSION – None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:10 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 53 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION SETTING THE 2023 CALENDAR YEAR CITY

COUNCIL MEETING SCHEDULE
Staff recommends that the City Council adopt the attached Resolution setting the 2023 calendar year City Council meeting schedule.

STRATEGIC PLAN ALIGNMENT
There is no Strategic Plan Alignment.

BACKGROUND
Per Union City Municipal Code Chapters 2.04.010 and 2.04.040, the City Council shall, by resolution, set the day and time of regular meetings of the City Council.

DISCUSSION
Regular City Council Meetings are held at 7:00 p.m. on the second and fourth Tuesday of every month. The City Council has adopted the practice of canceling one of its regularly scheduled meetings in August to accommodate family vacations, and its second meeting in December due to the recognized holiday furlough.

FISCAL IMPACT
There are no fiscal impacts.

RECOMMENDATION
Staff recommends the City Counciladopt the Resolution setting the 2023 Calendar Year City Council meeting schedule.

City Council/RSA Agenda 54 Tuesday, December 13, 2022
Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 55 Tuesday, December 13, 2022
RESOLUTION NO. ____-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY SETTING THE 2023 CALENDAR YEAR CITY COUNCIL MEETING

SCHEDULE
WHEREAS, Chapters 2.04.010 and 2.04.040 of the Union City Municipal Code allow the City Council to establish dates of regular and special meetings; and WHEREAS, regular City Council Meetings are held at 7:00 p.m. on the second and fourth Tuesday of every month; and
WHEREAS, the City Council has adopted the practice of canceling one of its regularly scheduled meetingsin August to accommodate family vacations, and its second meeting in December due to the recognized holiday furlough.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby sets the 2023 calendar year City Council meeting schedule as follows:

Regularly Scheduled Meetings Canceled Meetings Special Meetings January 10, 24 August 22 TBD
February 14, 28 December 26
March 14, 28
April 11, 25
May 9, 23
June 13, 27
July 11, 25
August 8
September 12, 26
October 10, 24
November 14, 28
December 12
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________________

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Council/RSA Agenda 56 Tuesday, December 13, 2022
City Clerk City Attorney
City Council/RSA Agenda 57 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION APPOINTING INDIVIDUALS TO SERVE ON THE

HUMAN RELATIONS COMMISSION AND THE PLANNING

COMMISSION
A Resolution has been prepared to confirm the Mayor's appointment of Deepti Garg to serve as Commissioner on the Human Relations Commission and Amandeep Sandhu to serve as Commissioner on the Planning Commission.

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

BACKGROUND
On November 14, 2022 Commissioner Shamsa Rafay Masood resigned her position on the Human Relations Commission prior to her term expiration.

On November 21, 2022 Commissioner Scott Sakakihara resigned his position on the Planning Commission prior to his term expiration.

A Notice of Unscheduled Vacancy was posted in accordance with Government Code Section 54973.

DISCUSSION
Board, commission, and committee members are appointed by the Mayor with approval of the City Council.

At the request of Mayor Dutra-Vernaci, a Resolution has been submitted for approval of the following appointments:

Deepti Garg to serve as Human Relations Commissioner for a four-year term expiring December 13, City Council/RSA Agenda 58 Tuesday, December 13, 2022
2026
Amandeep Sandhu to serve as Planning Commissioner for a four-year term expiring December 13, 2026

FISCAL IMPACT
There is no fiscal impact. Members of the Human Relations Commission receive a $39 stiped for each meeting actually attended. Planning Commissioners receive a $155 stipend for each meeting actually attended.

RECOMMENDATION
Staff recommends City Council adopt the Resolution as submitted, confirming the Mayor's appointments of individuals to serve on the Human Relations Commission and Planning Commission.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, CIty Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 59 Tuesday, December 13, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPOINTING DEEPTI GARG TO SERVE ON THE HUMAN RELATIONS

COMMISSION AND AMANDEEP SANDHU TO SERVE ON THE PLANNING

COMMISSION
WHEREAS, on November 14, 2022 Commissioner Shamsa Rafay Masood resigned her position on the Human Relations Commission prior to her term expiration; and WHEREAS, on November 21, 2022 Commissioner Scott Sakakihara resigned his position on the Planning Commission prior to his term expiration; and WHEREAS, a Notice of Unscheduled Vacancy for each was posted in accordance with Government Code Section 54973; and
WHEREAS, board, commission, and committee members are appointed by the Mayor with approval of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT, Deepti Garg is appointed as Human Relations Commissioner for a four-year term expiring on December 13, 2026.

BE IT FURTHER RESOLVED THAT, Amandeep Sandhu is appointed as Planning Commissioner for a four-year term expiring on December 13, 2026 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 60 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE CONSULTING

SERVICES AGREEMENT WITH SWINERTON BUILDERS DBA

SWINERTON MANAGEMENT & CONSULTING, IN THE AMOUNT OF
$50,000, FOR INSPECTION SERVICES, FOR A TOTAL CONTRACT
AMOUNT OF $200,000
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Second Amendment the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852), in the amount of $50,000, for inspection services, for a total contract amount of $200,000.

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

Goal D: Create a healthy, sustainable community and maintain and improve the City’s Infrastructure.

BACKGROUND
On March 7, 2022, Union City entered into a Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852) to provide inspection services in the amount of $50,000 (as two Public Works Inspector positions were vacant). With several significant concurrent construction projects, funds for the contract were rapidly depleting within the first few months. As such, staff went to City Council on May 10, 2022, to request an amendment increasing the contract amount by $100,000, to a total amount of $150,000. City Council passed Resolution No. 5934-22, approving the First Amendment to the Consulting Services Agreement (First Amendment) (C5852b).

There continues to be significant construction projects underway, with several fiber optic infrastructure installations by communication companies throughout the City, as well as several PG&E gas line replacement City Council/RSA Agenda 61 Tuesday, December 13, 2022
safety projects. A major PG&E underground electrical project planned along Decoto Road that was scheduled to begin in May 2022 (and was expected to be completed by the end of the year) has undergone significant delays, and is currently in progress, expected to start sometime in early 2023.

DISCUSSION
City oversight is required to monitor construction of these projects to ensure they meet City engineering standards and are built to City specifications. Although most staff inspection positions have been filled since the First Amendment, the volume of ongoing projects and the need for contingency support in case of staffing shortages due to illness or time off require that we continue to augment our construction inspection services to ensure that the integrity of the City’s infrastructure within the public right-of-way is maintained. These include inspection and monitoring of City pavement, sidewalk, utilities, storm drains, landscaping, traffic signal equipment, and other infrastructure projects.

The Second Amendment to the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting, in the amount of $50,000, will allow for the continued provision of inspection services for the Public Works Engineering Division.

FISCAL IMPACT
The total cost of the Second Amendment to the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting for Inspection Services is $50,000 and will be funded with salary savings from the unfilled Public Works Inspector position:

FUND ACCOUNT NUMBER AMOUNT
General Fund 1110-3104-33004-51110 $30,000
Street Lights/Landscaping Fund 2591-3104-33004-51110 $20,000 Total $50,000

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852), in the amount of $50,000, for inspection services, for a total contract amount of $200,000.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

City Council/RSA Agenda 62 Tuesday, December 13, 2022
Description Type
Attachment 1 - First Amendment to CSA Attachment
Resolution Resolution
City Council/RSA Agenda 63 Tuesday, December 13, 2022
Second Amendment of the Consulting Services Agreement
Swinerton Builders dba Swinerton Management & Consulting

SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5852)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 1st day of January 2023 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Swinerton Builders dba Swinerton Management & Consulting, ("Consultant"), (together sometimes referred to as “Parties”) is entered into as of the date executed below.

W I T N E S S E T H:

WHEREAS, on March 7, 2022, the Parties entered into a Consulting Services Agreement for inspection services (C5852) (“Agreement”) wherein the Consultant will provide the City with services for the Public Works Department; and
WHEREAS, on May 1, 2022, the Parties entered into a First Amendment to the Consulting Services Agreement (C5852b) (“First Amendment”), increasing the maximum compensation by $100,000, to a sum not to exceed $150,000; and
WHEREAS, the Parties desire to amend the Agreement, as previously amended by the First Amendment, to further extend the Term of Services and increase the total amount of compensation by $50,000, to a sum not to exceed $200,000; and
WHEREAS, the City and Consultant desires to enter into this Second Amendment.

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

1. The “Term of Services” as set forth in the first sentence of Section 1.1 is hereby extended to December 31, 2023.

2. Section 2 “COMPENSATION” of the agreement is hereby amended to increase the total amount of compensation by Fifty Thousand Dollars ($50,000). The total compensation under the agreement shall not exceed a total contract amount of Two Hundred Thousand Dollars ($200,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Two Hundred Thousand Dollars ($200,000) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement.

3. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.

City Council/RSA Agenda 64 Tuesday, December 13, 2022
Second Amendment of the Consulting Services Agreement
Swinerton Builders dba Swinerton Management & Consulting

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

THE CITY OF UNION CITY SWINERTON BUILDERS DBA SWINERTON

MANAGEMENT & CONSULTING
By By
Joan Malloy Jeffrey Gee, AIA
City Manager Vice President
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 65 Tuesday, December 13, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH

SWINERTON BUILDING DBA SWINERTON MANAGEMENT &
CONSULTING (C5852), IN THE AMOUNT OF $50,000, FOR INSPECTION SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $200,000
WHEREAS, on March 7, 2022, Union City entered into a Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852), to provide Inspection Services, in the amount of $50,000; and WHEREAS, on May 10, 2022, the City Council approved the First Amendment to the Consulting Services Agreement with Swinerton Builders (C5852b), in the amount of $100,000; and
WHEREAS, the Second Amendment to the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (Second Amendment), in the amount of $50,000, will allow for continued Construction Inspection Services to assist the Public Works Engineering Division with the CIP and development projects, grading and encroachment permits; and
WHEREAS, the Second Amendment, in the amount of $50,000, will be funded with salary savings in the following funds: General Fund - Account No. 1110-3104- 33004-51110 - $30,000 and Street Lights/Landscaping Fund - Account No. 2591-3104- 33004-51110 - $20,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City herby approves the Second Amendment to the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852), to provide Inspection Services, in the amount of $50,000, for a total contract amount of $200,000; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with Swinerton Builders dba Swinerton Management & Consulting (C5852).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13
th day of December 2022, by the following
vote:

City Council/RSA Agenda 66 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE CONSULTING

SERVICES AGREEMENT WITH RAIL SURVEYORS AND ENGINEERS,
INC. (RSE), IN THE AMOUNT OF $75,000, TO PROVIDE ENGINEERING

SERVICES FOR THE PEDESTRIAN AT-GRADE CROSSING PROJECT,
CITY PROJECT NO. 14-14, FOR A TOTAL CONTRACT AMOUNT OF
$175,000
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (RSE), in the amount of $75,000, to provide engineering services for the Pedestrian At-Grade Crossing Project, City Project No. 14-14, for a totalcontract amount of $175,000.

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

Goal C, Strategy 2: Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station, and completion of the pedestrian rail crossing and the sale and development of City-owned land.

BACKGROUND
On November 13, 2014, the City Council adopted Resolution No. 4654-14, which authorized the City Manager to execute Project Funding Agreement (PFA) No. A13-0058 with Alameda County Transportation Commission (Alameda CTC) in the amount of $5,730,000 of Vehicle Registration Fee (VRF) Grant Funds for the BART Station, Phase 2 Project and Pedestrian Railroad At-Grade Crossing, City Project No. 14-14.

The total cost for this project was estimated at $16,914,974 and funding was supplemented by other federal and local grants. The Union City BART Phase 2A project was completed almost 2 years ago. The remaining City Council/RSA Agenda 67 Tuesday, December 13, 2022
budget in this Capital Grant Fund (Fund 4100) account is approximately $270,000 for design and construction of the BART Pedestrian At-Grade Crossing, City Project No. 14-14.

On July 9, 2019, the City Council approved Resolution No. 5503-19, which authorized the City Manager to enter into a Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with Union Pacific Railroad to construct a public pedestrian at-grade crossing on the Oakland Subdivision located adjacent to the Union City BART Station.

With the completion of Phase 2A improvements to the Union City BART Station, the at-grade crossing will provide Station District housing developments and future rail service with pedestrian and bicycle access to the Union City BART station across the Union Pacific Railroad (Oakland Subdivision) tracks. Currently, the only at-grade railroad crossing is on the existing Decoto Road sidewalk to the north.

On May 9, 2019, the City entered into a Consulting Services Agreement (C5320) with Rail Surveyors and Engineers, Inc. (RSE), in the amount of $40,000, to provide engineering design review and support for the Pedestrian At-Grade Pedestrian Crossing Project, City Project No. 14-14.

On June 8, 2021, the City Council, under Resolution No. 5778-21, adopted the Biennial Operating Budget for Fiscal Years 2021-2022 and 2022-2023 and adopted the Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2021-2022 to 2025-2026, which included $6.5 million in the Public Improvement Fund (Fund 4160) for Pedestrian At-Grade Crossing, City Project No. 14-14
On December 14, 2021, the City Council, under Resolution No. 5865-21, authorized the City Manager to enter into the First Amendment to the Consulting Services Agreement, C5850, with RSE, in the amount of $60,000, for engineering services to support the Pedestrian At-Grade Crossing Project, City Project No. 14-14, for a totalcontract amount of $100,000. This work allowed RSE to prepare preliminary engineering plans according to Union Pacific Railroad’s standards, as well as update the railroad signal preemption calculations at these atgrade crossings.

DISCUSSION
The Pedestrian At-Grade Crossing Project, City Project No. 14-14, includes BART Pedestrian At-Grade Crossing improvements to the Decoto Road At-Grade Crossing, closure of “I” Street along the Oakland Subdivision track next to the BART trackway. The Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with Union Pacific Railroad also includes additional at-grade crossing improvements at the following locations below and as identified on Exhibit G (See Attachment 1) of the Union Pacific Agreement:

Oakland Subdivision: Decoto Road Crossing (MP26.2) – 11 th Street
Oakland Subdivision: Decoto Road Crossing (MP26.2) – Station Way Niles Subdivision: Whipple Road Crossing (MP25.60) – Ithaca Street Niles Subdivision: Whipple Road Crossing (MP25.60) – Railroad Ave Coast Subdivision: Smith Street Crossing (MP25.20) – Tidewater Drive For the past several months, Union City and Union Pacific Railroad have been meeting monthly to discuss design submittals, preemption calculations, Union Pacific’s review comments and the anticipated project schedule with the focus on the other public at-grade crossing improvement locations listed in Exhibit G. Union Pacific has clarified that these public at-grade crossing improvements be included in the construction package for the Pedestrian At-Grade Crossing Project, City Project No. 14-14.

However, given the number of comments received and the unanticipated number of plan-check iterations City Council/RSA Agenda 68 Tuesday, December 13, 2022
needed, this Second Amendment, in the amount of $75,000, will allow RSE to review and respond to Union Pacific’s review comments, update engineering at-grade exhibits and revise the railroad time and preemption calculations required for Union Pacific’s design approval. Other tasks include: coordination with City staff, Union Pacific, HDR and ROMA design teams; attending project meetings; preparing meeting notes; and preparing the high-level project cost estimate, including estimates for Union Pacific’s design, oversight, and construction activities to complete the Pedestrian At-Grade Crossing project and other public at-grade crossing improvements.

RSE’s original Consulting Services Agreement was in the amount of $40,000, and the First Amendment, in the amount of $60,000, brought the total contract amount to $100,000. The current request for the Second Amendment, in the amount of $75,000, will increase the totalcontract amount to $175,000.

FISCAL IMPACT
The Second Amendment, in the amount of $75,000, will be funded with monies available in Account No. 4160- 3199-91414-54110 (Public Improvement Fund – PW General – Pedestrian At-Grade Crossing Project – Professional Services).

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (RSE), in the amount of $75,000, to provide engineering services for the Pedestrian At-Grade Crossing Project, City Project No. 14-14, for a totalcontract amount of $175,000.

Prepared by:

Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Exhibit G, PublicAt-Grade Crossing Improvements Attachment Attachment 2 - Second Amendment Attachment
Resolution Resolution
City Council/RSA Agenda 69 Tuesday, December 13, 2022
City Council/RSA Agenda 70 Tuesday, December 13

SECOND AMEMDMENT TO THE

CONSULTING SERVICES AGREEMENT
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 13th day of December 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Rail Surveyors and Engineers, Inc. (RSE) ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on May 9, 2019, the Parties entered into a Consulting Services Agreement (C5320) in the amount of $40,000 for Pedestrian At-Grade Crossing Project, City Project No. 14-14 (the “Agreement”) wherein the Consultant agreed to provide engineering services for the City; and WHEREAS, on December 14, 2021, the Parties entered into a First Amendment to the Consulting Services Agreement (C5850) for Pedestrian At-Grade Crossing Project, City Project No. 14-14 (the “First Amendment”) to extend the term, amend the scope of services, and increase the compensation by $60,000; and
WHEREAS, the Parties desire to further amend the Agreement to further clarify the scope of services to be provided by the Consultant and increase the compensation to be paid by City to the Consultant to reflect the change in the scope of services; and WHEREAS, the City and Consultant desires to enter into this Second Amendment.

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

1. The term of the Agreement as set forth in the first sentence of Section 1.1, “Term of Services”, is hereby extended to December 31, 2023.

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

3. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Seventy-Five Thousand Dollars ($75,000) identified in Exhibit B. The total compensation under the Agreement, including this Amendment, shall not exceed a total amount of One Hundred Seventy-Five Thousand Dollars ($175,000). The first sentence of Section 2 is hereby amended to read as follow:

City hereby agrees to pay Consultant a sum not to exceed One Hundred Seventy-Five Thousand Dollars ($175,000) notwithstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

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

City Council/RSA Agenda 71 Tuesday, December 13, 2022
Second Amendment to the Contractual Services Agreement
Rail Surveyors and Engineers, Inc.

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

THE CITY OF UNION CITY RAIL SURVEYORS AND ENGINEERS, INC.

By By
Joan Malloy, Phil Leong
City Manager President
Attested:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 72 Tuesday, December 13, 2022
Second Amendment to the Contractual Services Agreement
Rail Surveyors and Engineers, Inc.

EXHIBIT A

SECOND AMENDMENT
Union Pacific (UP) Railroad At-Grade Crossing Safety Improvements UP Mitigation Improvements related to
BART Pedestrian At-Grade Crossing, City Project No. 14-14

SCOPE OF SERVICES
RSE has provided engineering design services in support of Union City’s at‐grade crossings safety improvements as identified in Exhibit G, Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with Union Pacific (UP) Railroad Company as noted below.

City Council/RSA Agenda 73 Tuesday, December 13, 2022
Second Amendment to the Contractual Services Agreement
Rail Surveyors and Engineers, Inc.

The preemption calculations and engineering exhibits have been submitted to UP for review and comments. UP has provided extensive review comments. This Second Amendment will allow RSE to incorporate and finalize all UP comments for approval and includes the following task:
 Coordination with City Staff and Consultant Team (HDR and ROMA)  Review of UP comments
 Coordination with UP for clarification of engineering comments  Prepare Response to UP Comments
 Update of At-Grade Crossing Exhibits
 Update of preemption and timing calculations
 Attend project meetings and prepare meeting minutes
 Prepare Project Cost Estimate including estimated UP costs for budget purposes

SCHEDULE
RSE Prepares Response to UP Comments, Resubmit Exhibits/Calculations Jan. 27, 2023 UP Provide Final Review Comments Feb. 24, 2023
RSE Finalizes Exhibits and Calculations Mar. 24, 2023
RSE Prepare Project Cost Estimate (for City Budget) May 1, 2023

KEY STAFF
Name Title
Phil Leong Project Manager
Jorge Sanchez Civil Engineer, Grade Crossing
Jason Stack Traffic Engineer, Traffic Preemption
City Council/RSA Agenda 74 Tuesday, December 13, 2022
Second Amendment to the Contractual Services Agreement
Rail Surveyors and Engineers, Inc.

EXHIBIT B

SECOND AMENDMENT

COST PROPOSAL
RSE will perform the scope of services for a lump sum fee of $75,000.

Monthly invoices and progress reports will be sent to the City each month by the 15th day of the following month according to the project completion percentage.

City Council/RSA Agenda 75 Tuesday, December 13, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
RAIL SURVEYORS AND ENGINEERS, INC. (RSE),
IN THE AMOUNT OF $75,000, TO PROVIDE ENGINEERING SERVICES FOR PEDESTRIAN AT-GRADE CROSSING, CITY PROJECT NO. 14-14, FOR A TOTAL CONTRACT AMOUNT OF $175,000
WHEREAS, the mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation programs and projects that expand access and improve mobility to foster a vibrant and livable Alameda County.

Alameda CTC coordinates transportation efforts; programs local, regional, state, and federal funding; and delivers projects and programs including those approved by voters in Alameda County transportation expenditure plan (TEP) for Measure B, Measure BB and Vehicle Registration Fee (VRF) funds; and
WHEREAS, on November 13, 2014, the City Council adopted Resolution No. 4654-14 which authorized the City Manager to execute a Project Funding Agreement (PFA) No. A13-0058 with Alameda CTC in the amount of $5,730,000 of VRF Grant Funds that contributed to the BART Station, Phase 2 Project and Pedestrian Railroad AtGrade Crossing, City Project No. 14-14. The total cost for this project was estimated at $16,914,974 and funding was supplemented with other federal and local grants; and WHEREAS, on May 9, 2019, the City entered into a Consulting Service Agreement (C5320) with Rail Surveyors and Engineers, Inc. (RSE), in the amount of $40,000, to provide engineering design services for the Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, on July 9, 2019, the City Council of Union City approved Resolution No. 5503-19, which authorized the City Manager to enter into an agreement with Union Pacific Railroad to construct a public at-grade crossing on the Oakland Subdivision that would provide direct pedestrian access to the east side of Union City BART Station; and
WHEREAS, this Union Pacific Railroad agreement identifies additional improvements at existing at-grade railroad crossings at various locations throughout the City including at the Smith Street at-grade crossing (Coast Subdivision), Whipple Road at-grade crossing (Niles Subdivision), and Decoto Road at-grade crossing (Oakland Subdivision); and
WHEREAS, the final design of the BART Pedestrian At-Grade Crossing, City Project No. 14-14, is led by HDR, Inc. for the civil engineering improvements and by ROMA Collaborative for the urban design coordination with the recently completed Union City BART Station, Phase 2A Project; and
City Council/RSA Agenda 76 Tuesday, December 13, 2022
WHEREAS, on June 8, 2021, the City Council, under Resolution No. 5778-21, adopted the Biennial Operating Budget for Fiscal Years 2021-2022 and 2022-2023 and adopted the Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2021-2022 to 2025-2026, which included $6.5 million in the Public Improvement Fund (Fund 4160) for Pedestrian At-Grade Crossing, City Project No. 14-14; and WHEREAS, on December 14, 2021, the City Council, under Resolution No. 5865-21, authorized the City Manager to execute the First Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (RSE), in the amount of $60,000, which allowed RSE to prepare railroad improvement plans according to Union Pacific’s railroad standards as well as update the railroad signal preemption calculations at other Union Pacific railroad at-grade crossing locations along the Oakland Subdivision, the Niles Subdivision and the Coast Subdivision identified as Exhibit G, Public At-Grade Crossing Improvements in the Union Pacific Railroad Agreement (Exhibit A); and WHEREAS, Union Pacific Railroad has clarified that the other railroad at-grade crossings on Decoto Road, Whipple Road and Smith Street will need to be included in the construction package for the Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, the Second Amendment to the Consulting Services Agreement will allow RSE to continue railroad engineering design services including incorporating and responding to Union Pacific’s comments, updating at-grade crossing exhibits, and revising railroad signal preemption analyses required for Union Pacific’s approval for the Pedestrian At-Grade Crossing Project, City Project No. 14-14; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (RSE), in the amount of $75,000, to provide engineering services for the Pedestrian At-Grade Crossing Project, City Project No. 14-14, for a total contract amount of $175,000; and BE IT FURTHER RESOLVED that the additional $75,000 will be funded with monies available in Account No. 4160-3199-91414-54110 (Public Improvement Fund – PW General – Pedestrian At-Grade Crossing Project – Professional Services).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13
th day of December 2022, by the following
vote:

City Council/RSA Agenda 77 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION

AND ASSOCIATED GRANT DOCUMENTS FOR CALRECYCLE BEVERAGE

CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM

ADMINISTERED BY THE STATE OF CALIFORNIA, DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY
Staff recommends that the City Council adopts a resolution authorizing the Public Works Department to submit the resolution as part of the application requirement and allow the City Manager, or their designee, to execute all grant documents for the Beverage Container Recycling City/County Payment Program, which is administered by the State of California, Department of Resources Recycling and Recovery (Attachment 1) and authorize staff to amend the FY 2022-2023 budget accordingly if the application is approved.

STRATEGIC PLAN ALIGNMENT
Participation in the Beverage Container Recycling City/County Payment Program will enable continued Public Works efforts in support of environmental sustainability and park maintenance as stated in Goal D, Environmental Sustainability and Infrastructure, Strategy 11.

BACKGROUND
The California Department of Resources Recycling and Recovery (CalRecycle) administers the Beverage Container Recycling City/County Payment Program to provide grants for beverage container recycling and litter cleanup activities. The goal of this program is to reach and maintain an 80 percent recycling rate for all California refund value beverage containers -- aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. Public Works operates its own Beverage Container Recycling and Litter Abatement Program (Program) and has used the CalRecycle grant funds to purchase the necessary equipment to support Program operations over the last several years. The Program improves City parks and public areas by removing beverage containers from City park trash containers (thus diverting recycling materials from landfill) and providing for litter abatement throughout the City. Public Works has consistently applied for this CalRecycle grant on a yearly basis and has received an average annual financial benefit of $18,000.

City Council/RSA Agenda 78 Tuesday, December 13, 2022

DISCUSSION
For several years, Public Works has made use of CalRecycle grant funds through the Beverage Container Recycling City/County Payment Program to support their Beverage Container Recycling and Litter Abatement Program. The work of the Program is performed by Public Works field crew personnel and is supplemented by individuals in current work furlough program assigned by the Alameda County Sheriff’s Department (currently the work furlough program is suspended due to COVID-19). The recycling materials collected from City park trash containers are diverted from landfill and processed at Tri-CED; the Program also provides litter abatement throughout the City.

FISCAL IMPACT
Authorizing Public Works to submit the resolution as part of the application for the Beverage Container Recycling City/County Payment Program will enable the City to continue receiving an average annual benefit of $18,000 in grant dollars to support the Beverage Container Recycling and Litter Abatement Program.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the Public Works Department to submit the resolution as part of the application requirement and allow the City Manager, or their designee, to execute all grant documents for the Beverage Container Recycling City/County Payment Program funding, which is administered by the State of California, Department of Resources Recycling and Recovery, and authorize staff to amend the FY 2022-2023 budget accordingly if the application is approved.

Prepared by:

Jesus Banuelos, Grounds Supervisor
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Funding Request Attachment
Resolution Resolution
City Council/RSA Agenda 79 Tuesday, December 13, 2022
City Council/RSA Agenda 80 Tuesday, December 13, 2022
City Council/RSA Agenda 81 Tuesday, December 13, 2022
RESOLUTION NO. -22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING SUBMISSION OF AN APPLICATION FOR CALRECYCLE

BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM

ADMINISTERED BY THE STATE OF CALIFORNIA, DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY
WHEREAS, Public Resources Code sections 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various payment programs to make payments to qualifying jurisdictions; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment program; and WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City authorizes the submittal of an application to CalRecycle for the Beverage Container Recycling City/County Payment Program Administered by the State of California, Department of Resources Recycling and Recovery; and
BE IT FURTHER RESOLVED that the City Manager, or their designee, is hereby authorized and empowered to execute in the name of the City of Union City all documents necessary to secure and implement payment; and
BE IT FURTHER RESOLVED that payments, if received, will be deposited into the Beverage Container Recycling Fund, Account Number 2080-92209-44171 (BCR Fund – FY 2022 -2023 BCR Payment Program – Misc. State Grants) and the revenue projections in Fund 2080 will also be amended accordingly. Additionally, if the application is approved, the funds will be appropriated to Account Number 2080-3199-92209-XXXXX (BCR Fund – PW General – FY 2022-2023 BCR Payment Program).

BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 2022, by the following vote:

City Council/RSA Agenda 82 Tuesday, December 13, 2022
AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

____

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _____________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney

City Council/RSA Agenda 83 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TRANSFER OF $162,820 FROM

THE KENNEDY PARKING LOT REHABILITATION PROJECT TO THE OLD

ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY
PROJECT NO. 21-13
Staff recommends that the City Council adopt a resolution authorizing the transfer of $162,820 from the Kennedy Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.

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

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

BACKGROUND
On May 11, 2021, under Resolution No. 5755-21, the City Council approved the 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan and authorized the submittal of the 2021-2022 CDBG Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) and the execution of all documents and certifications necessary to secure and award funding to the City. Approximately $347,488 of CDBG grant funds (Fund 2310) were programmed for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13. The City was later notified by HUD that additional CDBG funds were available for FY 2021-2022, in the amount of $8,656, and those funds were allocated to this project as well, for total available CDBG funding of $356,144.

On June 22, 2021, under Resolution No. 5788-21, the City Council approved an application for Per Capita Grant Funds for park improvements. The City’s successful application resulted in two grant awards – one for $177,952 and one for $44,868, totaling $222,820 in grant funds from State Park Proposition 68 (City Fund 2550 - Special Parks Fund). These grant funds have also been programmed for the Old Alvarado/Cesar Chavez Parks City Council/RSA Agenda 84 Tuesday, December 13, 2022
Improvement Project, City Project No. 21-13. At the same meeting, under Resolution No. 5789-21, the City Council authorized the City Manager to execute a Consulting Services Agreement with Gates + Associates, in an amount not to exceed $140,000, to provide design services for the Old Alvarado/Cesar Chavez Parks Improvement Project using CDBG funding (Fund 2310).

Resolution No. 5924-22, passed by City Council on April 26, 2022, approved the allocation of an additional $556,130 of FY 2022-2023 CDBG funds to cover the budget shortfall of the construction contract for the Old Alvarado/Cesar Chavez Parks Improvement Project, which was awarded to Guerra Construction Group simultaneously in the same resolution. Resolution No. 5924-22 also designated an alternate funding source, the City’s Special Parks Funds (Fund 2550), as a contingency funding source should the FY 2022-2023 CDBG funds received be less than projected and provided for staff to return to City Council to request an appropriation of Special Parks Funds (Fund 2550) to cover the funding gap.

DISCUSSION
The unforeseen and unprecedented federal stimulus spending in response to the pandemic dramatically affected the distribution of FY 2022-2023 CDBG funding and the amount awarded to the City fell short of the projections. With the Old Alvarado/Cesar Chavez Parks Improvement Project nearing completion, staff had planned to seek an appropriation of Special Parks Funds (Fund 2550) to cover the shortfall as outlined in Resolution No. 5924-22.

However, the available funds in the Special Parks Funds (Fund 2550) are not sufficient to cover the shortfall of FY 2022-2023 CDBG funds.

Staff is requesting that funds be transferred from the future Kennedy Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project. There are sufficient funds available in the Kennedy Parking Lot Rehabilitation Project to close the funding gap, which includes an additional contingency to cover unforeseen costs that may arise with the satisfactory completion of this project.

FISCAL IMPACT
The budget shortfall caused by the decreased amount of FY 2022-2023 CDBG funds received by the City is $132,820. Staff requests a transfer of $162,820 from the Kennedy Parking Lot Rehabilitation Project to cover the $132,820 shortfall, plus an additional $30,000 to cover any unforeseen contingencies. It is not anticipated that all the originalconstruction contract funds will be exhausted; however, staff is proceeding cautiously to ensure that the project can be completed if any unforeseen costs arise.

There are sufficient funds in the Kennedy Parking Lot Rehabilitation Project (Account 2550-3199-99999-54111) for the requested transfer to the Old Alvarado/Cesar Chavez Parks Improvement Project (Account 2550-3199- 92113-54111).

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the transfer of $162,820 from the Kennedy Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.

Prepared by:

Trieu Tran, Civil Engineer III
City Council/RSA Agenda 85 Tuesday, December 13, 2022
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 86 Tuesday, December 13, 2022
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE TRANSFER OF $162,820 FROM THE KENNEDY PARKING

LOT REHABILITATION PROJECT TO THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13
WHEREAS, on May 11, 2021, under Resolution No. 5755-21, the City Council approved the 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan and authorized the submittal of the 2021-2022 CDBG Action Plan to the U.S. Department of Housing and Urban Development (HUD) and the execution of all documents and certifications necessary to secure and award funding to the City. Approximately $347,488 of CDBG grant funds were programmed for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13; and WHEREAS, the City was later notified by HUD that additional CDBG funds were available for FY 2021-2022, in the amount of $8,656, and those funds were allocated to this project as well, for total available 2021-2022 CDBG funding of $356,144; and WHEREAS, on June 22, 2021, under Resolution No. 5788-21, the City Council approved an application for Per Capita Grant Funds for park improvements. The final award of State Park Prop 68 Per Capita Grant Funds was $222,820, and those funds have been programmed for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13; and WHEREAS, a funding requirement for the FY 2021-2022 and FY 2022-2023 CDBG funds is:
“The CDBG entitlement program rule for timeliness is that 60 days prior to the end of the program year, a grantee cannot have more than 1.5 times its annual allocation sitting in its line of credit at the U.S. Treasury.” The Old Alvarado/Cesar Chavez Parks Improvement Project constitutes approximately 41% of the City's CDBG allocation for FY 2021-2022. If the funding is not spent by May 1, 2022, the City runs the risk of having the Department of Housing & Urban Development withhold future grants due to the City having more than 1.5 times its annual allocation in its line of credit; and
WHEREAS, on April 26, 2022, under Resolution No. 5924-22, the City Council awarded the construction contract for the Old Alvarado/Cesar Chavez Parks Improvement Project to Guerra Construction Group, in the amount of $1,014,111, and with a total construction budget of $1,437,274, which included an allocation of an additional $556,130 of projected FY 2022-2023 CDBG funds; and
WHEREAS, Resolution No. 5924-22 also designated an alternate funding source, the City’s Special Parks Funds (Fund 2550), as a contingency funding source should the FY 2022- 2023 CDBG funds received be less than projected and provided for staff to return to City Council to request an appropriation of Special Parks Funds (Fund 2550) to cover the funding gap; and City Council/RSA Agenda 87 Tuesday, December 13, 2022
WHEREAS, the unforeseen and unprecedented federal stimulus spending in response to the pandemic dramatically affected the distribution of CDBG funding for FY 2022-2023 and the amount awarded to the City fell short of the projections; and WHEREAS, the Old Alvarado/Cesar Chavez Parks Improvement Project is nearing completion; therefore, with the shortfall in the FY 2022-2023 CDBG funds, staff had planned to request an appropriation of the City’s Special Parks Funds (Fund 2550) to complete the project and to pay the remaining amount of the construction contract, including an additional contingency to cover any unforeseen costs, for the satisfactory completion of the remaining work; and WHEREAS, there are not sufficient funds in the City’s Special Parks Fund (Fund 2550) to cover the shortfall of FY 2022-2023 CDBG funds; and
WHEREAS, staff is requesting that funds be transferred from the Kennedy Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the transfer of $162,820 from the Kennedy Parking Lot Rehabilitation Project (Account 2550-3199-99999-54111) to the Old Alvarado/Cesar Chavez Parks Improvement Project (Account 2550-3199-92113-54111), City Project No. 21-13. .

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 2022, by the following vote:

City Council/RSA Agenda 88 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 11 TO EXTEND THE UNION CITY

TRANSIT FIXED-ROUTE AND DEMAND RESPONSE OPERATIONS AND

MAINTENANCE AGREEMENT WITH MV TRANSPORTATION FOR AN
ADDITIONAL THREE MONTHS THROUGH MARCH 31, 2023
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Contract Amendment No. 11 to extend the Union City Transit Fixed-Route and Demand Response Operations and Maintenance Agreement with MV Transportation for an additional three (3) months through March 31, 2023.

STRATEGIC PLAN ALIGNMENT
There is no direct alignment to the City Council’s five-year Strategic Plan.

BACKGROUND
MV has been the operations and maintenance contractor for both Union City Transit and Paratransit since July 1, 2000. MV was awarded the operations and maintenance contract again after a request for proposal (RFP) process with a contract beginning October 3, 2009. Contract optional years and subsequent extensions now expire on December 31, 2022.

On December 7, 2022, the City of Union City sent a letter to MV Transportation, Inc., specifying that it will be exercising the Section 12 Carry-Over Terms of the original agreement allowing an extension of no more than three (3) months at the base cost of the contract, see Attachment 1.

DISCUSSION
Staff is proposing to extend the operations and maintenance contract with MV for an additional three (3) months.

Staff has prepared and issued a new RFP for a long-term operations and maintenance contractor. The selection process and contract negotiations have taken longer than expected, so the extension would enable staff to complete City Council/RSA Agenda 89 Tuesday, December 13, 2022
their due diligence involved with the RFP process.

