Agenda packet — Union City City Council, April 23, 2024 (part 1 of 2)

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAMIE PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, April 23, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Presentation Of Certificates Of Recognition To 2024 Recycling Poster Contest Winners

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 Chair 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 City Council/RSA Agenda 1 Tuesday, April 23, 2024
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 required to provide public comment but are requested for record keeping purposes.

4.a. Written Public Comments

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.)
Approve the Minutes Of The April 9, 2024 City Council Regular Meeting

5.b. Approve the Minutes Of The April 10, 2024 City Council Special Meeting

5.c. Adopt A Resolution Of The City Council Of The City Of Union City To Amend The City's Records Retention Schedule In
Compliance With Senate Bill 16

5.d. Adopt A Resolution Of The City Council Of The City Of Union City Approving An Amendment To The Classification And
Compensation Plan To Revise The City’s Salary Schedule In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.e. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To Master Contract No. 901630 With
Alameda County To Increase The Contract By $114,413 For Providing Delinquency Prevention Services Through December 31, 2024, And To Amend The Fiscal Year 2023-2024 Youth
Violence Prevention & Intervention Fund Budget

5.f. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To The Consulting Services Agreement With Rail Surveyors And Engineers, Inc. (RSE), In The Amount Of $250,000, For A Total Contract Amount Of $425,000, To Provide Engineering Services For Railroad At-Crossing Safety Improvements For The BART Pedestrian At-Crossing Project, City Project No. 14-14

5.g. Adopt A Resolution To Approve The Allocation Of Community Development Block Grant (CDBG) Funds, In The Amount Of
$158,935, To The Old Alvarado/Cesar Chavez Park
Improvement Project, City Project No. 21-13, To Cover The Reduced Funding Amount Received In Program Year 2022
City Council/RSA Agenda 2 Tuesday, April 23, 2024
That Had Been Anticipated For This Project, And Complete A Minor Amendment To Both The Program Year 2022 And The
Program Year 2023 CDBG Annual Action Plan

5.h. Waive Further Reading And Adoption Of An Ordinance Approving A-24-001 To Update The Official Union City Zoning Map For Consistency With The 2040 General Plan

5.i. Waive Further Reading And Adopt An Ordinance To Amend Chapter 2.05 “Campaign Reporting Requirements” In The
Union City Municipal Code For Enhanced Clarity And
Transparency In Campaign Reporting

6. PUBLIC HEARINGS

6.a. Hold A Public Hearing And Continue To A Date Uncertain To Adopt A Resolution 1) Approving The 2024-2025 Community Development Block Grant (CDBG) Annual Action Plan and 2) Authorizing The City Manager To Submit The 2024-2025
CDBG Annual Action Plan To The U.S. Department Of Housing And Urban Development And To Execute All Documents
Necessary To Secure And Award Funding For The City

7. CITY MANAGER REPORTS

7.a. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Landfill, Compost, and Recycle Collection Services Franchise Agreements with Republic Services and TriCity Community Recycling to Include Costs in the Contractor’s Compensation and Rates in FY 2024-2025 that are Associated with NewAgreements for Services From FY 2025-2026
Through FY 2034-2035 and Directing Staff to Finalize the New Agreements Providing an Additional Ten-Year Term of Services

7.b. Adopt A Resolution Approving The Issuance Of A Proposition 218 Notice And Scheduling A Public Hearing On The Proposed Increase Of Landfill, Compost, And Recycle Collection Service Rates For Fiscal Year 2024-2025

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BY COUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None

14. ADJOURNMENT

MEETING INFORMATION
City Council/RSA Agenda 3 Tuesday, April 23, 2024
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.

Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impair.

ADDRESSING THE CITY COUNCIL
In Person Public Comment: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Members who wish to speak 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 nor identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

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 will be e-mailed to the City Council and made publicly available.

Public Comment via Zoom: As indicated above, the public cannot address the Council via Zoom unless City Council/RSA Agenda 4 Tuesday, April 23, 2024
the City is required to provide such opportunity pursuant to AB 2449. In the event that members of the public are allow to participate via Zoom pursuant to AB 2449, the Mayor will make an announcement at the beginning of the meeting. Raise your virtual hand to notify the host that you would like to speak during the item that you wish to speak on.

CITY COUNCIL NORMS AND GUIDELINES (Resolution No. 6129-23; Adopted May 23, 2023) The City Council of the City of Union City comply with the following norms:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.

6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.

7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.

10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the City Council/RSA Agenda 5 Tuesday, April 23, 2024
Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.

City Council/RSA Agenda 6 Tuesday, April 23, 2024
April 23, 2024
2024 Union City
Recycling Poster Contest
Uyen Mai, Sustainability Analyst
City Council/RSA Agenda 7 Tuesday, April 23, 2024
2 Celebrate Earth Day Every Day
• “Real change, enduring change, happens
one step at a time.” – Ruth Bader Ginsburg
• When in doubt, find out! For waste
reduction and recycling information and
resources, visit: UnionCityRecycles.org.
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 8 Tuesday, April 23, 2024
3 Earth Day-Friendly Community Events
April 13, 2024
• E-Waste Recycling Drop-off Event
• Community Document Shred Event
• Studio 11: Recycling Poster Contest
Exhibition & Spring Pop-up on the
Promenade
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners April 14, 2024
• Compost Giveaway Event
April 27, 2024
• New Haven Day
• UCPD Drug Take-back Event
City Council/RSA Agenda 9 Tuesday, April 23, 2024
4 2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners Union City Community Compost Hub
Now Open!
• Location: 35700 Alvarado-Niles Rd.
• Residents can obtain loose compost year-round
at no additional cost.
• Bring your own container or bag and a shovel to
this self-serve Compost Hub.
• Fill your container or bag and bring the compost
home to start building healthy, climate-resilient
soil.
• Learn more: UnionCity.org/Free-Compost.

City Council/RSA Agenda 10 Tuesday, April 23, 2024
5 2014 Recycling Poster Contest
Artist Spotlight
Satvir Chana
Alvarado Elementary
(5th Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 11 Tuesday, April 23, 2024
6 Grades K - 2 Winners
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners 2024 “Rethink Before You Toss”
Recycling Poster Contest
City Council/RSA Agenda 12 Tuesday, April 23, 2024
7 1

ST PLACE WINNER
Reiya T.

Guy Emanuele Elementary
(2
nd Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 13 Tuesday, April 23, 2024
8 1

ST PLACE WINNER
Samarth P.

Delaine Eastin Elementary
(1
st Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 14 Tuesday, April 23, 2024
9 1

ST PLACE WINNER
Vishvaa N.

Delaine Eastin Elementary
(1
st Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 15 Tuesday, April 23, 2024
10 RUNNER UP WINNER
Ellie N.

Delaine Eastin Elementary
(1
st Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 16 Tuesday, April 23, 2024
11 RUNNER UP WINNER
Solomon W.

BASIS Independent Fremont
(Kindergarten)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 17 Tuesday, April 23, 2024
12 Grades 3 - 5 Winners
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners 2024 “Rethink Before You Toss”
Recycling Poster Contest
City Council/RSA Agenda 18 Tuesday, April 23, 2024
13 1

ST PLACE WINNER
Kallie N.

Delaine Eastin Elementary
(4
th Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 19 Tuesday, April 23, 2024
14 1

ST PLACE WINNER
Kiet N.

Delaine Eastin Elementary
(3
rd Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 20 Tuesday, April 23, 2024
15 RUNNER UP WINNER
Daisy L.

Alvarado Elementary
(3rd Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 21 Tuesday, April 23, 2024
16 RUNNER UP WINNER
Olive N.

Delaine Eastin Elementary
(3
rd Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 22 Tuesday, April 23, 2024
17 Grades 6 - 8 Winner
2024 “Rethink Before You Toss”
Recycling Poster Contest
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 23 Tuesday, April 23, 2024
18 1

ST PLACE WINNER
Jade N.

Itliong-Vera Cruz Elementary
(6
th Grade)
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 24 Tuesday, April 23, 2024
19 Congratulations to Our
2024 Recycling Poster Contest Winners!
2024 Union City “Rethink Before You Toss” Recycling Poster Contest Winners City Council/RSA Agenda 25 Tuesday, April 23, 2024
Agenda Item
ATTACHMENTS:

Description Type
Petition to Stop Embarc Recreational Cannabis Dispensary Opening Attachment City Council/RSA Agenda 26 Tuesday, April 23, 2024
Petition to Stop Em bare Recreational
Cannabis Dispensary opening on
Alvarado-Niles Road!
Embarc is attempting to open a recreational cannabis dispensary on 35194Alvardo-Niles Road directly across from the Purple Lotus Buddhist Temple and Quarry Lake Regional Recreation Area. It would also be near Montessori Learn and Play and not far from Logan High School.

Substantial concerns include: increase in crime to individuals, homes break-ins, and harm to our ability to attract other commercial and retail tenants, traffic volumes rising, loitering, crowding and lines, increased noise, littering, decreased home valuations, misdistribution of cannabis to our minors,
reputational harm to the Union City, just to name a few.

The two. commercially located. cannabis dispensaries already opened in Union City have been the target of violent crime and robbery. Embarc has also been a target of crime, including a robbery at gunpoint at their Embarc Martinez location. A residential area in NOT an appropriate location for a cannabis dispensary.

We hereby ask the mayor and members of the Union City Council to say "No" to Embarc, or any other cannabis dispensary from opening in this area.

City Council/RSA Agenda 27 Tuesday, April 23, 2024
Petition to Oppose Embarc Cannabis Dispensary
Proposed A vardo-Ni es B vda Location
Petition Opposition to the Embarc cannabis dispensary on Alvarado Niles near Monte Vista Union summary and City community, Purple Lotus Temple, Quarry Lakes, and local schools. Homeowners and background residents are worried about devaluation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment.

Action petitioned We, the undersigned, are concerned residents and citizens who strongly oppose a for cannabis dispensary opening on the proposed Alvardo-Niles location and urge our leaders to act now to vote NO. ,.

Printed Name Signature Address Comment Date
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l/pi7· r
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City Council/RSA Agenda 28 Tuesday, April 23, 2024
Petition
summary and
background
Action petitioned
for
Printed Name
ro osed
Opposition to the Embarc cannabis dispensary on Alvarado Niles near Monte Vista Union City community, Purple Lotus Temple, Quarry Lakes, and local schools. Homeowners and residents are worried about devaiuation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment.

VVe, the undersigned, are concerned residents and citizens who strongly oppose a cannabis dispensary opening on the proposed Alvardo-Niles location and urge our leaders to act now to vote NO.

Signature Address Comment Date
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City Council/RSA Agenda 29 Tuesday, April 23, 2024
Proposed Alvardo-N"les Blvd. Location
Petition Opposition to the Embarc cannabis dispensary on Alvarado Niles near Monte Vista Union summary and • City community, Purple Lotus Temple, Quarry Lakes, and local schools. Homeowners backgrourid and residents are worried about devaluation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment. . Actionpetitioned We, the undersigned, are concerned residents and citizens who strongly oppose a for •• cannabis dispensary opening on the proposed Alvardo-Niles location and urge our leaders to act now to vote NO.

Pranted Name Signature • Address- comment ·oate
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City Council/RSA Agenda 30 Tuesday, April 23, 2024
Petition to Oppose Embarc Cannabis Dispensary
Proposed Alvardo-Niles Blvd. Location
Petition summary Opposition to the Embarc cannabis dispensary on Alvarado Niles near Monte Vista Union and background City community, Purple Lotus Temple, Quarry Lakes, and local schools. Homeowners and residents are worried about devaluation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment.

Action petitioned We, the undersigned, are concerned residents and citizens who strongly oppose a cannabis for dispensary opening on the proposed Alvardo-Niles location and urge our leaders to act now to vote NO.

Printed Name Signature Address Comment Date
/I I '
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City Council/RSA Agenda 31 Tuesday, April 23, 2024
Petition
summary and
·background
Action petitioned .·
for
. Printed Name
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Propo ed Alva do ... Niles Blvda Location
Opposition to the Embarc cannabis dispensary on Alvarado Niles near Monte Vista Union City community, Purple Lotus Temple, Quarry Lakes, and local schools. Homeowners and residents are worried about devaluation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment.

We, the undersigned, are concerned residents and citizens who strongly oppose a cannabis dispensary opening on the proposed Alvardo-Niles location and urge our leaders to act now to vote NO .

Signature AdQress Comment
-,f';z.

Date
City Council/RSA Agenda 32 Tuesday, April 23, 2024
Petition to Oppose Embarc _Cannabis Dispensary Proposed Alvardo--Ni es Blvd. Locaf on
itt:·itt:~ttctry·.•·> ~:~:~~f; ,t~~~;l:~!~~c ;:;;f:.i~~i!f~n~aak~s~~:~v:::i~~~~il;e~~~~~!n~~:t:n~n:~;i~~~ts are worried about devaluation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment.
-_ Action petitic:>ned •• We, the undersigned, are concerned residents and citizens who strongly oppose a cannabis for ·••·- dispensary opening on the proposed Alvardo-Niles location and urge our leaders to act now to vote NO.

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City Council/RSA Agenda 33 Tuesday, April 23, 2024
---··-- .. . ..... ··--·•·•·--·--·· ------ -------------- Petition to Oppose Embarc Cannabis Dispensary Proposed
Alvardo .. Niles Blvd. Location
Petition summary
_ and background
Action petitioned
for
Printed_ Name
Opposition to the Embarc cannabis dispensary (or any other cannabis dispensary) on Alvarado Niles near Monte Vista Union City community, Purple Lotus Temple, Quarry Lakes, and local schools. Homeowners and residents are worried about devaluation of property, safety, and negative impact on youth and family due to the proposed cannabis establishment.

We, the undersigned, are concerned residents and citizer;i~ who strongly oppose any cannabis dispensary opening on the proposed Alvardo-Niles location . and urge our leaders to act now to , vote NO.
- _ Address Date
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City Council/RSA Agenda 34 Tuesday, April 23, 2024
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City Council/RSA Agenda 35 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: APPROVE THE MINUTES OF THE APRIL 10, 2024 CITY COUNCIL

SPECIAL MEETING

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
City Council/RSA Agenda 36 Tuesday, April 23, 2024
ATTACHMENTS:

Description Type
Draft Minutes Attachment
City Council/RSA Agenda 37 Tuesday, April 23, 2024
April 10, 2024 | 4:30 PM Page 1 of 2
City Council
Special Meeting Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Wednesday, April 10, 2024
4:30 PM
City Council Chambers
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Vice Mayor Wang called the meeting to order at 4:35 PM.

2. ROLL CALL
Attendance Attendee Name
Present Councilmember Patiño
Councilmember Sakakihara
Vice Mayor Wang
Absent Councilmember Singh
Mayor Dutra-Vernaci

3. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda
Vice Mayor Wang opened Oral Communications. Edward Dijeau spoke on Item 4.a. There being no further speakers, Vice Mayor Wang closed Oral Communications.

City Council/RSA Agenda 38 Tuesday, April 23, 2024
April 10, 2024 | 4:30 PM Page 2 of 2
City Council
Special Meeting Minutes

4. CITY MANAGER REPORTS

4.a. Providing Policy Direction On a Business License Tax Update As Potential Revenue Measure On The November 2024 Ballot
City Manager Joan Malloy delivered staff presentation to the Council. City Attorney Kristopher Kokotaylo, Deputy City Manager Jennifer Phan, Revenue Collection Manager Rahnni Le, Finance Specialist III Naomi Garcia, Operations Director Eric Myers from HdL Companies, and President Bryan Godbe from Godbe Research were also in attendance.

Staff and Mr. Myers responded to councilmember questions.

Motion: Provided concurrence on nine (9) business license categories as generally defined and set the tax rates to the following:

1. General/Retail – 0.00043;

2. Professional – 0.0025;

3. Contractors – 0.002;

4. Service – 0.002;

5. Rental – 0.00225;

6. Exempt – 0;

7. Industrial - Manufacturing/Wholesaling – 0.00045;

8. Industrial - Warehousing – 0.001; and

9. Mobile Home Parks – $45 per pad
In addition, reduce the minimum tax/flat rate by 10% with the proposed implementation date starting April 1, 2025, with a sixmonth grace period.

RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara, and Vice Mayor NOES: None
ABSENT: Councilmember Singh and Mayor Dutra-Vernaci

5. ADJOURNMENT
Vice Mayor Wang adjourned the meeting at 5:40 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 39 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY TO AMEND THE CITY'S RECORDS RETENTION
SCHEDULE IN COMPLIANCE WITH SENATE BILL 16
The adoption of Senate Bill 16 (SB 16), which amended Penal Code 832.5(b), necessitates an update to our current Records Retention Schedule, particularly regarding the retention of complaints against law enforcement officers under series code 12-01-10 (InternalAffairs). The statute mandates that law enforcement agencies must retain "sustained" complaints for a minimum of 15 years and complaints with a disposition other than "sustained" for a minimum of 5 years. This staff report proposes amendments to the City's Records Retention Schedule to ensure compliance with SB 16 and align with the legal requirements stipulated in Penal Code 832.5(b).

STRATEGIC PLAN ALIGNMENT
This amendment supports Goal B: Governance and Organizational Effectiveness, by enhancing compliance with state laws and improving our records management processes. It demonstrates the City's commitment to transparency, accountability, and responsible governance.

BACKGROUND
Senate Bill 16, approved on September 30, 2021, introduced changes to California law enforcement agencies' transparency and accountability standards, including new requirements for retaining and disclosing certain personnel records. The City's existing Records Retention Schedule, last revised for the Police Department on May 23, 2023, 2019, under Resolution No. 5516-19, currently stipulates a total retention period of 5 years for all complaints under series code 12-01-10 (Internal Affairs), irrespective of the complaint's disposition.

DISCUSSION
City Council/RSA Agenda 40 Tuesday, April 23, 2024
To comply with SB 16, the City must amend its Records Retention Schedule to differentiate between "sustained" and other complaints against law enforcement officers. This amendment will rectify the oversight and align our practices with state law requirements, effective January 1, 2022. The proposed changes include:
12-01-10 Internal Affairs: Amend the total retention period to 15 years for "sustained" complaints and maintain a 5-year retention period for complaints with a disposition other than "sustained".

FISCAL IMPACT
Adjusting the Records Retention Schedule may necessitate additional records management resources, including potential storage capacity increases and administrative oversight. However, these costs are essential to comply with state legislation.

RECOMMENDATION
Staff recommends that the City Council adopt the resolution to amend the City's Records Retention Schedule in compliance with Senate Bill 16, as outlined in this report.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A - Police Department Records Retention Schedule (Clean Copy)
Exhibit
Exhibit B- Police Department Records Retention Schedule (Redlined)
Exhibit
City Council/RSA Agenda 41 Tuesday, April 23, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AMENDMENTS TO THE

RECORDS RETENTION SCHEDULE FOR THE POLICE
DEPARTMENT IN COMPLIANCE WITH SENATE BILL 16
WHEREAS, on August 28, 2001, the City Council adopted Resolution No. 2006-01 authorizing the adoption of records retention schedules for the various City departments; and WHEREAS, on July 26, 2011, the City Council adopted Resolution No. 4192-11, approving a Records and Information Management (RIM) Program Policy for the City of Union City, and authorizing the City Manager, or designee, to oversee the management of the Records Management Program; and
WHEREAS, an element of the RIM Policy is the Records Retention Schedule ("Schedule"), which is a comprehensive inventory of the records under management by each City Department; and
WHEREAS, the City Council previously adopted Resolution No. 5516-19 authorizing the adoption of records retention schedules for the Police Department; and WHEREAS, the adoption of Senate Bill 16 requires updates to the Records Retention Schedule to ensure compliance with state law, particularly regarding the retention of complaints against law enforcement officers; and
WHEREAS, the City is committed to transparency, accountability, and alignment with state legislative changes to foster trust within the community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves amendments to the Records Retention Schedule for the Police Department as detailed in Exhibit A (clean version) and Exhibit B (red-lined version), ensuring compliance with Senate Bill 16 and Penal Code 832.5(b), and incorporated herein by reference.

City Council/RSA Agenda 42 Tuesday, April 23, 2024
Resolution No. XXXX-24
Records Retention Schedule Update in Compliance with Senate Bill 16

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 23rd day of April by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – Records Retention Schedule – Police (Clean)

2. Exhibit B – Records Retention Schedule – Police (Redlined) City Council/RSA Agenda 43 Tuesday, April 23, 2024
The City of Union City
Records Retention Schedules and UFIRST Index™

Page 1 of 21 ends

12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
12-01-00 Administration / Chief of Police Records
12-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-01-02 Tiburon Records Management System Includes Automated Reporting System and Records Management Systems, with PropRoom property management.

