Agenda packet, regular meeting — Union City City Council, February 25, 2025 (part 1 of 2)

AGENDA

CITYOF UNION CITY/

SUCCESSOR AGENCYTO THE REDEVELOPMENT AGENCYMEETING
GARYSINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAIME PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, February 25, 2025
7:00 PM
CityHall - Council Chamber
34009Alvarado-Niles Road Union City, CA94587

1. CALL TO ORDER

1.1. Pledge ofAllegiance

1.2. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.1. Proclamation Recognizing February asAmerican Heart Month

3.2. Proclamation Recognizing the Life-Saving Actions of Ruggieri Center Staff and Community Members

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 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.

4.1. 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.

5.2. Approve the Action Minutes of the February 8, 2025 City Council and Planning Commission Joint Special Meeting
City Council/RSA Agenda 1 Tuesday, February 25, 2025

5.3. Approve the Action Minutes of February 11, 2025 City Council Special Closed Session

5.4. Approve theAction Minutes of February 11, 2025 City Council Special Meeting

5.5. Approve theAction Minutes of February 11, 2025 City Council Regular Meeting

5.6. Adopt a Resolution Amending the City of Union City's Conflict of Interest Code to Include the Positions of Neighborhood Preservation Inspector and Accounting Manager and Remove the Budget Manager/PurchasingAgent Position

5.7. Adopt a Resolution Accepting $75,000 from the California Department of Resources, Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program for the Citywide Street Pavement Rehabilitation Project (City Project No. 25-01) and Amending the Fiscal Year 2024-2025 Capital Projects Fund Budget

5.8. Adopt a Resolution Accepting Completion of the Mariner Park Play Equipment and Surface Replacement Project (City Project No. 24-13)

5.9. Adopt a ResolutionAuthorizing the City Manager to Execute the Third Amendment to the Consulting ServicesAgreement with Park Engineering in theAmount of $100,000, for a Total Not-to-Exceed Contract Amount of $374,000, for Encroachment Permit Inspection Services

5.10. Adopt a Resolution Approving an Amendment to the Class Specifications for the Classifications of Preschool Site Supervisor I and Preschool Site Supervisor II

6. PUBLIC HEARINGS - None

7. CITYMANAGER REPORTS

7.1. Economic Development Strategic Plan Update Progress Report

7.2. Consider Recommendation from the Legislation and Policy Committee Regarding the Larry Orozco Teen Workshop Building and Garden to Prepare a Building Evaluation

7.3. General Fund Financial Results for Fiscal Year 2023-2024 (Unaudited) and Adoption of a ResolutionApproving Fiscal Year 2023-2024 BudgetAmendments and Transfers

7.4. Adopt a Resolution to Standardize the Appointment and Expiration Dates for New Appointments to All Boards, Commissions, and Committees; Waive Full Reading and Introduce by Title Only an Ordinance of the City Council of the City of Union City Amending Section 2.20.040 “Commissioner Attendance Standards,” Chapter 2.21 “Park and Recreation Commission” Sections 2.21.020 and 2.21.030, and Chapter 2.25 “Senior Citizens Commission” Sections 2.25.020 and 2.25.030 of the Union City Municipal Code to Revise Attendance Standards and Decrease Commission Membership from Seven to Five

8. SUCCESSOR AGENCYTO REDEVELOPMENT AGENCY- None

9. AUTHORITIES AND AGENCIES - None

10. CITYCOMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BYCOUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None

14. ADJOURNMENT

MEETING INFORMATION
Regular City Council meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers, City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.

Meetings can also be observed via Zoom: http://citycouncil-live.unioncity.org City Council/RSA Agenda 2 Tuesday, February 25, 2025
Meetings are broadcast live on UCTV Channel 15 and live-streamed on the City's website:
https://www.unioncity.org/199/City-Meetings-Video.

Public Comment: Members of the public cannot provide comments via Zoom unless specifically permitted, as detailed below. Remote access is subject to technical availability. If the Zoom platform or other technology fails, the City Council will proceed with the meeting in person unless prohibited by law.

Public Records: Documents related to agenda items are available for review on the City's website (https://www.unioncity.org) or during business hours at the City Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.

Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting. Closed captioning is available for all regular City Council meetings.

ADDRESSING THE CITY COUNCIL
In-Person Public Comment:

Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address. Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.

Written Comment:

To submit written comments on an agenda item or during Public Comment, please email:
[email protected]. Include "public comment" in the subject line and reference the agenda item number. Written comments will be forwarded to the City Council and made publicly available.

Public Comment via Zoom:

As noted above, the public may not address the Council via Zoom unless required by AB 2449. If the City is required to provide this opportunity, the Mayor will announce it at the beginning of the meeting. If allowed, raise your virtual hand on Zoom to indicate that you would like to speak on a specific agenda item.