For all Fixed-Route and Demand Response services, MV is paid a monthly flat fee as wellas a variable hourly fee for the actual hours of revenue service provided. MV has agreed to continue services for three additional months with no increase to the fixed monthly fees or to the variable rate fees. Calculations in the table below for the January through March 2023 period are based on 10,500 Fixed-Route hours and 3,800 Demand Response hours. The current and proposed rates are:

FY21
(Jan-June)
FY22
(July-Dec)
FY22
(Jan-June)
FY23
(July-Dec)
FY23
(Jan-Mar)
Fixed-Route
Monthly Fixed Fee $113,538 $113,538 $118,549 $118,549 $118,549 Variable (Hourly) Rate $52.33 $54.32 $58.10 $58.10 $58.10 Demand Response
Monthly Fixed Fee $23,575 $23,575 $24,615 $24,615 $24,615 Variable (Hourly) Rate $53.88 $55.93 $59.77 $59.77 $59.77 Six Month Extension Total $2,331,096 $2,388,466 $2,533,336 $2,533,336 Three Month Extension Total $1,266,668
MV will continue to adhere to the terms of the agreement from the current agreement that was approved by City Counciland signed in June 2022.

MV has continued to provide quality service for Union City. They have continued to operate in a safe and professional manner, have been very responsive to the City’s requests and are a cooperative partner in the delivery of the City’s vital transit and paratransit services. By extending the agreement through March 31, 2023, the City will retain a responsible operator while staff completes the RFP due diligence and contract negotiations processes to award a contract for Union City Transit (Fixed-Route), Union City Paratransit (Demand Response), and the Union City Flea (Demand Response Microtransit).

FISCAL IMPACT
The totalestimated costs for Contract Amendment No. 11 through March 31, 2023 are $1,266,668. The costs are based on three (3) months of service estimated at 10,500 service hours for Union City Transit (Fixed-Route) and 3,800 service hours for Union City Paratransit (Demand Response) and Union City Flea (Demand Response Microtransit). Contract Amendment No. 11 will be funded with $965,697 from Account Number 5110-3141-34002- 54114 (Transit Fund – Transit – Transit Operations – Purchased Transportation Contract) and $300,971 from Account Number 5120-3141-34022-54114 (Paratransit Fund – Transit – Paratransit Operations – Purchased Transportation Contract). Funds for this contract were included in the FY 2022-2023 Adopted Budgets of the Transit and Paratransit Funds. There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Contract Amendment No. 11 to extend the Union City Transit Fixed-Route and Demand Response Operations and Maintenance Agreement with MV Transportation for an additional three (3) months through March 31, 2023.

Prepared by:

City Council/RSA Agenda 90 Tuesday, December 13, 2022
Stephen Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - VCarry-Over Terms Section 12 Letter to MV Attachment Attachment 2 - MVTransportation Contract Amendment No. 11 Attachment Resolution Resolution
City Council/RSA Agenda 91 Tuesday, December 13, 2022

December 7, 2022
Kevin A Klika
President and Chief Operating Officer (COO)
MV Transportation, Inc.
2711 N. Haskell Ave Suite 1500, LB-2
Dallas, TX 75204 972-391-4600
Dear Mr. Klika:

The current contractual agreement between the City of Union City and MV Transportation, Inc., for the operation and maintenance of Union City Transit expires on December 31, 2022.

A Best and Final Offer (BAFO) was received on December 2, 2022, Request for Proposal (RFP) 21-07.

The City is currently preparing the new Consulting Service Agreement with MV Transportation’s proposed Scope of Services, Exhibit A and Cost Proposal, Exhibit B for your review, and requests extending the current contract for up to an additional three (3) months pursuant to the Carry-Over Terms in Section 12 of the initial agreement from 2009.

Once you receive the draft Consulting Service Agreement, please review and provide comments through tracked changes for our City Attorney’s review and approval. Once we agree to the terms of the agreement, the City will schedule the award of the Union City’s Operations and Maintenance Project, City Project No. 21-17 shortly after an upcoming City Council meeting maybe in late January or February 2023.

In the interim, the City of Union City has prepared Contract Amendment 11 for signatures using the costs associated with Contract Amendment 10. The amendment will be approved by City Council at the December 13, 2022, meeting.

If you have any questions, please contact Steve Adams, Transit Manager, at (510) 675- 5446 or by e-mail at [email protected].

Sincerely,
Marilou Ayupan, P.E.

Public Works Director
Cc: Steve Adams, Transit Manager
City Council/RSA Agenda 92 Tuesday, December 13, 2022
CONTRACT AMENDMENT NO. 11 TO EXTEND THE UNION CITY

TRANSIT FIXED-ROUTE AND DEMAND RESPONSE OPERATIONS

AND MAINTENANCE AGREEMENT WITH MV TRANSPORTATION
FOR AN ADDITIONAL THREE MONTHS THROUGH MARCH 31, 2023
This Contract Extension to the Agreement between the City of Union City, California, hereinafter referred to as “City” and MV Transportation, Inc., hereinafter referred to as “Contractor” is dated this 13th day of December 2022.

WHEREAS, CITY and CONTRACTOR entered into a transportation services agreement on the 3rd day of October, 2009, hereinafter referred to as “Agreement”; and, WHEREAS, CITY and CONTRACTOR previously extended the Agreement through June 30, 2013, through June 30, 2016, through June 30, 2018, through June 30, 2020, through December 31, 2020, through June 30, 2021, through December 31, 2021, through June 30, 2022, and through December 31, 2022; and
WHEREAS, the current Agreement, as extended, expires on December 31, 2022; and, WHEREAS, CITY sent a letter to CONTRACTOR specifying that it will be exercising the Section 12 Carry-Over Terms of the original agreement allowing an extension of no more than three (3) months at the base cost of the contract to extend the Agreement through March 31, 2023; and
WHEREAS, CITY and CONTRACTOR wish to mutually extend the Agreement through March 31, 2023; and
WHEREAS, CONTRACTOR through a Request for Proposal (RFP) process was recently selected as the CONTRACTOR for Union City’s Operation and Maintenance Project, City Project No. 21-07 and this three (3) month extension will provide ample time for the CITY and CONTRACTOR to complete contract negotiations.

NOW THEREFORE, CITY and CONTRACTOR hereby agree that the Agreement is amended to include the following particulars only:

1. Section 2. Time Period. This term of this Agreement is extended to include the term of January 1, 2023 – March 31, 2023.

2. Section 3, Maximum Obligation, through March 31, 2023, the maximum obligation shall not exceed $1,266,668 (One Million Two Hundred Sixty-Six Thousand Six Hundred Sixty-Eight Dollars). The maximum obligation is based on a fixed monthly cost for administration, an estimated 10,500 (Ten Thousand Five Hundred) fixed-route revenue vehicle service hours and an estimated 3,800 (Three Thousand Eight Hundred) demand response revenue vehicle service hours.

City Council/RSA Agenda 93 Tuesday, December 13, 2022

3. Section 4, Price Formula, sub-section entitled Fixed-Route Service, is amended in part as follows:

Through March 31, 2023, there shall be a fixed cost payment of $118,549 (One Hundred Eighteen Thousand Five Hundred Forty-Nine Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $58.10 (Fifty-Eight Dollars and Ten Cents). The maximum obligation shall not exceed $965,697 (Nine Hundred Sixty-Five Thousand Six Hundred Ninety-Seven Dollars).

4. Section 4, Price Formula, sub-section entitled Paratransit Service, is amended in part as follows:

Through March 31, 2023, there shall be a fixed cost payment of $24,615 (TwentyFour Thousand Six Hundred Fifteen Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $59.77 (Fifty-Nine Dollars and Seventy-Seven Cents). The maximum obligation shall not exceed $300,971 (Three Hundred Thousand Nine Hundred Seventy-One Dollars).

Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect as originally executed, unless modified in writing signed by both parties.

Joan Malloy, City Manager Jamie Pierson, Chief Financial Officer CITY OF UNION CITY MV TRANSPORTATION, INC.

Date Date
Kristopher Kokotaylo, City Attorney Mark Collins, President and Chief Operating Officer
MV TRANSPORTATION, INC.

Date Date
ATTEST
Anna Brown, City Clerk
City Council/RSA Agenda 94 Tuesday, December 13, 2022
MV Transportation, Inc. 2711 N Haskell Ave | Suite 1500 | Dallas, Texas 7502 June 6, 2022
Stephen Adams
Transit Manager, Union City Transit & On Demand Response Services 34650 Seventh Street
Union City, Ca 94587
RE: Contract extension of the Operation and Management of Union City Transit and Demand Response Services (07/01/2021 Through 12/31/2022) – MV Transportation, Inc.

Dear Mr. Adams,
Please accept this letter as MV Transportation’s request to extend our contract with Union City. As you are aware, our current contract terminates on June 30, 2022, marking the end of over twenty (20) consecutive successful years of MV’s service to the Union City Community. MV Transportation is requesting that the City review and consider the extension proposals outlined below. MV also understands that current circumstances with the COVID-19 pandemic continue to make it difficult to put the operation out to bid.

With that understanding, the rates fellow reflects MV’s willingness to work with Union City through the pandemic and continue the partnership in the future.

Current Proposed
1/1/2022 -
6/30/2022
7/1/2021 -
12/31/2022
Fixed Route Transit
Monthly Fee:

Variable (Hourly) rate:
$118,549.00
$ 58.10
$118,549.00
$ 58.10
On Demand Services
Paratransit/Microtransit Monthly Fee:

Variable (Hourly) rate:
$24,615.00
$ 59.77
$24,615.00
$ 59.77
Annual Total $2,633,336 $2,633,336
Dennis Shipman
MV Transportation, Inc.

Senior Vice President Business Development
214.490.2891
City Council/RSA Agenda 95 Tuesday, December 13, 2022
RESOLUTION NO. XXXX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 11

TO EXTEND THE UNION CITY TRANSIT FIXED-ROUTE AND DEMAND RESPONSE

OPERATIONS AND MAINTENANCE AGREEMENT WITH MV TRANSPORTATION FOR AN ADDITIONAL THREE MONTHS THROUGH MARCH 31, 2023
WHEREAS, City Council Resolution 3855-09 approved a Contract Agreement between the City of Union City and MV Transportation, Inc., to provide the operations and maintenance of Union City Transit and Union City Paratransit beginning October 3, 2009; and WHEREAS, the City Council previously extended the Contract Agreement through June 30, 2013 with Resolution 4269-12, through June 30, 2016 with Resolution 4435-13, through June 30, 2018 with Resolution 4778-15, through June 30, 2020 with Resolution 5216-18, through December 31, 2020 with Resolution 5592-20, through June 30, 2021 with Resolution 5691-20, through December 31, 2021 with Resolution 5759-21, through June 30, 2022 with Resolution 5877-22, and through December 31, 2022 with Resolution 5959-22; and WHEREAS, the current Contract Agreement Extension (Contract Amendment No. 10) expires on December 31, 2022; and
WHEREAS, City of Union City sent a letter to MV Transportation, Inc., specifying that it will be exercising the Section 12 Carry-Over Terms of the original agreement allowing an extension of no more than three (3) months at the base cost of the contract to extend the Agreement through March 31, 2023; and
WHEREAS, the City of Union City and MV Transportation, Inc. mutually wish to extend the Agreement (Contract Amendment No. 11) through March 31, 2023; and WHEREAS, MV Transportation, Inc., through a Request for Proposal (RFP) process will be recommended as the Contractor for Union City Transit’s Operation and Maintenance Provider, City Project No. 21-07, and this three (3) month extension will provide ample time for the City of Union City and MV Transportation, Inc., to complete contract negotiations; and WHEREAS, Contract Amendment No. 11 will be funded with $965,697 from Account Number 5110-3141-34002-54114 (Transit Fund – Transit – Transit Operations – Purchased Transportation Contract) and $300,971 from Account Number 5120-3141-34022-54114 (Paratransit Fund – Transit – Paratransit Operations – Purchased Transportation Contract). Funds for this contract were included in the FY 2022-2023 Adopted Budgets of the Transit and Paratransit Funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Contract Amendment No. 11 with MV Transportation, Inc., through March 31, 2023, funded with $965,697 from Transit Fund Account Number 5110-3141-34002-54114 and $300,971 from Paratransit Fund Account Number 5120- City Council/RSA Agenda 96 Tuesday, December 13, 2022
Resolution No. XXXX-22

3141-34022-54114; and
BE IT FURTHER RESOLVED that the Contract Agreement is amended in the following particulars only:

1. Section 2. Time Period. This term of this Agreement is extended to include the term of January 1, 2023 – March 31, 2023.

2. Section 3, Maximum Obligation, through March 31, 2023, the maximum obligation shall not exceed $1,266,668 (One Million Two Hundred Sixty-Six Thousand Six Hundred Sixty-Eight Dollars). The maximum obligation is based on a fixed monthly cost for administration, an estimated 10,500 (Ten Thousand Five Hundred) fixed-route revenue vehicle service hours and an estimated 3,800 (Three Thousand Eight Hundred) demand response revenue vehicle service hours.

3. Section 4. Price Formula. The sub-section entitled Fixed-Route Service, is amended, in part, as follows:

Through March 31, 2023, there shall be a fixed cost payment of $118,549 (One Hundred Eighteen Thousand Five Hundred Forty-Nine Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $58.10 (Fifty-Eight Dollars and Ten Cents). The maximum obligation shall not exceed $965,697 (Nine Hundred Sixty-Five Thousand Six Hundred Ninety-Seven Dollars).

4. Section 4. Price Formula. The sub-section entitled Paratransit Service, is amended, in part, as follows:

Through March 31, 2023, there shall be a fixed cost payment of $24,615 (TwentyFour Thousand Six Hundred Fifteen Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $59.77 (Fifty-Nine Dollars and Seventy-Seven Cents). The maximum obligation shall not exceed $300,971 (Three Hundred Thousand Nine Hundred Seventy-One Dollars).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 2022, by the following vote:

City Council/RSA Agenda 97 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPTA RESOLUTION APPROVING AMENDMENT NO. 2 TO CONTRACT NO 5774, THE POST-RETIREMENT EMPLOYMENTAGREEMENT WITH

RETIRED ANNUITANT LOLA TAPIA
Staff recommends that the City Counciladopt the attached resolution approving Amendment No. 2 to Contract No. 5774, the post-retirement employment agreement with retired annuitant Lola Tapia. This employment agreement allowed the City to hire retired annuitant Lola Tapia on a limited and temporary basis to perform services that require specialized skills while the City completes the transfer of information to current staff and the recently-hired Senior Accountants. This resolution approves an extension from January 1, 2023 through December 31, 2023, and increases the hourly pay rate effective January 9, 2023, in conformance with the upcoming salary increases.

STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan.

BACKGROUND
On July 15, 2021, Lola Tapia, Senior Accountant, retired from the City of Union City's workforce, thus becoming a CalPERS retired annuitant. Ms. Tapia possesses specialized skills needed to perform certain work that the City must carry out as information is transferred to current and recently-hired employees. Ms. Tapia also possesses knowledge that will need to be documented and transferred to other staff related to payroll processing and other specific, detailed accounting functions.

The nature of Ms. Tapia's extension continues to be as an extra help retired annuitant. She will continue to assist current and recently-hired staff as needed to learn the complicated and detailed tasks associated with payroll processing and certain general ledger accounting work. As a CalPERS extra help retired annuitant, she will perform work of limited duration (no more than 960 hours per fiscal year) including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In City Council/RSA Agenda 98 Tuesday, December 13, 2022
this instance, this limited term special project relates to the elimination of backlog and the transfer and documentation of knowledge related to the City’s payroll and accounting functions for which Ms. Tapia is the only person qualified.

DISCUSSION
Retired Annuitant Lola Tapia has been assisting City staff for the past year and a half with several special projects such as the restoration of the City’s electronic timesheet function which was compromised as a result of the ransomware attack, payrollaudits and other tasks. Now she is working with the two new Senior Accountants to help train them and transfer her extensive knowledge in payrolland other accounting tasks to them, as wellas helping the City prepare for and implement the new MUNIS payroll system. City Council’s approval of the attached resolution willallow Ms. Tapia to continue to provide extra help to the City, as needed, through the end of calendar year 2023. The resolution also approves an increase in Ms. Tapia’s hourly rate from $57.27 to $58.99, effective January 9, 2023, in accordance with the salary pay table for PEG positions. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
The costs related to the approval of this Amendment No. 2 to Contract No. 5774 will be covered by salary savings resulting from a current vacancy in the Finance Department as wellas savings from the unused contractual services budget.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution approving Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement with retired annuitant Lola Tapia.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta
ATTACHMENTS:

Description Type
Resolution Resolution
Amendment No. 2 to Contract No. 5774 Attachment
Exhibit No. 1 to Amendment No. 2 to Contract No. 5774 Exhibit Exhibit No. 2 to Amendment No. 2 to Contract No. 5774 Exhibit City Council/RSA Agenda 99 Tuesday, December 13, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 1 TO CONTRACT NO. 5774, THE POST- RETIREMENT

EMPLOYMENT AGREEMENT WITH RETIRED ANNUITANT LOLA TAPIA

WHEREAS, Lola Tapia retired from the City of Union City in the position of Senior Accountant on July 15, 2021; and
WHEREAS, on August 10, 2021, the City Council approved Resolution No. 5818-21, appointing Lola Tapia as an extra help retired annuitant to perform the duties of the Extra Help Senior Accountant for the City of Union City under Government Code Section 21224, effective August 11, 2021; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement and to increase the salary rate in accordance with the new PEG salary table becoming effective on January 9, 2023; and
WHEREAS, the City desires to extend the term of said appointment through December 31, 2023, in order to allow Ms. Tapia to continue to assist with special projects and the transfer of knowledge to the recently-hired Senior Accountants; and WHEREAS, this Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement between Lola Tapia and the City of Union City has been reviewed by this body and is attached herein; and
WHEREAS, the continued employment shall be limited to 960 hours per fiscal year for all CalPERS employers for which retired annuitant Lola Tapia may work; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and WHEREAS, the minimum base salary for this position or its equivalent is $8,414 per month, and the hourly equivalent is $48.54, and the maximum base salary for this position or its equivalent is $10,225 per month, and the hourly equivalent is $58.99; and WHEREAS, the hourly rate paid to Lola Tapia will be $58.99, effective January 9, 2023; and
City Council/RSA Agenda 100 Tuesday, December 13, 2022
WHEREAS, Lola Tapia has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, extending the term through December 31, 2023, and increasing the hourly rate to $58.99 in accordance with the new salary pay table for PEG positions becoming effective on January 9, 2023.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 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 101 Tuesday, December 13, 2022
Attachment No. 1

AMENDMENT NO. 2 TO CONTRACT NO. 5774, THE POSTRETIREMENT EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement (“Amendment”) is entered into this 13th day of December 2022, by and between the City of Union City (“City”) and Lola Tapia (“Lola Tapia” or “Annuitant”), collectively referred to as “Parties.”

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into a Post-Retirement Employment Agreement, Contract No. 5774 (Exhibit No.1), for Ms. Tapia to serve as an extra help retired annuitant; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774 (Exhibit No. 2), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement and to increase the salary rate in accordance with the new PEG salary table becoming effective on January 9, 2023; and
WHEREAS, the Parties desire to enter into this Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2023.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Fifty-Eight Dollars and Ninety-Nine Cents ($58.99) per hour, effective January 9, 2023. Annuitant shall receive no other payment, benefit, or remuneration other than the hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, to be executed on the dates hereinafter respectively set forth.

City Council/RSA Agenda 102 Tuesday, December 13, 2022
Attachment No. 1

City of Union City:

Dated: _______________________ By: _____________________________ Joan Malloy
City Manager
Annuitant:

Dated: _______________________ By: _____________________________ Lola Tapia
Retired Annuitant
Attested:
_____________________________
Anna M. Brown
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 103 Tuesday, December 13, 2022
City Council/RSA Agenda 104 Tuesday, December 13, 2022
City Council/RSA Agenda 105 Tuesday, December 13, 2022
City Council/RSA Agenda 106 Tuesday, December 13, 2022
City Council/RSA Agenda 107 Tuesday, December 13, 2022
Signature Routing Form
Note: Please attach as page 1 of your document. Before routing for City signatures, please ensure the agreeing party has already signed. All documents must be routed for signature through the City Clerk’s Office to ensure they are properly logged and archived.

Title Summary:

CIP Agreement (check if yes) Reso No. & Date (if applicable):

Contract Amendment/Extension (check if yes); If yes, Original Contract No.

Master Contract No. (if applicable):

Contract Amount: Start Date: End Date:

Department: Contract Manager:

Vendor Insurance Required: _
City Insurance Required: Liability Workers Comp Auto Property Other:

Attachments Included: Payment/Fee Schedule Insurance Certificate Scope of Services W-9 Other:

Routed To: Date Signed: Initial:

Dept Head _____________ _____________
Finance _____________ _____________
City Attorney _____________ _____________
City _____________ _____________
Logged & Archived on: by:

Document No. Date Returned:

City Council/RSA Agenda 108 Tuesday, December 13, 2022
Attachment No. 1

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 1 to Employment Agreement (“Amendment”) is entered into this 9th day of August 2022, by and between the City of Union City (“City”) and Lola Tapia (“Lola Tapia” or “Annuitant”) collectively referred to as “Parties.”

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into an Employment Agreement, C5774, for Ms. Tapia to serve as an extra help retired annuitant; and WHEREAS, the Parties desire to amend the Agreement to extend the term and increase the salary rate in accordance with the current PEG salary table; and WHEREAS, the Parties desire to enter into this Amendment No. 1 to the Employment Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2022.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Fifty-Seven Dollars and Twenty-Seven Cents ($57.27) per hour, effective August 8, 2022. Annuitant shall receive no other payment, benefit, or remuneration other than her hourly wage for her services.

There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life, disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Employment Agreement to be executed on the dates hereinafter respectively set forth.

City of Union City:

DATED: ____________________ By: _____________________________ Joan Malloy
City Manager
Annuitant:

DATED: ____________________ By: _____________________________ Lola Tapia
City Council/RSA Agenda 109 Tuesday, December 13, 2022
Attachment No. 1

Attested:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 110 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LILYBELL NAKAMURA, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CITYOF

UNION CITY PERSONNEL RULES
Staff recommends that the City Council adopt a resolution to approve an amendment to the City of Union City Personnel Rules (the “Personnel Rules”) effective December 26, 2022. All City positions in the competitive service are covered by the Personnel Rule changes. This excludes any department head positions, temporary positions, and volunteers. Existing Memorandum of Understanding between the City and any recognized employee organization supersedes any contradictory information.

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

BACKGROUND
The Personnel Rules provides the regulations and procedures for administering and managing the City personnel transactions to ensure fairness, equity and efficiency. A review of these Personnel Rules was conducted by Human Resources and the City Attorney’s Office and several necessary updates are proposed.

The changes to the Personnel Rules seek to provide clarification and consistency and to make other appropriate updates to obsolete language.

DISCUSSION
Below is a summary of the main revisions proposed to the Personnel Rules.

Update SpecialAssignment Pay range from 5% to 15% to allow flexibility in temporary assigning additional duties
Require a salary increase of at least 5% upon promotion Add Acting Pay language consistent with existing Memorandum of Understanding City Council/RSA Agenda 111 Tuesday, December 13, 2022
Other cleanup changes include:

Remove redundancies, consolidate sections, unused language, and add missing helpful definitions Replace outdated attachments
Update Administrative Services Director with Human Resources Director Update gender specific to non-binary (he/she to they, his/her to their)

FISCAL IMPACT
There is no immediate fiscal impact for the Personnel Rule changes being proposed.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve an amendment to the City’s Personnel Rules effective December 26, 2022.

Prepared by:

Lilybell Nakamura, Human Resources Director
Submitted by:

Lilybell Nakamura, Human Resources Director
ATTACHMENTS:

Description Type
Resolution For Personnel Rules final Resolution
Personnel Rules Tracked Changes Attachment
Personnel Rules -clean Attachment
City Council/RSA Agenda 112 Tuesday, December 13, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN AMENDMENT TO THE

CITY OF UNION CITY PERSONNEL RULES
WHEREAS, the City of Union City Personnel Rules (the “Personnel Rules”) requires necessary updates; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the Personnel Rules; and
WHEREAS, the updates to the Personnel Rules include revisions related to special assignment pay, salary increases upon promotion, and acting pay as well as other cleanup changes; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters; and WHEREAS, the City Council has considered the proposed revisions to the Personnel Rules and finds that the terms and conditions of the proposed revisions 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 the revisions to the Personnel Rules as provided in Exhibit A attached to this resolution with Exhibit B attached in track changes for reference.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the Personnel Rules.

City Council/RSA Agenda 113 Tuesday, December 13, 2022

CITY OF UNION CITY

PERSONNEL RULES
Revised December 2022
City Council/RSA Agenda 114 Tuesday, December 13, 2022

TABLE OF CONTENTS
Resolution
RULE I Purpose 1
RULE II Definitions 1-6
RULE III Classification and Compensation 6-8

RULE IV
RULE V
RULE VI Examinations 13-16
RULE VII Establishment 16-17
RULE VIII Method of Filling Vacancies 17-20
RULE IX Probationary Period 20-22
RULE X Disciplinary Action/Separation from
Service
22-24
RULE XI Reports and Records 24-25
RULE XII Grievance Procedure 25-26
RULE XIII Lay Off 26-30
Attachment A 31-33
City Council/RSA Agenda 115 Tuesday, December 13, 2022
1 RESOLUTION NO. 2645-04

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ADOPTING PERSONNEL SYSTEM RULES AND REGULATIONS FOR THE CITY

OF UNION CITY
WHEREAS, the City Council of the City of Union City is authorized and directed under the provisions of Section 2.40 of the Municipal Code to adopt Rules and Regulations for the administration of the personnel system created in said ordinance.

WHEREAS, Resolution No. 7326-89, adopted November 6, 1989, entitled “Resolution of the City Council of the City of Union City Adopting Personnel System Rules and Regulations for the City of Union City”, is hereby repealed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby adopt the following Rules:

RULE I.

PURPOSE
The objectives of these Rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government.

These Rules set forth in detail those procedures which ensure similar treatment for those who compete for employment and promotion, and define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all employees in the competitive services of the City.

At the same time, within the limits of administrative feasibility, latitude shall be given to the Human Resources Director in the interpretation of these Rules and Regulations.

RULE II.

DEFINITIONS
City Council/RSA Agenda 116 Tuesday, December 13, 2022
2 The following terms whenever used in these Rules and Regulations shall be defined as follows:

1. Allocation: the official assignment of an individual position to its proper classification in accordance with the duties performed, and the authority and responsibilities exercised.

2. Anniversary Date: the date which represents for the individual employee the date used to compute changes in employees’ salaries and benefits.

3. Applicant: a person who has filed an application for an examination.

4. Appointment: the offer to and acceptance by a person of a position in accordance with the provisions of these Rules and Regulations.

5. Appointing Authority: the City Manager and/or other official designated by the City Manager or City Council having the power to make appointments to the position to be filled.

6. Candidate: an applicant who is participating in an examination for an open recruitment.

7. Certification: the act of providing verification of eligibility for employment as provided for in these Rules and Regulations.

8. Class or Classification: all positions sufficiently similar in duties, authority, and responsibilities to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

9. Classification and Compensation Plan: The current schedule of classes and salaries approved by the City Council.

10.Close Relative: mother, father, mother-in-law, father-in-law, grandmother, grandfather, son, daughter, husband, wife, brother, sister, son-in-law, daughterin-law, brother- in-law, and sister-in-law.

11.Competitive Service: all positions of employment in the service of the City except those excluded by the Personnel Ordinance.

12.Date of Hire: the date on which the employee was officially employed by the City of Union City.

13.Days: calendar days unless otherwise stated.

14.Demotion: the movement of an employee from one class to another class with a lower maximum base rate of pay for disciplinary purposes.

15.Eligible: a person whose name is recorded on an employment eligibility list.

City Council/RSA Agenda 117 Tuesday, December 13, 2022
3 16.Eligible List:
a. Open employment list: a list of names of qualified persons who have passed an open-competitive examination.
b. Promotional employment list: a list of names of qualified employees who have passed a promotional examination for a class in the competitive service only open to City employees.

17.Examination:
a. Open Competitive Examination: an examination for a particular class which is open to persons meeting the qualifications for the class. b. Promotional Examination: an examination for a particular class which is open only to City employees meeting the qualifications for the class. c. Continuous Examination: an open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year.

18.Lay Off: the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council due to organization changes.

19.Personnel Ordinance: Ordinance No. 149-76 which creates a personnel system for the City of Union City.

20.Position: a group of duties and responsibilities in the competitive service requiring the full or part time employment of one person.

21.Probationary Period: the initial period for an employee to be considered an integral part of the examination, recruiting, testing, and selection process during which an employee is required to demonstrate fitness for the position to which they was appointed by actual performance of the duties of the position before regular appointment is complete.

22.Promotion: the change in status of an employee from a position in one class, to another class having a higher maximum rate of salary.

23.Provisional Appointment: an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible. In no instance shall a provisional appointment exceed six months.

24.Rating/Score: The standing of a candidate on an employment list and relative City Council/RSA Agenda 118 Tuesday, December 13, 2022
4 number that expresses the qualifications of a candidate in an examination.

25.Reclassification: the change in allocation of an individual position by raising it to a higher, reducing it to a lower, or moving it to another class of the same level, on the basis of significant changes in the kind of difficulty of duties and responsibilities assigned to that position.

26.Re-employment lists: a list of names of probationary and regular employees who are separated from the competitive service by abolition of position, lack of work, or lack of funds.

27.Regular Employee: an employee in the competitive service who has successfully completed their probationary period and has been retained as hereafter provided in these rules.

28.Reduction in Pay: a salary decrease within the limits of the pay range established for a classification, typically for disciplinary reasons. Such reduction is subject to review at six-month intervals to determine whether the reduction should be continued or restored to the former level.

29.Reinstatement: the restoration of a former regular employee without examination to a classification in which the employee formerly served as a regular non-probationary employee with twenty-four (24) months following that employee’s separation from the service.
with
pay.

30.Relief of Duty: the temporary assignment of an employee to a status of leave

31.Salary Range: a schedule of rates to be paid that includes and is within a specified minimum
City Council/RSA Agenda 119 Tuesday, December 13, 2022
5 and maximum amounts.

32.Suspension: the temporary separation of an employee from their position with loss of pay for disciplinary purposes.

33.Temporary Employee: an employee who is appointed to a non-regular position for a limited amount of time.

34.Tenure: The regular status attained by an employee upon satisfactory completion of their probationary period.

35.Transfer: a change of an employee from one position to another position in the same or in a comparable class having essentially the same salary; involving the performance of similar duties and requiring substantially the same minimum qualifications.

36.Voluntary Demotion: a permanent change in an employee’s classification occurring as a result of the affected employee’s approved written request.

In the event the provisions of these Rules contradict those included in any present or future Memorandum of Understanding adopted by the City Council and in effect between the City of Union City and formally recognized employee organization, the terms of the Memorandum of Understanding shall prevail.

Section 2.01 Memorandum of Understanding
These Rules and Regulations shall apply to all positions and employees in the competitive service of the City of Union City.

Amendments and revisions of these Rules shall become effective upon adoption of a resolution by the City Council. Proposed amendments or revisions to these Rules shall be publicly posted at City Hall for at least five (5) consecutive days together with notice and date of hearing by the City Council.

Amendments and revisions may be suggested by any interested party and shall be submitted through the Human Resources Director. Advance notice in writing on such proposed amendments or revisions shall be given to recognized employee organizations in accordance with State law.

Section 2.02 Application of Rules
Section 2.03 Violation of Personnel Rules
Violation of these Rules shall be grounds for rejection of application, removal from an eligibility list, dismissal, suspension, or other disciplinary action deemed City Council/RSA Agenda 120 Tuesday, December 13, 2022
6 appropriate under the circumstances by the Appointing Authority.

Section 2.04 Outside Employment
Gainful employment other than an employee’s regular position with the City shall be considered a privilege subject to regulation and not a right. No employee shall continue or engage in a gainful occupation outside their City position which is incompatible with City employment, or which is of such nature as to interfere with the satisfactory discharge of their regular duties. Any employee who wishes to engage in or accept employment outside their regular employment with the City may do so only after having obtained written approval of the respective department head and of the Human Resources Director.

Section 2.05 Employment of Relatives
No close relative other than the spouse of any member of the City Council or the City Manager shall be appointed to any position with the City of Union City.

Employment of spouses of any City employee or City Council member shall be governed by State and/or Federal law.

Section 2.06 Fair Employment Practices
Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Human Resources Director, is not justifiably linked to successful job performance.

RULE III.

CLASSIFICATION AND COMPENSATION
Section 3.00 Preparation of Classification and Compensation Plan The Human Resources Director or a person or agency employed for that purpose shall prepare a Classification and Compensation Plan covering all classes or positions in the competitive and exempt service showing the minimum and maximum rates of pay, and shall, thereafter, make such further studies of the Classification and Compensation Plan as may be deemed necessary.

The Human Resources Director or a person or agency employed for that purpose shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consultation with Appointing Authority and heads of departments affected. The Classification and Compensation Plan shall consist of classes of positions, defined by class specifications which include title, a description City Council/RSA Agenda 121 Tuesday, December 13, 2022
7 of typical duties and responsibilities of positions, a statement of the training, experience, and other qualifications to be required of applicants for positions in each class. The Classification and Compensation Plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work as included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

Section 3.01 Adoption, Amendment, and Revision of Plan
The Classification and Compensation Plan shall be made effective by the adoption of a resolution by the City Council which shall establish, update or abolish the classification and salary range or rate for each authorized position.

Advance notice in writing on such proposed amendments and revisions shall be given to recognized employee organizations in accordance with State law.

Section 3.02 Administration of the Classification and Compensation Plan The Classification and Compensation Plan may provide a flat salary or a salary range for each classification with a minimum/maximum and one or more intermediate steps. No position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position The beginning or normal hiring rate shall usually be at the first step or minimum of the compensation range. Every new employee shall be paid at the first step upon appointment except that the Appointing Authority may authorize appointment at a higher step if the labor supply is restricted or the person to be hired is unusually well qualified. Appointment
Section 3.03 Allocation of Positions
Following meeting and conferring with any recognized employee organization affected, and adoption by the City Council, the Human Resources Director shall allocate every position in the competitive service to one of the classes established by the Plan.

Section 3.04 New Appointments
Except as provided in Section 8.03, no person shall be appointed or employed to fill any positions covered by these Rules until the Classification and Compensation Plan shall have been amended to provide therefore, and an appropriate eligibility list has been established for such position.

City Council/RSA Agenda 122 Tuesday, December 13, 2022
8 Section 3.05 Classification/Reclassification Procedure Whenever one (1) or more new positions are under consideration for possible establishment, or whenever, because of a revision in organization or methods, a major change of the duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever because of the abolishment or combination of any existing classes, an amendment to the Classification Plan is required, one or a combination of the following procedures shall be observed:

1. The department head shall forthwith report the significant facts relating to such possible changes in writing to the Human Resources Director.

2. The Human Resources Director, upon written request of any employee or any employee organization, or upon their own initiative after consultation with the department head concerned, may undertake an inquiry of the classification of any positions. Upon either of the above initiations, the Director or designee, shall make a study of the assigned duties and responsibilities of any such position, and the qualifications required and of the relationships of such positions to other classes of position in the Classification Plan. On the basis of such investigation, the Human Resources Director shall then do one of the following:

1. Make no change in the allocation of the position.

2. Recommend to the City Council that the position be allocated to a more appropriate class in the existing Classification Plan.

3. Recommend to the City Council a reclassification and the establishment of a new class to which the position would be allocated.

Whenever a position is reallocated or reclassified, the existing positions may be deleted from the Classification Plan and a new position created in the class to which the position is to be assigned.

Section 3.06 Status of Reclassified Incumbents
Whenever reclassification occurs, the employee occupying the position may be retained in the position after it has been reclassified without further competitive examination, provided that, upon investigation, the department head concerned and the Human Resources Director find all of the following:

1. The reclassification results from an official recognition of a change in duties and responsibilities which has already occurred.

City Council/RSA Agenda 123 Tuesday, December 13, 2022
9 2. The addition of duties and responsibilities (justifying the creation of a different classification) was not the result of planned management action.

3. The performance of duties and responsibilities of the position by the incumbent has been satisfactory.

4. The incumbent possesses the knowledge, skills, and abilities, of the qualifications of the new class.

5. The incumbent has regular status in the class to which the position was formerly allocated.

Section 3.07 Procedure for Reclassification of Incumbents The above findings shall be transmitted by the Human Resources Director through the Appointing Authority to the City Council for its review and action at the time a reclassification is under consideration. This process is included as a means of encouraging proper classification and organization without jeopardizing the regular employment status of employees and shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

Section 3.08 Special Assignment Pay
The Appointing Authority may, upon recommendation of the appropriate department head, award up to an additional 15% salary increase to an employee for special assignment. Such discretionary 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.