Admin EL IND IND Transitory Record: Maintain indefinitely or until data is transferred to a new tracking system.
12-01-03 Citation Log Book - Movers Issued to any officer by their supervisor. Currently maintained by Personnel & Training.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates. 12-01-04 Citation Log Book - Parkers Issued to any officer by their supervisor. Currently maintained by Personnel & Training.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates. 12-01-05 Administrative Citations Issued for code enforcement issues. Written by PD or Code Enforcement, then sent to third party processing service.

Admin PA AC+2 AC+2 GC 34090; 2 year minimum
State of California Guidelines; 2 years after correction/completion 12-01-06 Grants Applications and Programs Includes approved applications, submissions, submission reports, progress reports based on grant guidelines, invoices from grant purchases.

Admin MX AC+3 2* AC+5* GC 34090; 2 year minimum
24 CFR 84.85, 84.53; 3 years after last funding report is submitted.State of California Guidelines; 5 years after grant closure. State recommends referring to grant application close-out procedures, if any.* Refer to grant application close-out procedure for potential extensions in retention period. 12-01-07 Property Audits Performed by a division on the Property division. Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for property control documents and logs. 12-01-08 Policy Manual Lexipol Admin EL P P P GC 34090; 2 year minimum requirement State of California Guidelines; Permanent, no citation given. 12-01-09 Procedural Manuals Kept and maintained by individual units/divisions. Admin MX P P P GC 34090; 2 year minimum requirement State of California Guidelines; Permanent, no citation given. 12-01-10 Internal Affairs Includes complaints by citizens, comment and compliment forms, officer involved shootings, and copies of personnel files/information for both retired, separated and active employees.

Admin MX AC+2 3 AC+15*
AC+5
PC 832.5(b) Statutory minimum is 15 years for "sustained" complaints and 5 years for complaints with a disposition other than "sustained".EVC 1045; 5 years for conductPC 801.5; SOL of 4 years after eventPC 803(c); public officer, crime descriptionsVC 2547; SOL of 3 years for officer fraudGC 12946; 2 years after completion/position filled 12-01-11 Statistical Reporting Reports and data generated informally from Tiburon RMS and occasionally from outside sources, and distributed to requesting divisions/units or agencies. Used for special projects such as attorney requests, pending litigation and general division/unit requests.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual statistical reports. 12-01-12 Police Annual Reports Maintained by Cassie in COP. Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 44 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Admin EL IND IND Transitory Record: Maintain indefinitely or until data is transferred to a new tracking system.
12-01-14 Search Warrants Previously maintained separately from the associated case, currently a copy is maintained with case. Sealed search warrants booked into evidence. May contain confidential and/or informant information.

Admin C PA IND IND Retention period depends upon the associated case.
12-01-15 Vie Vu Recordings Daily routine recordings from lapel cameras. Admin EL CM+12 CM+12 GC 34090.6; 1 year. If a claim is filed or pending litigation, retain with the case file for 100 days after conclusion of court action. 12-01-16 Surveillance Recordings - Police/City
Facilities
Includes in-building and parking lot surveillance. Admin EL CM+13 CM+13 GC 34090.6; 1 year. If a claim is filed or pending litigation, retain with the case file for 100 days after conclusion of court action.State of California Guidelines; Current Month plus 13 months for surveillance recordings 12-01-17 Surveillance Recordings - Skate Park Maintained for litigation purposes. Follow general SOL.

Admin EL CM+13 CM+13 GC 34090.6; 1 year. If a claim is filed or pending litigation, retain with the case file for 100 days after conclusion of court action.State of California Guidelines; Current Month plus 13 months for surveillance recordings 12-01-18 Automated Vehicle Locator System - AVL Used to track police vehicles Admin EL IND IND Transitory Record: Maintain indefinitely or until data is transferred to a new tracking system.
12-01-19 UCR Reports - Copies Completed monthly for the DOJ. Uniform Crime Reporting.

Admin EL CY+10 CY+10 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly, and annual activity/statistical reports, including UCR reports.Administrative Policy: Maintain copies of UCR Reports for the Current Year plus 10 years for historical trending. 12-01-20 Equitable Sharing (Asset Seizure) Includes agreement and status report. Maintained by the Chief's secretary.

Admin PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Closure of the case plus 2 years. 12-01-21 Litigation Documents Admin PA AC+5 2 AC+7 GC 34090; 2 year minimum GC 911.2; 1 year after accrual of cause of actionCCP 337; Statute of limitations of 4 yearsPC 832.5; 5 years for safety officer complaintsState of California Guidelines; Closure plus 1 year, since final verdict is recorded at the courts.Administrative Policy: Recommended best practice of 7 years after closure/completion by the American Bar Association. 12-01-22 Pitchess Motions Admin EL CY+2 CY+2 GC 34090; 2 year minimum requirement 12-01-23 Subpoenas Duces Tecum Subpoenas for records or property. Admin PA CY+2 CY+2 GC 34090.7; Duplicate records may be destroyed within the 2 year minimum periodState of California Guidelines; Current year plus 2 years. Courts/County maintain the original record. 12-01-24 City Attorney Reports (Use of Force) Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for use of force files ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 45 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

Page 3 of 21 ends

12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Admin EL CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for incident history reports 12-01-26 CHP 187 For vehicle pursuits. Maintained by the Chief's secretary.

Admin PA CY+2 IND IND VC 17004.7; Maintain vehicle pursuit records, no retention.
12-01-27 Paid Overtime Signup Sheet Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for timekeeping records. 12-01-28 Watch Schedules Admin EL S+2 S+2 GC 34090; 2 year minimum requirement State of California Guidelines; After superseded stating GC 34090 12-01-29 Locker & Riot Locker Logs Includes combinations and assigned lockers Admin PA S+2 S+2 GC 34090; 2 year minimum requirement State of California Guidelines; After superseded
12-01-30 Emergency Contact Cards Separate from employee personnel files.

Accessed by supervisors when needed.

Admin C PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period
12-01-31 Supervisor's Evaluation Notes Notes and observations on performance related issues for the deployment period. Cycle is a complete 6 months plus the remaining current deployment period. Maintained by the Patrol Lieutenant. Related to training.

Admin PA AC+6M AC+6M GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period.Administrative Policy: Maintain for 6 months after completion to assist in the evaluation process. No need to retain beyond completion of the evaluation. 12-01-32 Administrative Staff Notes General status updates on current projects and items of interest.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum
Administrative Record, State of California Guidelines
12-01-33 Supervisor Staff Notes General status updates on current projects and items of interest. Pertains mainly to operational issues.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum
Administrative Record, State of California Guidelines
12-01-34 Written District Attorney's Request Information requested by the DA for audio recordings, evidence or copies of evidence. Fulfilled by Records and Communications or Property, depending upon information requested.

Admin PA AC+2 AC+2 GC 34090; 2 years minimum
State of California Guidelines; 2 years after completion 12-01-35 Holding Cell Logs Log of persons maintained in holding cells, including name, charges, time checks, and other information.

Admin PA CY+2 4 CY+6 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 6 years for jail logs 12-01-36 Holding Cell Health Inspections Annual inspection performed by the County. Admin PA CY+2 4 CY+6 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 6 years for inspection files 12-01-37 Monthly Cell Inspections Internal inspection of cells for repairs, maintenance and restocking.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for maintenance and operations records ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 46 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Admin C PA AT+2 8 AT+10 CCP 335.1; 2 years for action on injuries caused by neglect.29 CFR 1627.3 - 4; 3 years after termination29 CFR 1602.30 - 32; 2 - 3 years after termination29 CFR 516.5 - 6; 3 years after action29 USC 1113; 6 years after date of last actionGC 12946; 2 years after termination or actionState of California Guidelines; 5 years after terminationAdministrative Policy: Maintain for 10 years after the applicant leaves the program. 12-01-39 Community Service Event Log Community service activities, events attended, and who worked the event for Explorer Scout Program.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 1 year for case assignment logs. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 47 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Personnel C PA AC+3 * AC+3 * GC 12946; 2 years after completion/position filled GC 6250; Public Records Act, release of confidential information29 CFR 1602.14; 1 year after position filled29 CFR 1607; Maintain EEOC demographic information29 CFR 1627.3; 1 year after position filledState of California Guidelines; 3 years after completion/position filled.Administrative Policy: Maintain individual recruitment files for 3 years after disqualification, or 3 years after expiration of the associated eligibility list. 12-02-03 Personnel Records AT+5. Maintained by Administrative Secretary to the Chief of Police.

Personnel C PA AT+1 5 AT+6 29 CFR 1627.3 - 4; 3 years after termination 29 CFR 1602.30 - 32; 2 - 3 years after termination29 CFR 516.5 - 6; 3 years after action29 USC 1113; 6 years after date of last actionGC 12946; 2 years after termination or actionState of California Guidelines; 5 years after termination 12-02-04 Background Checks Hired personnel are maintained by the Adminstrative Secretary.Unsuccessful candidates maintained in Personnel for 5 years after completion of recruitment, then purged.

Personnel C PA AT+2
AC+3
P P
AC+3
GC 34090; 2 year minimumPC 832.5; 5 years for officer complaintsState of California Gudelines; Permanent for hired Safety Personnel; 2 years after position closes for Safety Personnel not hired.Administrative Policy: Maintain non-hired background checks for 3 years after position is filled to follow recruitment files. 12-02-05 SB90 Statistics Statistical information generated from Tiburon/RMS for the state. Reimbursements for responding to certain types of incidents.

Personnel PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for statistical reports 12-02-06 Alarm Permits Hardcopy maintained for 3 years, data entered into database.

Personnel PA AE+2 AE+2 GC 34090; 2 years minimum
State of California Guidelines; Current year plus 2 years for alarm records. 12-02-07 Promotional Testing Process Maintained by test session. Personnel PA AC+3 * AC+3 * GC 12946; 2 years after completion/position filled GC 6250; Public Records Act, release of confidential information29 CFR 1602.14; 1 year after position filled29 CFR 1607; Maintain EEOC demographic information29 CFR 1627.3; 1 year after position filledState of California Guidelines; 3 years after completion/position filled.Administrative Policy: Maintain individual recruitment files for 3 years after disqualification, or 3 years after expiration of the associated eligibility list. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 48 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

Page 6 of 21 ends

12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Qualification may occur in City or at outside locations. Includes renewal notification and copies of the current policy which are sent to the applicant. Maintained indefinitely for trending.Denied permit applications Personnel PA AE+2
CY+2
AE+2
CY+2
GC 34090; 2 year minimum requirementPC 12071, Maintain recordsPC 12078, Maintain recordsState Recommendation, 2 years after the license expires. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 49 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

Page 7 of 21 ends

12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Training EL IND IND Transitory Record: Maintain indefinitely or until data is transferred to a new tracking system.
12-03-03 CRU Operations/Training - SWAT Scanned into TMS. Paper destroyed after scanning.

Training PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period.Administrative Policy: Destroy paper after scanning and quality check of the image. 12-03-07 Crisis Intervention Training (CIT) Includes intervention training for mentally unstable individuals. Scanned into TMS. Paper destroyed after scanning.

Training PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period.Administrative Policy: Destroy paper after scanning and quality check of the image. 12-03-08 Defensive Tactices Includes impact weapons Training MX AC+2 13 AC+15 GC 34090; 2 year minimum requirement State of California Guidelines; 15 years after completion for range lesson plans. No citation given. 12-03-09 Weapons Program Includes range lesson plans, firearms safety plan, weapon maintenance, after action reviews, firearm training manuals, simulation training, range master and safety officer for firearms and less-lethal weapons. Qualifications combined with the training session.

Training MX AC+2 13 AC+15 GC 34090; 2 year minimum requirement State of California Guidelines; 15 years after completion for range lesson plans. No citation given. 12-03-10 K-9 Records Includes monthly training records, veterinary records and care and maintenance records.

Training MX AT+2 5 AT+7 GC 34090; 2 year minimum requirement GC 6250; PRA, confidential record statusState of California Guidelines; 7 years after termination, no specific citation given. 12-03-11 Emergency Vehicle Operations Includes yearly update on pursuit policy. Training MX P P P GC 34090; 2 year minimum requirement State of California Guidelines; Permanent, no citation given. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 50 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Training EL AC+2 13 AC+15 GC 34090; 2 year minimum requirement State of California Guidelines; 15 years after completion for range lesson plans. No citation given. 12-03-13 POST Training Reimbursement Forms Reimbursements from POST for outside training.

Finance only gets the check from POST, not the form.

Training PA CY+4 CY+4 GC 34090; 2 year minimum requirement CCP 337; Statute of limitations of 4 years State of California Guidelines; 4 years after auditAdministrative Policy: Maintain for the same retention period as Accounts Receivable under Finance/ASD. 12-03-14 Personnel Training Records Individual records by employee. Includes certificates, program attendance, equipment, diploma copies, oaths of office, duty assignments, CLETS Full / Less-than-full Operator Exams and POST records.

Training PA AT+2 AT+2 GC 34090; 2 year minimum requirement 29 CFR 1627.3(b); 1 year for training recordsGC 12946; 2 years after terminationGC 6250; PRA, confidential record statusState of California Guidelines; 2 years after termination for certificates and designations training. 12-03-15 Instructor Resumes Also maintained with POST, but created in PD. Training MX AT+2 AT+2 GC 34090; 2 year minimum requirement State of California Guidelines; maintain information on speakers for the current year plus 2 years. 12-03-16 Department Master Training Plan Until superseded. Suggestion for annual review. Training MX S+2 S+2 GC 34090; 2 year minimum requirement12-03-17 Training Bulletins Notification of new training procedures or matters.

Maintain indefinitely.

Training MX CY+2 P P GC 34090; 2 year minimum requirement State of California Guidelines; Permanent, no citation given. 12-03-18 Respiratory Protection Program Includes yearly fit testing and medical examinations.

Training MX CY+3 CY+3 CCP 340.5; Statute of limitations of 3 years after incident8 CCR 3203; IIPP program, 1 year for corrective action and training recordsState of California Guidelines; Current year plus 2 years for equipment maintenance 12-03-19 Field, Civilian & Public Service Officer
Training Programs - FTO/CTO/PSO
Filed by employee. Includes daily observation reports, schedules and supporting documents, orientation and other initial training records.

Training PA AT+2 5 AT+7 GC 34090; 2 year minimum requirement GC 6250; PRA, confidential record statusState of California Guidelines; 7 years after termination, no specific citation given. 2 years after termination for certificates and designations training. 12-03-20 Skills & Knowledge Module Files Individual lesson plans for courses. Pre-electronic era records no longer created and used. Records still maintained in storage.

Training PA AC+2 13 AC+15 GC 34090; 2 year minimum requirement State of California Guidelines; 15 years after completion for range lesson plans. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 51 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

Page 9 of 21 ends

12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-04-00 COPPS Records12-04-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-04-02 Tobacco Grant County funded program for tobacco stings. COPPS PA AFP+2 3 AFP+5 GC 34090; 2 year minimum 24 CFR 84.85, 84.53; 3 years after last funding report is submitted.State of California Guidelines; 5 years after grant closure. State recommends referring to grant application close-out procedures, if any.* Refer to grant application close-out procedure for potential extensions in retention period. 12-04-03 Second Hand Dealer Licenses COPPS PA AE+2 AE+2 GC 34090; 2 years minimum State of California Guidelines; Current year plus 2 years for Secondhand Dealers and Pawn Brokers. 12-04-04 ABC Applications Processed at ABC and the City is notified. COPPS PA AE+2 AE+2 GC 34090; 2 years minimum State of California Guidelines; Life of the license plus 2 years. 12-04-05 YFS Referrals Form used to recommend individuals to YFS. COPPS PA CY+2 CY+2 GC 34090; 2 years minimum12-04-06 COPPS Projects Log Log used to track and trend ongoing problems and resolutions to problems. May come from any officer. Includes Community Health Action Team (CHAT) inspections.

COPPS PA AC+2 AC+2 GC 34090; 2 year minimum
State of California Guidelines; 2 years after correction/completion for code enforcement 12-04-07 COPPS Projects Filed sequentially by assigned number. COPPS PA AC+2 AC+2 GC 34090; 2 year minimum State of California Guidelines; 2 years after correction/completion for code enforcement 12-04-08 Property Business Improvement District
Program
Businesses within the district will fund officers. Statistical reports are generated and maintained.

COPPS PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for statistical reports 12-04-09 Law Enforcement Grants Grants offered through outside companies and applied for by PD.

COPPS MX AFP+2 3 AFP+5 GC 34090; 2 year minimum
24 CFR 84.85, 84.53; 3 years after last funding report is submitted.State of California Guidelines; 5 years after grant closure. State recommends referring to grant application close-out procedures, if any.* Refer to grant application close-out procedure for potential extensions in retention period. 12-04-10 Firearm Qualification Log Binder contains a record of each qualification and results. Should be maintained by Personnel & Training.

P&T PA CY+2 CY+2 GC 34090; 2 year minimum requirement
29 CFR 1627.3(b); 1 year for training programs
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 52 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

COPPS PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual statistical reports, and for citizen patrol requests. 2 years after completion or closure for research project files. 12-04-12 Abatement Letters Used to notify landlords of criminal activities and prompt action.

COPPS MX AC+2 AC+2 GC 34090; 2 year minimum
State of California Guidelines; 2 years after correction/completion for code enforcement 12-04-13 Ride-along Program Applications for program. COPPS PA CY+2 CY+2 GC 34090; 2 years minimum ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 53 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Traffic EL IND IND Transitory Record: Maintain indefinitely or until data is transferred to a new tracking system.
12-05-03 Parking Ticket Appeals Hardcopy of documents submitted by responsible violator maintained in Traffic. Appeal also tracked on DataTicket website.

Traffic PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates. 12-05-04 Abandoned Vehicle Warning Notices If vehicle is moved, notice is disregarded. If vehicle is towed, notices is maintained with the case in Records.

Traffic PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after correction/completion. 12-05-05 Collisions Includes tow sheets, driver evaluations, lab requests, medical records requests; All documents go to Records as part of the case file.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum retention period
12-05-06 Traffic Complaints Trickle down from Administration. General traffic related e-mails and other complaints and requests.

Traffic MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after correction/completion.Administrative Policy: Maintain traffic complaints for 2 years after receipt. 12-05-07 Towing Service Provider Includes general information and correspondence with tow contract provider.

Traffic PA CY+2 CY+2 GC 34090; 2 year minimum requirement 12-05-08 Vehicle Check Points Includes an after action plan on vehicle check points. 1 file kept per check point.

Traffic PA CY+2 CY+2 GC 34090; 2 year minimum requirement 12-05-09 Equipment Calibrations Includes radar, lidar, preliminary alcohol screening device calibrations.

Traffic PA AT+2 AT+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after termination for radar calibration records ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 54 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

AdultsJuvenile
Invest PA
L+2
* Varies
L+2
* Varies
GC 34090; 2 years minimum* PC 290; definitions and referencesW&IC 781; 5 years after record sealed or when juvenile reaches 38 years. Permanent if tried as an adult.State of California Guidelines; Life of registrant within jurisdiction for arson, sex and narcotics. 12-06-04 290 PC Registration Log Excel file listing offender, birth day, last registration event and other remarks and/or compliance issues.

Invest PA IND IND Transitory Record: Maintain indefinitely or until data is transferred to a new tracking system.
12-06-05 11590 H&S Registration For drug registrants. Invest PA L+2 L+2 GC 34090; 2 years minimum H&S 11594; 5 years after termination of parole or probationPC 186.32; 5 years after last registration requirementState of California Guidelines; Life of registrant within jurisdiction for arson, sex and narcotics. 12-06-06 Arson Registration Arson - Adults
Arson - Juveniles
Invest PA L+2
* Varies
L+2
* Varies
GC 34090; 2 years minimumH&S 11594; 5 years after termination of parole or probationPC 186.32; 5 years after last registration requirement* PC 457; Arson registration for juveniles, 25 years of age or when records are sealed per W&IC 781State of California Guidelines; Life of registrant within jurisdiction for arson, sex and narcotics. 12-06-07 Pawn Slips Invest PA CY+2 CY+2 GC 34090; 2 years minimum State of California Guidelines; Current year plus 2 years for Secondhand Dealers and Pawn Brokers. 12-06-08 Intelligence Reports/Graphs/Statistics May include a snapshot of information from Tiburon relating to a person, property or incident.

Invest MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual activity reports. 12-06-09 Photographs Miscellaneous photograhs. Invest MX CY+2, AR CY+2, AR GC 34090; 2 year minimum requirement Administrative Policy: Periodically review photographs for relevance to current cases or events. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 55 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Records PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for property control logs recording items coming into and going out of property rooms. 12-07-03 Case Disposition Reports Copy of original, which is maintained by Records. Records PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum retention period
12-07-04 Criminal Case Disposition Reports
(CORPUS)
Provide by Alameda County bi-weekly designating disposition of court cases. Original sent to Records.

Records PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for case tracking records 12-07-05 Property Disposition Memorandum Generated by Property to go to case investigation asking for permission to dispose of evidence. Official record maintained in Records. Created by Property or by Investigations, approved by Investigations, then returned to Property.