Section 3.09 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-today 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.

Section 3.10 Step Increases and Schedule
Employees are eligible to be advanced to higher steps as merited by progressive improvement in job skills and work performance. The following time and step requirements shall apply before an employee gains eligibility for advancement in pay.

City Council/RSA Agenda 124 Tuesday, December 13, 2022
10 Step Time Before Eligible to Proceed to Next Step
1 6 Months
2 6 Months
3 12 Months
4 12 Months
5 If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in pay prior to completion of the above time-in-step requirement, upon the recommendation of the department head and Human Resources Director and upon approval by the Appointing Authority.

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.

Salary Step increases shall be implemented in the following manner:

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

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

Department performance evaluations shall guide supervisors and their principals in determining whether a step increase has been earned by the employee and should be recommended to the City Manager or the designated authority. An employee must demonstrate that advancement in pay is merited on the basis of satisfactory job performance. A step increase shall not be made solely because the employee is eligible according to time-in-step requirements. Supervisors and their principals have the authority and responsibility to recommend to the Appointing Authority that a step increase not be awarded if employee is not meeting expectations.

Supervisors shall notify the employee via performance evaluations, as to the reasons for not recommending that a step increase be awarded.

Section 3.12 Compensation Upon Promotion
When an employee is promoted, the employee shall normally receive the first City Council/RSA Agenda 125 Tuesday, December 13, 2022
11 step in the salary range for the new position. However, if such step is equal to or less than the present salary, that employee may receive the next step in the salary range of the new position of at least 5% above the salary from which the employee was promoted.

When an employee who has been promoted does not successfully pass the probationary period, the employee’s salary when demoted shall be re-established at the step and the salary range of the position from which the employee was promoted.

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Section 3.13 Compensation Upon Demotion
When an employee is demoted as a substitute for layoff or as a result of a request for a voluntary demotion in classification, that employee shall be placed in the salary step in the new class which is the same as or immediately above the step held prior to reduction, providing said reduction in classification is not the result of disciplinary action. Reduction may occur as specified in Section 8.05. Voluntary demotion may occur as specified in Section 2.00, Item 34.

Section 3.14 Compensation Upon Reclassification
When a position is reclassified to a higher classification, the incumbent employee shall be placed at the first step in the new range or the next step in the salary range which is at least 5% above employee’s current salary.

When a position is reallocated to a classification with a lower salary range, the incumbent employee shall not be reduced in pay while continuing to occupy the position. If the present salary is less than the maximum step of the new range, the employee shall continue at present salary and carry forward time-in-step accumulation. If the present salary exceeds the maximum step of the new range, that employee’s salary shall be frozen at its current level until the new salary range advances to that level. When a position is reallocated to a classification with no change in salary, the incumbent employee may be allowed to carry forward time-instep accumulation.

Section 3.15 Authorized Compensation
Employees in the competitive or exempt services shall not accept anything of value for the performance of official duties and responsibilities or other acts in service to the City of Union City except compensation duly authorized by the City Council, or as governed by State Law.

RULE IV.

COMPETIVE EXAMINATION AND ELIGIBILITY LIST
Section 4.00 Announcement of Examination
When necessary to establish an eligibility list, the Human Resources Director shall prepare a job announcement which shall specify the position title, knowledge, skills, and abilities desirable for the performance of the work to be performed, nature of duties, minimum qualifications, rate of compensation, application City Council/RSA Agenda 127 Tuesday, December 13, 2022
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procedure and other pertinent information. Suitable and effective methods of distributing information relative to job openings in securing the most qualified candidates available for competition shall be practiced.

Section 4.01 Application
Application shall be made only on forms provided by the Human Resources Department. Such form may require information regarding training, experience, and other pertinent information and may include certificates of one (1) or more examining physicians, references and/or fingerprints.

Section 4.02 Disqualification
The Human Resources Director may reject any application before, during, or after examination and prior to an appointment for any of the following reasons:
a. Indication on the application that the applicant does not possess the minimum qualifications required for the position.
b. Indication pursuant to procedures adopted by the City in conformance with Federal law, that the applicant is an unauthorized alien. c. Physical unfitness or psychological inability to perform the duties required of the position, and no reasonable accommodation can be made for such disability.
d. Addiction to the habitual use of drugs or the excessive use of intoxicating liquors.
e. False statement of material fact or practiced deception or fraud in an application or examination.
f. Failure to file the application with the Human Resources Department prior to the application deadline.

Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant at least two (2) weeks prior to filling a vacancy. Incomplete or unclear applications may be returned to the applicant with notice to amend their application, providing the time limit for receiving applications has not expired.

Section 4.03 Criminal Conduct-Ineligibility for Employment:

Conviction, including pleas of guilty nolo contendere, of a felony shall be prima facie disqualification of an applicant for employment; provided, however, that the Appointing Authority may disregard such conviction if it is found and determined City Council/RSA Agenda 128 Tuesday, December 13, 2022
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by such Appointing Authority that mitigating circumstances exist. In making such determination, the Appointing Authority shall consider the following factors:
a. The classification, including sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction; b. The nature and seriousness of the offense;
c. The circumstances surrounding the conviction;
d. The length of time elapsed since the conviction;
e. The age of the person at the time of conviction;
f. The presence or absence of rehabilitation or efforts at rehabilitation.

An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days of the date of the notice of disqualification. The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the City Manager on the appeal is final.

Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony.

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Section 4.04 Nature of Examinations
The examination process elements shall be impartial, of a practical nature, and shall relate to those subjects which in the opinion of the Human Resources Director fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the position to which they seek appointment. In examining persons for positions in the competitive service, promotional, open, or continuous examinations may be used as determined by the Human Resources Director after consultation with the concerned department head.

Section 4.05 Types of Examinations
Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement tests, other written tests, interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, polygraph tests, successful completion of prescribed training or any combination of these or other tests. The probationary period shall be considered part of the examination process.

Section 4.06 Continuous Testing
The Human Resources Director may, for any given class, administer continuous examinations as the needs of the service require. The announcement for the examination shall indicate the procedure used for continuous testing. Names shall be placed on employment lists, and shall remain, as prescribed in Rule II.

Section 4.07 Shared Recruitment and Testing
Notwithstanding any provision of these Rules and Regulations to the contrary, in the event the City Council contracts with one or more governmental agencies for joint recruitment and testing services, the City may use eligibility lists provided pursuant to the terms of such contract for the purpose of making entry level appointment in any case where the Human Resources Director, after consultation with the concerned department head, determines that such action is in the best interests of the service. Further, in any case where the Human Resources Director, after consultation with the concerned department head, determines that such action is in the best interests of the service, such eligibility lists provided pursuant to the terms of such contract may be treated as partially prepared eligibility lists with the City Council/RSA Agenda 130 Tuesday, December 13, 2022
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applicants, whose names are on such lists, subject to further testing before the resulting eligibility lists are used for the purpose of making an appointment to City service.

Section 4.08 Promotional Examinations
Candidates for promotional examinations must possess minimum qualifications required for the position. Only regular employees who meet the requirements set forth in the promotional examination announcements as determined by the Human Resources Director may compete in promotional examinations. A regular employee may file an appeal of disqualification pursuant to this rule with the Human Resources Department within five days of receipt of such notification.

In addition to the types of tests listed in Section 6.01 of this Rule, evaluations of actual performance, appraisals of promotional potential, seniority, and accomplishments of special training courses may be included as tests in a promotional examination as determined appropriate by the Human Resources Director.

Section 4.09 Scoring
The Human Resources Director shall establish the lowest qualifying score on individual tests or the entire examination in accord with the needs of the service. The Human Resources Director may include as part of the examination, tests which are qualifying only.

Failure in one such part of the examination may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of the examination. A candidate’s score on a given examination shall be their score on each competitive part or test of the examination.

Section 4.10 Notification and Review of Results

1. Notification – Each candidate in an examination shall be given written notice of the results thereof and if successful a final earned score and/or rank on the eligibility list.

2. Review by Candidate of Keyed Written Test
a. Inspection of Keyed Test Booklet. For a period of five (5) working days immediately following the date of a written examination, candidates may inspect and submit written protests to the Human Resources Director on any items or part of the examination.
b. Inspection Keys will not be provided for form, standardized or City Council/RSA Agenda 131 Tuesday, December 13, 2022
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copyrighted tests, or tests not subject to scoring by an absolute standard. c. Conditions. Key inspection shall be at such time and place and under such conditions of supervision as the Human Resources Director may require.

Candidates will not be permitted to copy examination items except to take notes of the one(s) under question.
d. Item Protests. Within ten (10) calendar days of the examination date, a candidate may submit a written protest or objection to any item in the examination to the Human Resources Director. Protests must cite authorities or references in support of and/or reason for challenge to keyed items in detail so that the Human Resources Director is able to understand the objection and to complete any research for challenge to keyed items which is necessary to evaluate the soundness of the protest.

Protests based on personal opinion without cited authority shall not be entertained by the Human Resources Director.
e. Determination of Item Protests. Upon the receipt of test or item protests, the Human Resources Director shall commence to review the basis for the protests, consulting with such authorities as appropriate, and make a determination that the items shall stand as keyed, be eliminated from the test, or that they key be modified and the test shall be scored or re-scored accordingly. In any case, the protestants shall be notified of the Human Resources Director’s decision.

3. Inspection of a Candidate’s Test Answers
a. Inspection of Answer Sheet. Within ten (10) working days after the examination scoring and tabulation has been completed, candidates may review their answers against a certified list of answers. The purpose of this review is to assure that papers have been correctly scored according to the official key. When contracts with testing companies allow, answer sheets of form, standardized or copyrighted tests may be reviewed for correct scoring against the scoring key and accuracy of arithmetical computations employed.
b. Form, standardized and copyrighted tests, or keyed tests not scored by an absolute standard are not subject to candidate’s inspection. c. Protests of Test Scoring. Protests to the accuracy of scoring may be City Council/RSA Agenda 132 Tuesday, December 13, 2022
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submitted to the Human Resources Director within five (5) working days after inspection, and they may take such corrective measures as appropriate; however, protests to the substance of items in the keyed copy shall not be entertained as a result of this inspection period. As a result of the protest process, any corrective measures shall not invalidate the appointment previously made.

Section 4.11 Establishment of Eligibility List
As soon as possible after the completion of an examination, the Human Resources Director shall prepare and maintain an eligibility list consisting of the names of candidates who qualified in the examination.

Section 4.12 Duration of Eligibility List
Eligibility lists other than those resulting from a continuous examination shall remain in effect for twelve (12) months, unless sooner exhausted or abolished by the Human Resources Director upon the recommendation of a department head.

Open, competitive lists created as a result of continuous examinations shall remain in effect for not more than one year after the last administration of the examination, unless sooner exhausted or abolished. Names placed on such lists may be merged with any others already on the list.

Eligibility lists may be extended prior to expiration date by action of the Human Resources Director, upon recommendation of a department head, for an additional period, but in no event shall an eligibility list remain in effect for more than twentyfour (24) months. Whenever there are fewer than three names of candidates willing to accept appointment on a promotion eligibility list or an open eligibility list, the Human Resources Director may, upon recommendation of a department head, abolish that list, notify candidates remaining on a list of such action, and hold an examination to establish a new eligibility list.

Section 4.13 Re-employment Lists
The names of probationary and regular employees, who are separated from the competitive service by abolition of position, lack of work, or lack of funds shall be placed on appropriate re-employment lists. Such names shall remain on the list for a period of twenty-four (24) months unless such persons are sooner re-employed.

Section 4.14Removal of Names
The name of a candidate may be removed from an eligibility list by the Human City Council/RSA Agenda 133 Tuesday, December 13, 2022
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Resources Director for any of the following:
a. Upon written request of eligible candidate.
b. Upon evidence that the eligible candidate cannot be located by postal authorities at that candidate’s last known address.
c. Failure to respond to a written inquiry within the designated time. d. Verbal or written refusal to accept three offers of appointment. e. Any of the reasons specified in Section 5.02 of these Rules. f. Resignation of an employee whose name is on a promotional eligibility list.

RULE V

METHOD OF FILLING VACANCIES
Section 5.00 Notice to Human Resources Director
If a position vacancy in the competitive service is to be filled, the department head shall notify the Human Resources Director in the manner prescribed. The Human Resources Director shall determine whether to fill the vacancy by transfer, demotion, appointment from a promotional, open, or continuous , or re-employment eligibility list. Provisional appointment may be made in accordance with these Rules and Regulations in the absence of persons eligible for appointment.

Section 5.01 Certification
If a position vacancy in the competitive service is to be filled from a promotion, open, or continuous eligibility list, the Human Resources Director shall certify from the specified list all the names of candidates willing to accept appointment.

Section 5.02Appointment
All vacancies in the competitive service shall be filled by transfer, demotion, promotion, re-employment, re-instatement, or utilization of an open or continuous eligibility list.

After review and investigation, the department head and the Human Resources Director shall recommend the appointment of an individual candidate to the Appointing Authority. The person accepting appointment shall report to the Human Resources Director, or the Human Resources Director’s designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the Appointing City Council/RSA Agenda 134 Tuesday, December 13, 2022
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Authority shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment.

The department head and Human Resources Director shall recommend to the Appointing Authority the appointment, discipline, or dismissal of persons in temporary, part-time, intermittent, and seasonal employment as necessary. Such action shall be based upon the principals of merit and fitness but need not be made in accord with the formal provisions of the Personnel Ordinance or these Rules and Regulations.

Section 5.03 Provisional Appointment
In the absence of there being names or individuals willing to accept appointment from appropriate eligibility lists, the appointing Authority upon recommendation of the department head and the Human Resources Director may make a provisional appointment to the position, of a person meeting the minimum qualifications for the position. Such an appointment shall be for a period of not to exceed six (6) months. Such appointment may be extended for a period of one (1) calendar month, in any one (1) action, upon the approval of the City Council. A provisional appointment may be made during the period of suspension, demotion, or discharge of an employee, and such a vacancy may be filled by the Appointing Authority subject to the provisions of this ordinance and the Personnel Rules. A provisional employee may be removed at any time without the right of appeal or hearing. If a provisional employee is selected for a full-time position with the City the time served as the provisional appointee shall be counted as time toward the fulfillment of the required probationary period provided there is no break in service.

No special credit shall be allowed in meeting any qualification or giving of any test or the establishment of any eligibility list, for the service rendered under a provisional appointment.

Section 5.04 Transfer
The transfer process shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance or these Rules and Regulations.

No person shall be transferred to a position for which they do not possess the minimum qualifications.

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involving the performance of similar duties and requiring substantially the same basic qualifications. The Appointing Authority may order the transfer at any time of an employee from one (1) position to another in a comparable class. If a transfer involves a change from one (1) department to another, both department heads must consent to the transfer unless the City Manager/Appointing Authority orders the transfer.

Section 5.05 Reduction in Classification
An employee shall not be reduced to a position for which they do not possess the minimum qualifications. Reduction in classification may be made to a vacant position as a substitution for layoff. Upon request of the employee and with the consent of the affected department head(s) and Appointing Authority, reduction in classification may be made to a vacant position. In the event of reduction in classification as a substitute for layoff, written notice of the reduction shall be given the employee seven (7) days before the effective date of the action.

Section 5.06 Demotion
The Appointing Authority may demote an employee whose performance of assigned duties and responsibilities falls below acceptable standards, or other disciplinary purposes. An affected employee may utilize the grievance procedure contained in Section XII herein, or the applicable Memorandum of Understanding.

Section 5.07 Re-employment
When a position vacancy is to be filled by appointment from a re-employment list, the Human Resources Director shall certify for consideration all names on the list.

Section 5.08 Re-instatement
Upon recommendation of the department head, the Appointing Authority may reinstate regular employees or probationary employees who have completed at least six (6) months of probationary service and who resign with a good record within two (2) years of the effective date of resignation to a vacant position in the same or comparable class from which they resigned. Credit for former employment shall not be granted in computing salary, vacation, sick leave, seniority or other benefits except on the specific recommendation of the Human Resources Director and approval of the Appointing Authority at the time of reinstatement. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class.

Section 5.09 Promotion
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In consultation with the department head, the Human Resources Director shall determine if a vacancy is to be filled by promotion from within the competitive service. The filling of vacancies in such cases shall occur only after a promotional examination has been given and an eligibility list established. If, in the opinion of the Human Resources Director, it is in the best interests of the City, a vacancy may be filled by an open-competitive examination, in which the Human Resources Director shall arrange for an open- competitive examination and certification of an opencompetitive employment list.

RULE VI
PROBATIONARY PERIODSection 6.00 Objectives
The probationary period shall be regarded as an intrinsic part of the examination process and shall be utilized for closely observing the employee’s work performance on the job.

The probationary period is designed to encourage the most effective adjustment of a new employee to their position, and specifically for dismissing any probationary employee whose performance does not meet the required standards.

Section 6.01Appointment
All appointments to positions in the competitive service shall be subject to a probationary period. The probationary period shall be 1,040 hours on-the-job work for all positions except for the following: Police Officer, 3,120 hours (Police Officers with prior experience, hired through the lateral transfer program, may be eligible for completion of the probationary period at the end of 2,080 hours, based upon assessment of meritorious performance and recommendation by the Police Chief to the Human Resources Director and Appointing Authority). Other probationary periods include:

Classification Probation Period
Crime Analyst 2,080 hours
Dispatcher Clerk 2,080 hours
Fire Captain 121 shifts
Fire Engineer 121 shifts
Firefighter 121 shifts (one year)
Police Captain 2,080 hours
Police Lieutenant 2,080 hours
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Police Office Assistant 2,080 hours
Police Office Coordinator 2,080 hours
Police Sergeant 2,080 hours
Property Clerk 2,080 hours
Public Service Officer 3,120 hours
In individual cases, by mutual consent between the Appointing Authority and employee, the probationary period may be extended to a maximum of 1,040 hours beyond the period set forth above. The probationary period shall be considered as part of the examination and selection process from the time of appointment. Absence from work with or without pay totaling more than 176 work hours, or eleven (11) shifts for fire employees, for any reason, shall not be counted toward completion of the probationary period.

1. Probationary Reports: Employees assigned to positions that have a 1,040 hour probationary period are to be evaluated, minimally, at the end of the second and fifth months of service. Employees assigned to positions that have 2,080 hours or 121 shift probationary periods are to be evaluated at the end of the third, seventh, and eleventh months of service.

Employees assigned to positions that have 4,160 hour probationary periods are to be evaluated at the end of the sixth, twelfth, eighteenth, and twenty third months of service. Such evaluation shall be furnished by the appropriate department head to the Human Resources Director on an approved performance evaluation report form. The report is to indicate the progress, capacity, and suitability of the probationary employee, a copy of which is to be provided to the probationary employee. Such probationary report shall not be subject to grievance or appeal.

2. Recommendation Prior to Completion of Probationary Period. In the final performance evaluation report of the designated probationary period (end of fifth, eleventh or twenty third month of service), the department head shall furnish the Human Resources Director with a recommendation as to whether the probationary employee has been satisfactory and to be considered for a regular appointment to the class. If the probationary City Council/RSA Agenda 138 Tuesday, December 13, 2022
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employee is recommended for a regular appointment to the class, the department head shall indicate the effective date upon a form the Human Resources Director may specify, otherwise the department head shall recommend the termination of the probationary appointment and provide due notice to the probationary employee. If the department head has not provided the Human Resources Director with a favorable recommendation by the beginning of the final month of the designated probationary period, the Human Resources Director shall consult the department head before initiating action to provide due notice and terminate the probationary appointment of the probationary employee prior to the completion of the designated probationary period. In no case shall a probationary employee be allowed to complete a designated or authorized extended probationary period without a favorable recommendation from the department head. If recommendation is made for rejection of the probationer by the department head, a written report of the reasons for said action shall be furnished to the Human Resources Director and to the employee two (2) weeks prior to effective date.

Section 6.02Discharge of Probationary Employee
During the probationary period of an employee they may be discharged any time by the Appointing Authority without cause and without right of appeal. Any probationary employee who has been discharged shall receive timely written notice of the action.

Section 6.03Unsuccessful Completion of Probationary Period Following Promotion Any employee unable to successfully complete the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted unless charges are filed and the employee is discharged in the manner provided in the Personnel Ordinance and these Rules and Regulations.

RULE VII

DISCIPLINARY ACTION/SEPARATION FROM SERVICE
Section 7.00 Notification of Action
The following procedure shall be observed in non-extreme suspensions of five (5) days or more, discharges, and disciplinary actions of regular employees.

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1. The concerned employee shall be given written notice of the proposed action. Such written notice shall include a statement of the reasons that a disciplinary action is being proposed, the proposed effective date(s), and shall include a copy of the charges being considered by department management in addition to a statement of employee rights appropriate to the preliminary notice.

2. The employee shall be shown the documents or materials upon which the disciplinary action is based, and if practicable, they shall be supplied with a copy of those documents.

3. Within five (5) working days after being given an opportunity to review the documents and materials set forth in Paragraphs 1 and 2 above, the employee shall be given the right to respond to either orally or in writing (at the option of the employee) to the authority designated to receive such a written or verbal permission.

Section 7.01 Suspension
A department head may suspend an employee from their position at any time for disciplinary purposes. Such suspensions without pay shall not exceed eighty (80) work hours in any one (1) instance nor more than one hundred sixty (160) work hours in any fiscal year. Notice of intended suspension shall be transmitted immediately to the employee and the Human Resources Director.

The City Manager may suspend an employee at any time for disciplinary purposes for a period not to exceed two hundred forty (240) work hours in any fiscal year.

Section 7.02 Demotion
The Appointing Authority may demote an employee whose ability to perform the required duties of their position fall below standard or for disciplinary purposes. No employee shall be demoted to a position for which they does not possess the minimum qualifications.

Section 7.03 Reduction in Salary
The Appointing Authority may, within the minimum and maximum of the salary range for the position, reduce or decrease the salary level of an employee whose ability to perform the required duties of their position falls below standard or for disciplinary purposes.

Section 704 Discharge
a. An employee in the competitive service may be discharged or dismissed City Council/RSA Agenda 140 Tuesday, December 13, 2022
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from the service for cause at any time by the Appointing Authority. In non-extreme cases, the employee shall be afforded the elements of the procedure outlined in Section

7.01. b. Extreme cases: an employee may be placed on administrative leave with pay pending completion of the process outlined in Section 10.00 for:

1. Gross insubordination

2. Fighting or assault on City property

3. Being under the influence of alcohol and/or controlled substances, or possession or sale of controlled substances while on duty. Possession of substances prescribed by a medical doctor for treatment of a diagnosed condition is excluded.

4. Theft of City property or property of co-workers or citizenry.

5. Unauthorized possession of explosives or firearms on City property.

6. Reckless conduct endangering the health or safety of the public or other workers on City property.

7. Sabotage or willful destruction of City property outside the scope of job performance.

8. Failure to return from absence without leave status upon notification by City to do so pursuant to Section 8.00.

Nothing in this section shall preclude an employee discharged in an extreme case from being afforded a post-action hearing or from utilization of the grievance procedure as provided in these Rules and Regulations.

Section 7.05 Resignation
An employee wishing to leave the competitive service in good standing shall file with their supervisor a written resignation notice, stating the effective date and reasons for leaving at least ten (10) working days before the effective date. The resignation shall be forwarded to the Human Resources Director along with other pertinent information. An employee’s failure to comply with this rule shall be entered in that employee’s service record. The resignation of an employee who fails to give the minimum ten (10) day notice shall be reported to the Human Resources Director by the supervisor immediately and shall be sufficient cause to deny subsequent request for reinstatement.

Section 7.06 Relief of Duty
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Notwithstanding the provisions of this Rule, upon the recommendation of the Human Resources Director, the City Manager may approve the temporary assignment of an employee to a status of leave with pay pending conduct or completion of such investigations or opportunity to respond as may be required to determine if disciplinary action is to be taken.

RULE VIII

REPORTS AND RECORDS
The Human Resources Director shall maintain a service or personnel record for each employee in the service of the City, showing name, classification, the department to which assigned, salary changes in employment status, and such other information as may be considered pertinent by the Human Resources Director.

Section 8.00 Attendance
Employees shall be in attendance at their work assignments in accordance with the Rules regarding hours of work, holidays and leaves.

All supervisors shall maintain and submit to the designated authority, daily attendance records of all employees in the competitive and exempt services, in the same manner prescribed.
(5) Failure on the part of the employee, absent without leave, to return to work within five (5) calendar days after notice to return, shall be cause for immediate discharge, and such employee automatically waives all rights under this Personnel Ordinance and Rules.

The depositing in the United States mail of a first class letter, postage prepaid, addressed to the employee’s last known place of address, shall constitute reasonable notice.

Section 8.01 Change of Status
Every appointment, transfer, promotion, demotion, change of salary range, or any other temporary or permanent changes in status of an employee shall be reported to and/or approved by the Human Resources Director in the manner prescribed.

Section 8.02 Accident Reports
Any employee involved in an accident while on the job which results in personal injury or property damage of any kind, shall report that accident promptly to their supervisor. The employee and/or the supervisor shall fill out forms for reporting City Council/RSA Agenda 142 Tuesday, December 13, 2022
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the accident to the Human Resources Director in the manner prescribed.

RULE IX

GRIEVANCE PROCEDURE
Section 9.00 Grievance
Any employee in the competitive service shall have the right to grieve any action relative to any disciplinary action, dismissal, demotion, suspension or alleged violation of the Personnel Ordinance, Rule, or Memorandum of Understanding, except in instances where the right of appeal is prohibited by the Personnel Ordinance or these Rules.

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 or ten (10) working days from such time as the employee could have reasonably been aware of the occurrence.

Step 2: Should the grievance remain unresolved at Step 1, the grievance may be submitted in writing to the department head or their designee within seven (7) working days of the discussion held in Step 1. A written response shall be given to the employee within seven (7) working days of submittal to the department head and their designee.

Step 3: Should the matter remain unresolved, the grievance will be submitted within seven (7) working days to the Human Resources Director and/or City Manager who shall give a written reply within seven (7) working days.

Step 4: Within seven (7) working days after receiving the Human Resources Director/City Manager’s response, the employee may submit the grievance to the City Council. Upon receipt of an employee grievance, the City Council shall make such investigation as it may deem necessary and shall hold a hearing within twenty (20) working days upon receipt of the grievance. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Failure of a City representative to respond within the established time limits shall allow the grievance to proceed to the next step of the procedure but shall not automatically result in granting the grievant’s requested relief or remedy.

The Human Resources Director shall notify the employee, and any concerned parties, of the date, time, and place of hearing. The hearing, unless specifically City Council/RSA Agenda 143 Tuesday, December 13, 2022
28 requested by the employee to be a public hearing, shall be an executive session. The City Council may continue the hearing from time to time and at the conclusion of the hearing or within ten (10) working days shall make a decision, in writing, which is final and binding.

Section 9.01 Waiver of Steps and Time Limits:

Any time limit or stage or procedure specified in this section may be waived upon consent of all parties involved. In the case of dismissals, demotions, and suspensions, the employee may initiate their grievance at the third step.

RULE

XLAY OFF
Section 10.00 Notice of Appointing Authority
Pursuant to Section 2.40 of Ordinance No. 149-76, the City Council may abolish any position or employment in the competitive series and the incumbent(s) of such positions may be laid off, demoted, or transferred, without disciplinary action.

The City Council shall notify the City Manager (Appointing Authority) of the intent to lay off whenever layoffs are necessary in the interest of economy or whenever the necessity for the position(s) no longer exists. The Appointing Authority shall immediately notify all employees and recognized employee organizations of the proposed action and allow reasonable time for representatives of the City and recognized employee organizations to meet and confer on the effects, if any, of the proposed actions and consider such alternatives as the affected employee organizations may propose. Such notification shall include notice of all public hearings regarding the action.

The criteria applied in determining particular employees to be laid off, transferred, or demoted, shall be those specified in these Rules, unless the lay off procedures described below conflict with the provisions of a memorandum of understanding reached pursuant to Government Code Section 3505.1, in which case the provisions of the memorandum of understanding shall control.

Section 10.01 Layoff Procedure

1. Layoff shall be on a City-wide basis by prescribed classification.

2. No regular employee in an affected classification shall be laid off if the City retains employees with non-regular status in the same classification. Employees with City Council/RSA Agenda 144 Tuesday, December 13, 2022
29 non-regular status in an affected classification shall be laid off in the following order:
emergency, seasonal, temporary, provisional, and probationary.

3. If authorized part-time positions in a particular classification remain after the abolishment of full-time, regular and non-regular positions, the part-time position shall be offered to the next eligible full-time employee within that classification.

4. The order of layoff by classification shall be in reverse order of seniority with the City. Seniority shall be defined as continuous uninterrupted service with the City.

5. Employees on paid or unpaid leaves of absence at the time of a layoff shall be treated the same as if they were in an employed status and do not waive right to reinstatement according to their seniority status.

6. Seniority shall be computed on the basis of most recent dates of uninterrupted employment with the City, including time spent in temporary, provisional or probationary employment status. The Seniority date shall be adjusted forward on a pro-rata basis of one-half the full time equivalent or the documented percentage of full-time employment, for uninterrupted part-time employment with the City. Uninterrupted employment is employment with the City without breaks in employment with the City of more than thirty (30) days.

7. If two (2) or more employees, within a classification, have the same seniority date, the order of layoff shall be determined, by lottery.

8. An employee who is laid off has the right of displacement to either a lower or lateral position previously held or to a position held by the least senior person in the successive lower classification within the classification series*, as noted in Attachment A, provided the following criteria are met:
a. the laid-off employee’s total seniority time exceeds the total seniority time with the City of at least one (1) employee in the next lower or lateral classification;
b. the laid off employee meets the full qualifications of the lower classification;
c. To displace to a position previously held the laid off employee must have held the previously held position as a permanent employee and completed probation.
* In the event that the laid-off employee cannot displace an employee in the next lower City Council/RSA Agenda 145 Tuesday, December 13, 2022
30 classification, the laid-off employee may exercise their displacement option in each successive lower classification in the series, provided that the criteria in §8(a) & 8(b) above are met.

9. The Appointing Authority shall first communicate to the Human Resources Director the classification(s) of positions to be considered for layoff. The Human Resources Director shall provide to the Appointing Authority a list of employees compiled on a City-wide basis who will be affected by the proposed layoff, together with designation of seniority. The Appointing Authority shall assign remaining staff to existing functions and services in a manner which in their opinion best reflects the City’s organizational needs and priorities. Such assignments and/or reassignments shall be consistent with the employee’s classification.

10. In lieu of displacing an employee to a part-time position or to a position status which differs from their position held prior to layoffs, an employee may choose to be laid-off without jeopardizing their reinstatement rights as a full-time employee.

Section 13.02 Notification of Layoff

1. In initiating layoffs, the Appointed Authority shall first communicate to the Human Resources Director the positions to be eliminated or reduced.

2. Upon receipt of the list of positions to be reduced or eliminated, the Human Resources Director shall prepare and serve a Notice of Layoff to the employees in the positions being eliminated or reduced. The notice shall contain the following information:
a. The numbers and classifications of the positions being reduced or eliminated and the effective date of the
reduction or elimination.
b. The seniority ranking of the employees in the affected positions, as computed by the Human Resources Director. c. A copy of Section 13 of the Personnel Rules, pertaining to layoffs and the right of displacement based on seniority.
d. A statement that the employee has the opportunity to contact the Human Resources Director or designated representative no later than ten (10) business days after receipt of the Notice of Layoff to inspect the records relating to the computation of the layoff list including the employee’s seniority rating and ranking, and to meet City Council/RSA Agenda 146 Tuesday, December 13, 2022
31 with the Director or designated representative regarding any corrections related to such list, rating, or ranking. The employee shall be informed that failure to contact or meet with the Director or designated representative within the prescribed period will be deemed a waiver of any objections that might have been raised regarding the list, rating or ranking.
e. A statement that the layoff will be effective on the date indicated unless the Appointing Authority advises the employee in writing otherwise prior to the effective date and time set forth on the notice.

3. The City shall provide at least thirty (30) days written notice to employees affected by a contemplated layoff and any recognized employee organization representing the affected employees.

Section 10.03 Re-Employment

1. An employee laid off or demoted in lieu of layoff shall be placed on a re-employment list in descending order of seniority in classification computed as outlined in the layoff procedures of the Personnel Rules. Laid-off employees shall remain on a re-employment list for two (2) years.

2. The laid-off employee must keep the City informed of the employee’s address and telephone number. City will send re-employment notice(s) to an employee’s last address of record by certified mail, return receipt requested, but has no responsibility to attempt to trace an employee if the notices are not delivered by the Post Office.

3. Within ten (10) working days after receiving the recall notice, the laidoff employee must notify the City by mail, telephone (excluding voice-mail) or in person, of their intent to return to the position offered. If, at the end of ten (10) working days from date of notice, no response has been received from the laid-off employee, the City will be entitled to fill the position in the following order:
a. the laid-off employee next in line for recall, if available for work; or
b. if the re-employment list has been exhausted, pursuant to Human Resources Rule VII, Certification and Appointment.

4. Any laid-off employee who twice declines reinstatement to their former City Council/RSA Agenda 147 Tuesday, December 13, 2022
32 position shall have their name removed from the reinstatement list.

5. An employee may waive reinstatement to a position that differs, from the classification and status of the employee prior to layoff without loss of position on the reinstatement list.

6. The right of reinstatement is contingent upon the ability of the employee to meet the physical and other qualifications of the position to which the employee is being returned as determined by the Human Resources Director. A recalled employee may be required to undergo a medical examination. Public safety officers will be required to undergo a background check to determine their fitness to perform the full scope of the position’s duties and responsibilities prior to reinstatement action occurring.

7. If re-employed, the period of time for which the employee was laid off shall be credited only for the purpose of calculating eligibility for vacation accrual derived from length of continuous service. Nothing herein shall require the City to make contributions on a laid-off employee’s behalf to the Public Employees’ Retirement System for the period of layoff or to credit their account with sick leave, vacation, or other leave time hours which would have been earned had the employee actually been in the employ of the City during the period of layoff.

8. Upon reinstatement, the employee shall be credited with any sick leave that was accumulated prior to layoff.

9. Layoff time that exceeds 30 days, shall cause the anniversary date of the employee to be adjusted commensurate with the length of absence from work, except for the purpose of determining vacations as set forth above.

10. A rehired employee shall be paid at the same salary step of the classification they had previously achieved at the time of layoff provided the new rate of pay is equal to or less than what the employee was being paid prior to the lay-off, adjusted for any negotiated pay adjustments subsequent to the employees lay-off. .

INSERT CLASSIFICATION and COMPENSATION PLAN
City Council/RSA Agenda 148 Tuesday, December 13, 2022
33 Attachment A
City Council/RSA Agenda 149 Tuesday, December 13, 2022
34 City Council/RSA Agenda 150 Tuesday, December 13, 2022

CITY OF UNION CITY

PERSONNEL RULES
Revised December 2022
City Council/RSA Agenda 151 Tuesday, December 13, 2022

TABLE OF CONTENTS
Resolution
RULE I Purpose 1
RULE II Definitions 1-5
RULE III Classification and Compensation
RULE IV Competitive Examination and Eligibility
List
RULE V Method of Filling Vacancies
RULE VI Probationary Period
RULE VII Disciplinary Action/Separation from
Service
RULE VIII Reports and Records
RULE IX Grievance Procedure
RULE X Lay Off
Attachment A Classification and Compensation Plan
City Council/RSA Agenda 152 Tuesday, December 13, 2022
1 RESOLUTION NO. 2645-04

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ADOPTING PERSONNEL SYSTEM RULES AND REGULATIONS FOR THE CITY

OF UNION CITY
WHEREAS, the City Council of the City of Union City is authorized and directed under the provisions of Section 2.40 of the Municipal Code to adopt Rules and Regulations for the administration of the personnel system created in said ordinance.

WHEREAS, Resolution No. 7326-89, adopted November 6, 1989, entitled “Resolution of the City Council of the City of Union City Adopting Personnel System Rules and Regulations for the City of Union City”, is hereby repealed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby adopt the following Rules:

RULE I.

PURPOSE
The objectives of these Rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government.

These Rules set forth in detail those procedures which ensure similar treatment for those who compete for employment and promotion, and define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all employees in the competitive services of the City.

At the same time, within the limits of administrative feasibility, latitude shall be given to the Human Resources Director in the interpretation of these Rules and Regulations.

RULE II.

DEFINITIONS
City Council/RSA Agenda 153 Tuesday, December 13, 2022
2 The following terms whenever used in these Rules and Regulations shall be defined as follows:

1. Allocation: the official assignment of an individual position to its proper classification in accordance with the duties performed, and the authority and responsibilities exercised.

2. Anniversary Date: the date which represents for the individual employee the date used to compute changes in employees’ salaries and benefits.

3. Applicant: a person who has filed an application for an examination.

4. Appointment: the offer to and acceptance by a person of a position in accordance with the provisions of these Rules and Regulations.

5. Appointing Authority: the City Manager and/or other official designated by the City Manager or City Council having the power to make appointments to the position to be filled.