Records PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum retention period
12-07-06 Weapons Destruction Log Includes court order to destroy. Created by Property, sent to Investigations for approval, then returned to Property.

Property PA P P P GC 34090; 2 year minimum requirement
State of California Guidelines; Permanent for gun destruction. No citation given. 12-07-07 Drug Destruction Log Includes court order to destroy. Created by Property, sent to Investigations for approval, then returned to Property.

Property PA P P P GC 34090; 2 year minimum requirement
State of California Guidelines; Permanent for gun destruction. No citation given. 12-07-08 Deposit Receipts For disposition of found or unclaimed monies, or distributions per court order. Copy from ASD maintained with the case record.

ASD PA AC+2 AC+2 GC 34090; 2 year minimum requirement
12-07-09 Bicycle Requisition Forms Releases possession of bicycles to the City's Teen Workshop for repairs and resale. Electronic version maintained within Tiburon, but does not show release/acceptance signatures Property PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for property control logs recording items coming into and going out of property rooms. 12-07-10 Auction Reports Lists sent to the auction house for sale. Property PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after financial audit for surplus property auctions including listings of property. 12-07-11 Asset Seizure Form For monies seized over a certain amount.

Requested from a major crimes task force, and ultimately sent to Records with the case file.

Records PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum retention period
12-07-12 Property Inventory Reports Property PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for property control logs recording items coming into and going out of property rooms. 12-07-13 General Statistical Reports Requests for information on incoming items processed, disposed of, and/or purged.

Property MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual statistical reports. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 56 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

California Public Records Act to be consulted.
12-08-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-08-02 187 - Murders Records C *** MX P P P PC 187; Definitions PC 799; No statutes of limitations on actions Indefinite retention is recommended by DOJ and CA Law Enforcement Officers Assoc. 12-08-03 Officer Involved Cases Includes shootings Records C *** MX AC+5 20 AC+25 EVC 1045; Public access to information on Internal Affairs cases. 5 year access limit.GC 12946; Personnel records, 2 years after termination.PC 801.5, 803(c), PC 832.5; 5 years after case closure, confidential document not for public exposure. VC 2542 & 2547; Officer fraud or misrepresentation. 3 years after act or omission.State Recommendation; Closure of case plus 25 years.DOJ regulates, if not involving felonies, the report can be destroyed after 3 years, provided that accounting of incident has been placed with the case file. 12-08-04 Child Molestation Records C *** MX AC+5 5 AC+10 PC 11169; Maintain PC 11170; 10 years from date of reporting , DOJ RecommendationPC 288, 647; Definitions 12-08-05 Drug / Sex Crime Registration Sex offenders - Adult Sex offenders - Juvenile
Records C *** MX LOR+2
* Varies
LOR+2
* Varies
GC 34090; 2 years minimum* PC 290; definitions and referencesW&IC 781; 5 years after record sealed or when juvenile reaches 38 years. Permanent if tried as an adult.State of California Guidelines; Life of registrant within jurisdiction for arson, sex and narcotics. 12-08-06 City Employee Cases Records C *** MX AC+2 5 AC+7 GC 34090, 2 year minimum requirement 29 CFR 1904; OSHA reports, maintain29 CFR 1904.33; OSHA reports maintained for the current year plus 5 years.State of California Guidelines; 7 years after closure 12-08-07 Sex Crimes Records C *** MX AC+5 P P PC 261; Definitions PC 220; Definitions & punishmentsPC 286; Definitions & punishmentsPC 289; Definitions & punishmentsW&I 781; Juvenile records, when offender reaches age 38, or 5 years after records are sealed.Department of Justice recommends 25 years.Administrative Policy: Based on registration requirements, maintain sex crime cases Permanently for adult offenders. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 57 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Records C *** MX AC+5 5 AC+10 GC 34090; 2 year minimum requirement Administrative Policy: Retain weapon crime information for 10 years to track potentially violent individuals. 12-08-09 Crimes with Death Records C ***, V, H MX P P P PC 799; No statutes of limitations on actions Indefinite retention is recommended by DOJ and CA Law Enforcement Officers Assoc. State of California Guidelines; Permanent 12-08-10 Child Abuse Records C ***, V MX AC+10 AC+10 PC 11169; Maintain PC 11170; 10 years from date of reporting , DOJ RecommendationPC 288, 647; Definitions 12-08-11 Missing Persons Records C *** MX AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for non-criminal occurrences, including missing persons where person has been returned/found.DOJ recommends permanent for unsolved missing persons. 12-08-12 Unattended Death / Suicide Suspicious
No suspicious circumstances
Records C ***, V, H
C ***, V
MX P
AC+2
P P
AC+2
PC 799; No statutes of limitations on actions Indefinite retention is recommended by DOJ and CA Law Enforcement Officers Assoc. State of California Guidelines; PermanentGC 34090; 2 year minimum requirement 12-08-13 Traffic Reports Involving injury, non-fatal and/or misdemeanor violations.Collisions involving fatalities
Records C ***, V
C ***, V, H
MX CY+3
PP
CY+3
P
GC 34090; 2 year minimum requirementCA Law Enforcement Warrant Officers Association recommends keeping for an additional 3 years, and permanently for collisions involving fatalities. 12-08-14 Robberies / Burglary Records C *** MX AC+3 AC+3 GC 34090, 2 year minimum requirement CCP 338 et al.; up to 3 years after commission of offense or after realization of offense.State Recommendation; Closure of case plus 3 years. 12-08-15 Stolen Vehicles Records C *** MX AC+10 AC+10 GC 34090; 2 year minimum requirement CA Law Enforcement Warrant Officers Association recommends keeping for 10 years. 12-08-16 Misdemeanors / Petty Theft Records C *** MX AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for misdemeanors/infractions with no arrests, identifiable property or missing persons. 12-08-17 Marijuana Related Crimes Records C *** MX AC+2 * AC+2 * HS 11361.5, 11357 B, C, D, or E; 2 years after case closure, * or until offender reaches the age of 18 years provided there are no active warrants associated with the case. Destroy Juvenile marijuana cases after age 18.Combined cases may be retained for the longest applicable retention period. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 58 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-08-18 Record Sealings Adults
Juveniles
Records C *** MX AC+3 *
AC+5 **
AC+3 *
AC+5 **
PC 851.8(a); Factually innocent records, 3 years after arrest, * with district attorney approval.Date of court ordered destructionW&IC 781; 5 years after sealed by court order for atrisk youth; ** W&IC 781; When juvenile reaches the age of 38 for murder and/or sex crimes occuring before the child is 14 years of age** W&IC 781; For murder and/or sex crimes occuring on or after the child reaches age 14, DO NOT DESTROY. 12-08-19 Animal Bite Reports Records C *** MX AC+3 AC+3 F&AC 32003(e); 3 years after animal disposition PC 597.1(d); 3 years after animal dispositionGC 34090; 2 year minimum requirementNOTE: Animal Disposition includes death of the animal, euthanasia or release of the animal back to the owner or caretaker. 12-08-20 Criminal Protective Order Received from the protected person and maintained in a new or existing case file.

Records C *** MX AE AE GC 34090; 2 year minimum requirement GC 68152; Duration of the restraining or other order and renewals, then retain orders as a judgement.State of California Guidelines; Destroy after law enforcement actions described in Penal Codes 273.5, 273.6, 646.9, 12028.5, 13700 and Family Codes 6380 - 6383 are fulfilled and effective date of restraining order has expired. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 59 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Records MX AC+5 AC+5 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after completion for field interview cards.Administrative Policy: Maintain field interview cards for 5 years after completion to support the Alameda County District Attorney's Office. 12-09-03 Field Interview Cards - FCON Cards, Gang
Related
Gang identification information is sent offsite to gang task force. DA likes physical card for gang related evidence.

Gang Task
Force JPA
MX AC+2 AC+2 GC 34090; 2 year minimum requirement
State of California Guidelines; 2 years after completion for field interview cards. 12-09-04 Citations - Movers Paper copy kept in Records; one copy goes to the courts.

Records MX CY+5 CY+5 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates.Administrative Policy: Maintain citations copies for the current year plus 5 years for historical purposes. 12-09-05 Citations - Parkers Paper copy kept in the City and copy sent to DataTicket for processing.

Records MX CY+5 CY+5 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates.Administrative Policy: Maintain citations copies for the current year plus 5 years for historical purposes. 12-09-06 Citations - Misdemeanor Cases Most are filed with the case, except for City Municipal Code violations which go to Code Enforcement or to court. Entered into Tiburon.

Records MX AC+5 AC+5 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for misdemeanors/infractions with no arrests, identifiable property or missing persons.Administrative Policy: Maintain citations copies for 5 years after closure for historical purposes. 12-09-07 Officer Subpoenas Maintained in a binder while active. Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum requirement.
12-09-08 Subpoena Log Log maintained from 2009. Paper maintained until date occurs.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for subpoena logs 12-09-09 NCIC Audits National Crime Information Computer. DOJ requires reporting monthly for stolen vehicles/license plates, stolen weapons, warrants, missing persons and restraining orders. Inhouse audit performed and results faxed to DOJ.

Records MX AA+2 AA+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly, and annual activity/statistical reports. 12-09-10 Inhouse Media Logs Daily printing of crimes, from Tiburon, for outside media sources or the public to review. Maintained with the Arrest Logs.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period
12-09-11 Arrest Logs Daily printing of arrests, from Tiburon, for outside media sources or the public to review. Maintained with the Inhouse Media Logs. Juvenile information redacted.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period
12-09-12 Corovan Receipts Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 60 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Individual files on guns.

Records MX AC+2 AC+2 GC 34090; 2 year minimum requirement PC 33875; 180 days after firearm found and owner notifiedAdministrative Policy: Maintain for 2 years after the weapon is found. 12-09-14 Visitor Logs Logs of contractors and other visitors to the Station.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement 12-09-15 Citation Logs Logs of citations paid at the Station. Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates.Administrative Policy: Maintain logs for Current Year plus 2 years to support the citations. 12-09-16 Cashier Logs Balance of cash received at the counter. Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for accounting and cash reconciliation 12-09-17 Court Logs Listing of court packets sent directly to the courts. Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement12-09-18 Teletype Logs Log of any communication sent via teletype to a requesting agency.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement 12-09-19 Case Audit Log Daily log of case numbers issued. Inhouse reference check for cases.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 1 year for case assignment logs. 12-09-20 Online Crime Reporting Reports created online by the public for lost items or other misdemeanor crimes with no suspects.

Records MX AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for misdemeanors/infractions with no arrests, identifiable property or missing persons. 12-09-21 Redacted Traffic Reports Redacted reports scanned to TrafficReports.com for public purchase. Includes all traffic reports. Transitory record since it's a copy of the original for public request needs.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period
12-09-22 911 Logs Hardcopy log created from dispatch and AT&T for 911 data.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum periodAdministrative Policy: Maintained for 2 days after printing. Information available from telephone service provider. 12-09-23 Audio Recordings - Routine Includes telephone and radio communications. If crime related, the District Attorney must request audio within 100 days of the date. The City Attorney will inform the PD about pending litigation, and will approve destruction of recordings on a monthly basis.

Records MX 2Y 2Y GC 34090.6; 100 days. If a claim is filed or pending litigation, retain with the case file.State of California Guidelines; 180 days for audio, telephone and radio communication tapes, with exceptions of recordings pertaining to GC 34090.6Administrative Policy: Maintain audio recordings for 2 years at the request of the Alameda County District Attorney's Office. 12-09-24 Audio Recordings - Litigation/Case Related Includes telephone and radio communications.

Recordings determined by the City Attorney for litigation or the District Attorney for crime prosecution.

Records MX AC * AC * GC 34090.6; 100 days. If a claim is filed or pending litigation, retain until pending litigation is resolved and * destroy with consent of the City Attorney.State of California Guidelines; 180 days for audio, telephone and radio communication tapes, with exceptions of recordings pertaining to GC 34090.6 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 61 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Records MX 1Y+1 day 1Y+1 day GC 34090.6; 100 days. If a claim is filed or pending litigation, retain with the case file.State of California Guidelines; 180 days for audio, telephone and radio communication tapes, with exceptions of recordings pertaining to GC 34090.6Administrative Policy: Maintain audio recordings for 1 year and 1 day to support current cases. 12-09-26 Local Records Checks Citizen requests their own personal information for completing student/work visas or for adoption applications.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement 12-09-27 Criminal Background Checks Third party requests from outside agencies.

Includes a waiver for release of personal information.

Records MX CY+3 CY+3 GC 34090; 2 year minimum requirement CCP 340; 1 year statute of limitations11 CCR 707(c); 3 years after release of record 12-09-28 Medical Screening Forms Used to evaluate prisoner's medical status prior to incarceration. Information is not confidential since it is used for classification and for making custody personnel aware of conditions of the prisoner.

Records MX AC+2 * 5 * AC+7 * H&S 123145; * Under 18 - 1 year after 18th birthday or 7 years, whichever is longer. Over 18 - 7 years after discharge.15 CCR 1205; Maintain separately from inmate files, no retention listed15 CCR 1207; Maintain, no retention listedCalifornia "Minimum Guidelines for Local Detention Facilities" state "There is no Title 15 regulation related to records retention" for these records. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 62 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Traffic PA LOV+2 LOV+2 GC 34090; 2 year minimum requirement CCP 338; 3 years for actionCCP 340.5; 3 years for action8 CCR 3203; IIPP equipment inspections, 1 yearState of California Guidelines state life of the vehicle plus 2 years for fuel, maintenance and repair records of vehicles. State does not reference any citations. 2 years after termination for communication equipment. 12-10-03 DMV Registration Maintained separately from vehicle maintenance files, by year.

Traffic PA LOV 3 LOV+3 GC 34090; 2 year minimum requirement CCP 338; 3 years for actionCCP 340.5; 3 years for actionState of California Guidelines state life of the vehicle plus 2 years for fuel, maintenance and repair records of vehicles. State does not reference any citations. 12-10-04 Speedometer Calibration Records Traffic PA AT+2 AT+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after termination for radar calibration recordsAdministrative Policy: Follow retention guidelines for radar calibration for all equipment calibrations 12-10-05 Minor Vehicle Damage Log Book Maintained in the Watch Commander's office. For damage that does not require immediate repairs.

Traffic PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current Year plus 2 years for maintenance and repairs 12-10-06 Surveilance Van Vehicle Log Maintained in the Watch Commander's office. Traffic PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years plus the current year for daily activity logs. 12-10-07 Vehicle Maintenance Record Includes Vehicle Accountability Reports, County Repair Sheets, city repair sheets, private vendor repair sheets and general maintenance records for vehicles.

Traffic PA LOV 3 LOV+3 GC 34090; 2 year minimum requirement CCP 338; 3 years for actionCCP 340.5; 3 years for action8 CCR 3203; IIPP equipment inspections, 1 yearState of California Guidelines state life of the vehicle plus 2 years for fuel, maintenance and repair records of vehicles. State does not reference any citations. 12-10-08 Asset Tracking Tags/Logs Metal tags assigned to equipment and recorded in a tracking log.

Property PA P P P GC 34090; 2 year minimum requirement
State of California Guidelines; Current year plus 2 years for equipment logs and inventories.Administrative Policy: Maintain permanently due to creation and maintenance of the log. 12-10-09 Monthly Mileage Log Compilation of mileage for each vehicle in service.

Traffic PA CY+2 5 CY+7 GC 34090; 2 year minimum requirement CCP 338(k); SOL of 3 years for action, air qualityState of California Guidelines; 7 years plus the current year for total daily mileage surveys and logs, referencing CCP 338. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 63 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised April 23, 2024; Reso No. XXXX-24 Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-11-00 Animal Control Records12-11-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-11-02 Notice of Violation Warnings AC PA AC+3 AC+3 GC 34090; 2 year minimum requirement PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-03 Monthly County Rabies Report Copies of submissions to county vector control AC PA CY+3 CY+3 GC 34090; 2 year minimum requirement PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-04 Impounded Animal Master Sheet Receipt used occassionally for impounded animals after hours or release of an animal in the field.

AC PA AC+3 AC+3 GC 34090; 2 year minimum requirement
PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-05 Vicious Dog Incidents Copies of case files for Animal Control. The hearings are handled by the Assistant City Clerk. Original case maintained by Police Records.

Assist CM PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum retention period
12-11-06 Vaccination Certificates Forwarded by vets and/or City of Fremont Animal Shelter. Copy maintained by Animal Control, original not maintained by Fremont.

AC PA CY+3 CY+3 GC 34090; 2 year minimum requirement
PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-07 Animal Bite Reports Copies of case files for Animal Control. Original case maintained by Police Records, and a copy is sent to County Vector Control.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum retention period
12-11-08 Animal Bite Reports Rolling Log Lists case number for animal bite reports. No requirement to maintain this log.

AC PA CY+3 CY+3 GC 34090; 2 year minimum requirement
PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-09 Owner Surrenders Surrender profile of owner surrenders. May be either an original or a copy from Fremont.

AC PA AC+3 AC+3 GC 34090; 2 year minimum requirement
PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-10 Kennel Cards Copies of cards for when animals are received.

Used as a reference for owners searching for their animals.

AC PA AC+3 AC+3 GC 34090; 2 year minimum requirement
PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 64 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
12-01-00 Administration / Chief of Police Records
12-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-01-02 Tiburon Records Management System Includes Automated Reporting System and Records Management Systems, with PropRoom property management.

Admin MX AC+2 3 AC+15*
AC+5
PC 832.5(b) Statutory minimum is 5 years.

Statutory minimum is 15 years for "sustained" complaints and 5 years for complaints with a disposition other than "sustained".EVC 1045; 5 years for conductPC 801.5; SOL of 4 years after eventPC 803(c); public officer, crime descriptionsVC 2547; SOL of 3 years for officer fraudGC 12946; 2 years after completion/position filled 12-01-11 Statistical Reporting Reports and data generated informally from Tiburon RMS and occasionally from outside sources, and distributed to requesting divisions/units or agencies. Used for special projects such as attorney requests, pending litigation and general division/unit requests.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual statistical reports. 12-01-12 Police Annual Reports Maintained by Cassie in COP. Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 65 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
Legend:

Admin PA AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Closure of the case plus 2 years. 12-01-21 Litigation Documents Admin PA AC+5 2 AC+7 GC 34090; 2 year minimum GC 911.2; 1 year after accrual of cause of actionCCP 337; Statute of limitations of 4 yearsPC 832.5; 5 years for safety officer complaintsState of California Guidelines; Closure plus 1 year, since final verdict is recorded at the courts.Administrative Policy: Recommended best practice of 7 years after closure/completion by the American Bar Association. 12-01-22 Pitchess Motions Admin EL CY+2 CY+2 GC 34090; 2 year minimum requirement12-01-23 Subpoenas Duces Tecum Subpoenas for records or property. Admin PA CY+2 CY+2 GC 34090.7; Duplicate records may be destroyed within the 2 year minimum periodState of California Guidelines; Current year plus 2 years. Courts/County maintain the original record. 12-01-24 City Attorney Reports (Use of Force) Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for use of force files ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 66 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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Legend:

Accessed by supervisors when needed.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum
Administrative Record, State of California
Guidelines
12-01-33 Supervisor Staff Notes General status updates on current projects and items of interest. Pertains mainly to operational issues.

Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for maintenance and operations records ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 67 Tuesday, April 23, 2024 The City of Union City
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Admin PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 1 year for case assignment logs. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 68 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
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Personnel PA AE+2 AE+2 GC 34090; 2 years minimum
State of California Guidelines; Current year plus 2 years for alarm records. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 69 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
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Qualification may occur in City or at outside locations. Includes renewal notification and copies of the current policy which are sent to the applicant. Maintained indefinitely for trending.Denied permit applications Personnel PA AE+2
CY+2
AE+2
CY+2
GC 34090; 2 year minimum requirementPC 12071, Maintain recordsPC 12078, Maintain recordsState Recommendation, 2 years after the license expires. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 70 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
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Training PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period.Administrative Policy: Destroy paper after scanning and quality check of the image. 12-03-07 Crisis Intervention Training (CIT) Includes intervention training for mentally unstable individuals. Scanned into TMS. Paper destroyed after scanning.

Training PA ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period.Administrative Policy: Destroy paper after scanning and quality check of the image. 12-03-08 Defensive Tactices Includes impact weapons Training MX AC+2 13 AC+15 GC 34090; 2 year minimum requirement State of California Guidelines; 15 years after completion for range lesson plans. No citation given. 12-03-09 Weapons Program Includes range lesson plans, firearms safety plan, weapon maintenance, after action reviews, firearm training manuals, simulation training, range master and safety officer for firearms and less-lethal weapons. Qualifications combined with the training session.