6. Candidate: an applicant who is participating in an examination for an open recruitment.

7. Certification: the act of providing verification of eligibility for employment as provided for in these Rules and Regulations.

8. Class or Classification: all positions sufficiently similar in duties, authority, and responsibilities to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

9. Classification and Compensation Plan: The current schedule of classes and salaries approved by the City Council.

10.Close Relative: mother, father, mother-in-law, father-in-law, grandmother, grandfather, son, daughter, husband, wife, brother, sister, son-in-law, daughterin-law, brother- in-law, and sister-in-law.

11.Competitive Service: all positions of employment in the service of the City except those excluded by the Personnel Ordinance.

12.Date of Hire: the date on which the employee was officially employed by the City of Union City.

13.Days: calendar days unless otherwise stated.

14.Demotion: the movement of an employee from one class to another class with a lower maximum base rate of pay for disciplinary purposes.

15.Eligible: a person whose name is recorded on an employment eligibility list.

City Council/RSA Agenda 154 Tuesday, December 13, 2022
3 16.Eligible List:
a. Open employment list: a list of names of qualified persons who have passed an open-competitive examination.
b. Promotional employment list: a list of names of qualified employees who have passed a promotional examination for a class in the competitive service only open to City employees.

17.Examination:
a. Open Competitive Examination: an examination for a particular class which is open to persons meeting the qualifications for the class. b. Promotional Examination: an examination for a particular class which is open only to City employees meeting the qualifications for the class. c. Continuous Examination: an open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year.

18.Lay Off: the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council due to organization changes.

19.Personnel Ordinance: Ordinance No. 149-76 which creates a personnel system for the City of Union City.

20.Position: a group of duties and responsibilities in the competitive service requiring the full or part time employment of one person.

21.Probationary Period: the initial period for an employee to be considered an integral part of the examination, recruiting, testing, and selection process during which an employee is required to demonstrate fitness for the position to which they was appointed by actual performance of the duties of the position before regular appointment is complete.

22.Promotion: the change in status of an employee from a position in one class, to another class having a higher maximum rate of salary.

23.Provisional Appointment: an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible. In no instance shall a provisional appointment exceed six months.

24.Rating/Score: The standing of a candidate on an employment list and relative City Council/RSA Agenda 155 Tuesday, December 13, 2022
4 number that expresses the qualifications of a candidate in an examination.

25.Reclassification: the change in allocation of an individual position by raising it to a higher, reducing it to a lower, or moving it to another class of the same level, on the basis of significant changes in the kind of difficulty of duties and responsibilities assigned to that position.

26.Re-employment lists: a list of names of probationary and regular employees who are separated from the competitive service by abolition of position, lack of work, or lack of funds.

27.Regular Employee: an employee in the competitive service who has successfully completed their probationary period and has been retained as hereafter provided in these rules.

28.Reduction in Pay: a salary decrease within the limits of the pay range established for a classification, typically for disciplinary reasons. Such reduction is subject to review at six-month intervals to determine whether the reduction should be continued or restored to the former level.

29.Reinstatement: the restoration of a former regular employee without examination to a classification in which the employee formerly served as a regular non-probationary employee with twenty-four (24) months following that employee’s separation from the service.

30. Relief of Duty: the temporary assignment of an employee to a status of leave with pay.

31.Salary Range: a schedule of rates to be paid that includes and is within a specified minimum and maximum amounts.

32.Suspension: the temporary separation of an employee from their position with loss of pay for disciplinary purposes.

33.Temporary Employee: an employee who is appointed to a non-regular position for a limited amount of time.

34.Tenure: The regular status attained by an employee upon satisfactory completion of their probationary period.

35.Transfer: a change of an employee from one position to another position in the same or in a comparable class having essentially the same salary; involving the performance of similar duties and requiring substantially the same minimum qualifications.

City Council/RSA Agenda 156 Tuesday, December 13, 2022
5 36.Voluntary Demotion: a permanent change in an employee’s classification occurring as a result of the affected employee’s approved written request.

In the event the provisions of these Rules contradict those included in any present or future Memorandum of Understanding adopted by the City Council and in effect between the City of Union City and formally recognized employee organization, the terms of the Memorandum of Understanding shall prevail.

Section 2.01 Memorandum of Understanding
These Rules and Regulations shall apply to all positions and employees in the competitive service of the City of Union City.

Amendments and revisions of these Rules shall become effective upon adoption of a resolution by the City Council. Proposed amendments or revisions to these Rules shall be publicly posted at City Hall for at least five (5) consecutive days together with notice and date of hearing by the City Council.

Amendments and revisions may be suggested by any interested party and shall be submitted through the Human Resources Director. Advance notice in writing on such proposed amendments or revisions shall be given to recognized employee organizations in accordance with State law.

Section 2.02 Application of Rules
Section 2.03 Violation of Personnel Rules
Violation of these Rules shall be grounds for rejection of application, removal from an eligibility list, dismissal, suspension, or other disciplinary action deemed appropriate under the circumstances by the Appointing Authority.

Section 2.04 Outside Employment
Gainful employment other than an employee’s regular position with the City shall be considered a privilege subject to regulation and not a right. No employee shall continue or engage in a gainful occupation outside their City position which is incompatible with City employment, or which is of such nature as to interfere with the satisfactory discharge of their regular duties. Any employee who wishes to engage in or accept employment outside their regular employment with the City may do so only after having obtained written approval of the respective department head and of the Human Resources Director.

Section 2.05 Employment of Relatives
No close relative other than the spouse of any member of the City Council or City Council/RSA Agenda 157 Tuesday, December 13, 2022
6 the City Manager shall be appointed to any position with the City of Union City.

Employment of spouses of any City employee or City Council member shall be governed by State and/or Federal law.

Section 2.06 Fair Employment Practices
Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Human Resources Director, is not justifiably linked to successful job performance.

RULE III.

CLASSIFICATION AND COMPENSATION
Section 3.00 Preparation of Classification and Compensation Plan The Human Resources Director or a person or agency employed for that purpose shall prepare a Classification and Compensation Plan covering all classes or positions in the competitive and exempt service showing the minimum and maximum rates of pay, and shall, thereafter, make such further studies of the Classification and Compensation Plan as may be deemed necessary.

The Human Resources Director or a person or agency employed for that purpose shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consultation with Appointing Authority and heads of departments affected. The Classification and Compensation Plan shall consist of classes of positions, defined by class specifications which include title, a description of typical duties and responsibilities of positions, a statement of the training, experience, and other qualifications to be required of applicants for positions in each class. The Classification and Compensation Plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work as included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

Section 3.01 Adoption, Amendment, and Revision of Plan
The Classification and Compensation Plan shall be made effective by the adoption of a resolution by the City Council which shall establish, update or abolish the classification and salary range or rate for each authorized position.

Advance notice in writing on such proposed amendments and revisions shall be City Council/RSA Agenda 158 Tuesday, December 13, 2022
7 given to recognized employee organizations in accordance with State law.

Section 3.02 Administration of the Classification and Compensation Plan The Classification and Compensation Plan may provide a flat salary or a salary range for each classification with a minimum/maximum and one or more intermediate steps. No position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position The beginning or normal hiring rate shall usually be at the first step or minimum of the compensation range. Every new employee shall be paid at the first step upon appointment except that the Appointing Authority may authorize appointment at a higher step if the labor supply is restricted or the person to be hired is unusually well qualified. Appointment
Section 3.03 Allocation of Positions
Following meeting and conferring with any recognized employee organization affected, and adoption by the City Council, the Human Resources Director shall allocate every position in the competitive service to one of the classes established by the Plan.

Section 3.04 New Appointments
Except as provided in Section 8.03, no person shall be appointed or employed to fill any positions covered by these Rules until the Classification and Compensation Plan shall have been amended to provide therefore, and an appropriate eligibility list has been established for such position.

Section 3.05 Classification/Reclassification Procedure
Whenever one (1) or more new positions are under consideration for possible establishment, or whenever, because of a revision in organization or methods, a major change of the duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever because of the abolishment or combination of any existing classes, an amendment to the Classification Plan is required, one or a combination of the following procedures shall be observed:

1. The department head shall forthwith report the significant facts relating to such possible changes in writing to the Human Resources Director.

2. The Human Resources Director, upon written request of any employee or any employee organization, or upon their own initiative after consultation with the department head concerned, may undertake an inquiry of the classification City Council/RSA Agenda 159 Tuesday, December 13, 2022
8 of any positions. Upon either of the above initiations, the Director or designee, shall make a study of the assigned duties and responsibilities of any such position, and the qualifications required and of the relationships of such positions to other classes of position in the Classification Plan. On the basis of such investigation, the Human Resources Director shall then do one of the following:

1. Make no change in the allocation of the position.

2. Recommend to the City Council that the position be allocated to a more appropriate class in the existing Classification Plan.

3. Recommend to the City Council a reclassification and the establishment of a new class to which the position would be allocated.

Whenever a position is reallocated or reclassified, the existing positions may be deleted from the Classification Plan and a new position created in the class to which the position is to be assigned.

Section 3.06 Status of Reclassified Incumbents
Whenever reclassification occurs, the employee occupying the position may be retained in the position after it has been reclassified without further competitive examination, provided that, upon investigation, the department head concerned and the Human Resources Director find all of the following:

1. The reclassification results from an official recognition of a change in duties and responsibilities which has already occurred.

2. The addition of duties and responsibilities (justifying the creation of a different classification) was not the result of planned management action.

3. The performance of duties and responsibilities of the position by the incumbent has been satisfactory.

4. The incumbent possesses the knowledge, skills, and abilities, of the qualifications of the new class.

5. The incumbent has regular status in the class to which the position was formerly allocated.

Section 3.07 Procedure for Reclassification of Incumbents The above findings shall be transmitted by the Human Resources Director through the Appointing Authority to the City Council for its review and action at the time a reclassification is under consideration. This process is included as a means City Council/RSA Agenda 160 Tuesday, December 13, 2022
9 of encouraging proper classification and organization without jeopardizing the regular employment status of employees and shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

Section 3.08 Special Assignment Pay
The Appointing Authority may, upon recommendation of the appropriate department head, award up to an additional 15% salary increase to an employee for special assignment. Such discretionary 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.

Section 3.09 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-today 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.

Section 3.10 Step Increases and Schedule
Employees are eligible to be advanced to higher steps as merited by progressive improvement in job skills and work performance. The following time and step requirements shall apply before an employee gains eligibility for advancement in pay.

Step Time Before Eligible to Proceed to Next Step
1 6 Months
2 6 Months
3 12 Months
4 12 Months
5 If warranted for the good of the service, or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in pay prior to completion of the above time-in-step requirement, upon the recommendation of the department head and Human Resources Director and upon approval by the Appointing Authority.

If an employee is on leave without pay for more than one (1) month, the time City Council/RSA Agenda 161 Tuesday, December 13, 2022
10 on leave shall be deducted from the employee’s accumulated time-in-step.

Salary Step increases shall be implemented in the following manner:

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

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

Department performance evaluations shall guide supervisors and their principals in determining whether a step increase has been earned by the employee and should be recommended to the City Manager or the designated authority. An employee must demonstrate that advancement in pay is merited on the basis of satisfactory job performance. A step increase shall not be made solely because the employee is eligible according to time-in-step requirements. Supervisors and their principals have the authority and responsibility to recommend to the Appointing Authority that a step increase not be awarded if employee is not meeting expectations.

Supervisors shall notify the employee via performance evaluations, as to the reasons for not recommending that a step increase be awarded.

Section 3.12 Compensation Upon Promotion
When an employee is promoted, the employee shall normally receive the first step in the salary range for the new position. However, if such step is equal to or less than the present salary, that employee may receive the next step in the salary range of the new position of at least 5% above the salary from which the employee was promoted.

When an employee who has been promoted does not successfully pass the probationary period, the employee’s salary when demoted shall be re-established at the step and the salary range of the position from which the employee was promoted.

Section 3.13 Compensation Upon Demotion
When an employee is demoted as a substitute for layoff or as a result of a request for a voluntary demotion in classification, that employee shall be placed in the salary step in the new class which is the same as or immediately above the step held prior to City Council/RSA Agenda 162 Tuesday, December 13, 2022
11 reduction, providing said reduction in classification is not the result of disciplinary action. Reduction may occur as specified in Section 8.05. Voluntary demotion may occur as specified in Section 2.00, Item 34.

Section 3.14 Compensation Upon Reclassification
When a position is reclassified to a higher classification, the incumbent employee shall be placed at the first step in the new range or the next step in the salary range which is at least 5% above employee’s current salary.

When a position is reallocated to a classification with a lower salary range, the incumbent employee shall not be reduced in pay while continuing to occupy the position. If the present salary is less than the maximum step of the new range, the employee shall continue at present salary and carry forward time-in-step accumulation. If the present salary exceeds the maximum step of the new range, that employee’s salary shall be frozen at its current level until the new salary range advances to that level. When a position is reallocated to a classification with no change in salary, the incumbent employee may be allowed to carry forward time-instep accumulation.

Section 3.15 Authorized Compensation
Employees in the competitive or exempt services shall not accept anything of value for the performance of official duties and responsibilities or other acts in service to the City of Union City except compensation duly authorized by the City Council, or as governed by State Law.

RULE IV.

COMPETIVE EXAMINATION AND ELIGIBILITY LIST
Section 4.00 Announcement of Examination
When necessary to establish an eligibility list, the Human Resources Director shall prepare a job announcement which shall specify the position title, knowledge, skills, and abilities desirable for the performance of the work to be performed, nature of duties, minimum qualifications, rate of compensation, application procedure and other pertinent information. Suitable and effective methods of distributing information relative to job openings in securing the most qualified candidates available for competition shall be practiced.

Section 4.01 Application
Application shall be made only on forms provided by the Human Resources City Council/RSA Agenda 163 Tuesday, December 13, 2022
12 Department. Such form may require information regarding training, experience, and other pertinent information and may include certificates of one (1) or more examining physicians, references and/or fingerprints.

Section 4.02 Disqualification
The Human Resources Director may reject any application before, during, or after examination and prior to an appointment for any of the following reasons:
a. Indication on the application that the applicant does not possess the minimum qualifications required for the position.
b. Indication pursuant to procedures adopted by the City in conformance with Federal law, that the applicant is an unauthorized alien. c. Physical unfitness or psychological inability to perform the duties required of the position, and no reasonable accommodation can be made for such disability.
d. Addiction to the habitual use of drugs or the excessive use of intoxicating liquors.
e. False statement of material fact or practiced deception or fraud in an application or examination.
f. Failure to file the application with the Human Resources Department prior to the application deadline.

Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant at least two (2) weeks prior to filling a vacancy. Incomplete or unclear applications may be returned to the applicant with notice to amend their application, providing the time limit for receiving applications has not expired.

Section 4.03 Criminal Conduct-Ineligibility for Employment:

Conviction, including pleas of guilty nolo contendere, of a felony shall be prima facie disqualification of an applicant for employment; provided, however, that the Appointing Authority may disregard such conviction if it is found and determined by such Appointing Authority that mitigating circumstances exist. In making such determination, the Appointing Authority shall consider the following factors:
a. The classification, including sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction; b. The nature and seriousness of the offense;
City Council/RSA Agenda 164 Tuesday, December 13, 2022
13 c. The circumstances surrounding the conviction;
d. The length of time elapsed since the conviction;
e. The age of the person at the time of conviction;
f. The presence or absence of rehabilitation or efforts at rehabilitation.

An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days of the date of the notice of disqualification. The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the City Manager on the appeal is final.

Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony.

Section 4.04 Nature of Examinations
The examination process elements shall be impartial, of a practical nature, and shall relate to those subjects which in the opinion of the Human Resources Director fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the position to which they seek appointment. In examining persons for positions in the competitive service, promotional, open, or continuous examinations may be used as determined by the Human Resources Director after consultation with the concerned department head.

Section 4.05 Types of Examinations
Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement tests, other written tests, interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, polygraph tests, successful completion of prescribed training or any combination of these or other tests. The probationary period shall be considered part of the examination process.

Section 4.06 Continuous Testing
The Human Resources Director may, for any given class, administer continuous examinations as the needs of the service require. The announcement for the examination shall indicate the procedure used for continuous testing. Names shall be City Council/RSA Agenda 165 Tuesday, December 13, 2022
14 placed on employment lists, and shall remain, as prescribed in Rule II.

Section 4.07 Shared Recruitment and Testing
Notwithstanding any provision of these Rules and Regulations to the contrary, in the event the City Council contracts with one or more governmental agencies for joint recruitment and testing services, the City may use eligibility lists provided pursuant to the terms of such contract for the purpose of making entry level appointment in any case where the Human Resources Director, after consultation with the concerned department head, determines that such action is in the best interests of the service. Further, in any case where the Human Resources Director, after consultation with the concerned department head, determines that such action is in the best interests of the service, such eligibility lists provided pursuant to the terms of such contract may be treated as partially prepared eligibility lists with the applicants, whose names are on such lists, subject to further testing before the resulting eligibility lists are used for the purpose of making an appointment to City service.

Section 4.08 Promotional Examinations
Candidates for promotional examinations must possess minimum qualifications required for the position. Only regular employees who meet the requirements set forth in the promotional examination announcements as determined by the Human Resources Director may compete in promotional examinations. A regular employee may file an appeal of disqualification pursuant to this rule with the Human Resources Department within five days of receipt of such notification.

In addition to the types of tests listed in Section 6.01 of this Rule, evaluations of actual performance, appraisals of promotional potential, seniority, and accomplishments of special training courses may be included as tests in a promotional examination as determined appropriate by the Human Resources Director.

Section 4.09 Scoring
The Human Resources Director shall establish the lowest qualifying score on individual tests or the entire examination in accord with the needs of the service. The Human Resources Director may include as part of the examination, tests which are qualifying only.

Failure in one such part of the examination may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of City Council/RSA Agenda 166 Tuesday, December 13, 2022
15 the examination. A candidate’s score on a given examination shall be their score on each competitive part or test of the examination.

Section 4.10 Notification and Review of Results

1. Notification – Each candidate in an examination shall be given written notice of the results thereof and if successful a final earned score and/or rank on the eligibility list.

2. Review by Candidate of Keyed Written Test
a. Inspection of Keyed Test Booklet. For a period of five (5) working days immediately following the date of a written examination, candidates may inspect and submit written protests to the Human Resources Director on any items or part of the examination.
b. Inspection Keys will not be provided for form, standardized or copyrighted tests, or tests not subject to scoring by an absolute standard. c. Conditions. Key inspection shall be at such time and place and under such conditions of supervision as the Human Resources Director may require.

Candidates will not be permitted to copy examination items except to take notes of the one(s) under question.
d. Item Protests. Within ten (10) calendar days of the examination date, a candidate may submit a written protest or objection to any item in the examination to the Human Resources Director. Protests must cite authorities or references in support of and/or reason for challenge to keyed items in detail so that the Human Resources Director is able to understand the objection and to complete any research for challenge to keyed items which is necessary to evaluate the soundness of the protest.

Protests based on personal opinion without cited authority shall not be entertained by the Human Resources Director.
e. Determination of Item Protests. Upon the receipt of test or item protests, the Human Resources Director shall commence to review the basis for the protests, consulting with such authorities as appropriate, and make a determination that the items shall stand as keyed, be eliminated from the test, or that they key be modified and the test shall be scored or re-scored accordingly. In any case, the protestants shall be notified of the Human Resources Director’s decision.

City Council/RSA Agenda 167 Tuesday, December 13, 2022
16 3. Inspection of a Candidate’s Test Answers
a. Inspection of Answer Sheet. Within ten (10) working days after the examination scoring and tabulation has been completed, candidates may review their answers against a certified list of answers. The purpose of this review is to assure that papers have been correctly scored according to the official key. When contracts with testing companies allow, answer sheets of form, standardized or copyrighted tests may be reviewed for correct scoring against the scoring key and accuracy of arithmetical computations employed.
b. Form, standardized and copyrighted tests, or keyed tests not scored by an absolute standard are not subject to candidate’s inspection. c. Protests of Test Scoring. Protests to the accuracy of scoring may be submitted to the Human Resources Director within five (5) working days after inspection, and they may take such corrective measures as appropriate; however, protests to the substance of items in the keyed copy shall not be entertained as a result of this inspection period. As a result of the protest process, any corrective measures shall not invalidate the appointment previously made.

Section 4.11 Establishment of Eligibility List
As soon as possible after the completion of an examination, the Human Resources Director shall prepare and maintain an eligibility list consisting of the names of candidates who qualified in the examination.

Section 4.12 Duration of Eligibility List
Eligibility lists other than those resulting from a continuous examination shall remain in effect for twelve (12) months, unless sooner exhausted or abolished by the Human Resources Director upon the recommendation of a department head.

Open, competitive lists created as a result of continuous examinations shall remain in effect for not more than one year after the last administration of the examination, unless sooner exhausted or abolished. Names placed on such lists may be merged with any others already on the list.

Eligibility lists may be extended prior to expiration date by action of the Human Resources Director, upon recommendation of a department head, for an additional period, but in no event shall an eligibility list remain in effect for more than twentyCity Council/RSA Agenda 168 Tuesday, December 13, 2022 17 four (24) months. Whenever there are fewer than three names of candidates willing to accept appointment on a promotion eligibility list or an open eligibility list, the Human Resources Director may, upon recommendation of a department head, abolish that list, notify candidates remaining on a list of such action, and hold an examination to establish a new eligibility list.

Section 4.13 Re-employment Lists
The names of probationary and regular employees, who are separated from the competitive service by abolition of position, lack of work, or lack of funds shall be placed on appropriate re-employment lists. Such names shall remain on the list for a period of twenty-four (24) months unless such persons are sooner re-employed.

Section 4.14Removal of Names
The name of a candidate may be removed from an eligibility list by the Human Resources Director for any of the following:
a. Upon written request of eligible candidate.
b. Upon evidence that the eligible candidate cannot be located by postal authorities at that candidate’s last known address.
c. Failure to respond to a written inquiry within the designated time. d. Verbal or written refusal to accept three offers of appointment. e. Any of the reasons specified in Section 5.02 of these Rules. f. Resignation of an employee whose name is on a promotional eligibility list.

RULE V

METHOD OF FILLING VACANCIES
Section 5.00 Notice to Human Resources Director
If a position vacancy in the competitive service is to be filled, the department head shall notify the Human Resources Director in the manner prescribed. The Human Resources Director shall determine whether to fill the vacancy by transfer, demotion, appointment from a promotional, open, or continuous , or re-employment eligibility list. Provisional appointment may be made in accordance with these Rules and Regulations in the absence of persons eligible for appointment.

Section 5.01 Certification
If a position vacancy in the competitive service is to be filled from a promotion, open, or continuous eligibility list, the Human Resources Director shall certify from City Council/RSA Agenda 169 Tuesday, December 13, 2022
18 the specified list all the names of candidates willing to accept appointment.

Section 5.02Appointment
All vacancies in the competitive service shall be filled by transfer, demotion, promotion, re-employment, re-instatement, or utilization of an open or continuous eligibility list.

After review and investigation, the department head and the Human Resources Director shall recommend the appointment of an individual candidate to the Appointing Authority. The person accepting appointment shall report to the Human Resources Director, or the Human Resources Director’s designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the Appointing Authority shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment.

The department head and Human Resources Director shall recommend to the Appointing Authority the appointment, discipline, or dismissal of persons in temporary, part-time, intermittent, and seasonal employment as necessary. Such action shall be based upon the principals of merit and fitness but need not be made in accord with the formal provisions of the Personnel Ordinance or these Rules and Regulations.

Section 5.03 Provisional Appointment
In the absence of there being names or individuals willing to accept appointment from appropriate eligibility lists, the appointing Authority upon recommendation of the department head and the Human Resources Director may make a provisional appointment to the position, of a person meeting the minimum qualifications for the position. Such an appointment shall be for a period of not to exceed six (6) months. Such appointment may be extended for a period of one (1) calendar month, in any one (1) action, upon the approval of the City Council. A provisional appointment may be made during the period of suspension, demotion, or discharge of an employee, and such a vacancy may be filled by the Appointing Authority subject to the provisions of this ordinance and the Personnel Rules. A provisional employee may be removed at any time without the right of appeal or hearing. If a provisional employee is selected for a full-time position with the City the time served as the provisional appointee shall be counted as time toward the City Council/RSA Agenda 170 Tuesday, December 13, 2022
19 fulfillment of the required probationary period provided there is no break in service.

No special credit shall be allowed in meeting any qualification or giving of any test or the establishment of any eligibility list, for the service rendered under a provisional appointment.

Section 5.04 Transfer
The transfer process shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance or these Rules and Regulations.

No person shall be transferred to a position for which they do not possess the minimum qualifications.

For transfer purposes, a comparable class is one with the same maximum salary involving the performance of similar duties and requiring substantially the same basic qualifications. The Appointing Authority may order the transfer at any time of an employee from one (1) position to another in a comparable class. If a transfer involves a change from one (1) department to another, both department heads must consent to the transfer unless the City Manager/Appointing Authority orders the transfer.

Section 5.05 Reduction in Classification
An employee shall not be reduced to a position for which they do not possess the minimum qualifications. Reduction in classification may be made to a vacant position as a substitution for layoff. Upon request of the employee and with the consent of the affected department head(s) and Appointing Authority, reduction in classification may be made to a vacant position. In the event of reduction in classification as a substitute for layoff, written notice of the reduction shall be given the employee seven (7) days before the effective date of the action.

Section 5.06 Demotion
The Appointing Authority may demote an employee whose performance of assigned duties and responsibilities falls below acceptable standards, or other disciplinary purposes. An affected employee may utilize the grievance procedure contained in Section XII herein, or the applicable Memorandum of Understanding.

Section 5.07 Re-employment
When a position vacancy is to be filled by appointment from a re-employment list, the Human Resources Director shall certify for consideration all names on the list.

Section 5.08 Re-instatement
City Council/RSA Agenda 171 Tuesday, December 13, 2022
20 Upon recommendation of the department head, the Appointing Authority may reinstate regular employees or probationary employees who have completed at least six (6) months of probationary service and who resign with a good record within two (2) years of the effective date of resignation to a vacant position in the same or comparable class from which they resigned. Credit for former employment shall not be granted in computing salary, vacation, sick leave, seniority or other benefits except on the specific recommendation of the Human Resources Director and approval of the Appointing Authority at the time of reinstatement. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class.

Section 5.09 Promotion
In consultation with the department head, the Human Resources Director shall determine if a vacancy is to be filled by promotion from within the competitive service. The filling of vacancies in such cases shall occur only after a promotional examination has been given and an eligibility list established. If, in the opinion of the Human Resources Director, it is in the best interests of the City, a vacancy may be filled by an open-competitive examination, in which the Human Resources Director shall arrange for an open- competitive examination and certification of an opencompetitive employment list.

RULE VI
PROBATIONARY PERIOD Section 6.00 Objectives
The probationary period shall be regarded as an intrinsic part of the examination process and shall be utilized for closely observing the employee’s work performance on the job.

The probationary period is designed to encourage the most effective adjustment of a new employee to their position, and specifically for dismissing any probationary employee whose performance does not meet the required standards.

Section 6.01Appointment
All appointments to positions in the competitive service shall be subject to a probationary period. The probationary period shall be 1,040 hours on-the-job work for all positions except for the following: Police Officer, 3,120 hours (Police Officers with prior experience, hired through the lateral transfer program, may be eligible for completion of the probationary period at the end of 2,080 hours, based upon assessment City Council/RSA Agenda 172 Tuesday, December 13, 2022
21 of meritorious performance and recommendation by the Police Chief to the Human Resources Director and Appointing Authority). Other probationary periods include:

Classification Probation Period
Crime Analyst 2,080 hours
Dispatcher Clerk 2,080 hours
Fire Captain 121 shifts
Fire Engineer 121 shifts
Firefighter 121 shifts (one year)
Police Captain 2,080 hours
Police Lieutenant 2,080 hours
Police Office Assistant 2,080 hours
Police Office Coordinator 2,080 hours
Police Sergeant 2,080 hours
Property Clerk 2,080 hours
Public Service Officer 3,120 hours
In individual cases, by mutual consent between the Appointing Authority and employee, the probationary period may be extended to a maximum of 1,040 hours beyond the period set forth above. The probationary period shall be considered as part of the examination and selection process from the time of appointment. Absence from work with or without pay totaling more than 176 work hours, or eleven (11) shifts for fire employees, for any reason, shall not be counted toward completion of the probationary period.

1. Probationary Reports: Employees assigned to positions that have a 1,040 hour probationary period are to be evaluated, minimally, at the end of the second and fifth months of service. Employees assigned to positions that have 2,080 hours or 121 shift probationary periods are to be evaluated at the end of the third, seventh, and eleventh months of service.

Employees assigned to positions that have 4,160 hour probationary periods are to be evaluated at the end of the sixth, twelfth, eighteenth, and twenty City Council/RSA Agenda 173 Tuesday, December 13, 2022
22 third months of service. Such evaluation shall be furnished by the appropriate department head to the Human Resources Director on an approved performance evaluation report form. The report is to indicate the progress, capacity, and suitability of the probationary employee, a copy of which is to be provided to the probationary employee. Such probationary report shall not be subject to grievance or appeal.

2. Recommendation Prior to Completion of Probationary Period. In the final performance evaluation report of the designated probationary period (end of fifth, eleventh or twenty third month of service), the department head shall furnish the Human Resources Director with a recommendation as to whether the probationary employee has been satisfactory and to be considered for a regular appointment to the class. If the probationary employee is recommended for a regular appointment to the class, the department head shall indicate the effective date upon a form the Human Resources Director may specify, otherwise the department head shall recommend the termination of the probationary appointment and provide due notice to the probationary employee. If the department head has not provided the Human Resources Director with a favorable recommendation by the beginning of the final month of the designated probationary period, the Human Resources Director shall consult the department head before initiating action to provide due notice and terminate the probationary appointment of the probationary employee prior to the completion of the designated probationary period. In no case shall a probationary employee be allowed to complete a designated or authorized extended probationary period without a favorable recommendation from the department head. If recommendation is made for rejection of the probationer by the department head, a written report of the reasons for said action shall be furnished to the Human Resources Director and to the employee two (2) weeks prior to effective date.

Section 6.02Discharge of Probationary Employee
During the probationary period of an employee they may be discharged any time by the Appointing Authority without cause and without right of appeal. Any probationary employee who has been discharged shall receive timely written notice of City Council/RSA Agenda 174 Tuesday, December 13, 2022
23 the action.

Section 6.03Unsuccessful Completion of Probationary Period Following Promotion Any employee unable to successfully complete the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted unless charges are filed and the employee is discharged in the manner provided in the Personnel Ordinance and these Rules and Regulations.

RULE VII

DISCIPLINARY ACTION/SEPARATION FROM SERVICE
Section 7.00 Notification of Action
The following procedure shall be observed in non-extreme suspensions of five (5) days or more, discharges, and disciplinary actions of regular employees.

1. The concerned employee shall be given written notice of the proposed action. Such written notice shall include a statement of the reasons that a disciplinary action is being proposed, the proposed effective date(s), and shall include a copy of the charges being considered by department management in addition to a statement of employee rights appropriate to the preliminary notice.

2. The employee shall be shown the documents or materials upon which the disciplinary action is based, and if practicable, they shall be supplied with a copy of those documents.

3. Within five (5) working days after being given an opportunity to review the documents and materials set forth in Paragraphs 1 and 2 above, the employee shall be given the right to respond to either orally or in writing (at the option of the employee) to the authority designated to receive such a written or verbal permission.

Section 7.01 Suspension
A department head may suspend an employee from their position at any time for disciplinary purposes. Such suspensions without pay shall not exceed eighty (80) work hours in any one (1) instance nor more than one hundred sixty (160) work hours in any fiscal year. Notice of intended suspension shall be transmitted immediately to the employee and the Human Resources Director.

The City Manager may suspend an employee at any time for disciplinary purposes for a period not to exceed two hundred forty (240) work hours in any fiscal year.

City Council/RSA Agenda 175 Tuesday, December 13, 2022
24 Section 7.02 Demotion
The Appointing Authority may demote an employee whose ability to perform the required duties of their position fall below standard or for disciplinary purposes. No employee shall be demoted to a position for which they does not possess the minimum qualifications.

Section 7.03 Reduction in Salary
The Appointing Authority may, within the minimum and maximum of the salary range for the position, reduce or decrease the salary level of an employee whose ability to perform the required duties of their position falls below standard or for disciplinary purposes.

Section 704 Discharge
a. An employee in the competitive service may be discharged or dismissed from the service for cause at any time by the Appointing Authority. In non-extreme cases, the employee shall be afforded the elements of the procedure outlined in Section

7.01. b. Extreme cases: an employee may be placed on administrative leave with pay pending completion of the process outlined in Section 10.00 for:

1. Gross insubordination

2. Fighting or assault on City property

3. Being under the influence of alcohol and/or controlled substances, or possession or sale of controlled substances while on duty. Possession of substances prescribed by a medical doctor for treatment of a diagnosed condition is excluded.

4. Theft of City property or property of co-workers or citizenry.

5. Unauthorized possession of explosives or firearms on City property.

6. Reckless conduct endangering the health or safety of the public or other workers on City property.

7. Sabotage or willful destruction of City property outside the scope of job performance.

8. Failure to return from absence without leave status upon notification by City to do so pursuant to Section 8.00.

Nothing in this section shall preclude an employee discharged in an extreme case from being afforded a post-action hearing or from utilization of the grievance City Council/RSA Agenda 176 Tuesday, December 13, 2022
25 procedure as provided in these Rules and Regulations.

Section 7.05 Resignation
An employee wishing to leave the competitive service in good standing shall file with their supervisor a written resignation notice, stating the effective date and reasons for leaving at least ten (10) working days before the effective date. The resignation shall be forwarded to the Human Resources Director along with other pertinent information. An employee’s failure to comply with this rule shall be entered in that employee’s service record. The resignation of an employee who fails to give the minimum ten (10) day notice shall be reported to the Human Resources Director by the supervisor immediately and shall be sufficient cause to deny subsequent request for reinstatement.

Section 7.06 Relief of Duty
Notwithstanding the provisions of this Rule, upon the recommendation of the Human Resources Director, the City Manager may approve the temporary assignment of an employee to a status of leave with pay pending conduct or completion of such investigations or opportunity to respond as may be required to determine if disciplinary action is to be taken.

RULE VIII

REPORTS AND RECORDS
The Human Resources Director shall maintain a service or personnel record for each employee in the service of the City, showing name, classification, the department to which assigned, salary changes in employment status, and such other information as may be considered pertinent by the Human Resources Director.

Section 8.00 Attendance
Employees shall be in attendance at their work assignments in accordance with the Rules regarding hours of work, holidays and leaves.

All supervisors shall maintain and submit to the designated authority, daily attendance records of all employees in the competitive and exempt services, in the same manner prescribed.
(5) Failure on the part of the employee, absent without leave, to return to work within five (5) calendar days after notice to return, shall be cause for immediate discharge, and such employee automatically waives all rights under City Council/RSA Agenda 177 Tuesday, December 13, 2022
26 this Personnel Ordinance and Rules.

The depositing in the United States mail of a first class letter, postage prepaid, addressed to the employee’s last known place of address, shall constitute reasonable notice.

Section 8.01 Change of Status
Every appointment, transfer, promotion, demotion, change of salary range, or any other temporary or permanent changes in status of an employee shall be reported to and/or approved by the Human Resources Director in the manner prescribed.

Section 8.02 Accident Reports
Any employee involved in an accident while on the job which results in personal injury or property damage of any kind, shall report that accident promptly to their supervisor. The employee and/or the supervisor shall fill out forms for reporting the accident to the Human Resources Director in the manner prescribed.

RULE IX

GRIEVANCE PROCEDURE
Section 9.00 Grievance
Any employee in the competitive service shall have the right to grieve any action relative to any disciplinary action, dismissal, demotion, suspension or alleged violation of the Personnel Ordinance, Rule, or Memorandum of Understanding, except in instances where the right of appeal is prohibited by the Personnel Ordinance or these Rules.

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 or ten (10) working days from such time as the employee could have reasonably been aware of the occurrence.

Step 2: Should the grievance remain unresolved at Step 1, the grievance may be submitted in writing to the department head or their designee within seven (7) working days of the discussion held in Step 1. A written response shall be given to the employee within seven (7) working days of submittal to the department head and their designee.

Step 3: Should the matter remain unresolved, the grievance will be submitted within seven (7) working days to the Human Resources Director and/or City Manager City Council/RSA Agenda 178 Tuesday, December 13, 2022
27 who shall give a written reply within seven (7) working days.

Step 4: Within seven (7) working days after receiving the Human Resources Director/City Manager’s response, the employee may submit the grievance to the City Council. Upon receipt of an employee grievance, the City Council shall make such investigation as it may deem necessary and shall hold a hearing within twenty (20) working days upon receipt of the grievance. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Failure of a City representative to respond within the established time limits shall allow the grievance to proceed to the next step of the procedure but shall not automatically result in granting the grievant’s requested relief or remedy.

The Human Resources Director shall notify the employee, and any concerned parties, of the date, time, and place of hearing. The hearing, unless specifically requested by the employee to be a public hearing, shall be an executive session. The City Council may continue the hearing from time to time and at the conclusion of the hearing or within ten (10) working days shall make a decision, in writing, which is final and binding.

Section 9.01 Waiver of Steps and Time Limits:

Any time limit or stage or procedure specified in this section may be waived upon consent of all parties involved. In the case of dismissals, demotions, and suspensions, the employee may initiate their grievance at the third step.

RULE X

LAY OFF
Section 10.00 Notice of Appointing Authority
Pursuant to Section 2.40 of Ordinance No. 149-76, the City Council may abolish any position or employment in the competitive series and the incumbent(s) of such positions may be laid off, demoted, or transferred, without disciplinary action.

The City Council shall notify the City Manager (Appointing Authority) of the intent to lay off whenever layoffs are necessary in the interest of economy or whenever the necessity for the position(s) no longer exists. The Appointing Authority shall immediately notify all employees and recognized employee organizations of the proposed action and allow reasonable time for representatives of the City and recognized employee organizations to meet and confer on the effects, if any, of the City Council/RSA Agenda 179 Tuesday, December 13, 2022
28 proposed actions and consider such alternatives as the affected employee organizations may propose. Such notification shall include notice of all public hearings regarding the action.

The criteria applied in determining particular employees to be laid off, transferred, or demoted, shall be those specified in these Rules, unless the lay off procedures described below conflict with the provisions of a memorandum of understanding reached pursuant to Government Code Section 3505.1, in which case the provisions of the memorandum of understanding shall control.

Section 10.01 Layoff Procedure

1. Layoff shall be on a City-wide basis by prescribed classification.

2. No regular employee in an affected classification shall be laid off if the City retains employees with non-regular status in the same classification. Employees with non-regular status in an affected classification shall be laid off in the following order:
emergency, seasonal, temporary, provisional, and probationary.

3. If authorized part-time positions in a particular classification remain after the abolishment of full-time, regular and non-regular positions, the part-time position shall be offered to the next eligible full-time employee within that classification.

4. The order of layoff by classification shall be in reverse order of seniority with the City. Seniority shall be defined as continuous uninterrupted service with the City.

5. Employees on paid or unpaid leaves of absence at the time of a layoff shall be treated the same as if they were in an employed status and do not waive right to reinstatement according to their seniority status.

6. Seniority shall be computed on the basis of most recent dates of uninterrupted employment with the City, including time spent in temporary, provisional or probationary employment status. The Seniority date shall be adjusted forward on a pro-rata basis of one-half the full time equivalent or the documented percentage of full-time employment, for uninterrupted part-time employment with the City. Uninterrupted employment is employment with the City without breaks in employment with the City of more than thirty (30) days.

7. If two (2) or more employees, within a classification, have the same seniority date, the order of layoff shall be determined, by lottery.

8. An employee who is laid off has the right of displacement to either a lower City Council/RSA Agenda 180 Tuesday, December 13, 2022
29 or lateral position previously held or to a position held by the least senior person in the successive lower classification within the classification series*, as noted in Attachment A, provided the following criteria are met:
a. the laid-off employee’s total seniority time exceeds the total seniority time with the City of at least one (1) employee in the next lower or lateral classification;
b. the laid off employee meets the full qualifications of the lower classification;
c. To displace to a position previously held the laid off employee must have held the previously held position as a permanent employee and completed probation.
* In the event that the laid-off employee cannot displace an employee in the next lower classification, the laid-off employee may exercise their displacement option in each successive lower classification in the series, provided that the criteria in §8(a) & 8(b) above are met.

9. The Appointing Authority shall first communicate to the Human Resources Director the classification(s) of positions to be considered for layoff. The Human Resources Director shall provide to the Appointing Authority a list of employees compiled on a City-wide basis who will be affected by the proposed layoff, together with designation of seniority. The Appointing Authority shall assign remaining staff to existing functions and services in a manner which in their opinion best reflects the City’s organizational needs and priorities. Such assignments and/or reassignments shall be consistent with the employee’s classification.

10. In lieu of displacing an employee to a part-time position or to a position status which differs from their position held prior to layoffs, an employee may choose to be laid-off without jeopardizing their reinstatement rights as a full-time employee.

Section 13.02 Notification of Layoff

1. In initiating layoffs, the Appointed Authority shall first communicate to the Human Resources Director the positions to be eliminated or reduced.

2. Upon receipt of the list of positions to be reduced or eliminated, the Human Resources Director shall prepare and serve a Notice of Layoff to the employees in the positions being eliminated or reduced. The notice shall contain the following information:

City Council/RSA Agenda 181 Tuesday, December 13, 2022
30 a. The numbers and classifications of the positions being reduced or eliminated and the effective date of the
reduction or elimination.
b. The seniority ranking of the employees in the affected positions, as computed by the Human Resources Director. c. A copy of Section 13 of the Personnel Rules, pertaining to layoffs and the right of displacement based on seniority.
d. A statement that the employee has the opportunity to contact the Human Resources Director or designated representative no later than ten (10) business days after receipt of the Notice of Layoff to inspect the records relating to the computation of the layoff list including the employee’s seniority rating and ranking, and to meet with the Director or designated representative regarding any corrections related to such list, rating, or ranking. The employee shall be informed that failure to contact or meet with the Director or designated representative within the prescribed period will be deemed a waiver of any objections that might have been raised regarding the list, rating or ranking.
e. A statement that the layoff will be effective on the date indicated unless the Appointing Authority advises the employee in writing otherwise prior to the effective date and time set forth on the notice.

3. The City shall provide at least thirty (30) days written notice to employees affected by a contemplated layoff and any recognized employee organization representing the affected employees.

Section 10.03 Re-Employment

1. An employee laid off or demoted in lieu of layoff shall be placed on a re-employment list in descending order of seniority in classification computed as outlined in the layoff procedures of the Personnel Rules. Laid-off employees shall remain on a re-employment list for two (2) years.

2. The laid-off employee must keep the City informed of the employee’s address and telephone number. City will send re-employment notice(s) to an employee’s last address of record by certified mail, return receipt requested, but has City Council/RSA Agenda 182 Tuesday, December 13, 2022
31 no responsibility to attempt to trace an employee if the notices are not delivered by the Post Office.

3. Within ten (10) working days after receiving the recall notice, the laidoff employee must notify the City by mail, telephone (excluding voice-mail) or in person, of their intent to return to the position offered. If, at the end of ten (10) working days from date of notice, no response has been received from the laid-off employee, the City will be entitled to fill the position in the following order:
a. the laid-off employee next in line for recall, if available for work; or
b. if the re-employment list has been exhausted, pursuant to Human Resources Rule VII, Certification and Appointment.

4. Any laid-off employee who twice declines reinstatement to their former position shall have their name removed from the reinstatement list.

5. An employee may waive reinstatement to a position that differs, from the classification and status of the employee prior to layoff without loss of position on the reinstatement list.

6. The right of reinstatement is contingent upon the ability of the employee to meet the physical and other qualifications of the position to which the employee is being returned as determined by the Human Resources Director. A recalled employee may be required to undergo a medical examination. Public safety officers will be required to undergo a background check to determine their fitness to perform the full scope of the position’s duties and responsibilities prior to reinstatement action occurring.

7. If re-employed, the period of time for which the employee was laid off shall be credited only for the purpose of calculating eligibility for vacation accrual derived from length of continuous service. Nothing herein shall require the City to make contributions on a laid-off employee’s behalf to the Public Employees’ Retirement System for the period of layoff or to credit their account with sick leave, vacation, or other leave time hours which would have been earned had the employee actually been in the employ of the City during the period of layoff.

8. Upon reinstatement, the employee shall be credited with any sick leave that was accumulated prior to layoff.

9. Layoff time that exceeds 30 days, shall cause the anniversary date of the City Council/RSA Agenda 183 Tuesday, December 13, 2022
32 employee to be adjusted commensurate with the length of absence from work, except for the purpose of determining vacations as set forth above.

10. A rehired employee shall be paid at the same salary step of the classification they had previously achieved at the time of layoff provided the new rate of pay is equal to or less than what the employee was being paid prior to the lay-off, adjusted for any negotiated pay adjustments subsequent to the employees lay-off.

City Council/RSA Agenda 184 Tuesday, December 13, 2022
33 INSERT CLASSIFICATION and COMPENSATION PLAN
City Council/RSA Agenda 185 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LILYBELL NAKAMURA, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN FOR MULTIPLE

UNREPRESENTED SEASONALAND TEMPORARY POSITIONS IN

CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE
2, SECTION 570.5
Staff recommends that the City Councilapprove the changes to the City’s Classification and Compensation Plan, effective December 26, 2022, for the unrepresented seasonal/temporary positions not subject to the Compensation and Benefits Plan.

STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to recruit, attract and retain talented employees.

BACKGROUND
The unrepresented seasonal/temporary positions include Community and Recreation Services (CRS) Program Manager, Preschool Aide, Preschool Teacher, Program Coordinator, Recreation Aide, Recreation Leader, Seasonal Maintenance Worker, Senior Recreation Leader, Intern, Project Specialist, and Retired Annuitant. These positions are at-will, non-benefited positions that are hired as-needed to provide immediate staffing support to the City and its programs.

The increases to the City’s Classification and Compensation Plan are consistent with the minimum wage increase for calendar year 2023.

DISCUSSION
Effective January 1, 2023, the hourly minimum wage increased from $15.00 to $15.50, an increase of approximately 3.33%. In order to avoid compaction, the salary ranges for each of the positions in this group is increased by 3.33%.

City Council/RSA Agenda 186 Tuesday, December 13, 2022

FISCAL IMPACT
The estimated annualcost is $51,000, split between the following three funding sources: Leisure Revolving Fund ~ $41,310 (81%), General Fund ~$8,670 (17%) and Landscape and Lighting Fund ~ $1,020 (2%).

RECOMMENDATION
Staff recommends that the City Councilapprove the changes to the City’s Classification and Compensation Plan, effective December 26, 2022, for the unrepresented seasonal/temporary positions not subject to the Compensation and Benefits Plan.

Prepared by:

Lilybell Nakamura, Human Resources Director
Submitted by:

Lilybell Nakamura, Human Resources Director
ATTACHMENTS:

Description Type
Resolution - MinimumWage Increase Resolution
Classification & Compensation Plan 12-2022 Exhibit
City Council/RSA Agenda 187 Tuesday, December 13, 2022
RESOLUTION NO. ####-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AN

AMENDMENT TO THE CITY'S CLASSIFICATION & COMPENSATION PLAN FOR MULTIPLE

UNREPRESENTED SEASONAL AND TEMPORARY POSITIONS IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, effective January 1, 2023, the hourly minimum wage in California will increase from $15.00 to $15.50, an increase of approximately 3.33%; and WHEREAS, City staff have evaluated the unrepresented seasonal/temporary positions of: Community and Recreation Services (CRS) Program Manager, Preschool Aide, Preschool Teacher, Program Coordinator, Recreation Aide, Recreation Leader, Seasonal Maintenance Worker, Senior Recreation Leader, Intern, Project Specialist and Retired Annuitant (the "Unrepresented Positions"); and WHEREAS, in order to avoid compaction, City staff recommends that the salary ranges for these Unrepresented Positions be increased by 3.33%; and
WHEREAS, the updated compensation for the Unrepresented Positions will allow the City to attract and recruit new candidates and encourage seasonal employees to return; and WHEREAS, the City Council has considered the above and has determined that the amendment to the City's Classification & Compensation Plan for the Unrepresented Positions is appropriate.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an amendment to the City's Classification & Compensation Plan to amend the following salary ranges for these Unrepresented Positions, effective December 26, 2022:

Position Title Step 1 'Step 2 Step 3 Step 4 Step 5
CRS
Program Manager

19.93 20.92 21.97 23.07 24.22
Preschool Aide 15.50 16.27
Preschool Teacher 17.71 18.60 19.53 20.51 21.53
Program Coordinator (PT) 23.25 24.41 25.63 26.91 28.26
Recreation Aide 15.50 16.27
Recreation Leader 16.61 17.44 18.31 19.22 20.19
Seasonal Maintenance Worker 22.14
Senior Recreation Leader 17.71 18.60 19.53 20.51 21.53
Intern 15.50 56.46
Project
Specialist

15.50 86.26
Retired Annuitant 15.50 133.00
City Council/RSA Agenda 188 Tuesday, December 13, 2022
Amendment #1: July 26, 2022 - Reso. No. 5984-22
City of Union City
Classification & Compensation Plan
FY 2022-2023
Effective: December 26, 2022
Amendment #2: September 27, 2022 - Reso. No. 6010-22
Amendment #3: November 8, 2022 - Reso. No. 6031-22
Amendment #4: November 8, 2022 - Reso. No. 6032-22
Amendment #5: November 8, 2022 - Reso. No. 6036-22
Amendment #6: December 13, 2022 - Reso. No. XXXX-22
City Council/RSA Agenda 189 Tuesday, December 13, 2022
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 26,492
UNREPRESENTED Min. Range Max.

Dept. Heads 20015 Asst. City Manager/Chief Financial Officer 17,004 20,436 Dept. Heads 20020 Deputy City Manager 16,383 19,650
Dept. Heads 20470 CRS Director 15,976 19,154
Dept. Heads 20515 ECD Director 15,976 19,154
Dept. Heads 20275 Finance Director 15,976 19,154
Dept. Heads 20280 Human Resources Director 15,976 19,154 Dept. Heads 20290 Information Technology Director 15,976 19,154 Dept. Heads 40010 Police Chief 20,870 21,705 22,573 23,476 24,415 Dept. Heads 20710 Public Works Director 16,277 19,522
Unrep Mgmt 21050 Assistant to City Manager 13,796 16,567 Unrep Mgmt 21185 Chief Human Resources Officer 14,487 17,396 Unrep Mgmt 21315 Chief Technology Officer 14,487 17,396 Unrep Mgmt 20030 City Clerk 11,453 11,977 12,529 13,108 13,716 Unrep Mgmt 20145 Human Resources Analyst I 7,754 8,094 8,452 8,828 9,223 Unrep Mgmt 20155 Human Resources Analyst II 9,482 9,911 10,360 10,829 11,324 Unrep Mgmt 20180 Human Resources Manager 12,108 12,666 13,248 13,862 14,505 Unrep Mgmt 20930 Supervising Construction Inspector 9,833 10,279 10,748 11,240 11,756 Unrep Non-Mgmt 21010 Administrative Specialist-Confidential 6,363 6,683 7,017 7,369 7,738 Unrep Non-Mgmt 30800 Human Resources Technician 6,985 7,336 7,694 8,087 8,487

MANAGEMENT EMPLOYEES GROUP (MEG)
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 City of Union City - Classification & Compensation Plan City Council/RSA Agenda 190 Tuesday, December 13, 2022
Management 20508 Youth & Family Services Prog Manager 9,833 10,280 10,748 11,240 11,757 Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 16,533 17,312 18,129 18,987 19,889 Police Mgmt. 40040 Police Lieutenant 14,016 14,702 15,423 16,187 16,989 Police Mgmt. 40015 Deputy Police Chief 17,342 18,155 19,010 19,904 20,848 Police Mgmt. 40045 Police Commander 14,712 15,428 16,182 16,979 17,817

POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 6,714 7,050 7,402 7,773 8,163 UCPOA 40095 Community Resources Coord 5,826 6,118 6,424 6,744 7,081 UCPOA 40090 Community Service Aide 5,748 6,004 6,273 6,557 6,856 UCPOA 40240 Confidential Operations Assistant 6,688 7,023 7,374 7,742 8,130 UCPOA 40080 Crime Analyst 8,163 8,571 8,999 9,450 9,922 UCPOA 40070 Dispatch Clerk 6,355 6,530 6,824 7,135 7,460 UCPOA 40170 Dispatch Clerk Trainee 5,503
UCPOA 40063 Personnel and Training Supervisor 6,714 7,050 7,403 7,773 8,163 UCPOA 40130 Police Corporal 11,091
UCPOA 40230 Police Dept. Office Coord. 5,785 6,076 6,379 6,698 7,034 UCPOA 40140 Police Office Assistant 5,273 5,537 5,814 6,105 6,410 UCPOA 40050 Police Officer 8,056 8,428 8,809 9,184 9,646 10,129 10,635 UCPOA 40150 Police Officer Recruit I 6,455
UCPOA 40160 Police Officer Recruit II 7,622
UCPOA 40060 Police Records Supervisor 6,714 7,050 7,402 7,773 8,163 UCPOA 40030 Police Sergeant 10,888 11,377 11,882 12,476 13,100 UCPOA 40120 Prisoner Transportation Officer 5,748 6,004 6,273 6,557 6,856 UCPOA 40100 Property & Evidence Specialist 5,748 6,004 6,273 6,557 6,856 UCPOA 40065 Property & Evidence Supervisor 6,714 7,050 7,402 7,773 8,163 UCPOA 40110 Public Services Officer I 5,826 6,118 6,424 6,744 7,081 UCPOA 40180 Public Services Officer II 6,133 6,441 6,763 7,099 7,455 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 36.67 37.67 39.37 41.16 43.04 UCPOA PT 40120 Prisoner Transportation Officer (PT) 33.16 34.64 36.19 37.83 39.55 UCPOA PT 40181 Public Services Officer I (PT) 33.61 35.30 37.06 38.91 40.85 UCPOA PT 40182 Public Services Officer II (PT) 35.38 37.16 39.02 40.95 43.01 PD UNREPRESENTED PART-TIME (hourly rates shown) Min. Range Max.

Unrep. Police PT 60120 Police Cadet 15.86 16.65 17.48
Unrep. Police PT 60150 Police Officer Trainee 41.13

PROFESSIONAL EMPLOYEES GROUP (PEG)
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 30185 Lead Construction Inspector 9,325 9,776 10,192 10,677 11,163 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 City of Union City - Classification & Compensation Plan City Council/RSA Agenda 191 Tuesday, December 13, 2022
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES GROUP (PEG) (CONT.)
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

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)
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 50400 Technical Support Specialist I 5,512 5,789 6,067 6,344 6,587 SEIU 1021 50405 Technical Support Specialist II 6,101 6,413 6,725 7,037 7,315 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 City of Union City - Classification & Compensation Plan City Council/RSA Agenda 192 Tuesday, December 13, 2022
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 Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
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 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 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 15.63 16.43 17.25 18.11 19.04 SEIU 1021 PT 50539 PT Homeless Program Outreach Worker 23.18 24.34 25.56 26.84 28.18 SEIU 1021 PT 50538 PT Street Outreach Worker 23.18 24.34 25.56 26.84 28.18 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager 19.93 20.92 21.97 23.07 24.22 Unrep. Gen. PT 60100 Preschool Aide 15.50 16.27
Unrep. Gen. PT 60090 Preschool Teacher 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60072 Program Coordinator (PT) 23.25 24.41 25.63 26.91 28.26 Unrep. Gen. PT 60232 Recreation Aide 15.50 16.27
Unrep. Gen. PT 60233 Recreation Leader 16.61 17.44 18.31 19.22 20.19 Unrep. Gen. PT 60300 Seasonal Maintenance Worker 22.14
Unrep. Gen. PT 60234 Senior Recreation Leader 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60600 Intern 15.50 56.46
Unrep. Gen. PT 60570 Project Specialist 15.50 86.26
Unrep. Gen. PT 60400 Retired Annuitant 15.50 133.00
City of Union City - Classification & Compensation Plan City Council/RSA Agenda 193 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
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 DECEMBER 13 PURSUANT TO AB 361 AND ADOPT

A RESOLUTION CONFIRMING THE CONTINUED EXISTENCE OF A
LOCAL EMERGENCY DUE TO COVID-19
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). Additionally, staff recommends that the City Councilconfirm the continued existence of the localemergency.

On May 24, 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 November 29, 2022.

The City Council ratified a proclamation of localemergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Council has continually confirmed the continued existence of the localemergency due to the COVID-19 pandemic in accordance with state law since May 12, 2020. City staff and the City Attorney recommend that the City Councilconfirm the continued existence of the localemergency.

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

BACKGROUND
City Council/RSA Agenda 194 Tuesday, December 13, 2022
Assembly Bill 361
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.

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.

Confirming Continued Existence of a Local Emergency
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter

2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novelcoronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Counciladopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.

On May 12, 2020, the City Counciladopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. The City Council has continually adopted resolutions confirming the continued existence of the localemergency since June 23, 2020.

DISCUSSION
AB 361
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; City Council/RSA Agenda 195 Tuesday, December 13, 2022
• 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 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.

Continued Emergency
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a localemergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of localemergency to ensure there is no interruption in the declaration of the continued localemergency.

The conditions that prompted the original declaration of a localemergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high.

There are now 362,612 cases within the County, and 2,091 deaths (as of December 8, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.

Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federalagencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.

If adopted, the declaration of emergency willcontinue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.

FISCAL IMPACT
City Council/RSA Agenda 196 Tuesday, December 13, 2022
There is no fiscal impact of adopting this Resolution.

RECOMMENDATION
Staff recommends that the City Counciladopt resolutions to continue the declaration of emergency and 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
Emergency COVIDResolution December 2022 Resolution
City Council/RSA Agenda 197 Tuesday, December 13, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN

PERSON WOULD PRESENT IMMINENT RISKS TO THE

HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING

REMOTE TELECONFERENCED MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR
THE 30 DAY PERIOD BEGINNING DECEMBER 13
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 198 Tuesday, December 13, 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, CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; 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.5, 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:
a) The City Council has reconsidered the circumstances of the state of emergency; and
City Council/RSA Agenda 199 Tuesday, December 13, 2022
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) 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 200 Tuesday, December 13, 2022
1 CITY OF UNION CITY

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Union City Municipal Code Section

2.28.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 16, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 12, 2020, the City Council adopted Resolution No. 5595-20 confirming the continued existence of the local emergency; and WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals of the previous continued emergency resolutions are incorporated into this Resolution as if stated herein; and
WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and as of December 8, 2022, there are now over 362,612 confirmed cases of COVID-19 within the County, and 2,091 deaths; and
City Council/RSA Agenda 201 Tuesday, December 13, 2022
2 WHEREAS, since the initial declaration of a local emergency on March 16, 2020 the highly contagious Delta and Omicron variants, as well as Omicron sub-variants, have emerged and resulted in COVID-19 infections; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Union City residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Union City due to COVID-19.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Union City hereby declares as follows:

1. The local emergency declared by Resolution No. 5572-20 due to the COVID-19 pandemic continues to exist within the City of Union City.

2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Union City.

3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.

4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630.

City Council/RSA Agenda 202 Tuesday, December 13, 2022
Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: RESOLUTION ACCEPTING THE ANNUAL REPORTS FOR FISCALYEAR 2021-2022 CONCERNING SOURCES AND USES OF DEVELOPMENT
IMPACT FEES PURSUANT TO GOVERNMENT CODE SECTION 66000, ET SEQ. AND MAKING CERTAIN FINDINGS RELATED THERETO
Staff recommends that the City Council adopt a resolution accepting the Annual Reports for Fiscal Year 2021-2022 concerning sources and uses of Development Impact Fees pursuant to Government Code Section 66000, et seq. and making certain findings related thereto.

STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.

BACKGROUND
Established under California Government Code 66000, Development Impact Fees are one-time charges by a local agency to finance some or all of the cost of providing public facilities related to a new development project. The enacting agency must identify the uses for the fees and show that there is a reasonable relationship between the public facilities needed and the development upon which the fees will be assessed. These fees can only be used for capital projects and cannot be used for ongoing salaries.

The City has established eight Development Impact Fees that are assessed on development within the City for the following purposes:

Capital Facilities Improvements (Fund 4110)
Decoto Industrial Park Study Area (DIPSA) Development (Fund 2660) Traffic Signalization (Fund 2610)
Park Facilities (Fund 4120)
Special Parks (Fund 2550)
City Council/RSA Agenda 203 Tuesday, December 13, 2022
Fire Equipment Acquisition (Fund 2210)
Public Art (Fund 2655)
Affordable Housing (Fund 2350)
The resolution and the reports attached to it demonstrate a reasonable relationship between the fees and the purposes for which each is assessed.

DISCUSSION
As required under AB 1600 guidelines, the reports provide:

A brief description of the type of fee
The amount of the fee
Beginning and ending fund balances, including total fees collected and investment earnings, if applicable Identification of the public improvement(s) the fees were used for Identification and timeline of public improvements any unexpended fees will be used for Description and uses for transfers or loans of fees, if applicable Amount of refunds made pursuant to Section 66001(e), if applicable Amount of allocations pursuant to Section 66001(f), if applicable The attached reports show that the ending fund balances for Development Impact Fees total $6,575,367.11 as of June 30, 2022, allocated as follows:

Development Impact Fee Funds (Fund
Numbers)
Ending Fund Balances as
of June 30, 2022
Capital Facilities Improvement (Fund 4110) $926,773.54
DIPSA Development (Fund 2660) $330,826.33
Traffic Signalization (Fund 2610) $420,079.00
Park Facilities (Fund 4120) $1,651,773.69
Special Parks (Fund 2550) $2,047,689.59
Fire Equipment Acquisition (Fund 2210) $127,753.59
Public Art (Fund 2655) $957,361.37
Affordable Housing (Fund 2350) $113,110.00
Total All Ending Fund Balances $6,575,367.11

FISCAL IMPACT
There is no fiscal impact related to the review and approval of this resolution and the accompanying reports.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting the Annual Reports for Fiscal Year 2021-2022 concerning sources and uses of Development Impact Fees pursuant to Government Code Section 66000, et seq. and making certain findings related thereto.

Prepared by:

City Council/RSA Agenda 204 Tuesday, December 13, 2022
Jackie Acosta, Finance Director
Griffin Ellis, Accountant
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Resolution -AB1600Annual Reports Resolution
Exhibit A to Resolution Exhibit
City Council/RSA Agenda 205 Tuesday, December 13, 2022
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING THE ANNUAL REPORTS FOR FISCAL YEAR 2021-2022

CONCERNING SOURCES AND USES OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE SECTION 66000, ET SEQ. AND MAKING

CERTAIN FINDINGS RELATED THERETO
WHEREAS, pursuant to its authority under Government Code 66000 et seq., the City previously adopted eight Development Impact Fees within the City in order to mitigate the impacts of new developments on public services and facilities in the City (each a “Fee”); and WHEREAS, at the time the Fees were adopted, the City adopted a report for each Fee that demonstrated a reasonable relationship between the Fee and the purpose for which it is assessed; and
WHEREAS, pursuant to California Government Code Section 66000 et seq. (“AB 1600”), the City is required to prepare an annual report providing the following information about each Fee:
 A brief description of the type of fee
 The amount of the fee
 Beginning and ending fund balances, including total fees collected and investment earnings, if applicable
 Identification of the public improvement(s) the fees were used for  Identification and timeline of public improvements any unexpended fees will be used for  Description and uses for transfers or loans of fees, if applicable  Amount of refunds made pursuant to Section 66001(e), if applicable  Amount of allocations pursuant to Section 66001(f), if applicable; and WHEREAS, the City has prepared annual reports for Fiscal Year 2021-2022, which include the required information for each Fee and which have been made available to the public and which are attached hereto as Exhibit No. 1; and
WHEREAS, notice of the meeting at which this Resolution was considered by the City Council was provided to those on record with the City Clerk requesting such notice.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the Annual Reports for Fiscal Year 2021-2022 concerning sources and uses of Development Impact Fees pursuant to Government Code Section 66000, et seq., attached hereto as Exhibit A, and hereby determines that the reports comply with the requirements of AB 1600.

City Council/RSA Agenda 206 Tuesday, December 13, 2022
BE IT FURTHER RESOLVED by the City Council of the City of Union City that any Fees collected and unexpended are accounted for and are still needed for the purposes for which they were collected.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13
th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
______________________________ ______________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 207 Tuesday, December 13, 2022

CITY OF UNION CITY
AB 1600 DEVELOPMENT IMPACT FEE REPORT
FISCAL YEAR 2021-2022
City Council/RSA Agenda 208 Tuesday, December 13, 2022

TABLE A
Government
Code Section
66006(b)
(A) A brief description of the type of development fee in the fund:

Capital facilities fee imposed on each new residential development in the City based on, and in proportion to, the capital facility needs generated by such development.
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

Single-Family $ 12,231.00
Single-Family, Secondary Dwelling 8,624.00 $
Multi-Family $ 8,624.00
Developer Non-Developer
Fee Fee Total
(C) Adjusted Beginning Fund Balance 7-1-2021 (180,468 $ 1,606,437.88 .45) $ 1,425,969.43 $ Revenues:

Development Fees Collected 41,920.65 41,920.65
BAB Interest Reimbursement 2,495.01 2,495.01
Available Funds $ 1,608,932.89 (138,547.80) $ 1,470,385.09 $ Less: Expenditures (Detailed in Exhibit a1) (31,728.80) (511,882.75) (543,611.55) Ending Fund Balance 6-30-2022 $ (650,430.55) $ 1,577,204.09 $ 926,773.54 Revenue and Expenditure Summary Report (Please see Exhibit a3) Revenue and Expenditure History Report (Please see Exhibit a4) 5-Year Expenditure Limit Analysis (Please see Exhibit a5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence.
(F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None (Please see Exhibit a1)
(Please see Exhibit a2)
(Please see Exhibit a6)

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND
FISCAL YEAR 2021-2022
2 City Council/RSA Agenda 209 Tuesday, December 13, 2022 Exhibit a1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Police Patrol 21004 $ 2% 347,000.00 $ 15,872,929.58 15,525,929.58 $ HMGP Senior Center Generator 91817 9% 750.00 8,658.66 7,908.66 Ruggieri Senior Center Shower Repairs 92116 100% 93,939.95 93,939.95 - City-Owned Building Repairs & Renovation 92119 100% 70,192.80 70,192.80 - Energy Conservation 90924 6% 31,728.80 528,813.24 497,084.44 Total Expenditures $ 543,611.55 $ 16,030,922.68 $ 16,574,534.23

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
3 City Council/RSA Agenda 210 Tuesday, December 13, 2022 Exhibit a2
Approximate
Commencement Date
WORK IN-PROGRESS:

Police Patrol JUL 2006
Energy Conservation OCT 2012
NEW PUBLIC IMPROVEMENT PROJECTS:

HMGP Senior Center Generator MAR 2021
Ruggieri Senior Center Shower Repairs JUL 2021
City-Owned Building Repairs & Renovation OCT 2021
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

CITY OF UNION CITY

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES Description
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
4 City Council/RSA Agenda 211 Tuesday, December 13, 2022 Exhibit a3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 1,425,969.43 REVENUES:

Residential Development Impact Fees $ 41,920.65
BAB Interest Reimbursement 2,495.01
Total Revenues $ 44,415.66
EXPENDITURES:

Police Patrol $ 347,000.00
HMGP Senior Center Generator 750.00
Ruggieri Senior Center Shower Repairs 93,939.95
City-Owned Building Repairs & Renovation 70,192.80
Energy Conservation 31,728.80
Total Expenditures $ 543,611.55
Ending Fund Balance 6-30-2022 $ 926,773.54

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
5 City Council/RSA Agenda 212 Tuesday, December 13, 2022 Exhibit a4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Residential Development Impact Fee 17,248.00 $ 637,396.00 $ 398,901.00 $ 20,855.00 $ 11,252.52 $ 41,920.65 $ $ 3,737,679.20 1,110,325.17 $ (2,627,354.03) $ A Investment Earnings 24,745.80 24,623.16 45,605.73 38,579.99 - - - 108,931.52 108,931.52 B Interest-Other 14,777.38 1,875.05 5,929.30 1,879.81 - - - 22,586.49 22,586.49 C Proceeds-Lease Financing 4,400,000.00 307,624.75 103,414.00 - - - 2,289,307.24 411,038.75 (1,878,268.49) D Miscellaneous Receipts - - 6,692.00 - - - - 6,692.00 6,692.00 E BAB Interest Reimbursement 4,201.88 2,660.16 4,858.58 3,272.58 2,914.01 2,495.01 151,874.86 16,200.34 (135,674.52) F Contribution from Outside/Private Sources - - - 301,840.00 - - - 301,840.00 301,840.00 G Transfers-In 10,000.00 1,400,000.00 - - - - 39,516.09 10,000.00 (29,516.09) H Adjustment to Beginning Fund Balance - - - - 18,678.46 15,832.51 - 34,510.97 34,510.97 I Total Revenues $ 997,204.09 5,847,948.09 $ 565,400.61 $ 366,427.38 $ 32,844.99 $ 60,248.17 $ 2,022,125.24 $ 6,218,377.39 $ (4,196,252.15) $ Expenditures:Police Patrol $ 76,233.21 133,011.23 $ 165,643.33 $ 202,892.73 $ 73,761.18 $ 347,000.00 $ $ 865,530.45 A Union City Parking Program 77,048.84 - - - - - 77,048.84 A Financial System Upgrade 12,449.80 - - - - - - A
Desktop and Laptop Computer Lease Project 142,476.76 439,844.70 248,798.21 111,572.99 2,602.58 - 802,818.48 A HP Lease #2426597744LP005 & LP006 - - 144,489.21 38,426.86 38,426.86 - 221,342.93 A PD Bldg Upgrade/Remodel-Investigations 9,185.64 - - - - - - A PD Bldg Upgrade/Remodel-Lieutenant's Ofc 36,637.46 106,751.54 - - - - 106,751.54 A PD Briefing Room Remodel 199,573.97 - - - - - - A
Public Address/Sound Masking Project 125,462.12 - - - - - - A Offsite Property Room/Office (41,222.72) - - - - - - A
Ruggieri Senior Center Improvement 7,924.00 - - - - - - A Energy Conservation 29,036.63 28,383.70 29,697.87 30,367.24 31,044.32 31,728.80 151,874.86 F Youth/Teen Center Project-Kennedy Center 45,463.97 1,110,664.98 11,848.08 2,273.29 2,324.72 - 1,127,111.07 A FS 32 Paint, Parking, Server Room, Restroom 131,627. - 23 - - - - - A Demolition of Old Hedge-Hog Building 40,558.00 - - - - - - A Emergency Generator At Fire Station #31 75,941.86 125,756.01 - - - - 125,756.01 A Mark Green Sports Center/Tots Playground 12,680.00 9,737.42 618.52 - - - 10,355.94 A Centro De Serv-Quonset Bldg Electrical 34,237.36 - - - - - - A Energy Efficiency Project 2,155,154.99 1,956,302.38 332,130.33 874.53 - - 2,289,307.24 D UC Library Carpet Replacement-Phase 2 - 59,830.00 - - - - 59,830.00 A FS 30 Generator Replacement 1,000.00 - - - - - 1,000.00 A City Hall Carpet Replacement 490.00 - 1,659.50 38,962.00 - - 41,111.50 A FS 30 Exterior Painting - - 28,595.50 - - - 28,595.50 A CH-Window Coverings Replacement - 14,200.73 - - - - 14,200.73 A HMGP Senior Center Shower Repairs - - - - - 750.00 750.00 A CH Emergency Generator Line Leak Detector - - - 38,852.51 7,439.99 - 46,292.50 A FS 33 HVAC Repair - - - - 44,765.00 - 44,765.00 A
Ruggieri Senior Center Shower Repairs - - - - - 93,939.95 93,939.95 A City-Owned Building Repairs & Renovation - - - - - 70,192.80 70,192.80 A Transfers-Out - - - 39,516.09 - - 39,516.09 H
Adjustment to Beginning Fund Balance - - - - - 285.96 285.96 A Total Expenditures $ 4,006,896.44 3,149,545.37 $ 963,480.55 $ 503,738.24 $ 200,364.65 $ 543,897.51 $ $ 6,218,377.39 Revenues Over/(Under) Expenditures $ (3,009,692.35) 2,698,402.72 $ (398,079.94) $ (137,310.86) $ (167,519.66) $ (483,649.34) $ (4,196,252.15) $ Beginning Fund Balance 2,424,622.97 5,123,025.69 2,113,333.34 1,715,253.40 1,577,942.54 1,410,422.88 5,123,025.69 Ending Fund Balance $ 5,123,025.69 $ 2,113,333.34 $ 1,715,253.40 $ 1,577,942.54 $ 1,410,422.88 $ 926,773.54 $ 926,773.54

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

REVENUE AND EXPENDITURE HISTORY REPORT
6 City Council/RSA Agenda 213 Tuesday, December 13, 2022 Exhibit a5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2016-2017, bal fwd 5,123,025.69 $ $ 963,480.55 4,006,896.44 $ 152,648.70 $ - $ - $ $ - FY 2017-2018 997,204.09 - - 351,089.54 200,364.65 445,749.90 - FY 2018-2019 565,400.61 - - - - 98,147.61 467,253.00
FY 2019-2020 366,427.38 - - - - - 366,427.38
FY 2020-2021 32,844.99 - - - - - 32,844.99
FY 2021-2022 60,248.17 - - - - - 60,248.17
Total Expenditures $ 4,006,896.44 $ 963,480.55 $ 503,738.24 $ 200,364.65 $ 543,897.51 $ 926,773.54 Within 5 Year Limit
Over the 5 Year Limit
Revenues

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Balance
7 City Council/RSA Agenda 214 Tuesday, December 13, 2022 Exhibit a6
Date Type From Amount Description
Equity transfer out. Applying escrow balance to
Capital One Loan (4110-8888-00000-59110).