Training MX AT+2 5 AT+7 GC 34090; 2 year minimum requirement GC 6250; PRA, confidential record statusState of California Guidelines; 7 years after termination, no specific citation given. 12-03-11 Emergency Vehicle Operations Includes yearly update on pursuit policy. Training MX P P P GC 34090; 2 year minimum requirement State of California Guidelines; Permanent, no citation given. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 71 Tuesday, April 23, 2024 The City of Union City
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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
Legend:

Finance only gets the check from POST, not the form.

Maintain indefinitely.

Training PA AC+2 13 AC+15 GC 34090; 2 year minimum requirement State of California Guidelines; 15 years after completion for range lesson plans. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 72 Tuesday, April 23, 2024 The City of Union City
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Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-04-00 COPPS Records12-04-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-04-02 Tobacco Grant County funded program for tobacco stings. COPPS PA AFP+2 3 AFP+5 GC 34090; 2 year minimum 24 CFR 84.85, 84.53; 3 years after last funding report is submitted.State of California Guidelines; 5 years after grant closure. State recommends referring to grant application close-out procedures, if any.* Refer to grant application close-out procedure for potential extensions in retention period. 12-04-03 Second Hand Dealer Licenses COPPS PA AE+2 AE+2 GC 34090; 2 years minimum State of California Guidelines; Current year plus 2 years for Secondhand Dealers and Pawn Brokers. 12-04-04 ABC Applications Processed at ABC and the City is notified. COPPS PA AE+2 AE+2 GC 34090; 2 years minimum State of California Guidelines; Life of the license plus 2 years. 12-04-05 YFS Referrals Form used to recommend individuals to YFS. COPPS PA CY+2 CY+2 GC 34090; 2 years minimum12-04-06 COPPS Projects Log Log used to track and trend ongoing problems and resolutions to problems. May come from any officer. Includes Community Health Action Team (CHAT) inspections.

P&T PA CY+2 CY+2 GC 34090; 2 year minimum requirement
29 CFR 1627.3(b); 1 year for training programs
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 73 Tuesday, April 23, 2024 The City of Union City
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COPPS MX AC+2 AC+2 GC 34090; 2 year minimum
State of California Guidelines; 2 years after correction/completion for code enforcement 12-04-13 Ride-along Program Applications for program. COPPS PA CY+2 CY+2 GC 34090; 2 years minimum ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 74 Tuesday, April 23, 2024 The City of Union City
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Traffic PA CY+2 CY+2 GC 34090; 2 year minimum requirement 12-05-08 Vehicle Check Points Includes an after action plan on vehicle check points. 1 file kept per check point.

Traffic PA CY+2 CY+2 GC 34090; 2 year minimum requirement 12-05-09 Equipment Calibrations Includes radar, lidar, preliminary alcohol screening device calibrations.

Traffic PA AT+2 AT+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after termination for radar calibration records ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 75 Tuesday, April 23, 2024 The City of Union City
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Invest MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual activity reports. 12-06-09 Photographs Miscellaneous photograhs. Invest MX CY+2, AR CY+2, AR GC 34090; 2 year minimum requirement Administrative Policy: Periodically review photographs for relevance to current cases or events. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 76 Tuesday, April 23, 2024 The City of Union City
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Requested from a major crimes task force, and ultimately sent to Records with the case file.

Property MX CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for weekly, monthly, quarterly and annual statistical reports. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 77 Tuesday, April 23, 2024 The City of Union City
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Legend:

California Public Records Act to be consulted.
12-08-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-08-02 187 - Murders Records C *** MX P P P PC 187; Definitions PC 799; No statutes of limitations on actions Indefinite retention is recommended by DOJ and CA Law Enforcement Officers Assoc. 12-08-03 Officer Involved Cases Includes shootings Records C *** MX AC+5 20 AC+25 EVC 1045; Public access to information on Internal Affairs cases. 5 year access limit.GC 12946; Personnel records, 2 years after termination.PC 801.5, 803(c), PC 832.5; 5 years after case closure, confidential document not for public exposure. VC 2542 & 2547; Officer fraud or misrepresentation. 3 years after act or omission.State Recommendation; Closure of case plus 25 years.DOJ regulates, if not involving felonies, the report can be destroyed after 3 years, provided that accounting of incident has been placed with the case file. 12-08-04 Child Molestation Records C *** MX AC+5 5 AC+10 PC 11169; Maintain PC 11170; 10 years from date of reporting , DOJ RecommendationPC 288, 647; Definitions 12-08-05 Drug / Sex Crime Registration Sex offenders - Adult Sex offenders - Juvenile
Records C *** MX LOR+2
* Varies
LOR+2
* Varies
GC 34090; 2 years minimum* PC 290; definitions and referencesW&IC 781; 5 years after record sealed or when juvenile reaches 38 years. Permanent if tried as an adult.State of California Guidelines; Life of registrant within jurisdiction for arson, sex and narcotics. 12-08-06 City Employee Cases Records C *** MX AC+2 5 AC+7 GC 34090, 2 year minimum requirement 29 CFR 1904; OSHA reports, maintain29 CFR 1904.33; OSHA reports maintained for the current year plus 5 years.State of California Guidelines; 7 years after closure 12-08-07 Sex Crimes Records C *** MX AC+5 P P PC 261; Definitions PC 220; Definitions & punishmentsPC 286; Definitions & punishmentsPC 289; Definitions & punishmentsW&I 781; Juvenile records, when offender reaches age 38, or 5 years after records are sealed.Department of Justice recommends 25 years.Administrative Policy: Based on registration requirements, maintain sex crime cases Permanently for adult offenders. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 78 Tuesday, April 23, 2024 The City of Union City
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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
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Records C *** MX AC+5 5 AC+10 GC 34090; 2 year minimum requirement Administrative Policy: Retain weapon crime information for 10 years to track potentially violent individuals. 12-08-09 Crimes with Death Records C ***, V, H MX P P P PC 799; No statutes of limitations on actions Indefinite retention is recommended by DOJ and CA Law Enforcement Officers Assoc. State of California Guidelines; Permanent 12-08-10 Child Abuse Records C ***, V MX AC+10 AC+10 PC 11169; Maintain PC 11170; 10 years from date of reporting , DOJ RecommendationPC 288, 647; Definitions 12-08-11 Missing Persons Records C *** MX AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for non-criminal occurrences, including missing persons where person has been returned/found.DOJ recommends permanent for unsolved missing persons. 12-08-12 Unattended Death / Suicide Suspicious
No suspicious circumstances
Records C ***, V, H
C ***, V
MX P
AC+2
P P
AC+2
PC 799; No statutes of limitations on actions Indefinite retention is recommended by DOJ and CA Law Enforcement Officers Assoc. State of California Guidelines; PermanentGC 34090; 2 year minimum requirement 12-08-13 Traffic Reports Involving injury, non-fatal and/or misdemeanor violations.Collisions involving fatalities
Records C ***, V
C ***, V, H
MX CY+3
PP
CY+3
P
GC 34090; 2 year minimum requirementCA Law Enforcement Warrant Officers Association recommends keeping for an additional 3 years, and permanently for collisions involving fatalities. 12-08-14 Robberies / Burglary Records C *** MX AC+3 AC+3 GC 34090, 2 year minimum requirement CCP 338 et al.; up to 3 years after commission of offense or after realization of offense.State Recommendation; Closure of case plus 3 years. 12-08-15 Stolen Vehicles Records C *** MX AC+10 AC+10 GC 34090; 2 year minimum requirement CA Law Enforcement Warrant Officers Association recommends keeping for 10 years. 12-08-16 Misdemeanors / Petty Theft Records C *** MX AC+2 AC+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for misdemeanors/infractions with no arrests, identifiable property or missing persons. 12-08-17 Marijuana Related Crimes Records C *** MX AC+2 * AC+2 * HS 11361.5, 11357 B, C, D, or E; 2 years after case closure, * or until offender reaches the age of 18 years provided there are no active warrants associated with the case. Destroy Juvenile marijuana cases after age 18.Combined cases may be retained for the longest applicable retention period. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 79 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-08-18 Record Sealings Adults
Juveniles
Records C *** MX AC+3 *
AC+5 **
AC+3 *
AC+5 **
PC 851.8(a); Factually innocent records, 3 years after arrest, * with district attorney approval.Date of court ordered destructionW&IC 781; 5 years after sealed by court order for atrisk youth; ** W&IC 781; When juvenile reaches the age of 38 for murder and/or sex crimes occuring before the child is 14 years of age** W&IC 781; For murder and/or sex crimes occuring on or after the child reaches age 14, DO NOT DESTROY. 12-08-19 Animal Bite Reports Records C *** MX AC+3 AC+3 F&AC 32003(e); 3 years after animal disposition PC 597.1(d); 3 years after animal dispositionGC 34090; 2 year minimum requirementNOTE: Animal Disposition includes death of the animal, euthanasia or release of the animal back to the owner or caretaker. 12-08-20 Criminal Protective Order Received from the protected person and maintained in a new or existing case file.

Records C *** MX AE AE GC 34090; 2 year minimum requirement GC 68152; Duration of the restraining or other order and renewals, then retain orders as a judgement.State of California Guidelines; Destroy after law enforcement actions described in Penal Codes 273.5, 273.6, 646.9, 12028.5, 13700 and Family Codes 6380 - 6383 are fulfilled and effective date of restraining order has expired. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 80 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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Records MX CY+5 CY+5 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2 years for parking & traffic citation duplicates.Administrative Policy: Maintain citations copies for the current year plus 5 years for historical purposes. 12-09-06 Citations - Misdemeanor Cases Most are filed with the case, except for City Municipal Code violations which go to Code Enforcement or to court. Entered into Tiburon.

Inhouse audit performed and results faxed to DOJ.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 81 Tuesday, April 23, 2024 The City of Union City
Records Retention Schedules and UFIRST Index™

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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
Legend:

Individual files on guns.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement 12-09-19 Case Audit Log Daily log of case numbers issued. Inhouse reference check for cases.

Records MX ACT ACT GC 34090.7; Duplicate records may be destroyed within the 2 year minimum period
12-09-22 911 Logs Hardcopy log created from dispatch and AT&T for 911 data.

Records MX 2Y 2Y GC 34090.6; 100 days. If a claim is filed or pending litigation, retain with the case file.State of California Guidelines; 180 days for audio, telephone and radio communication tapes, with exceptions of recordings pertaining to GC 34090.6Administrative Policy: Maintain audio recordings for 2 years at the request of the Alameda County District Attorney's Office. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 82 Tuesday, April 23, 2024 The City of Union City
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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
Legend:

Recordings determined by the City Attorney for litigation or the District Attorney for crime prosecution.

Records MX AC * AC * GC 34090.6; 100 days. If a claim is filed or pending litigation, retain until pending litigation is resolved and * destroy with consent of the City Attorney.State of California Guidelines; 180 days for audio, telephone and radio communication tapes, with exceptions of recordings pertaining to GC 34090.6 12-09-25 Audio Recordings - Personal Recording Units Recordings by officers using recording devices controlled by the officer.

Records MX CY+2 CY+2 GC 34090; 2 year minimum requirement 12-09-27 Criminal Background Checks Third party requests from outside agencies.

Includes a waiver for release of personal information.

Records MX AC+2 * 5 * AC+7 * H&S 123145; * Under 18 - 1 year after 18th birthday or 7 years, whichever is longer. Over 18 - 7 years after discharge.15 CCR 1205; Maintain separately from inmate files, no retention listed15 CCR 1207; Maintain, no retention listedCalifornia "Minimum Guidelines for Local Detention Facilities" state "There is no Title 15 regulation related to records retention" for these records. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 83 Tuesday, April 23, 2024 The City of Union City
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Traffic PA CY+2 5 CY+7 GC 34090; 2 year minimum requirement CCP 338(k); SOL of 3 years for action, air qualityState of California Guidelines; 7 years plus the current year for total daily mileage surveys and logs, referencing CCP 338. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 84 Tuesday, April 23, 2024 The City of Union City
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12-00-00 POLICE SERVICES RECORDS Revised September 9, 2019April 23, 2024; Reso No. XXXX-23
Legend:

Series
Code
Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-11-00 Animal Control Records12-11-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 12-11-02 Notice of Violation Warnings AC PA AC+3 AC+3 GC 34090; 2 year minimum requirement PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-03 Monthly County Rabies Report Copies of submissions to county vector control AC PA CY+3 CY+3 GC 34090; 2 year minimum requirement PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. 12-11-04 Impounded Animal Master Sheet Receipt used occassionally for impounded animals after hours or release of an animal in the field.

Used as a reference for owners searching for their animals.

AC PA AC+3 AC+3 GC 34090; 2 year minimum requirement
PC 597.1(d); 3 years after animal's impoundment ends.F&A 32003; 3 years for animal disposition records. ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 4/9/2024 City Council/RSA Agenda 85 Tuesday, April 23, 2024 Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY APPROVING AN AMENDMENT TO THE CLASSIFICATION AND
COMPENSATION PLAN TO REVISE THE CITY’S SALARY SCHEDULE IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Council adopt a resolution to approve an amendment to the Classification and Compensation Plan to revise the City’s salary schedule for the Community Services Manager classification in conformance with California Code of Regulations, Title 2, Section 570.5.

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

BACKGROUND
As part of a review of the Community Services Manager job duties and the needs of the City's Community and Recreation Services Department relative to align position salary with appropriate qualifications and experience expectations, staff recommends an update to the classification’s salary to align with that of the Community and Recreation Services Manager.

DISCUSSION
The proposed classification specification update is to salary only. The goal is to remain competitive during the next recruitment, as more than three attempts at recruiting over the past 12 months has proven unsuccessful in attracting qualified candidates. The City has met and conferred with the Management Employee Group (MEG) regarding the proposed revisions to the class specification’s salary. The Community and Recreation Services Department worked with the Human Resources Department to ensure the class specification is updated prior to future recruitments. The Human Resources Department worked with the compensation consultant, Ralph Anderson and Associates, to update this salary City Council/RSA Agenda 86 Tuesday, April 23, 2024
based on new information for salary benchmarking.

Job
Code
Position Title CBU Step 1 Step 2 Step 3 Step 4 Step 5

CURRENT
20450
Community & Recreation
Services Manager
MEG 12,339 12,906 13,503 14,128 14,786
20508
Community Services
Manager
MEG 11,266 11,779 12,315 12,878 13,471
% Dif erence between position steps 9.5% 8.7% 8.8% 8.8% 8.9%

PROPOSED
20450
Community & Recreation
Services Manager
MEG 12,339 12,906 13,503 14,128 14,786
20508
Community Services
Manager
MEG 12,339 12,906 13,503 14,128 14,786

FISCAL IMPACT
The estimated additional annual cost associated with this classification update is approximately $16,700. Funding for this adjustment would be supported by unused funds due to the inability to recruit in the first year of this biennial budget. This salary increase would be budgeted for in future budget preparations.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to revise the City’s salary schedule for the Community Services Manager classification.

Prepared by:

Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Class and Compensation Plan Attachment
City Council/RSA Agenda 87 Tuesday, April 23, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN AMENDMENT TO THE

CLASSIFICATION AND COMPENSATION PLAN TO
REVISE THE CITY’S SALARY SCHEDULE IN

CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City of Union City (the “City”) has undertaken an inquiry and recommends that the City Council update the compensation for the position of Community Services Manager; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the accuracy and clarity for the Community Services Manager class specifications; 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.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves an amendment to the City’s Classification and Compensation Plan to include the following salary schedule for the Community Services Manager class specification, effective April 23, 2024:

Job
Code Classification Title Bargaining Unit Step 1 Step 2 Step 3 Step 4 Step 5 20508 Community Services
Manager MEG 12,339 12,906 13,503 14,128 14,786
City Council/RSA Agenda 88 Tuesday, April 23, 2024
Resolution No. XXXX-24
Amendment to Align City's Salary Schedule with California Regulations

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 23rd day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 89 Tuesday, April 23, 2024
Amendment #8: November 28, 2023 - Reso. No. 6230-23
Amendment #9: November 28, 2023 - Reso. No. 6231-23
Amendment #10: April 9, 2024 - Reso. No. 6283-24
Amendment #11: April 23, 2024 - Reso. No. XXXX-24
Amendment #2: July 11, 2023 - Reso. No. 6158-23
Amendment #3: July 25, 2023 - Reso. No. 6174-23
Amendment #4: July 25, 2023 - Reso. No. 6175-23
Amendment #5: October 10, 2023 - Reso. No. 6210-23
Amendment #6: November 14, 2023 - Reso. No. 6224-23
Amendment #7: November 14, 2023 - Reso. No. 6225-23
City of Union City
Classification and Compensation Plan
FY 2023-2024
Effective: April 29, 2024
Amendment #1: June 20, 2023 - Reso. No. 6146-23
City Council/RSA Agenda 90 Tuesday, April 23, 2024
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 29,406
UNREPRESENTED Min. Range Max.

Dept. Heads 20015 Assistant City Manager/Chief Financial Officer 18,040 21,681 Dept. Heads 20020 Deputy City Manager 17,381 20,847
Dept. Heads 20470 Community & Recreation Services Director 16,949 20,320 Dept. Heads 20515 Economic & Community Development Director 16,949 20,320 Dept. Heads 20275 Finance Director 16,949 20,320
Dept. Heads 20280 Human Resources Director 16,949 20,320 Dept. Heads 20290 Information Technology Director 16,949 20,320 Dept. Heads 40010 Police Chief 22,141 23,027 23,948 24,906 25,902 Dept. Heads 20710 Public Works Director 17,268 20,711
Unrep'd. Mgmt. 21050 Assistant to the City Manager 14,636 17,576 Unrep'd. Mgmt. 21185 Chief Human Resources Officer 15,369 18,455 Unrep'd. Mgmt. 21315 Chief Technology Officer 15,369 18,455 Unrep'd. Mgmt. 20030 City Clerk 12,150 12,706 13,292 13,906 14,551 Unrep'd. Mgmt. 21410 Deputy Police Chief 20,848 21,825 22,853 23,927 25,062 Unrep'd. Mgmt. 20145 Human Resources Analyst I 8,226 8,587 8,967 9,366 9,785 Unrep'd. Mgmt. 20155 Human Resources Analyst II 10,059 10,515 10,991 11,488 12,014 Unrep'd. Mgmt. 20180 Human Resources Manager 12,845 13,437 14,055 14,706 15,388 Unrep'd. Mgmt. 20930 Supervising Construction Inspector 10,432 10,905 11,403 11,925 12,472 Unrep'd. Non-Mgmt. 21010 Administrative Specialist - Confidential 7,027 7,381 7,750 8,138 8,546 Unrep'd. Non-Mgmt. 30800 Human Resources Technician 7,410 7,783 8,163 8,579 9,004

MANAGEMENT EMPLOYEES' GROUP (MEG)
Management 20360 Budget Manager/Purchasing Agent 12,234 12,798 13,385 14,006 14,655 Management 20590 Chief Building Official/Senior Plans Examiner 14,076 14,723 15,406 16,119 16,873 Management 20810 City Engineer 15,813 16,551 17,325 18,136 18,988 Management 20505 Clinical Supervisor 9,400 9,816 10,252 10,711 11,192 Management 20650 Communications & Marketing Manager 11,717 12,295 12,874 13,445 14,024 Management 20450 Community & Recreation Services Manager 12,339 12,906 13,503 14,128 14,786 Management 20508 Community Services Manager 12,339 12,906 13,503 14,128 14,786 Management 20800 Cyber Security Manager 12,684 13,256 13,855 14,470 15,131 Management 20630 Economic Development Manager 12,232 12,836 13,440 14,036 14,641 Management 20600 Environmental Program Manager 12,653 13,238 13,849 14,492 15,167 Management 20911 Fleet Supervisor 10,978 11,479 12,002 12,554 13,131 Management 20540 Housing & Community Development Manager 12,548 13,128 13,733 14,370 15,038 Management 20310 Information Technology Manager 14,636 15,316 16,032 16,784 17,576 Management 20500 Intervention Counselor I 7,418 7,741 8,077 8,432 8,802 Management 20080 Management Analyst I 8,226 8,587 8,967 9,366 9,785 Management 20090 Management Analyst II 10,059 10,515 10,991 11,488 12,014 Management 20100 Management Analyst III 12,234 12,798 13,385 14,006 14,655 Management 20560 Planning Manager 13,406 14,022 14,672 15,352 16,068 Management 20860 Principal Civil Engineer 13,107 13,713 14,350 15,019 15,718 Management 20920 Public Works Grounds Supervisor 10,978 11,479 12,002 12,554 13,131 Management 20910 Public Works Streets Supervisor 10,978 11,479 12,002 12,554 13,131 Management 20730 Public Works Superintendent 12,759 13,346 13,966 14,613 15,295 Management 20700 Recycling & Solid Waste Program Manager 11,398 11,920 12,469 13,044 13,647 Management 20620 Redevelopment Manager 12,653 13,238 13,849 14,492 15,167 Management 20370 Revenue Collections Manager 12,234 12,798 13,385 14,006 14,655 Management 20350 Supervising Accountant 11,420 11,940 12,488 13,063 13,665 Management 20912 Transit Manager 12,339 12,906 13,503 14,128 14,786 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 91 Tuesday, April 23, 2024
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 18,929 19,821 20,756 21,738 22,771 Police Mgmt. 40040 Police Lieutenant 16,047 16,832 17,658 18,532 19,451 Police Mgmt. 40045 Police Commander 16,844 17,664 18,527 19,439 20,399

POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 7,402 7,773 8,161 8,570 9,000 UCPOA 40095 Community Resources Coordinator 6,423 6,745 7,082 7,435 7,807 UCPOA 40090 Community Service Aide 6,337 6,619 6,916 7,229 7,559 UCPOA 40240 Confidential Operations Assistant 7,374 7,743 8,130 8,536 8,963 UCPOA 40080 Crime Analyst 9,000 9,450 9,921 10,419 10,939 UCPOA 40070 Dispatch Clerk 7,006 7,199 7,523 7,866 8,225 UCPOA 40170 Dispatch Clerk Trainee 6,067
UCPOA 40241 Executive Assistant to the Police Chief 7,374 7,743 8,130 8,536 8,963 UCPOA 40063 Personnel and Training Supervisor 7,402 7,773 8,161 8,570 9,000 UCPOA 40130 Police Corporal 12,698
UCPOA 40230 Police Department Office Coordinator 6,378 6,699 7,033 7,385 7,755 UCPOA 40140 Police Office Assistant 5,813 6,105 6,410 6,731 7,067 UCPOA 40050 Police Officer 9,223 9,649 10,085 10,515 11,044 11,597 12,176 UCPOA 40150 Police Officer Recruit I 7,390
UCPOA 40160 Police Officer Recruit II 8,790
UCPOA 40060 Police Records Supervisor 7,402 7,773 8,161 8,570 9,000 UCPOA 40030 Police Sergeant 12,466 13,026 13,604 14,284 14,998 UCPOA 40120 Prisoner Transportation Officer 6,337 6,619 6,916 7,229 7,559 UCPOA 40100 Property & Evidence Specialist 6,337 6,619 6,916 7,229 7,559 UCPOA 40065 Property & Evidence Supervisor 7,402 7,773 8,161 8,570 9,000 UCPOA 40110 Public Services Officer I 6,423 6,745 7,082 7,435 7,807 UCPOA 40180 Public Services Officer II 6,762 7,101 7,456 7,827 8,219 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 40.42 41.53 43.40 45.38 47.45 UCPOA PT 40120 Prisoner Transportation Officer (PT) 36.56 38.19 39.90 41.71 43.61 UCPOA PT 40181 Public Services Officer I (PT) 37.06 38.91 40.86 42.90 45.04 UCPOA PT 40182 Public Services Officer II (PT) 39.01 40.97 43.02 45.15 47.42 PD UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Police PT 60120 Police Cadet 16.91 17.76 18.65
Unrep. Police PT 60150 Police Officer Trainee 47.09

PROFESSIONAL EMPLOYEES' GROUP (PEG)
Professionals 30060 Accountant 8,246 8,657 9,080 9,544 10,017 Professionals 30250 Assistant Planner 7,332 7,698 8,080 8,486 8,910 Professionals 30230 Associate Planner 8,532 8,956 9,402 9,874 10,365 Professionals 30053 Building Code Compliance Coordinator 11,024 11,599 12,177 12,751 13,327 Professionals 30090 Case Manager 6,527 6,853 7,194 7,555 7,933 Professionals 30600 Economic Development Coordinator 9,891 10,391 10,855 11,355 11,855 Professionals 30275 Emergency Services Coordinator 9,074 9,528 9,996 10,498 11,023 Professionals 30150 Engineer I (Civil) 8,089 8,488 8,915 9,363 9,830 Professionals 30130 Engineer II (Civil) 8,984 9,432 9,893 10,396 10,911 Professionals 30120 Engineer III (Civil) 10,270 10,783 11,315 11,882 12,476 Professionals 30030 Environmental Analyst I 7,271 7,636 8,016 8,420 8,841 Professionals 30031 Environmental Analyst II 8,208 8,640 9,096 9,574 10,079 Professionals 30040 Environmental Programs Inspector 9,819 10,336 10,878 11,449 12,054 Professionals 30095 Homeless Program Coordinator/Case Manager 6,364 6,705 7,045 7,387 7,766 Professionals 30080 Intervention Counselor 6,768 7,106 7,462 7,836 8,227 Professionals 30185 Lead Construction Inspector 9,893 10,371 10,813 11,327 11,843 Professionals 30066 Lead Payroll Technician 8,128 8,495 8,937 9,378 9,893 Professionals 30065 Payroll Technician 7,728 8,114 8,511 8,944 9,388 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 92 Tuesday, April 23, 2024
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES' GROUP (PEG) (CONT.)
Professionals 30100 Recreation Supervisor 8,143 8,551 8,977 9,425 9,896 Professionals 30020 Senior Accountant 9,533 10,019 10,519 11,040 11,585 Professionals 30055 Senior Building/Code Compliance Inspector 9,819 10,336 10,878 11,449 12,054 Professionals 30210 Senior Planner 9,861 10,379 10,927 11,500 12,105 Professionals 30400 Senior Recreation Supervisor 9,562 10,028 10,517 11,032 11,569 Professionals 30260 Senior Systems Analyst 11,024 11,599 12,177 12,751 13,327 Professionals 30310 Sustainability Analyst I 7,166 7,524 7,900 8,295 8,710 Professionals 30320 Sustainability Analyst II 8,461 8,882 9,328 9,794 10,283 Professionals 30265 Systems Analyst 10,572 11,101 11,656 12,239 12,851 Professionals 30501 Transit Planner - Assistant 7,041 7,392 7,759 8,148 8,556 Professionals 30502 Transit Planner - Associate 8,432 8,850 9,291 9,758 10,241 Professionals 30503 Transit Planner - Senior 9,861 10,379 10,927 11,500 12,105 Professionals 30270 Web and Database Administrator 10,087 10,591 11,121 11,677 12,261

SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 5,834 6,102 6,382 6,681 6,987 SEIU 1021 50525 Administrative Assistant II 6,382 6,681 6,987 7,312 7,651 SEIU 1021 50530 Administrative Assistant III 6,987 7,312 7,651 8,009 8,386 SEIU 1021 50290 Building/Code Compliance Inspector 8,417 8,807 9,211 9,634 10,073 SEIU 1021 50201 Building/Code Compliance Inspector - Trainee 7,388 7,733 8,088 8,458 8,846 SEIU 1021 50255 Building Permit Technician 6,680 7,015 7,353 7,693 8,028 SEIU 1021 50251 Building Permit Technician II 7,263 7,615 7,987 8,376 8,785 SEIU 1021 50566 Communications Coordinator 5,991 6,268 6,555 6,862 7,176 SEIU 1021 50256 Community Development Technician 6,547 6,876 7,207 7,540 7,868 SEIU 1021 50351 Facility Maintenance Worker 6,484 6,776 7,081 7,407 7,741 SEIU 1021 50080 Finance Specialist I 5,336 5,575 5,843 6,118 6,403 SEIU 1021 50090 Finance Specialist II 5,843 6,118 6,403 6,711 7,028 SEIU 1021 50100 Finance Specialist III 6,403 6,711 7,028 7,363 7,716 SEIU 1021 50539 Homeless Program Outreach Worker 4,689 4,924 5,170 5,429 5,700 SEIU 1021 50332 Lead Facilities Maintenance Worker 7,598 7,945 8,310 8,679 9,083 SEIU 1021 50323 Lead Vehicle Heavy Equipment Mechanic 7,980 8,342 8,726 9,113 9,537 SEIU 1021 50361 Leisure Services Maintenance Worker 5,498 5,774 6,062 6,365 6,684 SEIU 1021 50360 Maintenance I - Parks & Grounds 5,929 6,210 6,499 6,804 7,127 SEIU 1021 50330 Maintenance I - Streets 6,226 6,520 6,825 7,144 7,483 SEIU 1021 50342 Maintenance II - Parks & Grounds 6,564 6,874 7,193 7,533 7,889 SEIU 1021 50320 Maintenance II - Streets 6,893 7,218 7,553 7,909 8,283 SEIU 1021 50325 Maintenance Trainee - Parks & Grounds 5,081 5,317 5,567 5,823 6,095 SEIU 1021 50350 Maintenance Trainee - Streets 5,081 5,317 5,567 5,823 6,095 SEIU 1021 50200 Neighborhood Preservation Inspector 7,753 8,112 8,484 8,873 9,278 SEIU 1021 50500 Office Specialist I 4,599 4,810 5,023 5,247 5,485 SEIU 1021 50505 Office Specialist II 5,010 5,234 5,472 5,722 5,980 SEIU 1021 50510 Office Specialist III 5,467 5,717 5,975 6,250 6,536 SEIU 1021 50560 Preschool Site Supervisor II 4,591 4,821 5,062 5,316 5,581 SEIU 1021 50291 Public Works Inspector 8,145 8,602 9,019 9,454 9,911 SEIU 1021 50370 Public Works Maintenance II 6,564 6,874 7,193 7,533 7,889 SEIU 1021 50110 Recreation Administrative Technician 7,175 7,533 7,910 8,305 8,721 SEIU 1021 50160 Recreation Program Coordinator 6,530 6,849 7,186 7,542 7,911 SEIU 1021 50600 Recycling Programs Coordinator 6,738 7,066 7,414 7,783 8,163 SEIU 1021 50380 Special Projects Coordinator 6,108 6,396 6,694 7,008 7,340 SEIU 1021 50538 Street Outreach Worker 4,689 4,924 5,170 5,429 5,700 SEIU 1021 50341 Street Sweeper Operator 6,641 6,941 7,254 7,588 7,930 SEIU 1021 50400 Technical Support Specialist I 6,245 6,559 6,874 7,188 7,463 SEIU 1021 50405 Technical Support Specialist II 6,913 7,266 7,620 7,973 8,288 SEIU 1021 50517 Transit Coordinator 7,685 8,044 8,455 8,811 9,225 SEIU 1021 50321 Vehicle Heavy Equipment Mechanic 7,124 7,447 7,787 8,140 8,517 SEIU 1021 50326 Vehicle Equipment Technician 5,639 5,919 6,217 6,527 6,853 SEIU 1021 50536 Youth Employment Coordinator 6,261 6,575 6,904 7,248 7,611 SEIU 1021 50537 Youth Services Specialist 6,386 6,706 7,042 7,393 7,763 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 93 Tuesday, April 23, 2024
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 Maintenance Attendant (PT) 28.11 29.51 31.00 32.55 34.18 SEIU 1021 PT 50533 CRS Program Manager (PT) 22.22 23.30 24.48 25.69 26.96 SEIU 1021 PT 50500 Office Specialist I (PT) 26.53 27.75 28.98 30.27 31.64 SEIU 1021 PT 50505 Office Specialist II (PT) 28.90 30.20 31.57 33.01 34.50 SEIU 1021 PT 50510 Office Specialist III (PT) 31.54 32.98 34.47 36.06 37.71 SEIU 1021 PT 50561 Preschool Site Supervisor I (PT) 21.47 22.53 23.67 24.85 26.08 SEIU 1021 PT 50532 Program Coordinator (PT) 37.68 39.51 41.46 43.51 45.64 SEIU 1021 PT 50531 Senior Recreation Leader 18.24 19.17 20.13 21.13 22.22 SEIU 1021 PT 50539 Homeless Program Outreach Worker (PT) 27.05 28.40 29.83 31.32 32.88 SEIU 1021 PT 50538 Street Outreach Worker (PT) 27.05 28.40 29.83 31.32 32.88 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager (PT) 20.57 21.60 22.68 23.81 25.00 Unrep. Gen. PT 60100 Preschool Aide (PT) 16.00 16.80
Unrep. Gen. PT 60090 Preschool Teacher (PT) 18.29 19.20 20.16 21.17 22.23 Unrep. Gen. PT 60072 Program Coordinator (PT) 24.00 25.20 26.46 27.78 29.17 Unrep. Gen. PT 60232 Recreation Aide (PT) 16.00 16.80
Unrep. Gen. PT 60233 Recreation Leader (PT) 17.14 18.00 18.90 19.85 20.84 Unrep. Gen. PT 60300 Seasonal Maintenance Worker (PT) 22.86 Unrep. Gen. PT 60234 Senior Recreation Leader (PT) 18.29 19.20 20.16 21.17 22.23 Unrep. Gen. PT 60600 Intern (PT) 16.00 58.28
Unrep. Gen. PT 60570 Project Specialist (PT) 16.00 119.75 Unrep. Gen. PT 60400 Retired Annuitant (PT) 16.00 137.30 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 94 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITYAND RECREATION SERVICES

DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO MASTER CONTRACT NO.
901630 WITH ALAMEDA COUNTY TO INCREASE THE CONTRACT BY
$114,413 FOR PROVIDING DELINQUENCY PREVENTION SERVICES
THROUGH DECEMBER 31, 2024, AND TO AMEND THE FISCAL YEAR 2023-2024 YOUTH VIOLENCE PREVENTION & INTERVENTION FUND BUDGET
The City has been in an agreement with the Alameda County Probation Department for Youth & Family Services (YFS) to provide Youth Intervention and Delinquency Prevention Services since 2019. During that period, the City has been awarded $900,000 for the DPN-Local Service Center (LSC) Grant Agreement. The County awarded an extension to the current contract through December 31, 2024, and is now adding additional funds.

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

BACKGROUND
In July 2019 the City was awarded a grant through a three-year agreement with Alameda County Probation Department to provide Delinquency Prevention Network Services for a Local Service Center by the Youth & Family Services (YFS) Division. A First Amendment was awarded in 2022 extending the agreement through February 2024. A Second Amendment was awarded to further extend the agreement an additional 10-months through December 2024. The extension did not include a budget increase since the original 2019 agreement.

A Third Amendment was received in April 2024 increasing the funding of the DPN-LSC contract to provide service through December 31, 2024.

City Council/RSA Agenda 95 Tuesday, April 23, 2024

DISCUSSION
The YFS Division will continue to provide intervention services to a minimum of 60 at-promise and justiceinvolved youth (informal and formal probation) ages 8 to 18, Transition Age Youth (TAY) ages 18 to 21 who are non-probation involved, and truant youth. Program services include Diversion, Mentoring, Civic and Social Engagement to local youth and their families through December 31, 2024.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The DPN-LSC grant funding of $114,413 will be used for YFS staff costs, program supplies and services to eligible participants of DPN-LSC programs.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:

1. Authorizing the City Manager to execute the Third Amendment to Master Contract No. 901630 with Alameda County to increase the contract by $114,413 for an additional ten months, for providing Delinquency Prevention Services; and

2. Amending the FY 2023-2024 Youth & Family Services Fund budget.

Prepared by:

Corina Hahn, Community and Recreation Services Director Submitted by:

Corina Hahn, Community and Recreation Services Director ATTACHMENTS:

Description Type
Draft Resolution Resolution
DPN-LSCA3 Contract Attachment
City Council/RSA Agenda 96 Tuesday, April 23, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY AUTHORIZING THE CITY MANAGER

TO EXECUTE THE THIRD AMENDMENT TO MASTER
CONTRACT NO. 901630 WITH ALAMEDA COUNTY TO
INCREASE THE CONTRACT BY $114,413 FOR

PROVIDING DELINQUENCY PREVENTION SERVICES
THROUGH DECEMBER 31, 2024, AND TO AMEND THE
FISCAL YEAR 2023-2024 YOUTH DELINQUENCY

PREVENTION PROGRAM FUND BUDGET
WHEREAS, the Delinquency Prevention Network (DPN) Local Service Center (LSC) contract from Alameda County Probation Department provides delinquency prevention services to probation-involved and at-promise youth and their families; and WHEREAS, the City of Union City Youth & Family Services (YFS) Division was awarded an extension to Master Contract No. 901630 for ten additional months in March 2024; and
WHEREAS, a Third Amendment is increasing the funding by $114,413 for Youth & Family Services (YFS) Division to continue as the LSC service provider serving youth from Union City, Newark, and Fremont; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Third Amendment to Master Contract No. 901630 to increase the contract by $114,413 for providing delinquency prevention services to youth and families from Union City; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 Youth Violence Prevention & Intervention Fund revenue budget by increasing the revenue projection in Account Number 2440-51012-45502 (Youth Violence Prevention & Intervention Fund – DPN-LSC – DPN-LSC Grant) by $114,413; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 Youth Violence Prevention & Intervention Fund expenditure budget by appropriating $114,413 to the following Account Numbers:
 $66,600 to Account Number 2440-5109-51012-51110 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Regular Pay)  $2,177 to Account Number 2440-5109-51012-53101 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC –Office Supplies)  $6,901 to Account Number 2440-5109-51012-53701 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Other Supplies)  $21,705 to Account Number 2440-5109-51012-54111 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Contractual Services)
 $10,208 to Account Number 2440-5109-51012-54135 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Hardware & Software Maintenance)
City Council/RSA Agenda 97 Tuesday, April 23, 2024
Resolution No. XXXX-24
Increase in Funding for Youth Delinquency Prevention Services

Page 2 of 2 ends

 $700 to Account Number 2440-5109-51012-54214 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Printing & Reproduction)
 $1,000 to Account Number 2440-5109-51012-54217 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Rentals)  $2,000 to Account Number 2440-5109-51012-54218 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Community Promotions)
 $1,122 to Account Number 2440-5109-51012-54310 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Travel & Training)  $2,000 to Account Number 2440-5109-51012-54313 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-LSC – Local Meeting & Events); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute all further amendments to Master Contract No. 901630.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23
rd
day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 98 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670

Page 1 of 2 ends

THIRD AMENDMENT TO STANDARD SERVICES AGREEMENT
This Third Amendment to Agreement (“Third Amendment”) is made by the County of Alameda (“County”) and City of Union City, (“Contractor”) with respect to that certain agreement entered by them on July 12, 2019 and that certain First (January 21, 2022), Second (February 27, 2024) Amendments to Contract, (collectively referred to herein as the “Contract”) pursuant to which Contractor provides Delinquency Prevention Network (Programs) services to County.

County and Contractor, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:

1. Except as otherwise stated in this Third Amendment, the terms and provisions of this Amendment will be effective as of the date this Third Amendment is executed by the County (“Effective Date”).

2. In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed One Hundred Fourteen Thousand Four Hundred Thirteen dollars ($114,413). As a result of these additional services the not to exceed amount has increased from Nine Hundred Thousand dollars ($900,000) to One Million Fourteen Thousand Four Hundred Thirteen dollars ($1,014,413) over the term of the Agreement and any amendments.

3. Paragraph 20 of the Standard Services Agreement has been amended by changing the shall not exceed amount in the last sentence to $1,014,413.

4. Exhibit B - Payment Terms is amended and replaced by the attached Exhibit B-3, Payment Terms, which is attached to this Amendment.

5. Attached hereto is Exhibit D-3, a current Debarment and Suspension Certificate executed by Contractor.

6. Attached hereto is Exhibit F-3, THE IRAN CONTRACTING ACT (ICA) OF 2010 For Procurements of $1,000,000 statement executed by Contractor.

7. Except as expressly modified by this Third Amendment, all of the terms and conditions of the Contract are and remain in full force and effect.

City Council/RSA Agenda 99 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties hereto have executed this Amendment.

COUNTY OF ALAMEDA CITY OF UNION CITY
By:

Signature
By:

Signature
Name: Detra Dillon
(Printed)
Name:
(Printed)
Title: Procurement Administrator Title: City Manager _______ Date: Date:

By signing above, signatory warrants
and represents that he/she executed
this Agreement in his/her authorized
capacity and that by his/her signature
on this Agreement, he/she or the
entity upon behalf of which he/she
acted, executed this Agreement.

City Council/RSA Agenda 100 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670
Exhibit B-3

Page 1 of 4 ends

EXHIBIT B-3

PAYMENT TERMS
Except as expressly modified by this Exhibit B-3, all of the terms and conditions of the original Exhibit B, and Exhibit B-1 - Payment Terms are and remain in full force and effect.

1. Contractor shall use all payments solely in the support of the annual program budget as set forth in the tables below:

DIVERSION
Personnel Annual
Salary
Program
Effort
(FTE)
Salary
Billable to
the County
Fringe
Cost
Total Billable
Annual Cost 10-Month Cost
Clinical Supervisor $134,304 0.010 $1,343.04 $815.64 $2,158.68 $1,798.90 Administrative Assistant $100,632 0.020 $2,012.64 $1,169.28 $3,181.92 $2,651.60 Intervention Counselor $105,624 0.065 $6,865.56 $4,243.98 $11,109.54 $9,257.95 Case Manager $98,724 0.010 $987.24 $410.64 $1,397.88 $1,164.90 Youth Services Specialist $93,156 0.100 $9,315.60 $6,206.40 $15,522.00 $12,935.00 Case Manager $98,724 0.050 $4,936.20 $1,900.20 $6,836.40 $5,697.00 Personnel Subtotal $40,206.42 $33,505.35
Non-Personnel
Program and Direct Services $2,690 $2,241.67
Office Supplies/Printing/etc. $2,010 $1,675.00
ITS Cost Allocation $5,250 $4,375.00
Training Cost Allocation $346 $288.33
Non-Personnel Subtotal $10,296 $8,580
TOTAL PERSONNEL + NON-PERSONNEL COSTS $50,502.42 $42,085.35 Indirect Cost $5,050.24 $4,208.54
TOTAL PROGRAM COSTS $55,552.66 $46,293.89
Leveraged (Matching) City of Union City ($11,619) ($9,682.50) TOTAL BILLABLE 10-MONTH DIVERSION COST
(March 1, 2024 – December 31, 2024) $43,933.66 $36,611.39 City Council/RSA Agenda 101 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670
Exhibit B-3

Page 2 of 4 ends

CIVIC AND SOCIAL ENGAGEMENT
Personnel Annual
Salary
Program
Effort
(FTE)
Salary
Billable to
the County
Fringe
Cost
Total Billable
Annual Cost 10-Month Cost
Intervention Counselor $105,624 0.010 $1,056.24 $652.92 $1,709.16 $1,424.30 Administrative Assistant $100,632 0.010 $1,006.32 $584.64 $1,590.96 $1,325.80 Law and Stay FLY Programs
Coordinator Alameda County $49,878.40 0.010 $498.78 $458.88 $957.66 $957.66 Alameda County Director $105,084.00 0.090 $9,457.56 $966.77 $10,424.33 $10,424.33 Law Program Site Manager
Alameda County $59,176.00 0.090 $5,325.84 $544.42 $5,870.26 $5,870.26 Law and Stay FLY Program
Manager Alameda County $76,958.00 0.010 $7,695.80 $1,062.02 $8,757.82 $8,757.82 Evaluation & Learning Manager $51,272.00 0.050 $2,563.60 $235.85 $2,799.45 $2,799.45 Personnel Subtotal $32,109.64 $31,559.62
Non-Personnel
Transportation $400 $400.00
Program Supplies $600 $600.00
Field Trip Expense $200 $200.00
Office Supplies/Printing/etc. $1,700 $1,416.66
Youth Stipends $4,091 $4,091.00
Graduation Expenses $200 $200.00
ITS Cost Allocation $3,500 $2,916.66
Non-Personnel Subtotal $10,691 $9,824.32
TOTAL PERSONNEL + NON-PERSONNEL COSTS $42,800.64 $41,383.94 Indirect Cost $4,280.06 $3,566.72
TOTAL PROGRAM COSTS $47,080.71 $44,950.66
Leveraged (Matching) City of Union City ($2,968.00) ($2,473.33) TOTAL BILLABLE 10-MONTH CIVIC AND SOCIAL ENGAGEMENT COST (March 1, 2024 – December 31, 2024) $44,112.71 $42,477.33 City Council/RSA Agenda 102 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670
Exhibit B-3

Page 3 of 4 ends

MENTORING
Personnel Annual
Salary
Program
Effort
(FTE)
Salary
Billable to
the County
Fringe
Cost
Total Billable
Annual Cost 10-Month Cost
Clinical Supervisor $134,304 0.010 $1,343.04 $815.64 $2,158.68 $1,798.90 Administrative Assistant $100,632 0.010 $1,006.32 $584.64 $1,590.96 $1,325.80 Youth Services Specialist $98,724 0.150 $14,808.60 $9,309.60 $24,118.20 $20,098.50 Intervention Counselor $105,624 0.050 $5,281.20 $3,264.60 $8,545.80 $7,121.50 Personnel Subtotal $36,413.64 $30,344.70
Non-Personnel
Program and Direct Services $1,500 $1,250.00
Office Supplies/Printing/etc. $2,400 $2,000.00
ITS Cost Allocation $3,500 $2,916.67
Training Cost Allocation $1,000 $833.33
Non-Personnel Subtotal $8,400 $7,000
TOTAL PERSONNEL + NON-PERSONNEL COSTS $44,813.64 $37,344.70 Indirect Cost $4,481.36 $3,734.47
TOTAL PROGRAM COSTS $49,295.00 $41,079.17
Leveraged (Matching) City of Union City ($6,906.00) ($5,577.00) TOTAL BILLABLE 10-MONTH MENTORING COST
(March 1, 2019 – February 29, 2024) $42,389.00 $35,324.17

2. Any changes to the tables above must be approved by the County prior to provision and invoicing of services. Regardless of any changes that are approved by the County, including hourly rates, Contractor shall not reduce services as set forth in Exhibit A (Specifications) nor exceed any other payment terms outlined in this Exhibit B-3 (Payment Terms).

3. County will use its best efforts to make payment to Contractor within thirty (30) days upon receipt, review, and approval of invoice and associated monthly reports. a. Invoices shall be submitted, along with monthly reports, by the 10th of each month (or the next business day when the 10th is on a weekend or holiday).

4. Invoices will be reviewed for accuracy and approval by the Alameda County Probation Department. Invoices shall be submitted via email to:
[email protected]

5. Total payment under the terms of this Agreement will not exceed the total amount of City Council/RSA Agenda 103 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670
Exhibit B-3

Page 4 of 4 ends

$1,014,413 This cost shall be all-inclusive.
a. In order to ensure that services are available to the target population throughout the contract period, Contractor will not bill the County more than an average of $14,491.61 per month without the approval of the ACPD Division Director or his/her designee.

6. No Supplanting of Funds:
a. Contractor agrees that funds awarded under this contract will not be used to supplant expenditures from other contracts or programs.

City Council/RSA Agenda 104 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670
Exhibit D-3

Page 1 of 1 ends

EXHIBIT D-3

COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).

The Contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.  Check if continued on the attached page.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Amendment to the Standard Services Agreement.

Signing the Amendment to Standard Services Agreement on the signature portion thereof shall also constitute the signature of this Certification.

CONTRACTOR (COMPANY):

NAME/TITLE OF AUTHORIZED SIGNER:

SIGNATURE:  DATE:

City Council/RSA Agenda 105 Tuesday, April 23, 2024
Master Contract No. 901630
Procurement Contract No. 17670
Exhibit F-3

Page 1 of 1 ends

EXHIBIT F-3

COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $1,000,000 or more
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:

1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or

2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.

By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.

If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:

CONTRACTOR (COMPANY):

NAME/TITLE OF AUTHORIZED SIGNER:

SIGNATURE:  DATE:

City Council/RSA Agenda 106 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH RAIL SURVEYORS AND ENGINEERS, INC. (RSE), IN THE AMOUNT OF $250,000, FOR A TOTAL CONTRACT AMOUNT OF $425,000, TO PROVIDE ENGINEERING SERVICES FOR RAILROAD ATGRADE CROSSING SAFETY IMPROVEMENTS FOR THE BART PEDESTRIAN AT-GRADE CROSSING PROJECT, CITY PROJECT NO. 14- 14 Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (“RSE”), in the amount of $250,000, for a total contract amount of $425,000, to provide engineering services for railroad atgrade crossing safety improvements for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

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

Goal C, Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 2: Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing, and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.

BACKGROUND
City Council/RSA Agenda 107 Tuesday, April 23, 2024
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 the Alameda County Transportation Commission (“Alameda CTC”) in the amount of $5,730,000 of Vehicle Registration Fee (“VRF”) Grant Funds for the Union City BART Station Improvements and Railroad Pedestrian Crossing Component. The total cost for this project was estimated at $16,914,974 and funding was supplemented by other federaland local grants.

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

On July 9, 2019, the City Council adopted Resolution No. 5503-19, which authorized the City Manager to execute the Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with Union Pacific Railroad (“UPRR”) (C5376) to construct a new public at-grade pedestrian crossing on the Oakland Subdivision located adjacent to the Union City BART Station. This railroad agreement also identifies additional railroad at-grade safety improvements at existing locations throughout the City including at the Smith Street at-grade railroad crossing (Coast Subdivision), Whipple Road at-grade railroad crossing (Niles Subdivision), Decoto Road at-grade railroad crossing (Niles Subdivision) and Decoto Road at-grade railroad crossing (Oakland Subdivision).

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 UPRR (Oakland Subdivision) tracks. Currently, the Station District residents who walk or bike to the BART Station travel along the existing Decoto Road at-grade railroad crossing to the north.

On December 14, 2021, the City Council adopted Resolution No. 5865-21, which approved the First Amendment to the Consulting Services Agreement with RSE (C5850), in the amount of $60,000, for engineering services to support the Pedestrian At-Grade Crossing Project, City Project No. 14-14, for a total contract amount of $100,000. This work allowed RSE to prepare preliminary engineering plans according to UPRR’s standards, as wellas update the railroad signal preemption calculations at these at-grade crossings.

On December 13, 2022, the City Council adopted Resolution No. 6053-22, authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with RSE (C5850b), in the amount of $75,000, for a total contract amount of $175,000, to provide engineering design services in support of the City’s at-grade crossing safety improvements as identified in the Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with UPRR.

The Final Design of the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, is led by HDR, Inc. for the civilengineering improvements and by ROMA Collaborative for the architectural design for the new BART Station east entrance interface and the architectural features such as railing, lighting, and landscaping for the new at-grade crossing.

DISCUSSION
The BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, requires railroad improvements along the Oakland Subdivision trackway including a new public pedestrian at-grade crossing at the east entrance of the BART Station with railroad safety gates and signals, Decoto Road at-grade crossing sidewalk and railroad signal safety improvements, and the permanent closure of “I” Street. The UPRR Public AtGrade Pedestrian Crossing Agreement also identifies additional at-grade crossing railroad signal preemption/interconnection improvements at the following areas:

City Council/RSA Agenda 108 Tuesday, April 23, 2024
Oakland Subdivision: Decoto Road Crossing (MP26.2) – 11 th Street
Oakland Subdivision: Decoto Road Crossing (MP26.2) – Station Way The Decoto Road at-grade railroad crossing (Oakland Subdivision MP 26.2) is located between the Station Way traffic signal to the west and the 11
th Street traffic signal to the east -- this requires RSE to perform a signal preemption/interconnect analysis and an analysis of the signal timing with the railroad safety gates, which will be submitted to UPRR for a detailed review and approval before they can provide final costs required for updating the UPRR construction permit.

For the past several months, Union City, the Consultant Team and UPRR have been meeting monthly to discuss design submittals, preemption calculations, UPRR’s review comments and the anticipated project schedule to complete the construction package for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

This Third Amendment to the Consulting Services Agreement with RSE, in the amount of $250,000, willallow the consultant to continue to provide engineering services for railroad at-grade crossing safety improvements, including incorporating and responding to UPRR’s review comments to complete the final Track Plan, Profile, and Details, the Decoto Road Plan, Profile and Details, and the traffic signal railroad crossing and preemption/interconnect analysis for the adjacent city traffic signals for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, along with continued coordination with HDR, Inc., and ROMA Collaborative.

FISCAL IMPACT
The Third Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc., in the amount of $250,000, will be funded with $200,000 of Public Improvement funds (Account Number 4160- 3199-91414-54110) and $50,000 of Measure BB Bike & Ped funds (Account Number 2546-3199-91414- 54110) as identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to Fiscal Year 2027-2028, bringing the total contract amount to $425,000, for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

There is no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (“RSE”), in the amount of $250,000, for a total contract amount of $425,000, to provide engineering services for railroad atgrade crossing safety improvements for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

Prepared by:

Marilou Ayupan. Public Works Director
Submitted by:

City Council/RSA Agenda 109 Tuesday, April 23, 2024
Marilou Ayupan. Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Third Amendment Attachment
Resolution Resolution
City Council/RSA Agenda 110 Tuesday, April 23, 2024
Third Amendment to the Consulting Services Agreement
Between City of Union City and RSE Corporation

Page 1 of 6 ends

THIRD AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 23rd day of April 2024 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 November 22, 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, for a total contract amount not-to-exceed $100,000; and WHEREAS, on December 13, 2022, the Parties entered into a Second Amendment to the Consulting Services Agreement (C5850b) for Pedestrian At-Grade Crossing Project, City Project No. 14-14 (the “Second Amendment”), to extend the term, amend the scope of services, and increase the compensation by $75,000, for a total contract amount not-to-exceed $175,000; and WHEREAS, the Parties desire to further amend the Agreement to further extend the term of services, amend the scope of services, and increase the compensation; and WHEREAS, the City and Consultant desires to enter into this Third Amendment.

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

1. 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 Third Amendment, attached hereto and incorporated herein by reference.

2. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to December 31, 2025.

3. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Two Hundred Fifty Thousand Dollars ($250,000) identified in Exhibit B. The total compensation under the Agreement, including this Amendment, shall not exceed a total amount of Four Hundred Twenty-Five Thousand Dollars ($425,000). The first sentence of Section 2 is hereby amended to read as follow:

City hereby agrees to pay Consultant a sum not to exceed Four Hundred Twenty-Five Thousand Dollars ($425,000) notwithstanding any contrary indications that may be City Council/RSA Agenda 111 Tuesday, April 23, 2024
Third Amendment to the Consulting Services Agreement
Between City of Union City and RSE Corporation

Page 2 of 6 ends

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.

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:
___________________________
Thai Nam Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 112 Tuesday, April 23, 2024
Third Amendment to the Consulting Services Agreement
Between City of Union City and RSE Corporation

Page 3 of 6 ends

EXHIBIT A

SCOPE OF SERVICES
Union Pacific (UP) Railroad At-Grade Crossing Safety Improvements UP Mitigation Improvements related to
BART Pedestrian At-Grade Crossing, City Project No. 14-14 RSE appreciates the opportunity to continue to support the BART Pedestrian At-Grade Crossing Project to see the project through construction. RSE Corporation requests a budget amendment that will be used to provide final engineering design services for safety improvements of one railroad grade crossing, Decoto Road Grade Crossing DOT #834186V, UPRR Oakland Subdivision, located in the City of Union City.

RSE Corporation’s estimates assume that the additional efforts to develop the final engineering designs to the grade crossing improvement work also includes the traffic signal preemption of two adjacent intersections.
• Decoto Road Crossing (MP 26.2) – 11th Street and Station Way Intersections Task 1.0 - Project Management and Coordination
This task includes contract administration, coordination with the stakeholders, attending monthly meetings, and supporting the City on preparing the construction, maintenance, and operations agreement with the railroad.

Task 1.0 - Deliverables
• Monthly progress reports and invoices
• Meeting minutes and exhibits
• Project comments tracking matrix
• Draft agreement with the railroad
Task 2.0 - Final Design
This task includes development and submittal of final PS&E for grade crossing design and civil engineering improvements for the one at-grade crossing location and two intersections listed in this scope of work.
• Grade Crossing Site Plan Layouts
• Track Plan and Profile Drawings
• Grade Crossing Improvements Details
• Roadway and Sidewalk Improvement Plans
• Roadway Plan and Profile Drawings
• Utility plans
• Signing and Striping Plans
• Traffic Signal and Traffic Control Plans (See Task 3) • GO 88B Forms
• Specifications and Estimates
Task 2.0 - Design Assumption:
• Survey and mapping including locating utilities, mapping utilities, and mapping City Council/RSA Agenda 113 Tuesday, April 23, 2024
Third Amendment to the Consulting Services Agreement
Between City of Union City and RSE Corporation

Page 4 of 6 ends

right of way will be provided by the City.
• RSE will verify base mapping provided by the City and will perform field surveys to collect street centerlines for both directions at Decoto Road 300’ from the grade crossing.

Task 2.0 Deliverables:
• 65% Plans, Cost Estimate, and list of Technical Specifications - this includes progress plans including the latest UP comments. These will be developed with interdisciplinary coordination and review and will be submitted to the City, UP, and CPUC for review and comment.
• 100% PS&E – this includes progress plans, specifications, and estimates prepared to the 100% level and incorporates review comments and changes based on the 65% level review. These will be developed with interdisciplinary coordination and review and will be submitted to the City, UP, and CPUC for review and comment.
• Issued for Bid (IFB) -– These are the construction documents that incorporate 100% PS&E review comments and are ready for bid.
• GO 88B forms
Task 3.0 - Traffic Signal and Traffic Control Design
The concept development work included data collection and analysis to support the concept and meet requirements including vehicular traffic and queueing analysis, pedestrian analysis, and warning time and preemption analysis. This proposal progresses the traffic engineering concept design for the Decoto Road crossing to detailed design and construction documents.

The following provides an overview:
• Decoto Road crossing (DOT# 834186V)
• Two preempted/ interconnected traffic signals: (1) 11th Street and (2) Station Way. • Requirements include: two new queue cutter signals, and traffic signal and preemption interconnect.

Task 3.0 Deliverables:
• Queue Cutter Traffic Signal Plans – 2 sheets.
• Interconnect Plans and Details (preemption and traffic signal) – 2 sheets. • Signing and Striping Plans – 1 sheet.
• Traffic Control Plans – 3 sheets.

Task 4.0 - Bid Support
Assist the City of Union City in answering any questions during the IFB period from bidders about the design of the grade crossing.

Task 5.0 – Design Support During Construction (DSDC)
Assist the City of Union City in answering RFIs and Submittals from the awarded Contractor during the construction of the grade crossing. Assist the City of Union City in preparation of as-builts and record of drawings after completion of construction of the grade crossing.

City Council/RSA Agenda 114 Tuesday, April 23, 2024
Third Amendment to the Consulting Services Agreement
Rail Surveyors and Engineers, Inc.

Page 5 of 6 ends

SCHEDULE
The work for this proposal will commence with the approval from the City. These are the anticipated durations for the different submittals and reviews:
• 65% Submittal, 2 months after NTP
• 65% Submittal City of Union City and UPRR Review, 1 month • 100% Submittal, 2 months
• 100% Submittal City of Union City and UPRR Review, 1 month • IFB Submittal, 1 month
City Council/RSA Agenda 115 Tuesday, April 23, 2024
Third Amendment to the Consulting Services Agreement
Rail Surveyors and Engineers, Inc.