Interfund transfer to Fund 4110
Interfund transfer to Fund 4110
6-30-2017 Transfers-In Other City Fund 1,400,000.00 $
1-24-2020 Transfers-Out 4110 - Capital Facilities
Improvement Fund $ 39,516.09

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

DESCRIPTION OF INTERFUND TRANSFERS
6-30-2018 Transfers-In Other City Fund 10,000.00 $
8 City Council/RSA Agenda 215 Tuesday, December 13, 2022

TABLE B
Government
Code Section
66006(b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

For residential construction in DIPSA area only
Single-Family $ per unit 12,613.00
Multi-Family $ per unit 7,469.00
(C) Adjusted Beginning Fund Balance 7-1-2021 $ 474,344.82 Revenues:

Misc. County/Local Grants $ 1,397.72 1,397.72
Less: Expenditures (Detailed in Exhibit b1) (144,916.21) Ending Fund Balance 6-30-2022 $ 330,826.33
Revenue and Expenditure Summary Report (Please see Exhibit b3) Revenue and Expenditure History Report (Please see Exhibit b4) 5-Year Expenditure Limit Analysis (Please see Exhibit b5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None (Please see Exhibit b2)

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2660 - DIPSA DEVELOPMENT FUND
FISCAL YEAR 2021-2022
DIPSA Development Impact Fee imposed on new developments situated within the geographic area of the City's Decoto Industrial Park Study Area (DIPSA). The fees are based on, and in proportion to, the capital facility needs generated by such development.
(Please see Exhibit b1)
9 City Council/RSA Agenda 216 Tuesday, December 13, 2022 Exhibit b1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
PD Rec/Com/Prop Radio Equipment (Lease# 23302) 21011 $ <1% 1,817,076.23 2,575.06 $ 1,819,651.29 $ Quarry Lakes Parkway (East-West Connector) 91804 101,684.15 13% 668,855.34 770,539.49 11th Street Fountain Repairs 91916 37,787.00 100% - 37,787.00 Gateway (Caltrans) Site-Plans & Studies 84804 2,870.00 100% - 2,870.00 Total Expenditures $ 144,916.21 $ 2,630,847.78
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
10 City Council/RSA Agenda 217 Tuesday, December 13, 2022 Exhibit b2
Approximate
Description Commencement Date
WORK IN-PROGRESS:

PD Rec/Com/Prop Radio Equipment (Lease# 23302) JULY 2010 Quarry Lakes Parkway (East-West Connector) MAR 2019
11th Street Fountain Repairs JUN 2019
NEW PUBLIC IMPROVEMENT PROJECTS:

Gateway (Caltrans) Site-Plans & Studies JULY 2021

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
11 City Council/RSA Agenda 218 Tuesday, December 13, 2022 Exhibit b3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 474,344.82
REVENUES:

Misc. County/Local Grants $ 1,397.72
Total Revenues $ 1,397.72
EXPENDITURES:

PD Rec/Com/Prop Radio Equipment (Lease# 23302) $ 2,575.06 Quarry Lakes Parkway (East-West Connector) 101,684.15
11th Street Fountain Repairs 37,787.00
Gateway (Caltrans) Site-Plans & Studies 2,870.00
Total Expenditures $ 144,916.21
Ending Fund Balance 6-30-2022 $ 330,826.33

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
12 City Council/RSA Agenda 219 Tuesday, December 13, 2022 Exhibit b4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:DIPSA Development Fees $ - - $ - $ - $ - $ - $ $ 620,043.22 - $ (620,043.22) $ A Investment Earnings 12,912.50 14,499.86 25,500.81 17,476.49 - - - 55,889.80 55,889.80 B Miscellaneous Receipts - - 11,235.19 - - - - 11,235.19 11,235.19 C Proceeds Lease Financing 13,000.00 306,441.71 - - - - 292,882.34 13,000.00 (279,882.34) D Misc. County/Local Grants - - - - 11,413.53 1,397.72 - 12,811.25 12,811.25 E Adjustment to Beginning Fund Balance - - - - 8,052.98 6,250.05 - 14,303.03 14,303.03 F Total Revenues $ 25,912.50 320,941.57 $ 36,736.00 $ 17,476.49 $ 19,466.51 $ 7,647.77 $ 107,239.27 $ 912,925.56 $ (805,686.29) $ Expenditures:Police Training/ PD Computer Rental $ 61,495.53 - $ 2,318.74 $ - $ - $ - $ 63,814.27 $ A PD Rec/Com/Prop Radio Equipment-Lse 23302 377,305.54 86,486.59 67,940.23 67,940.23 67,940.23 2,575.06 292,882.34 DFinancial System Upgrade - 5,000.00 - - - - - AUnderground Utility-Mission, Decoto - 7,608.73 - - - - - AWCA Design Built Parking Lot Mixed Use 4,970.66 - 2,683.94 2,310.00 1,932.00 - 11,896.60 A Quarry Lakes Parkway (East-West Connector) - - 64,198.75 106,722.92 149,422.43 101,684.15 422,028.25 A 11th Street Fountain Repair - - 111.25 37,095.75 44,440.10 37,787.00 119,434.10 A Gateway (Caltrans) Site-Plans & Studies - - - - - 2,870.00 2,870.00 A Total Expenditures $ 152,952.78 389,914.27 $ 137,252.91 $ 214,068.90 $ 263,734.76 $ 144,916.21 $ 912,925.56 $ Revenues Over/(Under) Expenditures (68,972.70) $ (127,040.28) $ (100,516.91) $ (196,592.41) $ (244,268.25) $ (137,268.44) $ (805,686.29) $ Beginning Fund Balance 2,887,333.52 1,136,512.62 1,009,472.34 908,955.43 712,363.02 468,094.77 1,136,512.62 Ending Fund Balance $ 1,136,512.62 $ 1,009,472.34 $ 908,955.43 $ 712,363.02 $ 468,094.77 $ 330,826.33 $ 330,826.33 1,681,848.20 Reservation for Land Held for Resale
FUND 2660 - DIPSA DEVELOPMENT FUND

CITY OF UNION CITY

REVENUE AND EXPENDITURE HISTORY REPORT
13 City Council/RSA Agenda 220 Tuesday, December 13, 2022 Exhibit b5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2015-2016, bal fwd 815,571.05 $ 152,952.78 $ 137,252.91 $ 214,068.90 $ 263,734.76 $ 47,561.70 $ - $ FY 2016-2017, bal fwd* 320,941.57 - - - - 97,354.51 223,587.06 FY 2017-2018 25,912.50 - - - - - 25,912.50
FY 2018-2019 36,736.00 - - - - - 36,736.00
FY 2019-2020 17,476.49 - - - - - 17,476.49
FY 2020-2021 19,466.51 - - - - - 19,466.51
FY 2021-2022 7,647.77 - - - - - 7,647.77
Total Expenditures $ 152,952.78 $ 137,252.91 $ 214,068.90 $ 263,734.76 $ 144,916.21 $ 330,826.33 Within 5 Year Limit
Over the 5 Year Limit
*FY 2016-2017 bal fwd Not including Reservation for Land Held for Resale Revenues Balance

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
14 City Council/RSA Agenda 221 Tuesday, December 13, 2022

TABLE C
Government
Code Section
66006(b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:
a) $ per acre 1,960.00
b) $ per acre 1,568.00
c) $ per acre 1,568.00
d) $ per acre 3,528.00
e) $ per acre 6,075.00
f) $ per acre 3,037.00
g) $ per acre 1,098.00
(C) Adjusted Beginning Fund Balance 7-1-2021 $ 544,664.69 Revenues:

Development Fees Collected 8,677.73 $ 8,677.73
Less: Expenditures (Detailed in Exhibit c1) (133,263.42) Ending Fund Balance 6-30-2022 $ 420,079.00
Revenue and Expenditure Summary Report (Please see Exhibit c3) Revenue and Expenditure History Report (Please see Exhibit c4) 5-Year Expenditure Limit Analysis (Please see Exhibit c5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None Zoning - Single Family and ADU
Zoning - Commercial
Zoning - Industrial
Zoning - Mobile Home
(Please see Exhibit c1)
(Please see Exhibit c2)
Zoning - Accessory Dwelling (ADU)

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2610 - TRAFFIC SIGNALIZATION FUND
FISCAL YEAR 2021-2022
Development Impact Fee imposed on new developments for the purpose of traffic signal installation, based on, and in proportion to, the traffic signal needs generated by such development.

Zoning - Single-Family
Zoning - Multi-Family
15 City Council/RSA Agenda 222 Tuesday, December 13, 2022 Exhibit c1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Upgrade Traffic Signal System 90506 29,818.25 $ 100% - $ 29,818.25 $ IDEA Grant Traffic Signal Improvements 91727 9% 352,915.96 35,924.97 388,840.93 Traffic Signal & Communication Master Plan 92124 100% - 23,254.00 23,254.00 Traffic Signal Maintenance Program 92126 100% - 44,266.20 44,266.20 Total Expenditures $ 133,263.42 $ 486,179.38
Exhibit c2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

Upgrade Traffic Signal System APR 2009
IDEA Grant Traffic Signal Improvements OCT 2018
NEW PUBLIC IMPROVEMENT PROJECTS:

Traffic Signal & Communication Master Plan DEC 2021
Traffic Signal Maintenance Program JAN 2022

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND
16 City Council/RSA Agenda 223 Tuesday, December 13, 2022 Exhibit c3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 544,664.69 $
REVENUES:

Traffic Signal Fees 8,677.73 $
Total Revenues $ 8,677.73
EXPENDITURES:

Upgrade Traffic Signal System 29,818.25 $
IDEA Grant Traffic Signal Improvements 35,924.97
Traffic Signal & Communication Master Plan 23,254.00
Traffic Signal Maintenance Program 44,266.20
Total Expenditures $ 133,263.42
Ending Fund Balance 6-30-2022 $ 420,079.00

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
17 City Council/RSA Agenda 224 Tuesday, December 13, 2022 Exhibit c4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Traffic Signal Fee $ 147,164.35 9,251.23 $ 33,817.00 $ 45,346.00 $ 16,974.32 $ 8,677.73 $ 251,979.40 $ 395,774.54 $ (143,795.14) $ A Special Assessment - - - 2,998.00 - - 2,998.00 - 2,998.00 B Investment Earnings 7,307.04 6,576.21 17,112.62 14,323.59 - - 38,743.25 - 38,743.25 C Federal St/Rd Reimb (HSIPL 5345) - - 3,440.80 - - - 3,440.80 - 3,440.80 D Adjustment to Beginning Fund Balance - - 5,205.70 - 6,805.20 6,026.05 - 18,036.95 18,036.95 E Total Revenues 15,827.44 $ 154,471.39 $ 59,576.12 $ 62,667.59 $ 23,779.52 $ 14,703.78 $ 315,198.40 $ 395,774.54 $ (80,576.14) $ Expenditures:170 E Signal Controller Replacement $ - 7,526.66 $ - $ - $ - $ - $ - $ A Upgrade Traffic Signal System 22,725.45 - 17,264.18 23,069.17 34,115.75 29,818.25 126,992.80 ABattery Backup System-Citywide - 6,375.00 11,628.19 33,266.56 - - 44,894.75 A ANR Pedestrian Safety Improvements - 49,489.23 - - - - - AHSIP 7 Traffic Signal Improvements 9,705.81 1,063.38 4,358.80 54,831.16 - - 68,895.77 A IDEA Grant Traffic Signal Imp - - 1,788.87 26.25 31,172.22 35,924.97 68,912.31 AAlvarado Blvd Interconnect - - 10,000.00 - - - 10,000.00 ATraffic Signal & Communication MP - - - - - 23,254.00 23,254.00 ATraffic Signal Maintenance Program - - - - - 44,266.20 44,266.20 AAdjustment to Beginning Fund Balance - - - - - 8,558.71 8,558.71 ATotal Expenditures 64,454.27 $ 32,431.26 $ 45,040.04 $ 111,193.14 $ 65,287.97 $ 141,822.13 $ 395,774.54 $ Revenues Over/(Under) Expenditures (48,626.83) $ 122,040.13 $ 14,536.08 $ (48,525.55) $ (41,508.45) $ (127,118.35) $ (80,576.14) $ Beginning Fund Balance 549,281.97 500,655.14 622,695.27 637,231.35 588,705.80 547,197.35 500,655.14 Ending Fund Balance $ 500,655.14 $ 622,695.27 $ 637,231.35 $ 588,705.80 $ 547,197.35 $ 420,079.00 $ 420,079.00

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND

REVENUE AND EXPENDITURE HISTORY REPORT
18 City Council/RSA Agenda 225 Tuesday, December 13, 2022 Exhibit c5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2011-2012, bal fwd 25,807.40 $ 25,807.40 $ - $ - $ - $ - $ - $ FY 2012-2013, bal fwd 6,408.80 6,408.80 - - - - -
FY 2013-2014, bal fwd 2,508.34 215.06 2,293.28 - - - -
FY 2014-2015, bal fwd 129,830.52 - 42,746.76 87,083.76 - - - FY 2015-2016, bal fwd 320,272.64 - - 24,109.38 65,287.97 141,822.13 89,053.16 FY 2016-2017, bal fwd 15,827.44 - - - - - 15,827.44
FY 2017-2018 154,471.39 - - - - - 154,471.39
FY 2018-2019 59,576.12 - - - - - 59,576.12
FY 2019-2020 62,667.59 - - - - - 62,667.59
FY 2020-2021 23,779.52 - - - - - 23,779.52
FY 2021-2022 14,703.78 - - - - - 14,703.78
Total Expenditures $ 32,431.26 $ 45,040.04 $ 111,193.14 $ 65,287.97 $ 141,822.13 $ 420,079.00 Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues Balance
19 City Council/RSA Agenda 226 Tuesday, December 13, 2022

TABLE D
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

For residential non-subdivided property only 2,945.00 $ per unit (C) Adjusted Beginning Fund Balance 7-1-2021 $ 1,651,773.69 Revenues:

Development Fees Collected $ - -
Less: Expenditures (Detailed in Exhibit d1) -
Ending Fund Balance 6-30-2022 $ 1,651,773.69
Revenue and Expenditure Summary Report (Please see Exhibit d3) Revenue and Expenditure History Report (Please see Exhibit d4) 5-Year Expenditure Limit Analysis (Please see Exhibit d5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 4120 - PARK FACILITIES FUND
FISCAL YEAR 2021-2022
To account for funds collected from new non-subdivided residential construction (apartments) developers. These monies will be used for park facilities and the costs of acquiring land for park improvements. These fees are based on, and in proportion to, the park facilities needs generated by such development. (Please see Exhibit d1)
(Please see Exhibit d2)
20 City Council/RSA Agenda 227 Tuesday, December 13, 2022 Exhibit d1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
None $ 0% - - $ - $
Total Expenditures $ - $ -
Exhibit d2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

None N/A
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND
21 City Council/RSA Agenda 228 Tuesday, December 13, 2022 Exhibit d3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 1,651,773.69 REVENUES:

Park Facilities Fees $ -
Total Revenues $ -
EXPENDITURES:

None $ -
Total Expenditures $ -
Ending Fund Balance 6-30-2022 $ 1,651,773.69

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
22 City Council/RSA Agenda 229 Tuesday, December 13, 2022 Exhibit d4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Park Facilities Fee $ - - $ - $ 87,201.00 $ - $ - $ 87,201.00 $ 80,425.99 $ 6,775.01 $ A Land Dedication In-Lieu - - - - - - - - - B
Investment Earnings 17,946.42 19,116.67 38,366.27 34,685.64 - - - 90,998.33 90,998.33 C Adjustment to Beginning Fund Balance - - - - 18,202.35 16,511.69 34,714.04 - 34,714.04 D Total Revenues $ 17,946.42 19,116.67 $ 38,366.27 $ 121,886.64 $ 18,202.35 $ 16,511.69 $ 212,913.37 $ 80,425.99 $ 132,487.38 $ Expenditures:Expansion of UC Sports Ctr/Liberty Park 217,494.19 $ - $ - $ - $ - $ - $ - $ A Casa Verde Park Trail & Playground Imp 80,425.99 109,835.44 - - - - 80,425.99 A Staff & Overflow Parking Lot-Mark Green 85,090.96 - - - - - - A Total Expenditures 412,420.59 $ 80,425.99 $ - $ - $ - $ - $ 80,425.99 $ Revenues Over/(Under) Expenditures (393,303.92) $ (62,479.57) $ 38,366.27 $ 121,886.64 $ 18,202.35 $ 16,511.69 $ 132,487.38 $ Beginning Fund Balance 1,912,590.23 1,519,286.31 1,456,806.74 1,495,173.01 1,617,059.65 1,635,262.00 1,519,286.31 Ending Fund Balance $ 1,519,286.31 $ 1,456,806.74 $ 1,495,173.01 $ 1,617,059.65 $ 1,635,262.00 $ 1,651,773.69 $ 1,651,773.69

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND

REVENUE AND EXPENDITURE HISTORY REPORT
23 City Council/RSA Agenda 230 Tuesday, December 13, 2022 Exhibit d5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2014-2015, bal fwd 902,284.04 $ 80,425.99 $ - $ - $ - $ - $ 821,858.05 $ FY 2015-2016, bal fwd 597,885.60 - - - - - 597,885.60
FY 2016-2017, bal fwd 19,116.67 - - - - - 19,116.67
FY 2017-2018 17,946.42 - - - - - 17,946.42
FY 2018-2019 38,366.27 - - - - - 38,366.27
FY 2019-2020 121,886.64 - - - - - 121,886.64
FY 2020-2021 18,202.35 - - - - - 18,202.35
FY 2021-2022 16,511.69 - - - - - 16,511.69
Total Expenditures $ 80,425.99 $ - $ - $ - $ - $ 1,651,773.69 Within 5 Year Limit
Over the 5 Year Limit
Balance

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues
24 City Council/RSA Agenda 231 Tuesday, December 13, 2022

TABLE E
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

Average # of persons per Residential Unit times 3 divided by 1,000 = Calculated incremental acres required per Residential Unit.

Multiplied by Appraised Value of land per acre times 1.2 Developer Non-Developer
Fees Fees Total
(C) Adjusted Beginning Fund Balance 7-1-2021 2,116,917.20 $ - $ 2,116,917.20 $ Revenues:

Development Fees Collected 2,586.99 2,586.99
Available Funds $ - 2,119,504.19 $ 2,119,504.19 $
Less: Expenditures (Detailed in Exhibit e1) - (71,814.60) (71,814.60) Ending Fund Balance 6-30-2022 $ 2,047,689.59 $ - $ 2,047,689.59 Revenue and Expenditure Summary Report (Please see Exhibit e3) Revenue and Expenditure History Report (Please see Exhibit e4) 5-Year Expenditure Limit Analysis (Please see Exhibit e5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None

DEVELOPMENT IMPACT FEE DISCLOSURE
Park-in-Lieu Fee per
Residential Unit
FUND 2550 - SPECIAL PARKS FUND
FISCAL YEAR 2021-2022
(Please see Exhibit e1)
(Please see Exhibit e2)
To account for bedroom taxes (one‐time park in‐lieu fees imposed on the number of bedrooms in a single home/non‐tract dwelling at construction pursuant to Resolution No. 4093‐80), developer park in lieu fees for tract homes and grant funds received for the development of new parks and improvements to existing parks. The fees are based on, and in proportion to, the park development and park improvement needs generated by such development.
25 City Council/RSA Agenda 232 Tuesday, December 13, 2022 Exhibit e1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Parks Irrigation Renovation 90519 $ 100% - 40,595.02 $ $ 40,595.02 Playground Equip & Fitness Course Repair 91109 100% - 27,227.49 27,227.49 Old Alv/Cesar Chavez Park Improvements 92113 1% 330,028.17 3,992.09 334,020.26 Total Expenditures $ 330,028.17 71,814.60 $ 401,842.77 $ Exhibit e2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

Parks Irrigation Renovation JUL 2006
Playground Equip & Fitness Course Repair DEC 2011
NEW PUBLIC IMPROVEMENT PROJECTS:

Old Alv/Cesar Chavez Park Improvements APR 2022

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND
26 City Council/RSA Agenda 233 Tuesday, December 13, 2022 Exhibit e3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 2,116,917.20 REVENUES:

Park Bedroom Tax $ 2,586.99
Total Revenues $ 2,586.99
EXPENDITURES:

Parks Irrigation Renovation $ 40,595.02
Playground Equipment & Fitness Course Repair 27,227.49
Old Alvarado/Cesar Chavez Park Improvements 3,992.09
Total Expenditures $ 71,814.60
Ending Fund Balance 6-30-2022 $ 2,047,689.59

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
27 City Council/RSA Agenda 234 Tuesday, December 13, 2022 Exhibit e4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Park Bedroom Tax $ 2,555.00 726,950.00 $ 8,855.00 $ 9,590.00 $ 1,048.60 $ 2,586.99 $ $ 977,569.42 24,635.59 $ (952,933.83) $ A Park Development Fees - - - - - - - - - B
Land Dedication In-Lieu 2,357,345.00 - - - - - - 2,357,345.00 2,357,345.00 C Investment Earnings 30,593.36 4,417.81 63,747.41 52,704.75 - - - 147,045.52 147,045.52 D Miscellaneous Receipts 25,599.97 - - - - - - - - E
Miscellaneous State Revenues - - - 13,085.00 - - - 13,085.00 13,085.00 F Adjustment to Beginning Fund Balance - - - - 25,005.83 21,937.61 - 46,943.44 46,943.44 G Total Revenues $ 2,390,493.36 756,967.78 $ 72,602.41 $ 75,379.75 $ 26,054.43 $ 24,524.60 $ 2,589,054.55 $ 977,569.42 $ 1,611,485.13 $ Expenditures:Finance/Interest Exp (Non-Debt Related) 60.46 $ - $ - $ - $ - $ - $ $ - D Parks Irrigation Renovation 3,881.41 - 10,377.82 3,147.27 49,274.66 40,595.02 103,394.77 A Civic Center Landscape Improvements 11,545.42 10,141.81 3,481.14 - - - 13,622.95 APlayground Equip & Fitness Course Repair 54,742.34 168,551.50 - 29,720.80 4,984.14 27,227.49 230,483.93 AKennedy Center Remodel 59,672.60 - 30,248.08 - - - 89,920.68 A Casa Verde Park Trail & Playground Improv. - 9,160.01 - - - - 9,160.01 ARelocate/Refurbish Trailers to the City Parks 4,148.87 - - - - - - B Playground Rehab at Hall Ranch Field 22,221.00 4,968.08 - - - - 4,968.08 AShorty Garcia Prk In-Filled Playing Surface 5,105.00 - 71,169.61 - - - 71,169.61 AMark Green Sports Center/Tots Playground - 18,000.00 - - - - 18,000.00 AVeterans Memorial Park Improvements - 58,228.27 15,096.49 - - - 73,324.76 AKennedy Center Electrical & Gas Repairs - - 71,214.32 - - - 71,214.32 AContempo Park ADA Improvements - - - 219,643.01 68,625.21 - 288,268.22 AProp 68 Park Improvements Project - - - - 50.00 - 50.00 AOld Alv/Cesar Chavez Park Improvements - - - - - 3,992.09 3,992.09 ATransfers-Out - 222,459.00 - - - - - H Total Expenditures $ 328,722.27 324,163.50 $ 201,587.46 $ 252,511.08 $ 122,934.01 $ 71,814.60 $ $ 977,569.42 Revenues Over/(Under) Expenditures $ 2,061,771.09 432,804.28 $ (128,985.05) $ (177,131.33) $ (96,879.58) $ (47,290.00) $ 1,611,485.13 $ Beginning Fund Balance 3,400.18 436,204.46 2,497,975.55 2,368,990.50 2,191,859.17 2,094,979.59 436,204.46 Ending Fund Balance $ 436,204.46 $ 2,497,975.55 $ 2,368,990.50 $ 2,191,859.17 $ 2,094,979.59 $ 2,047,689.59 $ 2,047,689.59

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND

REVENUE AND EXPENDITURE HISTORY REPORT
28 City Council/RSA Agenda 235 Tuesday, December 13, 2022 Exhibit e5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2016-2017, bal fwd 436,204.46 $ 328,722.27 $ 107,482.19 $ - $ - $ - $ - $ FY 2017-2018 2,390,493.36 - 94,105.27 252,511.08 122,934.01 71,814.60 1,849,128.40 FY 2018-2019 72,602.41 - - - - - 72,602.41
FY 2019-2020 75,379.75 - - - - - 75,379.75
FY 2020-2021 26,054.43 - - - - - 26,054.43
FY 2021-2022 24,524.60 - - - - - 24,524.60
Total Expenditures $ 328,722.27 $ 201,587.46 $ 252,511.08 $ 122,934.01 $ 71,814.60 $ 2,047,689.59 Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues Balance
29 City Council/RSA Agenda 236 Tuesday, December 13, 2022

TABLE F
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:
(C) Adjusted Beginning Fund Balance 7-1-2021 $ 127,753.59 Revenues:

Development Fees Collected $ - -
Less: Expenditures (Detailed in Exhibit f1) -
Ending Fund Balance 6-30-2022 $ 127,753.59
Revenue and Expenditure Summary Report (Please see Exhibit f3) Revenue and Expenditure History Report (Please see Exhibit f4) 5-Year Expenditure Limit Analysis (Please see Exhibit f5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None (Please see Exhibit f2)
$1.40 psf of occupiable space above the 2nd story

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
FISCAL YEAR 2021-2022
This fund accounts for monies received from developers of commercial properties and certain residential structures to be used for the acquisition of fire equipment. The fee is based on, and in proportion to, the fire equipment needs generated by such development. (Please see Exhibit f1)
Industrial Buildings
Office, Professional, and Hotel
Buildings
$.06 psf of roof area
$1.40 psf of occupiable space above the 2nd story
Residential Projects
30 City Council/RSA Agenda 237 Tuesday, December 13, 2022 Exhibit f1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Fire Operations (New Fire Apparatus) 22002 - $ 0% 2,600.91 $ 2,600.91 $ Total Expenditures $ - $ 2,600.91
Exhibit f2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

None N/A
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
31 City Council/RSA Agenda 238 Tuesday, December 13, 2022 Exhibit f3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 127,753.59
REVENUES:

Fire Equipment Fees $ -
Total Revenues $ -
EXPENDITURES:

Fire Operations (New Fire Apparatus) $ -
Total Expenditures $ -
Ending Fund Balance 6-30-2022 $ 127,753.59

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
32 City Council/RSA Agenda 239 Tuesday, December 13, 2022 Exhibit f4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Fire Equipment Fees $ 74,223.80 - $ 30,287.60 $ 4,656.40 $ 2,069.28 $ - $ $ - 111,237.08 $ 111,237.08 $ A Total Revenues $ 74,223.80 - $ 30,287.60 $ 4,656.40 $ 2,069.28 $ - $ 111,237.08 $ - $ 111,237.08 $ Expenditures:Fire Operations (New Fire Apparatus) 92,472.41 $ - $ - $ - $ - $ - $ $ - A Total Expenditures $ - 92,472.41 $ - $ - $ - $ - $ $ -
Revenues Over/(Under) Expenditures $ 74,223.80 (92,472.41) $ 30,287.60 $ 4,656.40 $ 2,069.28 $ - $ 111,237.08 $ Beginning Fund Balance 108,988.92 16,516.51 90,740.31 121,027.91 125,684.31 127,753.59 16,516.51 Ending Fund Balance $ 16,516.51 $ 90,740.31 $ 121,027.91 $ 125,684.31 $ 127,753.59 $ 127,753.59 $ 127,753.59

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND

REVENUE AND EXPENDITURE HISTORY REPORT
33 City Council/RSA Agenda 240 Tuesday, December 13, 2022 Exhibit f5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2015-2016, bal fwd 16,516.51 $ - $ - $ - $ - $ - $ $ 16,516.51 FY 2016-2017, bal fwd - - - - - - -
FY 2017-2018 74,223.80 - - - - - 74,223.80
FY 2018-2019 30,287.60 - - - - - 30,287.60
FY 2019-2020 4,656.40 - - - - - 4,656.40
FY 2020-2021 2,069.28 - - - - - 2,069.28
FY 2021-2022 - - - - - - -
Total Expenditures $ - $ - $ - $ - $ - $ 127,753.59
Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues Balance
34 City Council/RSA Agenda 241 Tuesday, December 13, 2022

TABLE G
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:
(C) Adjusted Beginning Fund Balance 7-1-2021 $ 952,720.77 Revenue:

Development Fees Collected $ 4,640.60 4,640.60
Less: Expenditures (Detailed in Exhibit g1) -
Ending Fund Balance 6-30-2022 $ 957,361.37
Revenue and Expenditure Summary Report (Please see Exhibit g3) Revenue and Expenditure History Report (Please see Exhibit g4) 5-Year Expenditure Limit Analysis (Please see Exhibit g5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2655 - PUBLIC ART FUND
FISCAL YEAR 2021-2022
This fund accounts for monies received from developers of commercial properties and certain residential structures to be used for the creation and installation of public art. The fee is based on, and in proportion to, the public art needs generated by such development.
(Please see Exhibit g1)
Must construct Public Art or pay in-lieu fee equivalent to 1% of permit valuation
Must construct Public Art with a value equivalent to
1% of permit valuation
Private-Permit valuation over $50 million Negotiated between Developer and City (Please see Exhibit g2)
Private-Permit valuation over $250,000
Public-Permit valuation over $250,000
35 City Council/RSA Agenda 242 Tuesday, December 13, 2022 Exhibit g1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
None $ - 0% - $ - $
Total Expenditures $ - $ -
Exhibit g2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

Alvarado Historic District Sign Project JUL 2016
Citywide Mural Project NOV 2020
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
FUND 2655 - PUBLIC ART FUND

CITY OF UNION CITY

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND
36 City Council/RSA Agenda 243 Tuesday, December 13, 2022 Exhibit g3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 952,720.77
REVENUES:

Art in Public Places In-Lieu Fee $ 4,640.60
Total Revenues $ 4,640.60
EXPENDITURES:

None $ -
Total Expenditures $ -
Ending Fund Balance 6-30-2022 $ 957,361.37

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
AS OF JUNE 30, 2022
37 City Council/RSA Agenda 244 Tuesday, December 13, 2022 Exhibit g4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Art in Public Places In-Lieu Fee 6,850.00 $ 243,199.27 $ 109,143.50 $ 17,017.00 $ 63,126.87 $ 4,640.60 $ $ 86,482.79 437,127.24 $ 350,644.45 $ A Investment Earnings 7,930.90 7,158.28 21,798.35 18,882.32 - - - 47,838.95 47,838.95 B Adjustment to Beginning Fund Balance - - - - 9,810.52 9,013.94 - 18,824.46 18,824.46 C Total Revenues $ 250,357.55 14,780.90 $ 130,941.85 $ 35,899.32 $ 72,937.39 $ 13,654.54 $ 503,790.65 $ 86,482.79 $ 417,307.86 $ Expenditures:Old Alvarado Signage & Branding Project 1,400.00 $ - $ - $ - $ - $ - $ $ - A Kennedy Center Remodel 129,831.25 85,718.75 - - - - 85,718.75 A Alvarado Historic District Sign Project 187.50 - - - 164.04 - 164.04 A Citywide Mural Project - - - - 600.00 - 600.00 A
Total Expenditures $ 85,718.75 131,418.75 $ - $ - $ 764.04 $ - $ $ 86,482.79 Revenues Over/(Under) Expenditures $ 164,638.80 (116,637.85) $ 130,941.85 $ 35,899.32 $ 72,173.35 $ 13,654.54 $ 417,307.86 $ Beginning Fund Balance 540,053.51 656,691.36 704,692.31 835,634.16 871,533.48 943,706.83 540,053.51 Ending Fund Balance $ 540,053.51 $ 704,692.31 $ 835,634.16 $ 871,533.48 $ 943,706.83 $ 957,361.37 $ 957,361.37

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND

REVENUE AND EXPENDITURE HISTORY REPORT
38 City Council/RSA Agenda 245 Tuesday, December 13, 2022 Exhibit g5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2013-2014, bal fwd $ 8,828.16 8,828.16 $ - $ - $ - $ - $ $ - FY 2014-2015, bal fwd 76,890.59 440,691.50 - - 764.04 - 363,036.87 FY 2015-2016, bal fwd - 75,752.95 - - - - 75,752.95
FY 2016-2017, bal fwd - 14,780.90 - - - - 14,780.90
FY 2017-2018 - 250,357.55 - - - - 250,357.55
FY 2018-2019 - 130,941.85 - - - - 130,941.85
FY 2019-2020 - 35,899.32 - - - - 35,899.32
FY 2020-2021 - 72,937.39 - - - - 72,937.39
FY 2021-2022 - 13,654.54 - - - - 13,654.54
Total Expenditures $ 85,718.75 $ - $ - $ 764.04 $ - $ 957,361.37 Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues Balance
39 City Council/RSA Agenda 246 Tuesday, December 13, 2022

TABLE H
Government
Code Section
66006 (b)
(A) A brief description of the type of development fees in the fund:
(B) The amount of the development fees per the FY 2021-2022 Master Fee Schedule:
(C) Adjusted Beginning Fund Balance 7-1-2021 $ 63,957.00 Revenues:

Affordable Housing Impact Fees 49,153.00 $
Housing In-Lieu Fees 49,153.00 -
Less: Expenditures (Detailed in Exhibit h1) -
Ending Fund Balance 6-30-2022 $ 113,110.00
Revenue and Expenditure Summary Report (Please see Exhibit h3) Revenue and Expenditure Report (Please see Exhibit h4)
5-Year Expenditure Limit Analysis (Please see Exhibit h5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None

IN-LIEU FUND AND IMPACT FEE DISCLOSURE
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND
FISCAL YEAR 2021-2022
The housing in-lieu fee shall be collected and used to provide/assure continued provision of affordable housing in the City through acquisition, construction, development assistance, rehabilitation, financing, or other methods, and for costs of administering these programs. The fee is based on, and in proportion to, the affordable housing needs of the City.

The affordable housing impact fee shall be collected and used for the purpose of creating, developing, and/or maintaining existing housing targeted for affordable households within the City. (Please see Exhibit h1)
(Please see Exhibit h2)
Small project in-lieu fee (six units or less)
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.

Large project optional in-lieu fee (seven units or
more) $27 per square foot
Impact fee for residential additions where the net
new square footage of habitable space is greater
than five hundred (500) square feet. This includes
teardowns/rebuilds.
$25 per square foot
40 City Council/RSA Agenda 247 Tuesday, December 13, 2022 Exhibit h1
% Funded
with Total Cost
Proj In-Lieu/ In-Lieu/ Non-In-Lieu/ from all Funding
Project Name Number Impact Fees Impact Fees Impact Fees Sources None $ 0% - - $ - $
Total Expenditures $ - $ -
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
41 City Council/RSA Agenda 248 Tuesday, December 13, 2022 Exhibit h2
Approximate
Description Commencement Date
WORK-IN-PROGRESS:

None N/A
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
42 City Council/RSA Agenda 249 Tuesday, December 13, 2022 Exhibit h3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2021 $ 63,957.00
REVENUES:

Affordable Housing Impact Fees $ 49,153.00
Housing In-Lieu Fees -
Total Revenues $ 49,153.00
EXPENDITURES:

None $ -
Total Expenditures $ -
Ending Fund Balance 6-30-2022 $ 113,110.00

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
43 City Council/RSA Agenda 250 Tuesday, December 13, 2022 Exhibit h4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Affordable Housing Impact Fees $ - - $ - $ 38,907.00 $ 25,050.00 $ 49,153.00 $ 113,110.00 $ - $ 113,110.00 $ A Housing In-Lieu Fees - - - - - - - - - B
Investment Earnings - - - - - - - - - C
Total Revenues $ - - $ - $ 38,907.00 $ 25,050.00 $ 49,153.00 $ 113,110.00 $ - $ 113,110.00 $ Expenditures:None $ - - $ - $ - $ - $ - $ - $ A
Total Expenditures $ - - $ - $ - $ - $ - $ - $
Revenues Over/(Under) Expenditures - $ - $ - $ 38,907.00 $ 25,050.00 $ 49,153.00 $ 113,110.00 $ Beginning Fund Balance - - - - 38,907.00 63,957.00 - Ending Fund Balance $ - $ - $ - $ 38,907.00 $ 63,957.00 $ 113,110.00 $ 113,110.00

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

REVENUE AND EXPENDITURE HISTORY REPORT
44 City Council/RSA Agenda 251 Tuesday, December 13, 2022 Exhibit h5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2016-2017, bal fwd - $ - $ - $ - $ - $ - $ - $
FY 2017-2018 - - - - - - -
FY 2018-2019 - - - - - -
FY 2019-2020 38,907.00 - - - 38,907.00
FY 2020-2021 25,050.00 - - 25,050.00
FY 2021-2022 49,153.00 49,153.00 -
Total Expenditures $ - $ - $ - $ - $ - $ 113,110.00
Within 5 Year Limit
Over the 5 Year Limit
Revenues Balance

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
45 City Council/RSA Agenda 252 Tuesday, December 13, 2022 Agenda Item
DATE: 12/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: RESOLUTION ACCEPTING THE 5-YEAR REPORTS FOR FISCALYEARS 2017-2018 THROUGH 2021-2022 CONCERNING SOURCES AND USES OF

DEVELOPMENT IMPACT FEES PURSUANT TO GOVERNMENT CODE
SECTION 66000, ET SEQ. AND MAKING CERTAIN FINDINGS RELATED

THERETO
Staff recommends that the City Council adopt a resolution accepting the 5-Year Reports for Fiscal Years 2017-2018 through 2021-2022 concerning sources and uses of Development Impact Fees pursuant to Government Code Section 66000, et seq. and making certain findings related thereto.

STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.

BACKGROUND
Established under California Government Code 66000, Development Impact Fees are one-time charges by a local agency to finance some or all of the cost of providing public facilities related to a new development project. The enacting agency must identify the uses for the fees and show that there is a reasonable relationship between the public facilities needed and the development upon which the fees will be assessed. These fees can only be used for capital projects and cannot be used for ongoing salaries.

The City has established eight Development Impact Fees that are assessed on development within the City for the following purposes:

Capital Facilities Improvements (Fund 4110)
Decoto Industrial Park Study Area (DIPSA) Development (Fund 2660) Traffic Signalization (Fund 2610)
Park Facilities (Fund 4120)
City Council/RSA Agenda 253 Tuesday, December 13, 2022
Special Parks (Fund 2550)
Fire Equipment Acquisition (Fund 2210)
Public Art (Fund 2655)
Affordable Housing (Fund 2350)
The law also requires the City to review on the fifth year following the first deposit into the fund, and every five years thereafter, the status of the Development Impact Fees collected. The City Council must then adopt a resolution making certain findings with respect to that portion of the funds remaining unexpended after five years, whether committed or uncommitted. In the event that findings are not made to support the retention of the funds, the unexpended fees must be returned to the current owners of the subject property.

The resolution and the reports attached to it demonstrate a reasonable relationship between the fees and the purposes for which each is assessed. The reports also provide a status on the Development Impact Fees collected, including the projects funded with these fees and the fund balances of the various Development Impact Fees.

DISCUSSION
As required under AB 1600 guidelines, the reports provide:

A brief description of the type of fee
The amount of the fee
Beginning and ending fund balances, including total fees collected and investment earnings, if applicable Identification of the public improvement(s) the fees were used for Identification and timeline of public improvements any unexpended fees will be used for Description and uses for transfers or loans of fees, if applicable Amount of refunds made pursuant to Section 66001(e), if applicable Amount of allocations pursuant to Section 66001(f), if applicable The attached reports show that the ending fund balances for Development Impact Fees total $6,575,367.11 as of June 30, 2022, allocated as follows:

Development Impact Fee Funds (Fund
Numbers)
Ending Fund Balances as
of June 30, 202
Capital Facilities Improvement (Fund 4110) $926,773.54
DIPSA Development (Fund 2660) $330,826.33
Traffic Signalization (Fund 2610) $420,079.00
Park Facilities (Fund 4120) $1,651,773.69
Special Parks (Fund 2550) $2,047,689.59
Fire Equipment Acquisition (Fund 2210) $127,753.59
Public Art (Fund 2655) $957,361.37
Affordable Housing (Fund 2350) $113,110.00
Total All Ending Fund Balances $6,575,367.11
The resolution contains the required findings with respect to that portion of the funds remaining unexpended after five years.

FISCAL IMPACT
City Council/RSA Agenda 254 Tuesday, December 13, 2022
There is no fiscal impact related to the review and approval of this resolution and the accompanying reports.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting the 5-Year Reports for Fiscal Years 2017-2018 through 2021-2022 concerning sources and uses of Development Impact Fees pursuant to Government Code Section 66000, et seq. and making certain findings related thereto.

Prepared by:

Jackie Acosta, Finance Director
Griffin Ellis, Accountant
Submitted by:

Jackie Acosta
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit No. 1 to Resolution Resolution
City Council/RSA Agenda 255 Tuesday, December 13, 2022
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING THE 5-YEAR REPORTS FOR FISCAL YEARS 2017-2018 THROUGH 2021-2022 CONCERNING SOURCES AND USES OF DEVELOPMENT IMPACT FEES PURSUANT TO GOVERNMENT CODE SECTION 66000, ET SEQ.

AND MAKING CERTAIN FINDINGS RELATED THERETO
WHEREAS, pursuant to its authority under Government Code 66000 et seq., the City previously adopted eight Development Impact Fees within the City in order to mitigate the impacts of new developments on public services and facilities in the City (each a “Fee”); and WHEREAS, at the time the Fees were adopted, the City adopted a report for each Fee that demonstrated a reasonable relationship between the Fee and the purpose for which it is assessed; and
WHEREAS, the Fees are imposed on new development in the City based on, and in proportion to, the impacts generated by such development, and therefore there is a reasonable relationship between the Fees and the purpose for which they are assessed; and WHEREAS, pursuant to California Government Code Section 66000 (“AB 1600”), the City is required to prepare an annual report providing the following information about each Fee:
 A brief description of the type of fee
 The amount of the fee
 Beginning and ending fund balances, including total fees collected and investment earnings, if applicable
 Identification of the public improvement(s) the fees were used for  Identification and timeline of public improvements any unexpended fees will be used for  Description and uses for transfers or loans of fees, if applicable  Amount of refunds made pursuant to Section 66001(e), if applicable  Amount of allocations pursuant to Section 66001(f), if applicable; and WHEREAS, AB 1600 requires the City to review, on a 5-year basis, the status of the Development Impact Fees collected; and
WHEREAS, the City has prepared the 5-year reports for Fiscal Years 2017-2018 through 2021-2022, which include the required information for each Fee and which have been made available to the public and which are attached hereto as Exhibit No. 1 (which includes Exhibits a-h); and
WHEREAS, during Fiscal Years 2020-2021 and 2021-2022, $408,650.97 of Development Impact Fees in the DIPSA Development Fund were expended past the 5-year time frame and $249,499.56 remains unexpended and over the 5-year time frame (Exhibit b5); and City Council/RSA Agenda 256 Tuesday, December 13, 2022
WHEREAS, the Development Impact Fees collected in the DIPSA Development Fund which are unexpended and over the 5-year time frame are fully intended to be used for the purposes for which they were collected and they will be expended in the future on the Quarry Lakes Parkway Project; and
WHEREAS, during Fiscal Years 2017-2018 through 2021-2022, $328,703.34 of Development Impact Fees in the Traffic Signalization Fund were expended past the 5-year time frame and $259,351.99 remains unexpended and over the 5-year time frame (Exhibit c5); and WHEREAS, the Development Impact Fees collected in the Traffic Signalization Fund which are unexpended and over the 5-year time frame are fully intended to be used for the purposes for which they were collected and they will be expended in the future on various traffic signal projects; and
WHEREAS, $1,456,806.74 remains unexpended and over the 5-year time frame in the Park Facilities Fund (Exhibit d5); and
WHEREAS, the Development Impact Fees collected in the Park Facilities Fund which are unexpended and over the 5-year time frame are fully intended to be used for the purposes for which they were collected and they will be expended in the future on various park projects including the Seabreeze Park Enhancements Project, the Old Alvarado/Cesar Chavez Parks Improvement Project and the Veterans Park Tennis Court Resurfacing Project; and WHEREAS, $1,849,128.40 remains unexpended and over the 5-year time frame in the Special Parks Fund (Exhibit e5); and
WHEREAS, the Development Impact Fees collected in the Special Parks Fund which are unexpended and over the 5-year time frame are fully intended to be used for the purposes for which they were collected and they will be expended in the future on various park projects; and WHEREAS, $90,740.31 remains unexpended and over the 5-year time frame in the Fire Equipment Acquisition Fund (Exhibit f5); and
WHEREAS, the Development Impact Fees collected in the Fire Equipment Acquisition Fund which are unexpended and over the 5-year time frame are fully intended to be used for the purposes for which they were collected and they will be expended in the future once sufficient funds are collected to replace a fire engine, ladder truck or other various fire apparatus; and WHEREAS, during Fiscal Year 2021-2022, $764.04 of Development Impact Fees in the Public Art Fund were expended past the 5-year time frame and $703,928.27 remains unexpended and over the 5-year time frame (Exhibit g5); and
WHEREAS, the Development Impact Fees collected in the Public Art Fund which are unexpended and over the 5-year time frame are fully intended to be used for the purposes for which they were collected and they will be expended in the future on the Alvarado Historic District Sign Project and the Citywide Mural Project; and City Council/RSA Agenda 257 Tuesday, December 13, 2022
WHEREAS, the City has prepared annual reports for Fiscal Years 2017-2018 through 2021-2022, which include the required information for each Fee and which have been made available to the public and which are attached hereto as Exhibit No. 1; and WHEREAS, the City Council must adopt a Resolution making certain findings in the event that any Development Impact Fees remain unexpended for more than five years and thus this Resolution serves to meet that requirement; and
WHEREAS, notice of the meeting at which this Resolution was considered by the City Council was provided to those on record with the City Clerk requesting such notice.

NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and incorporated herein.

BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby accept the 5-Year Reports for Fiscal Years 2017-2018 through 2021-2022 concerning sources and uses of Development Impact Fees pursuant to Government Code Section 66000, et seq., attached hereto as Exhibit No. 1, and hereby makes the required findings with respect to the retention of the Development Impact Fees currently unexpended after five years.

BE IT FURTHER RESOLVED by the City Council of the City of Union City that these unexpended Development Impact Fees are accounted for and are still needed for the purposes for which they were collected.

BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby determine that the reports comply with the requirements of AB 1600.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
______________________________ ______________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 258 Tuesday, December 13, 2022

CITY OF UNION CITY
FIVE-YEAR AB 1600 DEVELOPMENT IMPACT FEE REPORT
FISCAL YEARS 2017-2018 THROUGH 2021-2022
City Council/RSA Agenda 259 Tuesday, December 13, 2022
Page
Table A Capital Facilities Improvement Fund ………………………………………………………….1 Exhibit (a1) Statement of Expenditures Funded by Fees …………………………….. 2 Exhibit (a2) Incomplete Public Improvements to be Funded by Fees ………………………….. 3 Exhibit (a3) Revenue and Expenditure Summary Report …………………………….. 4 Exhibit (a4) Revenue and Expenditure History Report ……………………………….. 5 Exhibit (a5) 5-Year Expenditure Limit Analysis ………………………………………………………… 6 Exhibit (a6) Description of Interfund Transfer …......................................... 7 Table B DIPSA Development Fund ………………………………………………………………………………. 8 Exhibit (b1) Statement of Expenditures Funded by Fees …………………………….. 9 Exhibit (b2) Incomplete Public Improvements to be Funded by Fees ………………………….. 10 Exhibit (b3) Revenue and Expenditure Summary Report …………………………….. 11 Exhibit (b4) Revenue and Expenditure History Report ……………………………….. 12 Exhibit (b5) 5-Year Expenditure Limit Analysis ………………………………………………………… 13 Table C Traffic Signalization Fund ……………………………………………………………….. 14 Exhibit (c1) Statement of Expenditures Funded by Fees …………………………….. 15 Exhibit (c2) Incomplete Public Improvements to be Funded by Fees ………………………….. 15 Exhibit (c3) Revenue and Expenditure Summary Report …………………………….. 16 Exhibit (c4) Revenue and Expenditure History Report ……………………………….. 17 Exhibit (c5) 5-Year Expenditure Limit Analysis ………………………………………………………… 18 Table D Park Facilities Fund ………………………………………………………………………………19 Exhibit (d1) Statement of Expenditures Funded by Fees …………………………….. 20 Exhibit (d2) Incomplete Public Improvements to be Funded by Fees ………………………….. 20 Exhibit (d3) Revenue and Expenditure Summary Report …………………………….. 21 Exhibit (d4) Revenue and Expenditure History Report ……………………………….. 22 Exhibit (d5) 5-Year Expenditure Limit Analysis ………………………………………………………… 23 Table E Special Parks Fund….................................................................................. 24 Exhibit (e1) Statement of Expenditures Funded by Fees …………………………….. 25 Exhibit (e2) Incomplete Public Improvements to be Funded by Fees ………………………….. 25 Exhibit (e3) Revenue and Expenditure Summary Report …………………………….. 26 Exhibit (e4) Revenue and Expenditure History Report ……………………………….. 27 Exhibit (e5) 5-Year Expenditure Limit Analysis ………………………………………………………… 28 Table F Fire Equipment Acquisition Fund…............................................................... 29 Exhibit (f1) Statement of Expenditures Funded by Fees …………………………….. 30 Exhibit (f2) Incomplete Public Improvements to be Funded by Fees ………………………….. 30 Exhibit (f3) Revenue and Expenditure Summary Report …………………………….. 31 Exhibit (f4) Revenue and Expenditure History Report ……………………………….. 32 Exhibit (f5) 5-Year Expenditure Limit Analysis ………………………………………………………… 33 Table G Public Art Fund…........................................................................................ 34 Exhibit (g1) Statement of Expenditures Funded by Fees …………………………….. 35 Exhibit (g2) Incomplete Public Improvements to be Funded by Fees ………………………….. 35 Exhibit (g3) Revenue and Expenditure Summary Report …………………………….. 36 Exhibit (g4) Revenue and Expenditure History Report ……………………………….. 37 Exhibit (g5) 5-Year Expenditure Limit Analysis ………………………………………………………… 38 Table H Affordable Housing Impact Fee Fund…....................................................... 39 Exhibit (h1) Statement of Expenditures Funded by Fees …………………………….. 40 Exhibit (h2) Incomplete Public Improvements to be Funded by Fees ………………………….. 41 Exhibit (h3) Revenue and Expenditure Summary Report …………………………….. 42 Exhibit (h4) Revenue and Expenditure History Report ……………………………….. 43 Exhibit (h5) 5-Year Expenditure Limit Analysis ………………………………………………………… 44

TABLE OF CONTENTS
i
City Council/RSA Agenda 260 Tuesday, December 13, 2022

TABLE A
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:

Capital facilities fee imposed on each new residential development in the City based on, and in proportion to, the capital facility needs generated by such development.
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

Single-Family $ 12,231.00
Single Family, Secondary Dwelling $ 8,624.00
Multi-Family $ 8,624.00
Developer Non-Developer
Fee Fee Total
(C) Adjusted Beginning Fund Balance 7-1-2017 1,502,36 $ 3,620,663.19 2.50 $ 5,123,025.69 $ Revenues:

Fees collected for 5-year period 1,110,325.17 1,110,325.17 Interest earned for the 5-year period 131,518.01 131,518.01 Miscellaneous Receipts for the 5-year period 343,042 .97 343,042.97 BAB Interest Reimbursement 16,200.34 16,200.34
Proceeds-Lease Financing 411,038.75 411,038.75
Transfers-In 10,000.00 10,000.00
Available Funds $ 4,057,902.28 3,087,248.65 $ 7,145,150.93 $ Less: Expenditures for the 5-year period (Detailed in Exhibit a1) (2,480,698.19) (3,737,679.20) (6,218,377.39) Ending Fund Balance 6-30-2022 $ (650,430.55) $ 1,577,204.09 $ 926,773.54 5-Year Revenue and Expenditure Summary Report (Please see Exhibit a3) Yearly Revenue and Expenditure Report (Please see Exhibit a4) 5-Year Expenditure Limit Analysis (Please see Exhibit a5) (D) Identification of each public improvement on which fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with fees.
(E) Approximate date by which the construction of incomplete public improvements to be financed with the fees will commence.
(F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended; case of interfund loans, the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loans.
(G) Amount refunds made pursuant to Section 66001 (e) None (H) Amount of allocations pursuant to Section 66001 (f) None (Please see Exhibit a2)
(Please see Exhibit a6)

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
(Please see Exhibit a1)
1 City Council/RSA Agenda 261 Tuesday, December 13, 2022 Exhibit a1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Police Patrol 21004 865,530.45 $ 1% 69,632,001.65 $ 70,497,532.10 $ Union City Parking Program 46001 77,048.84 21% 284,107.49 361,156.33 Financial System Upgrad 81001 - - - -
Desktop and Laptop Computer Lease Prog 81005 802,818.48 100% - 802,818.48 HP Lease #2426597744LP005 & LP006 81008 221,342.93 100% - 221,342.93 PD Bldg Upgrade/Remodel-Investigations 82004 - - - -
PD Bldg Upgrade/Remodel-Lieutenant's Ofc 82005 106,751.54 100% - 106,751.54 PD Briefing Room Remodel 82007 - - - -
Public Address/Sound Masking Project 85003 - - - -
Offsite Property Room/Office 90816 - - - -
Ruggieri Senior Center Improvement 90922 - - - -
Energy Conservation 90924 151,874.86 6% 2,379,372.57 2,531,247.43 Youth/Teen Center Project-Kennedy Center 91311 1,127,111.07 35% 2,081,432.17 3,208,543.24 FS 32 Paint, Parking, Server Room, Restroom 91504 - - - - Demolition of Old Hedge-Hog Building 91517 - - - -
Emergency Generator At Fire Station #21 91621 125,756.01 100% - 125,756.01 Mark Green Sports Center/Tots Playground 91628 10,355.94 37% 18,000.00 28,355.94 Centro De Serv-Quonset Bldg Electrical 91638 - - - -
Energy Efficiency Project 91706 2,289,307.24 77% 677,558.56 2,966,865.80 UC Library Carpet Replacement-Phase 2 91711 59,830.00 100% - 59,830.00 FS 30 Generator Replacement 91715 1,000.00 100% - 1,000.00 City Hall Carpet Replacement 91811 41,111.50 100% - 41,111.50 FS 30 Exterior Painting 91813 28,595.50 100% - 28,595.50 CH-Window Coverings Replacement 91815 14,200.73 100% - 14,200.73 HMGP Senior Center Shower Repairs 91817 750.00 9% 7,908.66 8,658.66 CH Emergency Generator Line Leak Detector 92006 46,292.50 100% - 46,292.50 FS 33 HVAC Repair 92103 44,765.00 100% - 44,765.00
Ruggieri Senior Center Shower Repairs 92116 93,939.95 100% - 93,939.95 City-Owned Building Repairs & Renovation 92119 70,192.80 100% - 70,192.80 Transfers-Out N/A 100% - 39,516.09 39,516.09
Adjustment to Beginning Fund Balance N/A 285.96 100% - 285.96 Total Expenditures $ 6,218,377.39 $ 75,080,381.10 $ 81,298,758.49

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 2 City Council/RSA Agenda 262 Tuesday, December 13, 2022 Exhibit a2
Approximate
Commencement Date
WORK IN-PROGRESS:

Police Patrol JUL 2006
Energy Conservation OCT 2012
NEW PUBLIC IMPROVEMENT PROJECTS:

HMGP Senior Center Generator MAR 2021
Ruggieri Senior Center Shower Repairs JUL 2021
City-Owned Building Repairs & Renovation OCT 2021
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

CITY OF UNION CITY

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
Description
3 City Council/RSA Agenda 263 Tuesday, December 13, 2022 Exhibit a3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ 5,123,025.69 REVENUES:

Residential Development Impact Fee $ 1,110,325.17
Investment Earnings 108,931.52
Interest-Other 22,586.49
Miscellaneous Receipts 6,692.00
BAB Interest Reimbursement 16,200.34
Contribution from Outside/Private Sources 301,840.00
Proceeds Lease Financing 411,038.75
Transfer In 10,000.00
Adjustment to Beginning Fund Balance 34,510.97
Total Revenues $ 2,022,125.24
EXPENDITURES:

Police Patrol $ 865,530.45
Union City Parking Program 77,048.84
Financial System Upgrad -
Desktop and Laptop Computer Lease Prog 802,818.48
HP Lease #2426597744LP005 & LP006 221,342.93
PD Bldg Upgrade/Remodel-Investigations -
PD Bldg Upgrade/Remodel-Lieutenant's Ofc 106,751.54
PD Briefing Room Remodel -
Public Address/Sound Masking Project -
Offsite Property Room/Office -
Ruggieri Senior Center Improvement -
Energy Conservation 151,874.86
Youth/Teen Center Project-Kennedy Center 1,127,111.07
FS 32 Paint, Parking, Server Room, Restroom -
Demolition of Old Hedge-Hog Building -
Emergency Generator At Fire Station #21 125,756.01
Mark Green Sports Center/Tots Playground 10,355.94
Centro De Serv-Quonset Bldg Electrical -
Energy Efficiency Project 2,289,307.24
UC Library Carpet Replacement-Phase 2 59,830.00
FS 30 Generator Replacement 1,000.00
City Hall Carpet Replacement 41,111.50
FS 30 Exterior Painting 28,595.50
CH-Window Coverings Replacement 14,200.73
HMGP Senior Center Shower Repairs 750.00
CH Emergency Generator Line Leak Detector 46,292.50
FS 33 HVAC Repair 44,765.00
Ruggieri Senior Center Shower Repairs 93,939.95
City-Owned Building Repairs & Renovation 70,192.80
Transfers-Out 39,516.09
Adjustment to Beginning Fund Balance 285.96
Total Expenditures $ 6,218,377.39
Ending Fund Balance 6-30-2022 $ 926,773.54

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 4 City Council/RSA Agenda 264 Tuesday, December 13, 2022 Exhibit a4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Residential Development Impact Fee 17,248.00 $ 637,396.00 $ 398,901.00 $ 20,855.00 $ 11,252.52 $ 41,920.65 $ $ 3,737,679.20 1,110,325.17 $ (2,627,354.03) $ A Investment Earnings 24,745.80 24,623.16 45,605.73 38,579.99 - - - 108,931.52 108,931.52 B Interest-Other 14,777.38 1,875.05 5,929.30 1,879.81 - - - 22,586.49 22,586.49 C Proceeds-Lease Financing 4,400,000.00 307,624.75 103,414.00 - - - 2,289,307.24 411,038.75 (1,878,268.49) D Miscellaneous Receipts - - 6,692.00 - - - - 6,692.00 6,692.00 E BAB Interest Reimbursement 4,201.88 2,660.16 4,858.58 3,272.58 2,914.01 2,495.01 151,874.86 16,200.34 (135,674.52) F Contribution from Outside/Private Sources - - - 301,840.00 - - - 301,840.00 301,840.00 G Transfers-In 10,000.00 1,400,000.00 - - - - 39,516.09 10,000.00 (29,516.09) H Adjustment to Beginning Fund Balance - - - - 18,678.46 15,832.51 - 34,510.97 34,510.97 I Total Revenues $ 997,204.09 5,847,948.09 $ 565,400.61 $ 366,427.38 $ 32,844.99 $ 60,248.17 $ 2,022,125.24 $ 6,218,377.39 $ (4,196,252.15) $ Expenditures:Police Patrol $ 76,233.21 133,011.23 $ 165,643.33 $ 202,892.73 $ 73,761.18 $ 347,000.00 $ $ 865,530.45 A Union City Parking Program 77,048.84 - - - - - 77,048.84 A Financial System Upgrade 12,449.80 - - - - - - A
Desktop and Laptop Computer Lease Project 142,476.76 439,844.70 248,798.21 111,572.99 2,602.58 - 802,818.48 A HP Lease #2426597744LP005 & LP006 - - 144,489.21 38,426.86 38,426.86 - 221,342.93 A PD Bldg Upgrade/Remodel-Investigations 9,185.64 - - - - - - A PD Bldg Upgrade/Remodel-Lieutenant's Ofc 36,637.46 106,751.54 - - - - 106,751.54 A PD Briefing Room Remodel 199,573.97 - - - - - - A
Public Address/Sound Masking Project 125,462.12 - - - - - - A Offsite Property Room/Office (41,222.72) - - - - - - A
Ruggieri Senior Center Improvement 7,924.00 - - - - - - A Energy Conservation 29,036.63 28,383.70 29,697.87 30,367.24 31,044.32 31,728.80 151,874.86 F Youth/Teen Center Project-Kennedy Center 45,463.97 1,110,664.98 11,848.08 2,273.29 2,324.72 - 1,127,111.07 A FS 32 Paint, Parking, Server Room, Restroom 131,627. - 23 - - - - - A Demolition of Old Hedge-Hog Building 40,558.00 - - - - - - A Emergency Generator At Fire Station #31 75,941.86 125,756.01 - - - - 125,756.01 A Mark Green Sports Center/Tots Playground 12,680.00 9,737.42 618.52 - - - 10,355.94 A Centro De Serv-Quonset Bldg Electrical 34,237.36 - - - - - - A Energy Efficiency Project 2,155,154.99 1,956,302.38 332,130.33 874.53 - - 2,289,307.24 D UC Library Carpet Replacement-Phase 2 - 59,830.00 - - - - 59,830.00 A FS 30 Generator Replacement 1,000.00 - - - - - 1,000.00 A City Hall Carpet Replacement 490.00 - 1,659.50 38,962.00 - - 41,111.50 A FS 30 Exterior Painting - - 28,595.50 - - - 28,595.50 A CH-Window Coverings Replacement - 14,200.73 - - - - 14,200.73 A HMGP Senior Center Shower Repairs - - - - - 750.00 750.00 A CH Emergency Generator Line Leak Detector - - - 38,852.51 7,439.99 - 46,292.50 A FS 33 HVAC Repair - - - - 44,765.00 - 44,765.00 A
Ruggieri Senior Center Shower Repairs - - - - - 93,939.95 93,939.95 A City-Owned Building Repairs & Renovation - - - - - 70,192.80 70,192.80 A Transfers-Out - - - 39,516.09 - - 39,516.09 H
Adjustment to Beginning Fund Balance - - - - - 285.96 285.96 A Total Expenditures $ 4,006,896.44 3,149,545.37 $ 963,480.55 $ 503,738.24 $ 200,364.65 $ 543,897.51 $ $ 6,218,377.39 Revenues Over/(Under) Expenditures $ (3,009,692.35) 2,698,402.72 $ (398,079.94) $ (137,310.86) $ (167,519.66) $ (483,649.34) $ (4,196,252.15) $ Beginning Fund Balance 2,424,622.97 5,123,025.69 2,113,333.34 1,715,253.40 1,577,942.54 1,410,422.88 5,123,025.69 Ending Fund Balance $ 5,123,025.69 $ 2,113,333.34 $ 1,715,253.40 $ 1,577,942.54 $ 1,410,422.88 $ 926,773.54 $ 926,773.54

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

REVENUE AND EXPENDITURE HISTORY REPORT
5 City Council/RSA Agenda 265 Tuesday, December 13, 2022 Exhibit a5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2016-2017, bal fwd 5,123,025.69 $ $ 963,480.55 4,006,896.44 $ 152,648.70 $ - $ - $ $ - FY 2017-2018 997,204.09 - - 351,089.54 200,364.65 445,749.90 - FY 2018-2019 565,400.61 - - - - 98,147.61 467,253.00
FY 2019-2020 366,427.38 - - - - - 366,427.38
FY 2020-2021 32,844.99 - - - - - 32,844.99
FY 2021-2022 60,248.17 - - - - - 60,248.17
Total Expenditures $ 4,006,896.44 $ 963,480.55 $ 503,738.24 $ 200,364.65 $ 543,897.51 $ 926,773.54 Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
Revenues Balance
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
6 City Council/RSA Agenda 266 Tuesday, December 13, 2022 Exhibit a6
Date Type From Amount Description
Equity transfer out. Applying escrow balance to Capital One Loan (4110-8888-00000-59110).Interfund transfer to Fund 4110Interfund transfer to Fund 4110

CITY OF UNION CITY
FUND 4110 - CAPITAL FACILITIES IMPROVEMENT FUND

DESCRIPTION OF INTERFUND TRANSFERS
1-24-2020 Transfers-Out 4110 - Capital Facilities Improvement Fund $ 39,516.09 6-30-2018 Transfers-In Other City Fund 10,000.00 $ 6-30-2017 Transfers-In Other City Fund 1,400,000.00 $ 7 City Council/RSA Agenda 267 Tuesday, December 13, 2022

TABLE B
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

For residential construction in DIPSA area only
Single-Family $ per unit 12,613.00
Multi-Family $ per unit 7,469.00
(C) Adjusted Beginning Fund Balance 7-1-2017* $ 2,818,360.82 Revenues
Fees collected for 5-year period $ -
Interest earned for the 5-year period 55,889.80
Miscellaneous receipts for the 5-year period 38,349.47
Proceeds-Lease Financing 107,239.27 13,000.00 $
Less: Expenditures for the 5-year period (Detailed in Exhibit b1) (912,925.56) Ending Fund Balance 6-30-2022 * $ 2,012,674.53
* Includes: Reservation for Land Held for Resale 1,681,848.20 Non-Restricted Ending Fund Balance 6-30-2022 $ 330,826.33 5-Year Revenue and Expenditure Summary Report (Please see Exhibit b3) Yearly Revenue and Expenditure Report (Please see Exhibit b4) 5-Year Expenditure Limit Analysis (Please see Exhibit b5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount refunds made pursuant to Section 66001 (e) None (Please see Exhibit b2 )

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2660 - DIPSA DEVELOPMENT FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
DIPSA Development Impact Fee imposed on new developments situated within the geographic area of the City's Decoto Industrial Park Study Area (DIPSA). The fees are based on, and in proportion to, the capital facility needs generated by such development.
(Please see Exhibit b1)
8 City Council/RSA Agenda 268 Tuesday, December 13, 2022 Exhibit b1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Police Training/ PD Computer Rental 21002 63,814.27 $ 3% $ 2,040,673.93 $ 2,104,488.20 PD Rec/Comm/Prop Radio Equipment (#23302) 21011 292,882.34 3% 9,240,158.65 9,533,041.07 Financial System Upgrade 81001 - - - -
Gateway (Caltrans) Site-Plans & Studies 84804 100% 2,870.00 2,870.00 - Underground Utility-Mission, Decoto 90706 - - - -
WCA Design Built Parking Lot Mixed Use 91714 11,896.60 5% 241,361.10 229,464.50 Quarry Lakes Parjkway (East-West Connector) 91804 422,028.25 27% 1,138,929.71 1,560,957.96 11th Street Fountain Repair 91916 119,434.10 100% - 119,434.10 Total Expenditures $ 912,925.56 $ 13,562,152.43
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
9 City Council/RSA Agenda 269 Tuesday, December 13, 2022 Exhibit b2
Approximate
Description Commencement Date
WORK IN-PROGRESS:

PD Rec/Comm/Prop Radio Equipment (Lease# 23302) JULY 2010 Quarry Lakes Parkway (East-West Connector) MAR 2019
11th Street Fountain Repairs JUN 2019
NEW PUBLIC IMPROVEMENT PROJECTS:

Gateway (Caltrans) Site-Plans & Studies JULY 2021

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
10 City Council/RSA Agenda 270 Tuesday, December 13, 2022 Exhibit b3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017* $ 2,818,360.82 Revenues:

DIPSA Development Fees $ -
Investment Earnings 55,889.80
11,235.19
12,811.25
Proceeds Lease Financing 13,000.00
14,303.03
Total Revenues $ 107,239.27
Expenditures:

Police Training/ PD Computer Rental 63,814.27 $
292,882.34
Financial System Upgrade -
Underground Utility-Mission, Decoto -
WCA Design Built Parking Lot Mixed Use 11,896.60
Quarry Lakes Parkway (East-West Connector) 422,028.25
11th Street Fountain Repair 119,434.10
Gateway (Caltrans) Site-Plans & Studies 2,870.00
Total Expenditures $ 912,925.56
Ending Fund Balance 6-30-2022 * $ 2,012,674.53
* Includes: Reservation for Land Held for Resale 1,681,848.20 Non-Restricted Ending Fund Balance 6-30-2022 $ 330,826.33

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 PD Rec/Comm/Prop Radio Equipment (Lease# 23302)
Miscellanous Receipts
Adjustment to Beginning Fund Balance
Miscellaneous County/Local Grant
11 City Council/RSA Agenda 271 Tuesday, December 13, 2022 Exhibit b4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:DIPSA Development Fees $ - - $ - $ - $ - $ - $ $ 620,043.22 - $ (620,043.22) $ A Investment Earnings 12,912.50 14,499.86 25,500.81 17,476.49 - - - 55,889.80 55,889.80 BMiscellaneous Receipts - - 11,235.19 - - - - 11,235.19 11,235.19 C Miscellaneous County/Local Grants - - - - 11,413.53 1,397.72 - 12,811.25 12,811.25 E Proceeds Lease Financing 13,000.00 306,441.71 - - - - 292,882.34 13,000.00 (279,882.34) D Adjustment to Beginning Fund Balance - - - - 8,052.98 6,250.05 - 14,303.03 14,303.03 F Total Revenues $ 25,912.50 320,941.57 $ 36,736.00 $ 17,476.49 $ 19,466.51 $ 7,647.77 $ 107,239.27 $ 912,925.56 $ (805,686.29) $ Expenditures:Police Training/ PD Computer Rental $ 61,495.53 - $ 2,318.74 $ - $ - $ - $ 63,814.27 $ A PD Rec/Comm/Prop Radio Equipment (#23302) 377,305.54 86,486.59 67,940.23 67,940.23 67,940.23 2,575.06 292,882.34 DFinancial System Upgrade - 5,000.00 - - - - - A Underground Utility-Mission, Decoto - 7,608.73 - - - - - A WCA Design Built Parking Lot Mixed Use 4,970.66 - 2,683.94 2,310.00 1,932.00 - 11,896.60 A Quarry Lakes Parkway (East-West Connector) - - 64,198.75 106,722.92 149,422.43 101,684.15 422,028.25 A 11th Street Fountain Repair - - 111.25 37,095.75 44,440.10 37,787.00 119,434.10 A Gateway (Caltrans) Site-Plans & Studies - - - - - 2,870.00 2,870.00 A Total Expenditures $ 152,952.78 389,914.27 $ 137,252.91 $ 214,068.90 $ 263,734.76 $ 144,916.21 $ 912,925.56 $ Revenues Over/(Under) Expenditures (68,972.70) $ (127,040.28) $ (100,516.91) $ (196,592.41) $ (244,268.25) $ (137,268.44) $ (805,686.29) $ Beginning Fund Balance 2,887,333.52 1,136,512.62 1,009,472.34 908,955.43 712,363.02 468,094.77 1,136,512.62 Ending Fund Balance $ 1,136,512.62 $ 1,009,472.34 $ 908,955.43 $ 712,363.02 $ 468,094.77 $ 330,826.33 $ 330,826.33 1,681,848.20 Reservation for Land Held for Resale

CITY OF UNION CITY
FUND 2660 - DIPSA DEVELOPMENT FUND

REVENUE AND EXPENDITURE HISTORY REPORT
12 City Council/RSA Agenda 272 Tuesday, December 13, 2022 Exhibit b5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2015-2016, bal fwd 815,571.05 $ 152,952.78 $ 137,252.91 $ 214,068.90 $ 263,734.76 $ 47,561.70 $ - $ FY 2016-2017, bal fwd* 320,941.57 - - - - 97,354.51 223,587.06 FY 2017-2018 25,912.50 - - - - - 25,912.50
FY 2018-2019 36,736.00 - - - - - 36,736.00
FY 2019-2020 17,476.49 - - - - - 17,476.49
FY 2020-2021 19,466.51 - - - - - 19,466.51
FY 2021-2022 7,647.77 - - - - - 7,647.77
Total Expenditures $ 152,952.78 $ 137,252.91 $ 214,068.90 $ 263,734.76 $ 144,916.21 $ 330,826.33 Within 5 Year Limit
Over the 5 Year Limit
*FY 2016-2017 bal fwd Not including Reservation for Land Held for Resale

CITY OF UNION CITY
Revenues Balance
FUND 2660 - DIPSA DEVELOPMENT FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
13 City Council/RSA Agenda 273 Tuesday, December 13, 2022

TABLE C
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:
a) $ per acre 1,960.00
b) $ per acre 1,568.00
c) $ per acre 1,568.00
d) $ per acre 3,528.00
e) $ per acre 6,075.00
f) $ per acre 3,037.00
g) $ per acre 1,098.00
(C) Adjusted Beginning Fund Balance 7-1-2017 $ 500,655.14 Fees collected for 5-year period 251,979.40 $
Interest earned for the 5-year period 38,743.25
Miscellaneous receipts for the 5-year period 24,475.75 315,198.40 $ Less: Expenditures for the 5-year period (Detailed in Exhibit c1) (395,774.54) Ending Fund Balance 6/30/2022 $ 420,079.00
5-Year Revenue and Expenditure Summary Report (Please see Exhibit c3) Yearly Revenue and Expenditure History Report (Please see Exhibit c4) 5-Year Expenditure Limit Analysis (Please see Exhibit c5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None Zoning - Single-Family
Zoning - Multi-Family
Zoning - Accessory Dwelling (ADU)
Zoning - Single Family and ADU
Zoning - Commercial
Zoning - Industrial
Zoning - Mobile Home
(Please see Exhibit c2)