Page 6 of 6 ends

EXHIBIT B

COST PROPOSAL
The estimated distribution of hours dedicated to assisting the city with these activities is shown below and in further detail in the cost proposal:

RSE Corporation Task Breakdown
Task
No.:

Task Description Estimated Hours Estimated Budget

1.0 Project Management and
Coordination
145.0 $20,000

2.0 Final Design 450.0 $115,000

3.0 Traffic Signal and Traffic Control
Design
375.0 $100,000

4.0 Bid Support 20.0 $5,000

5.0 Design Support During Construction
(DSDC)

40.0 $10,000
Grand Total 1,030.0 $250,000
RSE Corporation Proposed 2024 Billing Rate Table
Employee Name Classification Billing Rate
Sanchez, Jorge Project Manager $300.00
Chin, Tze Ying Civil Engineer $175.00
Cheuk, Charlie Senior Civil Engineer $225.00
Leong, Phil Project Manager $300.00
Stack, Jason Traffic Engineer $250.00
Leong, Andrew Project Controls $110.00
City Council/RSA Agenda 116 Tuesday, April 23, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH RAIL SURVEYORS AND ENGINEERS, INC. (RSE), IN THE AMOUNT OF $250,000, FOR A TOTAL CONTRACT AMOUNT OF $425,000, TO PROVIDE

ENGINEERING SERVICES FOR RAILROAD AT-GRADE CROSSING SAFETY

IMPROVEMENTS FOR THE BART PEDESTRIAN AT-GRADE CROSSING, CITY PROJECT NO. 14-14
WHEREAS, 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 the Alameda County Transportation Commission (“Alameda CTC”), in the amount of $5,730,000 of Vehicle Registration Fee (“VRF”) Grant Funds for the Union City BART Station Improvements and Railroad Pedestrian Crossing Component; and
WHEREAS, the total cost for this project was estimated at $16,914,974 and funding was supplemented with other federal and local grants; and WHEREAS, the proposed BART pedestrian at-grade railroad crossing on the Oakland Subdivision will provide pedestrian and bicycle access across the Union Pacific Railroad (“UPRR”) tracks for an east-side connection to the Union City BART Station with the East Plaza and Transit-Oriented Development (“TOD”) area adjacent to 11th Street; and
WHEREAS, on May 9, 2019, the City entered into a Consulting Services Agreement with Rail Surveyors and Engineers, Inc. (“RSE”) (C5320), in the amount of $40,000, to provide engineering review and support for the Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, on July 9, 2019, the City Council adopted Resolution No. 5503-19, which authorized the City Manager to execute the Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with Union Pacific Railroad (“UPRR”) (C5376) for the BART Pedestrian Crossing (DOT 859611R) at the Oakland Subdivision (MP

27.08), in the amount of $228,200, for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, this UPRR agreement also identifies additional railroad at-grade safety improvements at existing locations throughout the City including at the Smith Street at-grade railroad crossing (Coast Subdivision), Whipple Road at-grade railroad crossing (Niles Subdivision), Decoto Road at-grade railroad crossing (Niles Subdivision) and Decoto Road at-grade railroad crossing (Oakland Subdivision); and WHEREAS, the Final Design of the BART Pedestrian At-Grade Crossing, City City Council/RSA Agenda 117 Tuesday, April 23, 2024
Resolution XXXX-24

Page 2 ends

Project No. 14-14, is led by HDR, Inc., for the civil engineering improvements, and by ROMA Collaborative for architectural design for the new BART Station east entrance interface and the architectural features such as railing, lighting, and landscaping for the new pedestrian at-grade crossing; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 5865-21, which approved the First Amendment to the Consulting Services Agreement with RSE (C5850), in the amount of $60,000, which allowed RSE to prepare railroad at-grade safety improvement plans according to UPRR’s railroad standards, as well as update the railroad signal preemption calculations at other UPRR railroad at-grade crossing locations along the Oakland Subdivision, the Niles Subdivision and the Coast Subdivision; and WHEREAS, on December 13, 2022, the City Council adopted Resolution No. 6053-22, authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with RSE (C5850b), in the amount of $75,000, for a total contract amount of $175,000, to continue to coordinate UPRR design review comments and provide engineering design services for railroad at-grade crossing safety improvements as identified in the Public At-Grade Pedestrian Crossing Agreement: BART Pedestrian Crossing with UPRR; and
WHEREAS, the Decoto Road at-grade railroad crossing (Oakland Subdivision MP

26.2) is located between the Station Way traffic signal to the west and the 11th Street traffic signal to the east -- this requires RSE to perform a signal preemption/interconnect analysis and an analysis of the signal timing with the railroad safety gates, which will be submitted to UPRR for a detailed review and approval before they can provide final costs required for updating the UPRR construction permit; and
WHEREAS, the Third Amendment to the Consulting Services Agreement with RSE, in the amount of $250,000, will allow the Consultant to continue to provide engineering services for the railroad at-grade crossing safety improvements, including incorporating and responding to UPRR’s review comments to complete the final Track Plan, Profile and Details, the Decoto Road Plan, Profile and Details, and the traffic signal railroad crossing and preemption/interconnect analysis for the adjacent city traffic signals for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and WHEREAS, the Third Amendment to the Consulting Services Agreement with RSE, in the amount of $250,000, will be funded with $200,000 of Public Improvement funds (Account Number 4160-3199-91414-54110) and $50,000 of Measure BB Bike & Ped funds (Account Number 2546-3199-91414-54110), as identified in the approved FiveYear Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to Fiscal Year 2027-2028.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Third Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc., in the amount of $250,000, for a total contract amount of $425,000, to provide engineering services for railroad at-grade crossing safety improvements for the BART Pedestrian At-Grade City Council/RSA Agenda 118 Tuesday, April 23, 2024
Resolution XXXX-24

Page 3 ends

Crossing Project, City Project No. 14-14.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
THAI NAM PHAM KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 119 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC & COMMUNITY DEVELOPMENT

DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE ALLOCATION OF PROGRAM YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS, IN THE AMOUNT OF $158,935, TO THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13,

TO COVER THE REDUCED FUNDING AMOUNT RECEIVED IN
PROGRAM YEAR 2022 THAT HAD BEEN ANTICIPATED FOR THIS

PROJECT, AND COMPLETE A MINOR AMENDMENT TO BOTH THE
PROGRAM YEAR 2022 AND THE PROGRAM YEAR 2023 CDBG ANNUAL

ACTION PLANS
Staff recommends that the City Council adopt a resolution approving the allocation of Program Year 2023 CDBG funds, in the amount of $158,935, to the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, to cover the reduced funding amount received in Program Year 2022 that had been anticipated for this project, and complete a minor amendment to both the Program Year 2022 and the Program Year 2023 CDBG AnnualAction Plans.

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

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

BACKGROUND
The City of Union City receives Community Development Block Grant (“CDBG”) funding on an annual basis from HUD. As part of the Program Year 2022 AnnualAction Plan, the City had anticipated receiving $556,130 in public facilities funding for the Old Alvarado/Cesar Chavez Parks Improvement Project (City Project 21- 13). However, the City was only allocated $397,195 for public facilities in Program Year 2022. Therefore, the City Council/RSA Agenda 120 Tuesday, April 23, 2024
City needed to use Special Parks Funds, in the amount of $158,935, to complete the Old Alvarado/Cesar Chavez Parks Improvement Project. A minor amendment will be made to the Program Year 2022 CDBG Annual Action Plan to add additional funding to the project. As of July 11, 2023, the project has been completed in accordance with project plans and specifications. In the Program Year 2023 CDBG Annual Action Plan, the City allocated $425,953 of its CDBG allocation to the Charles F. Kennedy Park Improvement Project (“Kennedy Park Project”) (City Project No. 24-15). The funding being proposed to be allocated to the Old Alvarado/Cesar Chavez Parks Improvement Project to cover the reduced funding received in Program Year 2022 will come from a minor amendment made to the Program Year 2023 Annual Action Plan to utilize similar public facility improvement project funds that have yet to be expended for the Charles F. Kennedy Park Improvement project.

DISCUSSION
The Old Alvarado/Cesar Chavez Parks Improvement Project was selected as a park project that best fit with the requirements of CDBG eligibility for public facilities projects. The park project made several improvements:

1. ADA/handicap access to all new park amenities and pathways.

2. New recreation areas – half basketballcourt and full volleyballcourt.

3. New decorative lighting fixtures.

4. New age-appropriate playground equipment and sustainable surfacing.

5. Updated Park picnic areas with new barbeques, shade sails, shade structure, tables, and benches.

The project has been completed in accordance with project plans and specifications as of July 11, 2023.

The CDBG public facilities funding that will be allocated to the Old Alvarado/Cesar Chavez Parks Improvement Project will come from the Kennedy Park Project, a similar public facilities improvement project from the current Program Year 2023. The Kennedy Park Project was awarded $425,953 in CDBG funding but due to a delay in the start of the project, the City has not been able to expend the funding as quickly as was originally anticipated. In order to meet HUD’s CDBG timeliness expenditure deadline, staff quickly pivoted to reallocate some of the unspent funding from the Kennedy Park Project to cover the reduced funding amount received in Program Year 2022 for the Old Alvarado/Cesar Chavez Parks Improvement Project. The reallocation of the funds is the most efficient way to utilize the CDBG funding for the park project while also allowing the City to meet its timeliness expenditure deadline of CDBG funds from HUD by May 2, 2024.

A minor amendment willalso be made to the current Program Year 2023 AnnualAction Plan to take the original allocation award amount of $425,953 to the Kennedy Park Project and reduce it by $158,935, leaving an allocation of $267,018 for the CDBG public facility activity (the Kennedy Park Project) in the current Program Year 2023. This will still leave a substantial amount of funding available for the Kennedy Park Project to continue to make equipment purchases and establish a contract with consultants for the overall design for the rehabilitation of the park. Moving forward, the Kennedy Park Project will also be able to receive additional funding allocations in the upcoming Program Years to ensure that any additional phases of the project can be funded. Also, by utilizing PY 2023 CDBG funds for the Old Alvarado/Cesar Chavez Parks Improvement Project, the City will be able to reallocate Special Parks Funds to other parks in Union City that also need rehabilitation but do not meet the federal guidelines for the CDBG program.

FISCAL IMPACT
There is no impact to the General Fund. Program Year 2023 CDBG Public Facilities funds, in the amount of City Council/RSA Agenda 121 Tuesday, April 23, 2024
$158,935, will be added to the Old Alvarado/Cesar Chavez Parks Improvement Project activity and the minor amendment to the funding will be updated in the Program Year 2022 Annual Action Plan. A minor amendment will also be completed in the current Program Year 2023 Annual Action Plan to reduce the Kennedy Park Project activity in the amount of $158,935.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving the allocation of Program Year 2023 CDBG funds, in the amount of $158,935, to the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, to cover the reduced funding amount received in Program Year 2022 that had been anticipated for this project, and complete a minor amendment to both the Program Year 2022 and the Program Year 2023 CDBG AnnualAction Plans.

Prepared by:

Francisco Gomez Jr., Housing & Community Development Manager Submitted by:

Francisco Gomez Jr., Housing & Community Development Manager ATTACHMENTS:

Description Type
Draft Resolution Resolution
City Council/RSA Agenda 122 Tuesday, April 23, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY APPROVING THE ALLOCATION OF

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

FUNDS TO COVER ADDITIONAL WORK FOR THE OLD

ALVARADO/CESAR CHAVEZ PARK IMPROVEMENT
PROJECT, CITY PROJECT NO. 21-13 AND COMPLETE A
MINOR AMENDMENT TO THE 2022-2023 CDBG ANNUAL

ACTION PLAN
WHEREAS, the City of Union City receives Community Development Block Grant (“CDBG”) funding on an annual basis from the U.S. Department of Housing and Urban Development (“HUD”), and as part of the requirements to receive this funding, the City must prepare and submit an Annual Action Plan (“Action Plan”) to HUD; and WHEREAS, the Action Plan assesses the City’s housing, community, and economic development needs, identifies available resources, and outlines a strategy on how the City plans to address those needs. The Annual Action Plan identifies specific programs and non-profits that will be funded in the upcoming year; and
WHEREAS, the City will make a minor amendment to the Program Year (PY) 2022-2023 Annual Acton Plan to add funding to the Old Alvarado/Cesar Chavez Park improvement Project; and
WHEREAS, the City will allocate $132,820 in unexpended CDBG grant funds from prior years to the Old Alvarado/Cesar Chavez Park Improvement Project to cover additional work on the project; and
WHEREAS, due to a change order on the project to address five dangerously deteriorated light pole foundations, which posed a safety hazard to the public and due to an increase in additional quantities in the original bid items for the project, created additional work and a need for additional funding in the amount of $132,820; and
WHEREAS, the project was substantially completed in April 2023 and fully completed by July 11, 2023; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby approve the allocation of unexpended CDBG grants funds in the amount of $132,820 to the Old Alvarado/Cesar Chavez Park improvement Project and complete a minor amendment to the PY2022-2023 Annual Action Plan to add those funds, attached hereto as Exhibit A, which is incorporated herein by reference; and
City Council/RSA Agenda 123 Tuesday, April 23, 2024
Resolution No. XXX-24
Allocate CDBG Funds for Old Alvarado/Cesar Chavez Park Project and Amend 2022-2023 Action Plan

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments

1. PY2022-2023 Annual Action Plan Amendment
City Council/RSA Agenda 124 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: WAIVE FURTHER READING AND ADOPTION OF AN ORDINANCE APPROVING A-24-001 TO UPDATE THE OFFICIAL UNION CITY ZONING MAP FOR CONSISTENCY WITH THE 2040 GENERAL PLAN
Staff recommends that the City Council waive further reading and adopt an Ordinance approving A-24-001 to amend the Official Union City Zoning Map for consistency with the 2040 General Plan.

The City Council held a public hearing and introduced the Ordinance at its April 9, 2024 meeting on a 5-0 vote. See Attachment 1 for the Ordinance and Exhibit showing the amendments to the City’s Official Zoning Map.

STRATEGIC PLAN ALIGNMENT
The proposed amendment is in alignment with the following:

Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)

BACKGROUND
The City Council held a public hearing and introduced an Ordinance at its April 9, 2024 meeting to update the Official Union City Zoning Map (A-24-001) for consistency with the 2040 General Plan.

The Planning Commission recommended approval of the Ordinance to the City Council at its March 21, 2024 meeting on a 5-0 vote.

DISCUSSION
The proposed amendments can be broken down into two categories. The first category includes sites which required both General Plan and Zoning Map amendments to better align with existing parcel lines, City Council/RSA Agenda 125 Tuesday, April 23, 2024
building locations, and historic and current land uses. The amendments willalso facilitate the redevelopment of sites and expansion of existing uses. These amendments are labeled Areas B1-B4. The associated General Plan amendments (AG-24-001) were approved at the April 9, 2024 City Council meeting.

The second category of Zoning Map amendments are part of implementation of the 2040 General Plan.

The proposed amendments will ensure a subject property’s zoning designation is consistent with its’ general plan designation, which is required by State law. These amendments are labeled Areas B5-B12.

For a more detailed overview of the proposed amendments, CEQA determination, Planning Commission recommendation, and public outreach process, see the April 9, 2024 City CouncilAgenda Item. .

FISCAL IMPACT
There is no impact to the General Fund as a result of the Project.

RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt an Ordinance approving A-24-001 to amend the Official Union City Zoning Map for consistency with the 2040 General Plan.

Prepared by:

Carmela Campbell, Economic and Community Development Director Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Draft Ordinance Ordinance
Exhibit B- Zoning Map Amendments Areas B1-B12 Exhibit
City Council/RSA Agenda 126 Tuesday, April 23, 2024

Page 1 of 3 ends

ORDINANCE NO. XXX-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF UNION CITY ADOPTING AMENDMENTS TO THE
CITY’S OFFICIAL ZONING MAP (A-24-001) FOR
CONSISTENCY WITH THE 2040 GENERAL PLAN
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, staff initiated amendments to the General Plan Land Use Diagram (AG-24- 001) and Official Zoning Map (A-24-001) for multiple sites, both for consistency with the 2040 General Plan and to better align with existing parcel lines, building locations, and historic and current land uses or to address a parcel that has an incorrect designation (“Project”); and WHEREAS, the City Council desires to amend the City’s Official Zoning Map as detailed in the attached Exhibit A, attached hereto and made a part hereof, and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on March 21, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item dated March 21, 2024, and all written and oral testimony, and adopted Resolution No. 4-24 recommending adoption of the CEQA Addendum prepared for the Project and Resolution No. 5-24 recommending approval of the General Plam and Zoning amendments. The Staff Report, Desk Item, and Planning Commission Resolutions are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on April 9, 2024, at which time all interested parties had the opportunity to be heard.

The City Council considered a staff report dated April 9, 2024 (including background reports), incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments.

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

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

SECTION 2. CEQA. The City Council adopted Resolution No. 6280-24, dated April 9, 2024, and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the amendments to the City’s Official Zoning Map (A-24-001).

City Council/RSA Agenda 127 Tuesday, April 23, 2024
Ordinance No. XXX-24
Zoning Map Amendment Ordinance (A-24-001)

Page 2 of 3 ends

SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.

1. The proposed Municipal Code Amendments are consistent with the General Plan,

2. The proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18.

SECTION 4. Approval. The City Council hereby approves the amendments to the City’s Official Zoning Map, labeled Exhibit B, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 128 Tuesday, April 23, 2024
Ordinance No. XXX-24
Zoning Map Amendment Ordinance (A-24-001)

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 23rd day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – City of Union City Official Zoning Map Amendment City Council/RSA Agenda 129 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B1
Proposed Zoning – Area B1
City Council/RSA Agenda 130 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B2
Proposed Zoning – Area B2
City Council/RSA Agenda 131 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B3
Proposed Zoning – Area B3
City Council/RSA Agenda 132 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B4
Proposed Zoning – Area B4
City Council/RSA Agenda 133 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B5
Proposed Zoning – Area B5
City Council/RSA Agenda 134 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B6
Proposed Zoning – Area B6
City Council/RSA Agenda 135 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B7
Proposed Zoning – Area B7
City Council/RSA Agenda 136 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B8
Proposed Zoning – Area B8
City Council/RSA Agenda 137 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B9
Proposed Zoning – Area B9
City Council/RSA Agenda 138 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B10
Proposed Zoning – Area B10
City Council/RSA Agenda 139 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B11
Proposed Zoning – Area B11
RM 1500
City Council/RSA Agenda 140 Tuesday, April 23, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B12
Proposed Zoning – Area B12
City Council/RSA Agenda 141 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRIS KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FURTHER READING AND ADOPT AN ORDINANCE TO AMEND CHAPTER 2.05 “CAMPAIGN REPORTING REQUIREMENTS” IN THE

UNION CITY MUNICIPAL CODE FOR ENHANCED CLARITY AND

TRANSPARENCY IN CAMPAIGN REPORTING
Staff recommends that the City Council waive the full further reading adopt the proposed ordinance amending Chapter 2.05 “Campaign Reporting Requirements” of the Union City Municipal Code. This ordinance aims to clarify the campaign reporting requirements for candidates for elective office, ensuring increased transparency and understanding among candidates and the public. Specifically, the ordinance introduces a more precise filing deadline and clearly defines the coverage period for pre-election campaign statements in accordance with the Political Reform Act of 1974 and the City's commitment to transparent electoral processes.

STRATEGIC PLAN ALIGNMENT
Goal B. Governance and Organization Effectiveness: Produce high-quality services to the community through a commitment to local government best practices and employee development, support, and retention.

This Ordinance seeks to enhance the transparency and accountability of the City’s electoral processes by refining campaign finance reporting requirements. This initiative will facilitate candidates' compliance with reporting obligations and contribute to an informed electorate, thereby upholding the integrity of Union City’s elections.

BACKGROUND
At the April 9, 2024 City Council Regular Meeting, the City Council introduced an ordinance amending Chapter 2.05 "Campaign Reporting Requirements" with a 5-0 vote. Key aspects of the ordinance introduced include:

1. Codification of existing provisions for clarity and ease of access within the Municipal Code; City Council/RSA Agenda 142 Tuesday, April 23, 2024

2. Specification of precise filing deadlines and coverage periods to eliminate ambiguities around campaign statement submissions; and

3. Introduction of Section 2.05.015, requiring candidates to acknowledge receipt of Union City Municipal Code Chapter 2.05.

DISCUSSION
The ordinance presented for adoption remains unchanged from that introduced at the City Council meeting on April 9, 2024. The April 9, 2024 staff report is attached.

FISCAL IMPACT
The adoption of this ordinance does not entaila direct fiscal impact on the City. The amendments are designed to improve clarity and compliance without necessitating additional resources.

RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt the proposed ordinance amending Chapter 2.05 “Campaign Reporting Requirements” in the Union City Municipal Code.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Draft Ordinance - Chapter 2.05 Ordinance
Exhibit A -Amended Chapter 2.05 - Clean Copy Exhibit
Exhibit B-Amended Chapter 2.05 - Redlined Copy Exhibit
April 9, 2024 Staff Report Attachment
City Council/RSA Agenda 143 Tuesday, April 23, 2024
ORDINANCE NO. XXX-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UNION CITY AMENDING CHAPTER 2.05 “CAMPAIGN
REPORTING REQUIREMENTS” OF THE UNION CITY

MUNICIPAL CODE TO CLARIFY CAMPAIGN

REPORTING REQUIREMENTS FOR ELECTIVE OFFICE

CANDIDATES
WHEREAS, the City of Union City previously adopted Ordinance No. 410-93, establishing foundational campaign reporting requirements to enhance transparency and accountability in electoral processes; and
WHEREAS, comprehensive campaign reporting is essential to inform the public about the sources of electoral funding and how such funds are expended; and WHEREAS, the Political Reform Act of 1974 provides a foundational framework for campaign reporting, yet the City recognizes the need for additional clarity and specificity to better serve the unique needs and expectations of the Union City community; and WHEREAS, in pursuit of continuing transparency and accountability, and to provide clearer guidance to candidates and committees, the City Council finds it necessary to further amend the Union City Municipal Code to refine and clarify campaign reporting requirements; and WHEREAS, the adoption of additional pre-election campaign statement requirements under this ordinance enhances the City's commitment to transparent and accountable election campaigns, ensuring voters are well-informed about candidate funding and spending; and WHEREAS, the City recognizes the importance of keeping pace with evolving best practices in governance and electoral management to foster an informed electorate and fair elections;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals (“Recitals”) are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 3. Chapter 2.05 of the Union City Municipal Code entitled "Campaign Reporting Requirements" is hereby amended to read as displayed in Exhibit A (clean copy), and for reference Exhibit B (redlined), incorporated and made a part of this Ordinance.

City Council/RSA Agenda 144 Tuesday, April 23, 2024
Ordinance No. XXX-24

Page 2 of 2 ends

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

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this X day of X 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – Amended Chapter 2.05 “Campaign Reporting Requirements”

2. Exhibit B – Amended Chapter 2.05 “Campaign Reporting Requirements” (Red-lined) City Council/RSA Agenda 145 Tuesday, April 23, 2024
Exhibit B
Exhibit A (Clean Copy)
Chapter 2.05

CAMPAIGN REPORTING REQUIREMENTS
§ 2.05.010 Campaign Filing and Reporting Requirements
A. Standard Reporting: All candidates for elective office in the City of Union City must adhere to the campaign reporting requirements established under the Political Reform Act of 1974, including the filing of campaign statements as prescribed by state law.