DEVELOPMENT IMPACT FEE DISCLOSURE
2610- TRAFFIC SIGNALIZATION FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
Development Impact Fee imposed on new developments for the purpose of traffic signal installation, based on, and in proportion to, the traffic signal needs generated by such development.
(Please see Exhibit c1)
14 City Council/RSA Agenda 274 Tuesday, December 13, 2022 Exhibit c1
Total Cost
Proj Developer % Funded with Non-Developer from all Funding Project Name Number Fees Developer Fees Fees Sources
170 E Signal Controller Replacement 90236 - $ - - $ - $ Upgrade Traffic Signal System 90506 126,992.80 55% 105,414.26 232,407.06 Battery Backup System-Citywide 90721 44,894.75 100% - 44,894.75 ANR Pedestrian Safety Improvements 91210 - - - -
HSIP 7 Traffic Signal Improvements 91611 68,895.77 13% 471,436.63 540,032.40 IDEA Grant Traffic Signal Improvements 91727 68,912.31 11% 571,329.14 640,241.45 Alvarado Blvd Interconnect 91823 10,000.00 100% - 10,000.00 Traffic Signal & Communication Master Plan 92124 23,254.00 100% - 23,254.00 Traffic Signal Maintenance Program 92126 44,266.20 100% - 44,266.20 Adjustment to Beginning Fund Balance N/A 8,558.71 19% - 44,266.20 Total Expenditures $ 395,774.54 $ 1,579,362.06
Exhibit c2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

Upgrade Traffic Signal System APR 2009
IDEA Grant Traffic Signal Improvements OCT 2018
NEW PUBLIC IMPROVEMENT PROJECTS:

Traffic Signal & Communication Master Plan DEC 2021
Traffic Signal Maintenance Program JAN 2022

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND
15 City Council/RSA Agenda 275 Tuesday, December 13, 2022 Exhibit c3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ 500,655.14
REVENUES:

Traffic Signal Fee $ 251,979.40
Investment Earnings 38,743.25
2,998.00
Federal St/Rd Reimb (HSIPL 5345) 3,440.80
Adjustment to Beginning Fund Balance 18,036.95
Total Revenues $ 315,198.40
EXPENDITURES:
170 E Signal Controller Replacement - $
Upgrade Traffic Signals 126,992.80
Battery Backup System-Citywide 44,894.75
ANR Pedestrian Safety Improvements -
HSIP 7 Traffic Signal Improvements 68,895.77
IDEA Grant Traffic Signal Imp 68,912.31
Alvarado Blvd Interconnect 10,000.00
Traffic Signal & Communication MP 23,254.00
Traffic Signal Maintenance Program 44,266.20
Adjustment to Beginning Fund Balance 8,558.71
Total Expenditures $ 395,774.54
Ending Fund Balance 6-30-2022 $ 420,079.00

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 Special Assessment
16 City Council/RSA Agenda 276 Tuesday, December 13, 2022 Exhibit c4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Traffic Signal Fee $ 147,164.35 9,251.23 $ 33,817.00 $ 45,346.00 $ 16,974.32 $ 8,677.73 $ 251,979.40 $ 395,774.54 $ (143,795.14) $ A Investment Earnings 7,307.04 6,576.21 17,112.62 14,323.59 - - 38,743.25 - 38,743.25 C Special Assessment - - - 2,998.00 - - 2,998.00 - 2,998.00 B Federal St/Rd Reimb (HSIPL 5345) - - 3,440.80 - - - 3,440.80 - 3,440.80 D Adjustment to Beginning Fund Balance - - 5,205.70 - 6,805.20 6,026.05 - 18,036.95 18,036.95 E Total Revenues 15,827.44 $ 154,471.39 $ 59,576.12 $ 62,667.59 $ 23,779.52 $ 14,703.78 $ 315,198.40 $ 395,774.54 $ (80,576.14) $ Expenditures:170 E Signal Controller Replacement $ - 7,526.66 $ - $ - $ - $ - $ - $ A Upgrade Traffic Signal System 22,725.45 - 17,264.18 23,069.17 34,115.75 29,818.25 126,992.80 A Battery Backup System-Citywide - 6,375.00 11,628.19 33,266.56 - - 44,894.75 A ANR Pedestrian Safety Improvements - 49,489.23 - - - - - A HSIP 7 Traffic Signal Improvements 9,705.81 1,063.38 4,358.80 54,831.16 - - 68,895.77 A IDEA Grant Traffic Signal Imp - - 1,788.87 26.25 31,172.22 35,924.97 68,912.31 A Alvarado Blvd Interconnect - - 10,000.00 - - - 10,000.00 A Traffic Signal & Communication MP - - - - - 23,254.00 23,254.00 A Traffic Signal Maintenance Program - - - - - 44,266.20 44,266.20 A Adjustment to Beginning Fund Balance - - - - - 8,558.71 8,558.71 A Total Expenditures 64,454.27 $ 32,431.26 $ 45,040.04 $ 111,193.14 $ 65,287.97 $ 141,822.13 $ 395,774.54 $ Revenues Over/(Under) Expenditures (48,626.83) $ 122,040.13 $ 14,536.08 $ (48,525.55) $ (41,508.45) $ (127,118.35) $ (80,576.14) $ Beginning Fund Balance 549,281.97 500,655.14 622,695.27 637,231.35 588,705.80 547,197.35 500,655.14 Ending Fund Balance $ 500,655.14 $ 622,695.27 $ 637,231.35 $ 588,705.80 $ 547,197.35 $ 420,079.00 $ 420,079.00

CITY OF UNION CITY
FUND 2610 - TRAFFIC SIGNALIZATION FUND

REVENUE AND EXPENDITURE HISTORY REPORT
17 City Council/RSA Agenda 277 Tuesday, December 13, 2022 Exhibit c5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2011-2012, bal fwd 25,807.40 $ 25,807.40 $ - $ - $ - $ - $ - $ FY 2012-2013, bal fwd 6,408.80 6,408.80 - - - - -
FY 2013-2014, bal fwd 2,508.34 215.06 2,293.28 - - - -
FY 2014-2015, bal fwd 129,830.52 - 42,746.76 87,083.76 - - - FY 2015-2016, bal fwd 320,272.64 - - 24,109.38 65,287.97 141,822.13 89,053.16 FY 2016-2017, bal fwd 15,827.44 - - - - - 15,827.44
FY 2017-2018 154,471.39 - - - - - 154,471.39
FY 2018-2019 59,576.12 - - - - - 59,576.12
FY 2019-2020 62,667.59 - - - - - 62,667.59
FY 2020-2021 23,779.52 - - - - - 23,779.52
FY 2021-2022 14,703.78 - - - - - 14,703.78
Total Expenditures $ 32,431.26 $ 45,040.04 $ 111,193.14 $ 65,287.97 $ 141,822.13 $ 420,079.00 Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
Revenues Balance
FUND 2610 - TRAFFIC SIGNALIZATION FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
18 City Council/RSA Agenda 278 Tuesday, December 13, 2022

TABLE D
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:

For residential non-subdivided property only 2,945.00 $ per unit (C) Adjusted Beginning Fund Balance 7-1-2017 $ 1,519,286.31 Fees collected for 5-year period $ 87,201.00
Interest earned for the 5-year period 90,998.33
Miscellaneous receipts for the 5-year period 34,714.04
Land Dedication In-Lieu 212,913.37 - $
Less: Expenditures for the 5-year period (Detailed in Exhibit d1) (80,425.99) Ending Fund Balance 6-30-2022 $ 1,651,773.69
5-Year Revenue and Expenditure Summary Report (Please see Exhibit d3) Yearly Revenue and Expenditure History Report (Please see Exhibit d4) 5-Year Expenditure Limit Analysis (Please see Exhibit d5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 4120 - PARK FACILITIES FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
To account for funds collected from new non-subdivided residential construction (apartments) developers. These monies will be used for park facilities and the costs of acquiring land for park improvements. These fees are based on, and in proportion to, the park facilities needs generated by such development. (Please see Exhibit d2)
(Please see Exhibit d1)
19 City Council/RSA Agenda 279 Tuesday, December 13, 2022 Exhibit d1
Total Cost
Proj Developer % Funded with Non-Developer from all Funding Project Name Number Fees Developer Fees Fees Sources
Expansion of UC Sports Ctr/Liberty Park 90525 - $ - - $ - $ Casa Verde Park Trail & Playground Imp 91416 80,425.99 90% 9,160.01 89,586.00 Staff & Overflow Parking Lot-Mark Green 91513 - - - -
Total Expenditures $ 80,425.99 $ 89,586.00
Exhibit d2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

None N/A
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND
20 City Council/RSA Agenda 280 Tuesday, December 13, 2022 Exhibit d3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ 1,519,286.31 REVENUES:

Park Facilities Fee $ 87,201.00
Investment Earnings 90,998.33
Land Dedication In-Lieu -
Adjustment to Beginning Fund Balance 34,714.04
Total Revenues $ 212,913.37
EXPENDITURES:

Expansion of UC Sports Ctr/Liberty Park $ -
Casa Verde Park Trail & Playground Imp 80,425.99
Staff & Overflow Parking Lot-Mark Green -
Total Expenditures $ 80,425.99
Ending Fund Balance 6-30-2022 $ 1,651,773.69

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 21 City Council/RSA Agenda 281 Tuesday, December 13, 2022 Exhibit d4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Park Facilities Fee $ - - $ - $ 87,201.00 $ - $ - $ 87,201.00 $ 80,425.99 $ 6,775.01 $ A Investment Earnings 17,946.42 19,116.67 38,366.27 34,685.64 - - - 90,998.33 90,998.33 C Land Dedication In-Lieu - - - - - - - - - B
Adjustment to Beginning Fund Balance - - - - 18,202.35 16,511.69 34,714.04 - 34,714.04 D Total Revenues $ 17,946.42 19,116.67 $ 38,366.27 $ 121,886.64 $ 18,202.35 $ 16,511.69 $ 212,913.37 $ 80,425.99 $ 132,487.38 $ Expenditures:Expansion of UC Sports Ctr/Liberty Park 217,494.19 $ - $ - $ - $ - $ - $ - $ A Casa Verde Park Trail & Playground Imp 80,425.99 109,835.44 - - - - 80,425.99 A Staff & Overflow Parking Lot-Mark Green 85,090.96 - - - - - - A Total Expenditures $ 80,425.99 412,420.59 $ - $ - $ - $ - $ 80,425.99 $ Revenues Over/(Under) Expenditures (393,303.92) $ (62,479.57) $ 38,366.27 $ 121,886.64 $ 18,202.35 $ 16,511.69 $ 132,487.38 $ Beginning Fund Balance 1,912,590.23 1,519,286.31 1,456,806.74 1,495,173.01 1,617,059.65 1,635,262.00 1,519,286.31 Ending Fund Balance $ 1,519,286.31 $ 1,456,806.74 $ 1,495,173.01 $ 1,617,059.65 $ 1,635,262.00 $ 1,651,773.69 $ 1,651,773.69

CITY OF UNION CITY
FUND 4120 - PARK FACILITIES FUND

REVENUE AND EXPENDITURE HISTORY REPORT
22 City Council/RSA Agenda 282 Tuesday, December 13, 2022 Exhibit d5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2014-2015, bal fwd 902,284.04 $ 80,425.99 $ - $ - $ - $ - $ 821,858.05 $ FY 2015-2016, bal fwd 597,885.60 - - - - - 597,885.60
FY 2016-2017, bal fwd 19,116.67 - - - - - 19,116.67
FY 2017-2018 17,946.42 - - - - - 17,946.42
FY 2018-2019 38,366.27 - - - - - 38,366.27
FY 2019-2020 121,886.64 - - - - - 121,886.64
FY 2020-2021 18,202.35 - - - - - 18,202.35
FY 2021-2022 16,511.69 - - - - - 16,511.69
Total Expenditures $ 80,425.99 $ - $ - $ - $ - $ 1,651,773.69 Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
Revenues Balance
FUND 4120 - PARK FACILITIES FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
23 City Council/RSA Agenda 283 Tuesday, December 13, 2022

TABLE E
Government
Code Section
66006 (b)
(A) A brief description of the type of development fees in the fund:
(B) The amount of the development fees per the FY 2021-2022 Master Fee Schedule:

Average persons per Residential Unit times 3 divided by 1,000 = Calculated incremental acres required per Residential Unit.

Multiplied by Appraised Value of land per acre times 1.2 Developer Non-Developer
Fees Fees Total
(C) Adjusted Beginning Fund Balance 7-1-2017 436,204.46 $ - $ 436,204.46 $ Taxes collected for 5-year period 24,635.59 - 24,635.59 Fees collected for 5-year period - - -
Interest earned for the 5-year period - 147,045.52 147,045.52 Miscellaneous receipts for the 5-year period 60,028.44 - 60,028.44 Land Dedication In-Lieu - 2,357,345.00 2,357,345.00
Available Funds $ - 3,025,259.01 $ 3,025,259.01 $
Less: Expenditures for the 5-year period (Detailed in Exhibit e1) - (977,569.42) (977,569.42) Ending Fund Balance 6-30-2022 $ 2,047,689.59 $ - $ 2,047,689.59 5-Year Revenue and Expenditure Summary Report (Please see Exhibit e3) Yearly Revenue and Expenditure History Report (Please see Exhibit e4) 5-Year Expenditure Limit Analysis (Please see Exhibit e5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None

DEVELOPMENT IMPACT FEE DISCLOSURE
Park-in-Lieu Fee per
Residential Unit
FUND 2550 - SPECIAL PARKS FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
(Please see Exhibit e2)
To account for bedroom taxes (one‐time park in‐lieu fees imposed on the number of bedrooms in a single home/non‐tract dwelling at construction pursuant to Resolution No. 4093‐80), developer park in lieu fees for tract homes and grant funds received for the development of new parks and improvements to existing parks. The fee is based on, and in proportion to, the park development and park improvement needs generated by such development.
(Please see Exhibit e1)
24 City Council/RSA Agenda 284 Tuesday, December 13, 2022 Exhibit e1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Finance/Interest Exp (Non-Debt Related) 15011 $ - $ - $ - $ - Parks Irrigation Renovation 90519 103,394.77 100% - 103,394.77 Civic Center Landscape Improvements 90524 13,622.95 100% - 13,622.95 Playground Equip & Fitness Course Repair 91109 230,483.93 100% - 230,483.93 Kennedy Center Remodel 91311 89,920.68 3% 3,114,024.55 3,203,945.23 Casa Verde Park Trail & Playground Improvements 91416 9,160.01 10% 80,425.99 89,586.00 Relocate/Refurbish Trailers to the City Parks 91417 - - - - Playground Rehab at Hall Ranch Field 91512 4,968.08 100% - 4,968.08 Shorty Garcia Park In-Filled Playing Surface 91608 71,169.61 4% 1,683,408.32 1,754,577.93 Mark Green Sports Center/Tots Playground 91628 18,000.00 65% 9,737.42 27,737.42 Veteran Memorial Park Improvements 91635 73,324.76 19% 321,884.20 395,208.96 Kennedy Center Electrical & Gas Repairs 91822 71,214.32 100% - 71,214.32 Contempo Park ADA Improvements 91907 288,268.22 32% 600,000.00 888,268.22 Prop 68 Park Improvements Project 92117 50.00 100% - 50.00 Old Alv/Cesar Chavez Park Improvements 92113 3,992.09 1% 330,028.17 334,020.26 Transfer Out N/A - - - -
Total Expenditures $ 977,569.42 $ 6,139,508.65 $ 7,117,078.07 Exhibit e2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

Parks Irrigation Renovation JUL 2006
Playground Equip & Fitness Course Repair DEC 2011
NEW PUBLIC IMPROVEMENT PROJECTS:

Old Alv/Cesar Chavez Park Improvements APR 2022
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
25 City Council/RSA Agenda 285 Tuesday, December 13, 2022 Exhibit e3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ 436,204.46
REVENUES:

Park Bedroom Tax $ 24,635.59
Park Development Fees -
Land Dedication In-Lieu 2,357,345.00
Investment Earnings 147,045.52
Miscellaneous Receipts -
Miscellaneous State Revenues 13,085.00
Adjustment to Beginning Fund Balance 46,943.44
Total Revenues $ 2,589,054.55
EXPENDITURES:

Finance/Interest Exp (Non-Debt Related) $ -
Parks Irrigation Renovation 103,394.77
Civic Center Landscape Improvements 13,622.95
Playground Equip & Fitness Course Repair 230,483.93
Kennedy Center Remodel 89,920.68
Casa Verde Park Trail & Playground Improv. 9,160.01
Relocate/Refurbish Trailers to the City Parks -
Playground Rehab at Hall Ranch Field 4,968.08
Shorty Garcia Park In-Filled Playing Surface 71,169.61
Mark Green Sports Center/Tots Playground 18,000.00
Veterans Memorial Park Improvements 73,324.76
Kennedy Center Electrical & Gas Repairs 71,214.32
Contempo Park ADA Improvements 288,268.22
Prop 68 Park Improvements Project 50.00
Old A/v/Cesar Chavez Park Improvements 3,992.09
Transfers-Out -
Total Expenditures $ 977,569.42
Ending Fund Balance 6-30-2022 $ 2,047,689.59

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 26 City Council/RSA Agenda 286 Tuesday, December 13, 2022 Exhibit e4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Park Bedroom Tax $ 2,555.00 726,950.00 $ 8,855.00 $ 9,590.00 $ 1,048.60 $ 2,586.99 $ $ 977,569.42 24,635.59 $ (952,933.83) $ A Park Development Fees - - - - - - - - - B
Land Dedication In-Lieu 2,357,345.00 - - - - - - 2,357,345.00 2,357,345.00 CInvestment Earnings 30,593.36 4,417.81 63,747.41 52,704.75 - - - 147,045.52 147,045.52 D Miscellaneous Receipts 25,599.97 - - - - - - - - E
Miscellaneous State Revenues - - - 13,085.00 - - - 13,085.00 13,085.00 F Adjustment to Beginning Fund Balance - - - - 25,005.83 21,937.61 - 46,943.44 46,943.44 G Total Revenues $ 2,390,493.36 756,967.78 $ 72,602.41 $ 75,379.75 $ 26,054.43 $ 24,524.60 $ 2,589,054.55 $ 977,569.42 $ 1,611,485.13 $ Expenditures:Finance/Interest Exp (Non-Debt Related) 60.46 $ - $ - $ - $ - $ - $ $ - D Parks Irrigation Renovation 3,881.41 - 10,377.82 3,147.27 49,274.66 40,595.02 103,394.77 A Civic Center Landscape Improvements 11,545.42 10,141.81 3,481.14 - - - 13,622.95 A Playground Equip & Fitness Course Repair 54,742.34 168,551.50 - 29,720.80 4,984.14 27,227.49 230,483.93 A Kennedy Center Remodel 59,672.60 - 30,248.08 - - - 89,920.68 A Casa Verde Park Trail & Playground Improv. - 9,160.01 - - - - 9,160.01 A Relocate/Refurbish Trailers to the City Parks 4,148.87 - - - - - - B Playground Rehab at Hall Ranch Field 22,221.00 4,968.08 - - - - 4,968.08 A Shorty Garcia Park In-Filled Playing Surface 5,105.00 - 71,169.61 - - - 71,169.61 AMark Green Sports Center/Tots Playground - 18,000.00 - - - - 18,000.00 AVeterans Memorial Park Improvements - 58,228.27 15,096.49 - - - 73,324.76 AKennedy Center Electrical & Gas Repairs - - 71,214.32 - - - 71,214.32 AContempo Park ADA Improvements - - - 219,643.01 68,625.21 - 288,268.22 A Prop 68 Park Improvements Project - - - - 50.00 - 50.00 A Old Alv/Cesar Chavez Park Improvements - - - - - 3,992.09 3,992.09 A Transfers-Out - 222,459.00 - - - - - H
Total Expenditures $ 328,722.27 324,163.50 $ 201,587.46 $ 252,511.08 $ 122,934.01 $ 71,814.60 $ $ 977,569.42Revenues Over/(Under) Expenditures $ 2,061,771.09 432,804.28 $ (128,985.05) $ (177,131.33) $ (96,879.58) $ (47,290.00) $ 1,611,485.13 $ Beginning Fund Balance 436,204.46 3,400.18 2,497,975.55 2,368,990.50 2,191,859.17 2,094,979.59 436,204.46 Ending Fund Balance $ 436,204.46 $ 2,497,975.55 $ 2,368,990.50 $ 2,191,859.17 $ 2,094,979.59 $ 2,047,689.59 $ 2,047,689.59

CITY OF UNION CITY
FUND 2550 - SPECIAL PARKS FUND

REVENUE AND EXPENDITURE HISTORY REPORT
27 City Council/RSA Agenda 287 Tuesday, December 13, 2022 Exhibit e5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2016-2017, bal fwd 436,204.46 $ 328,722.27 $ 107,482.19 $ - $ - $ - $ - $ FY 2017-2018 2,390,493.36 - 94,105.27 252,511.08 122,934.01 71,814.60 1,849,128.40 FY 2018-2019 72,602.41 - - - - - 72,602.41
FY 2019-2020 75,379.75 - - - - - 75,379.75
FY 2020-2021 26,054.43 - - - - - 26,054.43
FY 2021-2022 24,524.60 - - - - - 24,524.60
Total Expenditures $ 328,722.27 $ 201,587.46 $ 252,511.08 $ 122,934.01 $ 71,814.60 $ 2,047,689.59 Within 5 Year Limit
Over the 5 Year Limit
AS OF JUNE 30, 2022

CITY OF UNION CITY
Revenues Balance
FUND 2550 - SPECIAL PARKS FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
28 City Council/RSA Agenda 288 Tuesday, December 13, 2022

TABLE F
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:
(C) Adjusted Beginning Fund Balance 7-1-2017 $ 16,516.51 Fees collected for 5-year period $ 111,237.08 111,237.08 $ Less: Expenditures for the 5-year period (Detailed in Exhibit f1) - Ending Fund Balance 6-30-2022 $ 127,753.59
5-Year Revenue and Expenditure Summary Report (Please see Exhibit f3) Yearly Revenue and Expenditure History Report (Please see Exhibit f4) 5-Year Expenditure Limit Analysis (Please see Exhibit f5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None Residential Projects $1.40 psf of occupiable space above the 2nd story

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
This fund accounts for monies received from developers of commercial properties and certain residential structures to be used for the acquisition of fire equipment. The fee is based on, and in proportion to, the fire equipment needs generated by such development. (Please see Exhibit f1)
(Please see Exhibit f2)
Industrial Buildings
Office, Professional, and Hotel
Buildings
$.06 psf of roof area
$1.40 psf of occupiable space above the 2nd story
29 City Council/RSA Agenda 289 Tuesday, December 13, 2022 Exhibit f1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Fire Operations (New Fire Apparatus) 22002 $ - 0% 5,198.15 $ 5,198.15 $ Total Expenditures $ - $ 5,198.15
Exhibit f2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

None N/A
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES 30 City Council/RSA Agenda 290 Tuesday, December 13, 2022 Exhibit f3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ 16,516.51
REVENUES:

Fire Equipment Fees $ 111,237.08
Total Revenues $ 111,237.08
EXPENDITURES:

Fire Operations (New Fire Apparatus) $ -
Total Expenditures $ -
Ending Fund Balance 6-30-2022 $ 127,753.59

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 31 City Council/RSA Agenda 291 Tuesday, December 13, 2022 Exhibit f4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Fire Equipment Fees $ 74,223.80 - $ 30,287.60 $ 4,656.40 $ 2,069.28 $ - $ 111,237.08 $ - $ 111,237.08 $ A Total Revenues $ 74,223.80 - $ 30,287.60 $ 4,656.40 $ 2,069.28 $ - $ 111,237.08 $ - $ 111,237.08 $ Expenditures:Fire Operations (New Fire Apparatus) 92,472.41 $ - $ - $ - $ - $ - $ - $ A Total Expenditures 92,472.41 $ - $ - $ - $ - $ - $ - $
Revenues Over/(Under) Expenditures (92,472.41) $ 74,223.80 $ 30,287.60 $ 4,656.40 $ 2,069.28 $ - $ 111,237.08 $ Beginning Fund Balance 108,988.92 16,516.51 90,740.31 121,027.91 125,684.31 127,753.59 16,516.51 Ending Fund Balance 16,516.51 $ 90,740.31 $ 121,027.91 $ 125,684.31 $ 127,753.59 $ 127,753.59 $ 127,753.59 $

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND

REVENUE AND EXPENDITURE HISTORY REPORT
32 City Council/RSA Agenda 292 Tuesday, December 13, 2022 Exhibit f5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2015-2016, bal fwd 16,516.51 $ - $ - $ - $ - $ - $ $ 16,516.51 FY 2016-2017, bal fwd - - - - - - -
FY 2017-2018 74,223.80 - - - - - 74,223.80
FY 2018-2019 30,287.60 - - - - - 30,287.60
FY 2019-2020 4,656.40 - - - - - 4,656.40
FY 2020-2021 2,069.28 - - - - - 2,069.28
FY 2021-2022 - - - - - - -
Total Expenditures $ - $ - $ - $ - $ - $ 127,753.59
Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
FUND 2210 - FIRE EQUIPMENT ACQUISITION FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues Balance
33 City Council/RSA Agenda 293 Tuesday, December 13, 2022

TABLE G
Government
Code Section
66006 (b)
(A) A brief description of the type of development fee in the fund:
(B) The amount of the development fee per the FY 2021-2022 Master Fee Schedule:
(C) Adjusted Beginning Fund Balance 7-1-2017 $ 540,053.51 Fees collected for 5-year period $ 437,127.24
Interest earned for the 5-year period 47,838.95
Miscellaneous receipts for the 5-year period 18,824.46 503,790.65 $ Less: Expenditures for the 5-year period (Detailed in Exhibit g1) (86,482.79) Ending Fund Balance 6-30-2022 $ 957,361.37
5-Year Revenue and Expenditure Summary Report (Please see Exhibit g3) Yearly Revenue and Expenditure History Report (Please see Exhibit g4) 5-Year Expenditure Limit Analysis (Please see Exhibit g5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None Private-Permit valuation over $250,000 Must construct Public Art or pay in-lieu fee equivalent to 1% of permit valuation
(Please see Exhibit g2)
Public-Permit valuation over $250,000 Must construct Public Art with a value equivalent to 1% of permit valuation
(Please see Exhibit g1)

DEVELOPMENT IMPACT FEE DISCLOSURE
FUND 2655 - PUBLIC ART FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
This fund accounts for monies received from developers of commercial properties and certain residential structures to be used for the creation and installation of public art. The fee is based on, and in proportion to, the public art needs generated by such development.

Private-Permit valuation over $50 million Negotiated between Developer and City 34 City Council/RSA Agenda 294 Tuesday, December 13, 2022 Exhibit g1
% Funded Total Cost
Proj Developer with Non-Developer from all Funding
Project Name Number Fees Dev Fees Fees Sources
Old Alvarado Signage & Branding Project 41004 $ - - - $ - $ Kennedy Center Remodel 91311 85,718.75 3% 3,079,737.29 3,165,456.04 Alvarado Historic District Sign Project 91626 164.04 100% - 164.04 Citywide Mural Project 71135 600.00 100% - 600.00
Total Expenditures $ 86,482.79 $ 3,166,220.08
Exhibit g2
Approximate
Commencement
Description Date
WORK IN-PROGRESS:

Alvarado Historic District Sign Project JUL 2016
Citywide Mural Project NOV 2020
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
FUND 2655 - PUBLIC ART FUND

CITY OF UNION CITY

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 35 City Council/RSA Agenda 295 Tuesday, December 13, 2022 Exhibit g3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ 540,053.51
REVENUES:

Art in Public Places In-Lieu Fee $ 437,127.24
Investment Earnings 47,838.95
Adjustment to Beginning Fund Balance 18,824.46
Total Revenues $ 503,790.65
EXPENDITURES:

Old Alvarado Signage & Branding Project $ -
Kennedy Center Remodel 85,718.75
Alvarado Historic District Sign Project 164.04
Citywide Mural Project 600.00
Total Expenditures $ 86,482.79
Ending Fund Balance 6-30-2022 $ 957,361.37

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND
5-YEAR REVENUE AND EXPENDITURE SUMMARY REPORT
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 36 City Council/RSA Agenda 296 Tuesday, December 13, 2022 Exhibit g4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Art in Public Places In-Lieu Fee 6,850.00 $ 243,199.27 $ 109,143.50 $ 17,017.00 $ 63,126.87 $ 4,640.60 $ 437,127.24 $ 86,482.79 $ 350,644.45 $ A Investment Earnings 7,930.90 7,158.28 21,798.35 18,882.32 - - 47,838.95 - 47,838.95 BAdjustment to Beginning Fund Balance - - - - 9,810.52 9,013.94 18,824.46 - 18,824.46 CTotal Revenues $ 250,357.55 14,780.90 $ 130,941.85 $ 35,899.32 $ 72,937.39 $ 13,654.54 $ 503,790.65 $ 86,482.79 $ 417,307.86 $ Expenditures:Old Alvarado Signage & Branding Project 1,400.00 $ - $ - $ - $ - $ - $ - $ A Kennedy Center Remodel 129,831.25 85,718.75 - - - - 85,718.75 A Alvarado Historic District Sign Project 187.50 - - - 164.04 - 164.04 A Citywide Mural Project - - - - 600.00 - 600.00 A
Total Expenditures 131,418.75 $ 85,718.75 $ - $ - $ 764.04 $ - $ 86,482.79 $ Revenues Over/(Under) Expenditures (116,637.85) $ 164,638.80 $ 130,941.85 $ 35,899.32 $ 72,173.35 $ 13,654.54 $ 417,307.86 $ Beginning Fund Balance 656,691.36 540,053.51 704,692.31 835,634.16 871,533.48 943,706.83 540,053.51 Ending Fund Balance 540,053.51 $ 704,692.31 $ 835,634.16 $ 871,533.48 $ 943,706.83 $ 957,361.37 $ 957,361.37 $

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND

REVENUE AND EXPENDITURE HISTORY REPORT
37 City Council/RSA Agenda 297 Tuesday, December 13, 2022 Exhibit g5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2013-2014, bal fwd $ 8,828.16 8,828.16 $ - $ - $ - $ - $ $ - FY 2014-2015, bal fwd 76,890.59 440,691.50 - - 764.04 - 363,036.87 FY 2015-2016, bal fwd - 75,752.95 - - - - 75,752.95
FY 2016-2017, bal fwd - 14,780.90 - - - - 14,780.90
FY 2017-2018 - 250,357.55 - - - - 250,357.55
FY 2018-2019 - 130,941.85 - - - - 130,941.85
FY 2019-2020 - 35,899.32 - - - - 35,899.32
FY 2020-2021 - 72,937.39 - - - - 72,937.39
FY 2021-2022 - 13,654.54 - - - - 13,654.54
Total Expenditures $ 85,718.75 $ - $ - $ 764.04 $ - $ 957,361.37 Within 5 Year Limit
Over the 5 Year Limit
Balance

CITY OF UNION CITY
FUND 2655 - PUBLIC ART FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues
38 City Council/RSA Agenda 298 Tuesday, December 13, 2022

TABLE H
Government
Code Section
66006 (b)
(A) A brief description of the type of development fees in the fund:
(B) The amount of the development fees per the FY 2021-2022 Master Fee Schedule:
(C) Adjusted Beginning Fund Balance 7-1-2017 $ -
Fees collected for 5-year period 113,110.00 $ 113,110.00 $ Less: Expenditures for the 5-year period (Detailed in Exhibit h1) - Ending Fund Balance 6-30-2022 $ 113,110.00
5-Year Revenue and Expenditure Summary Report (Please see Exhibit h3) Yearly Revenue and Expenditure History Report (Please see Exhibit h4) 5-Year Expenditure Limit Analysis (Please see Exhibit h5) (D) Identification of each public improvement on which development fees were expended; amount of expenditures on each improvement; and total percentage of the cost of the public improvement that was funded with development fees. (E) Approximate date by which the construction of incomplete public improvements to be financed with the development fees will commence. (F) Description of interfund transfers or loans made from the fund, including the public improvement on which the transferred or loaned fees will be expended.

In the case of interfund loans, the date on which the loan will be repaid, and the interest rate that the fund will receive on the loans. None (G) Amount of refunds made pursuant to Section 66001(e) None (H) Amount of allocations pursuant to Section 66001(f) None Large project optional in-lieu fee (seven units or more) $27 per square foot Impact fee for residential additions where the net new
square footage of habitable space is greater than five
hundred (500) square feet. This includes
teardowns/rebuilds.
$25 per square foot
(Please see Exhibit h2)
(Please see Exhibit h1)

IN-LIEU FUND AND IMPACT FEE DISCLOSURE
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND
FISCAL YEAR 2017-2018 THROUGH FISCAL YEAR 2021-2022
The housing in-lieu fee shall be collected and used to provide/assure continued provision of affordable housing in the City through acquisition, construction, development assistance, rehabilitation, financing, or other methods, and for costs of administering these programs. The fee is based on, and in proportion to, the affordable housing needs of the City.

The affordable housing impact fee shall be collected and used for the purpose of creating, developing, and/or maintaining existing housing targeted for affordable households within the City.

Small project in-lieu fee (six units or less)
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.
39 City Council/RSA Agenda 299 Tuesday, December 13, 2022 Exhibit h1
% Funded
with Total Cost
Proj In-Lieu/ In-Lieu/ Non-In-Lieu/ from all Funding
Project Name Number Impact Fees Impact Fees Impact Fees Sources None $ - - - $ - $
Total Expenditures $ - $ -

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

STATEMENT OF EXPENDITURES FUNDED BY DEVELOPER FEES
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022 40 City Council/RSA Agenda 300 Tuesday, December 13, 2022 Exhibit h2
Approximate
Description Commencement Date
WORK-IN-PROGRESS:

None N/A
NEW PUBLIC IMPROVEMENT PROJECTS:

None N/A

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

INCOMPLETE PUBLIC IMPROVEMENTS TO BE FINANCED WITH DEVELOPER FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2022
41 City Council/RSA Agenda 301 Tuesday, December 13, 2022 Exhibit h3
Amount Totals
Adjusted Beginning Fund Balance 7-1-2017 $ -
REVENUES:

Affordable Housing Impact Fees $ 113,110.00
Housing In-Lieu Fees -
Investment Earnings -
Total Revenues $ 113,110.00
EXPENDITURES:

None $ -
Total Expenditures $ -
Ending Fund Balance 6-30-2022 $ 113,110.00
FOR THE 5-YEAR PERIOD FROM FY 2017-2018 THROUGH FY 2021-2022

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

REVENUE AND EXPENDITURE SUMMARY REPORT
42 City Council/RSA Agenda 302 Tuesday, December 13, 2022 Exhibit h4
Adjusted Beginning Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Actual Revenues Actual Expenditures Revenues Over/(Under) Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 5 Fiscal Years 5 Fiscal Years Expenditures Revenues:Affordable Housing Impact Fees - $ - $ - $ 38,907.00 $ 25,050.00 $ 49,153.00 $ 113,110.00 $ - $ 113,110.00 $ A Housing In-Lieu Fees - - - - - - - - - B
Investment Earnings - - - - - - - - - C
Total Revenues $ - - $ - $ 38,907.00 $ 25,050.00 $ 49,153.00 $ 113,110.00 $ - $ 113,110.00 $ Expenditures:None $ - - $ - $ - $ - $ - $ - $ A
Total Expenditures $ - - $ - $ - $ - $ - $ - $
Revenues Over/(Under) Expenditures - $ - $ - $ 38,907.00 $ 25,050.00 $ 49,153.00 $ 113,110.00 $ Beginning Fund Balance - - - - 38,907.00 63,957.00 - Ending Fund Balance $ - $ - $ - $ 38,907.00 $ 63,957.00 $ 113,110.00 $ 113,110.00

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND

REVENUE AND EXPENDITURE HISTORY REPORT
43 City Council/RSA Agenda 303 Tuesday, December 13, 2022 Exhibit h5
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
FY 2016-2017, bal fwd - $ - $ - $ - $ - $ - $ - $
FY 2017-2018 - - - - - - -
FY 2018-2019 - - - - - -
FY 2019-2020 38,907.00 - - - 38,907.00
FY 2020-2021 25,050.00 - - 25,050.00
FY 2021-2022 49,153.00 49,153.00 -
Total Expenditures $ - $ - $ - $ - $ - $ 113,110.00
Within 5 Year Limit
Over the 5 Year Limit

CITY OF UNION CITY
FUND 2350 - AFFORDABLE HOUSING IMPACT FEE FUND
5-YEAR EXPENDITURE LIMIT ANALYSIS
AS OF JUNE 30, 2022
Revenues Balance
44 City Council/RSA Agenda 304 Tuesday, December 13, 2022