B. Additional Pre-Election Statement Requirement:
(i) Filing Requirement: In addition to the state law required filing of campaign statements, each recipient committee formed in conjunction with an election for a municipal office shall file one additional recipient committee pre-election campaign statement with the City Clerk. (ii) Filing Deadline: This statement must be filed four (4) calendar days before the election, no later than 2:00 p.m.
(iii) Coverage Period: The additional pre-election statement shall cover the period from the day after the last date of the most recent pre-election statement required by state law to seven (7) calendar days before the election.

C. Definitions: For the purposes of this Chapter, all definitions included in the Political Reform Act of 1974 as they relate to reporting requirements shall apply. § Section 2.05.015 Acknowledgment of Requirements
Each candidate shall sign and submit a form provided by the City Clerk acknowledging receipt of Union City Municipal Code Chapter 2.05 and understanding of the campaign filing and reporting requirements specified in the Union City Municipal Code.
§ 2.05.020 Contributions included in report.

The reports submitted in accordance with this chapter shall include contributions received and expenditures made by candidates up to midnight of the Wednesday before the scheduled general municipal election. § 2.05.030 Applicable definitions.

All definitions included in the Political Reform Act of 1974 as they relate to reporting requirements shall be used by candidates in submitting this additional report. § 2.05.040 Reserved
§ 2.05.050 Electronic filing.

A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Government Code Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than two thousand dollars, and makes expenditures totaling less than two thousand dollars in a calendar year, shall file those statements, reports, or other documents online or electronically with the City Clerk.

City Council/RSA Agenda 146 Tuesday, April 23, 2024
Exhibit B
B. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

C. If the City Clerk's electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.

D. The electronic filing system will operate securely and effectively and will not unduly burden filers.

Specifically, the electronic filing system will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert data; the electronic filing system will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and the electronic filing system will be available free of charge to filers and to the public for viewing filings.

City Council/RSA Agenda 147 Tuesday, April 23, 2024
Exhibit B
Chapter 2.05

CAMPAIGN REPORTING REQUIREMENTS
§ 2.05.010 Campaign Filing and Reporting Requirements(Reserved) A. Standard Reporting: All candidates for elective office in the City of Union City must adhere to the campaign reporting requirements established under the Political Reform Act of 1974, including the filing of campaign statements as prescribed by state law.

Candidate shall sign a form acknowledging receipt of a copy of City Ordinance 410-93 requiring the filing of expenditures and contribution reports as required by the Union City Municipal Code. § 2.05.050 Electronic filing.

B. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

Formatted: Left: 0.79", Right: 0.39", Top: 0.39",
Bottom: 0.39"
City Council/RSA Agenda 148 Tuesday, April 23, 2024
Exhibit B
C. If the City Clerk's electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.

D. The electronic filing system will operate securely and effectively and will not unduly burden filers.

City Council/RSA Agenda 149 Tuesday, April 23, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRIS KOKOTAYLO, CITYATTORNEY
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 2.05 “CAMPAIGN REPORTING REQUIREMENTS” IN THE UNION CITY MUNICIPAL CODE FOR ENHANCED CLARITY AND

TRANSPARENCY IN CAMPAIGN REPORTING
Staff recommends that the City Council waive the full reading and introduce by title only the proposed ordinance amending Chapter 2.05 “Campaign Reporting Requirements” of the Union City Municipal Code. This ordinance aims to clarify the campaign reporting requirements for candidates for elective office, ensuring increased transparency and understanding among candidates and the public. Specifically, the ordinance introduces a more precise filing deadline and clearly defines the coverage period for pre-election campaign statements in accordance with the Political Reform Act of 1974 and the City's commitment to transparent electoral processes.

BACKGROUND
Since the enactment of Ordinance No. 410-93, which established foundational campaign reporting requirements, there has been a recognized need for further clarity and specificity in these regulations. This has been highlighted by the evolving requirements of campaign finance reporting and stakeholder feedback, indicating areas for improvement to ensure clarity and ease of compliance.

DISCUSSION
The proposed ordinance amends Chapter 2.05 "Campaign Reporting Requirements" of the Union City Municipal Code to enhance clarity and ensure transparency in campaign reporting by candidates for elective office. This amendment focuses on three main areas:

1. Precise Filing Deadlines and Coverage Periods: The amendment specifies that the additional pre-election campaign statement must be filed four (4) calendar days before the election, no later than 2:00 p.m. This clarification ensures that allcandidates understand the exact timing for their reporting obligations. Additionally, it defines the coverage period for this statement to extend from the day after the last date of the most recent pre-election statement required by state law to seven (7) calendar days before the election. This adjustment aims to eliminate any ambiguity regarding the reporting timeline, facilitating accurate and timely submissions.

2. Acknowledgment of Reporting Requirements: An addition to the ordinance is Section 2.05.015, "Acknowledgment of Requirements." This new section mandates that each candidate must sign and submit a form, provided by the City Clerk, acknowledging their receipt of Union City Municipal Code Chapter 2.05. This is similar to the previous requirement, but now referencing the municipal code instead of Ordinance No. 410-93.

3. Repeal of Redundant Section: To streamline the Municipal Code and avoid redundancy, Section 2.05.040 has been repealed and reserved for future use. This section previously required candidates to acknowledge receipt of City Ordinance 410-93, a requirement now comprehensively covered by the newly added Section 2.05.015.

FISCAL IMPACT
City Council/RSA Agenda 150 Tuesday, April 23, 2024
The introduction and implementation of the proposed ordinance are not expected to incur any significant fiscal impact on the City. The amendments are designed to refine and clarify existing procedures without requiring additional resources.

RECOMMENDATION
Staff recommends Council to waive the full reading and introduce by title only the proposed ordinance amending Chapter 2.05 “Campaign Reporting Requirements” in the Union City Municipal Code.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Draft Ordinance - Chapter 2.05 Ordinance
Exhibit A -Amended Chapter 2.05 - Clean Copy Exhibit
Exhibit B-Amended Chapter 2.05 - Redlined Copy Exhibit
Item7.c. Powerpoint Attachment
REVIEWERS:

Department Reviewer Action Date
City Manager’s Department Malloy , Joan Approved 4/3/2024 - 4:13 PM City Manager’s Department Malloy , Joan Approved 4/3/2024 - 5:17 PM City Council/RSA Agenda 151 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY DEVELOPMENT

DIRECTOR
SUBJECT: HOLD A PUBLIC HEARING AND CONTINUE TO A DATE UNCERTAIN TO ADOPT A RESOLUTION 1) APPROVING THE 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AND 2) AUTHORIZING THE CITY MANAGER TO SUBMIT THE 2024/2025 CDBG ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT AND TO EXECUTE ALL DOCUMENTS NECESSARY

TO SECURE AND AWARD FUNDING FOR THE CITY
Staff is requesting that the City Council open the public hearing for consideration of the FY 2024-2025 Community Development Block Grant (“CDBG”) Annual Action Plan and then continue the item to a date uncertain.

STRATEGIC PLAN ALIGNMENT
There is not specific Strategic Plan goal or strategy to address the review and approval of the CDBG AnnualAction Plan.

BACKGROUND
Each year the City Council is required to hold a public hearing to approve the City’s CDBG Annual Action Plan to receive its CDBG allocation. The Annual Action Plan outlines how the CDBG funds are going to be spent for the coming year. The City Council can view a draft of the Annual Action Plan on the City’s CDBG webpage at Community Development Block Grant Program | Union City, CA .

DISCUSSION
The request to continue the public hearing is because the Department of Housing and Urban Development (“HUD”) has not yet released the City’s CDBG allocation. Based on initial communications with HUD, staff anticipated that this information would be available in time for the April 23 City Council meeting and published a public hearing notice in the Tri-City Voice, as required. Now, the public hearing must be opened to accept any comments from the public who may be attending. Staff is then requesting that the City Council continue the item to a date uncertain.

City Council/RSA Agenda 152 Tuesday, April 23, 2024
Based on the most recent feedback from the City’s HUD representative, it is anticipated that staff will bring back the item to the City Council for review in the May/June timeframe.

For the purposes of the draft report that is posted on the City's website and attached via the link above, staff utilized the FY 2023/2024 allocation amount as a placeholder in the draft Annual Action Plan in anticipation of receiving the updated allocation amount prior to approval by the City Council. The allocation amount does not vary much from year-to-year so it is not anticipated that there will be a significant difference between the FY 2023/2024 and FY 2024/2025 allocations.

FISCAL IMPACT
There is no fiscal impact to the General Fund to open and continue the review of the CDBG AnnualAction Plan.

RECOMMENDATION
Hold the public hearing and approve the request for a continuance to a date uncertain for 1) approval of the 2024- 2025 Community Development Block Grant (CDBG) AnnualAction Plan and 2) Authorization for the City Manager to submit the 2024-2025 CDBG AnnualAction Plan to the U.S. Department of Housing and Urban Development and to Execute All Documents Necessary to Secure and Award Funding for the City.

Prepared by:

Francisco Gomez Jr., Housing & Community Development Manager Submitted by:

Francisco Gomez Jr., Housing & Community Development Manager City Council/RSA Agenda 153 Tuesday, April 23, 2024
Agenda Item
DATE: 4/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDMENT TO THE LANDFILL, COMPOST, AND

RECYCLE COLLECTION SERVICES FRANCHISE AGREEMENTS WITH
REPUBLIC SERVICES AND TRI-City COMMUNITY RECYCLING TO
INCLUDE COSTS IN THE CONTRACTOR’S COMPENSATION AND
RATES IN FY 2024-2025 THAT ARE ASSOCIATED WITH NEW
AGREEMENTS FOR SERVICES FROM FY 2025-2026 THROUGH FY 2034- 2035 AND DIRECTING STAFF TO FINALIZE THE NEW AGREEMENTS

PROVIDING FOR AN ADDITIONAL TEN-YEAR TERM OF SERVICES
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an amendment to the current Franchise Agreements (Agreements) for Landfill, Compost, and Recycle collection services (Services) with Republic Services and Tri-City Economic Development Corporation (Tri-CED), in a form approved by the City Attorney, that will formalize the parties’ intent to proceed with drafting new agreements to provide Services for a ten (10) year term commencing July 1, 2025 through June 30, 2035 (the New Agreements) and include related costs in the FY 2024-2025 compensation paid to Republic Services and Tri-CED. Staff will bring the New Agreements, once finalized, before City Councilat a future meeting date for approval.

STRATEGIC PLAN ALIGNMENT
This report is in alignment with the following City Council priority:

Goal D: Environmental Sustainability and Infrastructure Strategy 12: Coordinate with City departments, commercialand residentialcustomers to implement the requirements of state organics and food recovery legislation.

BACKGROUND
City Council/RSA Agenda 154 Tuesday, April 23, 2024
The City executed eight (8) and ten (10) year extensions to the Agreements for Landfill, Compost and Recycle collection services with Republic Services and Tri-CED in 2015 and 2017, respectively. The term of these Franchise Agreements expire on June 30, 2025. On March 26, 2024, the City Council provided staff direction to proceed with the New Agreements with Republic Services and Tri-CED on the condition that the City, Republic Services, and Tri-CED explore additionalcost savings.

DISCUSSION
The City and its franchise collection services partners, Republic Services and Tri-CED, commenced ten (10) year contract extension discussions in October 2023 and concluded these negotiations recently. The City received cost proposals from the companies that address several program and service needs that are deficient in the current contracts. These needs include providing new residential carts to customers and repainting the commercial bins to ensure color-coding compliance with SB 1383. For example, SB 1383 requires recycling containers to be blue, but Union City’s recycling containers are currently gray for residential and white for commercial, and it requires landfill containers to be gray or black, but Union City’s landfill containers are currently blue for both residentialand commercial.

As part of the New Agreements, both companies are requiring cost increases in current services provided such as compost processing costs (Republic Services, 107.0% increase but spread over two years to reduce the rate impact) and recycling processing costs (Tri-CED, 117.9% increase commencing FY 2024-2025), as well as ample compensation to provide new programs/services. Below is a list of the programs and services that are included in the cost increases associated with the New Agreements:

Blue Residential Recycling Carts (Tri-CED)
Green Residential Compost Carts (Republic Services/Tri-CED) Black Residential Landfill Carts (Republic Services)
Blue Commercial Bins (repainted) (Republic Services)
Black Commercial Bins (repainted) (Republic Services)
Additional public education and outreach staffing (Tri-CED) Increased Composting Cost (Republic Services)
Increased Recycling Processing Cost (Tri-CED)
Providing Compost Carts and Service to Underserved Residential Customers (Republic Services/Tri-CED)
Providing Residential Customers Direct Billing Services (Republic Services – will commence in FY 2025-2026)
In addition, both Republic Services and Tri-CED agreed to proceed with components of the ten (10) year contract extensions a year early, during FY 2024-2025, with the caveat that the City begin including certain costs a year early as well. Included in the proposed rates for FY 2024-2025 is compensation to the respective companies for the following:

Republic Services (7.29% Single-family rate increase for FY 2024-2025) Increased Compost Processing Expense
Green Residential Compost Carts
Black Residential Landfill Carts
Blue Commercial Bins (repainted)
Black Commercial Bins (repainted)
Green Commercial Bins (repainted)
Tri-CED (24.65% Single-family rate increase for FY 2024-2025) Increased Recycling Processing Expense
City Council/RSA Agenda 155 Tuesday, April 23, 2024
Blue Residential Recycling Carts
At the March 26, 2024 City Council meeting, the City Council provided direction to staff to proceed with moving forward with the New Agreements with Republic Services and Tri-CED on the condition that Republic Services, Tri-CED, and the City explore additional cost savings. The contractually prescribed index-based compensation adjustment for FY 2024-2025 and additional compensation for New Agreement related costs that are applied to FY 2024-2025 results in the following compensation and hence rate increases for FY 2024- 2025:

7.29% for Republic Services (Index-based Only 2.65%)

24.65% for Tri-CED (Index-based Only 2.99%)

12.01% Combined for Single-Family Customers (Index-based Only 2.74%) Prior to that meeting, Tri-CED offered concessions resulting in cost savings via a $45,000 annual deduction in vehicles expense and reducing its recycling processing cost commencing in year 4 of the New Agreement by

13.1% through the end of the contract. The reduction in vehicles expense lowers their FY 2024-2025 rate increase from 26.19% to 24.65%. For context, if the future recycling processing cost savings were applied to FY 2024-2025, it would reduce Tri-CED’s FY 2024-2025 compensation/rate increase from 24.65% to 21.23%.

Republic Services agreed to a variety of cost savings measures including reducing their cost of borrowing for capital expense from a 10.0% to 7.0% interest rate, reducing their compost processing cost per ton from $125.00 to $120.00, and reducing compost collection vehicles expense. These savings total approximately $106,000 annually and equate to reducing their FY 2024-2025 compensation and rate increase from 7.79% to

7.29%.

The City reduced an index-based adjustment to some City fees accrued, resulting in savings of $97,300, which results in decreasing Republic Services compensation/rate increase from 7.80% to 7.29%. Combined, the Republic Services and City direct savings result in reducing Republic Services rate increase from 8.25% to

7.29% or the combined Republic Services and Tri-CED rate increase from 12.90% to 12.01%.

Lastly, an option to save additionalcost is to forego replacing the green compost collection service carts which have been in service for twenty (20) years. Retaining these carts for future use would entail relabeling them to be SB 1383 compliant and require additional expense to purchase replacement carts. These expenses to use the old green carts offset the potential savings of foregoing purchase of new carts and the resulting reduction equates to reducing the combined Republic Services and Tri-CED rate increase from 12.22% to 11.79% for FY 2024-2025. (Single-family rate reduction of $0.30 per month or $3.60 per year.) It is important to note that the key service delivery change that will be realized by residents associated with the New Agreements and additional expense for the extension in the FY 2024-2025 rates, is related to the delivery of new carts to residents. Republic Services, Tri-CED, and the City are anticipating deployment of the new carts in the spring of 2025 and the current cost package includes delivery of a new complete set of carts to all households (Blue Recycle cart, Green Compost cart, Black Landfillcart).

FY2024-2025 Compensation and Rate Increase
Tables 1 and 1.A below show the calculated annual and monthly rates for Single-family customers for the contractually obligated index-based only compensation/rate increase for FY 2024-2025.

City Council/RSA Agenda 156 Tuesday, April 23, 2024
Tables 2 and 2.A below show the calculated annual and monthly rates for Single-family customers for the contractually obligated index-based only compensation/rate increase and the additional costs associated with the New Agreements applied to FY 2024-2025.

City Council/RSA Agenda 157 Tuesday, April 23, 2024
Tables 3 and 3.A below show the calculated annual and monthly rates for parcelized multi-family customers for the contractually obligated index-based only compensation/rate increase for FY 2024-2025.

Tables 4 and 4.A below show the calculated annual and monthly rates for parcelized multi-family customers for the contractually obligated index-based only compensation/rate increase and the additional costs associated with the New Agreements applied to FY 2024-2025.

City Council/RSA Agenda 158 Tuesday, April 23, 2024
Tables 5 and 5.A below show the calculated monthly rates for common service levels for commercial customers for the contractually obligated index-based only compensation/rate increase (Table 5) and the additionalcosts associated with the New Agreements applied to FY 2024-2025 (Table 5.A).

City Council/RSA Agenda 159 Tuesday, April 23, 2024

FISCAL IMPACT
There is no fiscal impact with staff’s recommendation to adopt a resolution authorizing the City Manager to execute an amendment to the Agreements which accomplishes formalizing agreements with Republic Services and Tri-CED to include New Agreement related costs in the FY 2024-2025 compensation/rates and directing staff to finalize the New Agreements. The associated fiscal impact with this recommendation will be realized when the City Council approves rates for FY 2024-2025 with the conclusion of the Proposition 218 noticing and public hearing scheduled for June 11, 2024.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an amendment to the current Franchise Agreements for Landfill, Compost, and Recycle collection services with Republic Services and Tri-CED, in a form approved by the City Attorney, that will formalize the parties’ intent City Council/RSA Agenda 160 Tuesday, April 23, 2024
to proceed with drafting new agreements to provide Services for a ten (10) year term commencing July 1, 2025 through June 30, 2035 and include related costs in the FY 2024-2025 compensation paid to Republic Services and Tri-CED. Staff will bring the New Agreements, once finalized, before City Council at a future meeting date for approval.

Prepared by:

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

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Resolution - Republic and TriCEDAgreements Resolution
Exhibit A – Draft First Amendment to the FranchiseAgreement with Republic Services for Landfill, Compost and Recycle Collection Services
Exhibit
Exhibit B– Draft First Amendment to the FranchiseAgreement with Tri-CEDfor Recycling Collection and Processing Services Exhibit
City Council/RSA Agenda 161 Tuesday, April 23, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE LANDFILL, COMPOST, AND RECYCLE

COLLECTION SERVICES FRANCHISE AGREEMENTS WITH

REPUBLIC SERVICES AND TRI-CITY COMMUNITY RECYCLING TO
INCLUDE COSTS IN THE CONTRACTOR’S COMPENSATION AND
RATES IN FY 2024-2025 THAT ARE ASSOCIATED WITH NEW
AGREEMENTS FOR SERVICES FROM FY 2025-2026 THROUGH FY
2034-2035 AND DIRECTING STAFF TO FINALIZE THE NEW

AGREEMENTS PROVIDING FOR AN ADDITIONAL TEN-YEAR TERM

OF SERVICE
WHEREAS, the City entered into separate Franchise Agreements (“Agreements”) with Republic Services (formerly Allied Waste Services) and Tri-City Economic Development Corporation (“Tri-CED”) to provide landfill (solid waste), compost (organic waste), and recycle collection and processing service (the “Services”); and WHEREAS, the term of the Agreements with Republic Services and Tri-CED both expire on June 30, 2025; and
WHEREAS, under the terms of the Agreements, Republic Service, Tri-CED, and the City may explore extending the Agreements based on mutually agreed terms and conditions, including the duration of an Agreement extension; and
WHEREAS, the City, Republic Services, and Tri-CED have agreed in principle to the terms, conditions, and costs to provide the Services for an additional ten (10) years that will commence on July 1, 2025 and last through June 30, 2035 (the “New Agreements”); and WHEREAS, the City, Republic Services, and Tri-CED have further agreed to include costs related to the New Agreements in the compensation paid to the companies and rates charged to ratepayers for FY 2024-2025; and
WHEREAS, both Republic Services and Tri-CED have agreed to execute a First Amendment (“Amendment”) to their respective Agreements in order to formalize the inclusion of specific costs in each company’s respective FY 2024-2025 compensation application(s) that are related to the New Agreements; and
WHEREAS, both Republic Services and Tri-CED have reviewed the draft Amendment(s), attached hereto and incorporated herein by reference as Exhibit A and Exhibit B, respectively, and have committed in principle to executing the Amendment timely with the City in order to facilitate including the identified costs related to the New Agreements in their FY 2024-2025 compensation applications.

City Council/RSA Agenda 162 Tuesday, April 23, 2024
Resolution No. XXXX-24

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Union City City CouncilApril 23, 2024

Union City City Council
April 23, 2024