CITY COUNCIL NORMS AND GUIDELINES
(Resolution No. 6129-23; Adopted May 23, 2023)
The Union City Council abides by 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 City Council/RSA Agenda 3 Tuesday, February 25, 2025
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 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 and agenda were posted on the City's website and the City Hall bulletin board at least 72 hours prior to the meeting date, in compliance with the Ralph M. Brown Act. /s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency City Council/RSA Agenda 4 Tuesday, February 25, 2025
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 5 Tuesday, February 25, 2025

Recognizing February 2025 as American Heart Month and
Celebrating the Partnership Between Washington Health and Union City for the Heart Smart Walking Challenge

WHEREAS, February is recognized as American Heart Month, a time to raise awareness about heart disease—the leading cause of death for both men and women in the United States—serving as a national call to action for heart health education, prevention, and support for life-saving research since its first declaration in 1964; and
WHEREAS, a study conducted by Washington Health identified concerning heart health trends in Union City, leading to a collaborative effort with the Community and Recreation Services Department in 2024 to host two community health fairs focused on heart health awareness; and WHEREAS, recognizing the need for ongoing engagement in heart health, Union City partnered with Washington Health to create the Union City Heart Smart Walking Challenge, an initiative designed to encourage residents to incorporate walking into their daily routines as a simple and accessible form of physical activity; and
WHEREAS, walking is a low-impact exercise that promotes cardiovascular health and is accessible to individuals of all fitness levels, providing an easy way for residents to stay active—whether by walking around their neighborhood or enjoying Union City's parks and trails; and WHEREAS, Washington Health has generously contributed $3,000 to support the Union City Heart Smart Walking Challenge, funding prize giveaways, promotional t-shirts, and banners to encourage participation further; and
WHEREAS, this partnership between Washington Health and Union City exemplifies the City’s commitment to enhancing community health and well-being through innovative and engaging public initiatives.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, do hereby proclaim February 2025 as American Heart Month in Union City and recognize the Heart Smart Walking Challenge as a vital initiative promoting heart health while celebrating the partnership between Washington Health and the Community and Recreation Services Department.

DATED: February 25, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember City Council/RSA Agenda 6 Tuesday, February 25, 2025 Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 7 Tuesday, February 25, 2025

Recognizing the Life-Saving Actions of Ruggieri
Center Staff and Community Members

WHEREAS, knowledge of Cardiopulmonary Resuscitation (CPR) and the use of an Automated External Defibrillator (AED) are critical life-saving skills that can significantly increase a person’s chance of survival during a medical emergency; and
WHEREAS, CPR, which involves chest compressions and rescue breaths, helps maintain circulation until professional medical assistance arrives, while an AED delivers a controlled shock to restore an effective heart rhythm, making timely intervention a matter of life and death; and WHEREAS, on February 7, 2025, a participant at the Ruggieri Center for Active Adults 50+ suffered a cardiac emergency, prompting a swift and courageous response from both staff and community members; and
WHEREAS, Ruggieri Center members Michael Dee and Mei-Kuen Hone immediately took action upon witnessing the medical emergency—Michael alerted Community and Recreation Services (CRS) staff Dana Dieterle and Lindsay Andalis for help, with Dana promptly calling 911 while Lindsay retrieved the AED machine from the front office; and
WHEREAS, while emergency responders were en-route, Mei-Kuen Hone performed CPR on the individual in distress, and CRS staff member Erin Ewing utilized the AED to deliver a life-saving shock, successfully restoring the individual's heart rhythm and breathing; and WHEREAS, these individuals' decisive actions, teamwork, and dedication directly contributed to saving a life, exemplifying the importance of emergency preparedness and the profound impact of those who step up in critical moments.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, and on behalf of the City Council, do hereby recognize and commend Erin Ewing, Dana Dieterle, Lindsay Andalis, Mei-Kuen Hone, and Michael Dee for their extraordinary courage, quick thinking, and selfless service in responding to a lifethreatening emergency on February 7, 2025.

DATED: February 25, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 8 Tuesday, February 25, 2025
Agenda Item
ATTACHMENTS:

Description Type
2025-02-24 - Wallace, Kendahyl Attachment
City Council/RSA Agenda 9 Tuesday, February 25, 2025
City Council/RSA Agenda 10 Tuesday, February 25, 2025
City Council/RSA Agenda 11 Tuesday, February 25, 2025
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 12 Tuesday, February 25, 2025
February 8, 2025 | 5:00 PM Page 1 of 2
City Council and Planning Commission
Special Joint Meeting Minutes

MINUTES

CITY OF UNION CITY

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING

COMMISSION

CITY COUNCIL PLANNING COMMISSION
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Jo Ann Lew, Chair
Seyi Mclelland, Vice Chair
Lee Guio, Commissioner
Ignacio Romero, Commissioner
Amandeep Sandhu, Commissioner
Francisco Elizando, Commissioner Alternate
Prairna Gupta Garg, Commission Alternate
Saturday, February 8, 2025 | 10:00 AM
Studio 11
34626 11th Street
Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 10:04 AM.

ROLL CALL
Attendee Name Present
Alternate Commissioner Elizando
Alternate Commissioner Gupta
Commissioner Guio
Commissioner Romero
Commissioner Sandhu
Vice Chair McIelland
Chair Lew
Councilmember Nishihira
Councilmember Patiño
Councilmember Wang
Vice Mayor Sakakihara
Mayor Singh
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
City Council/RSA Agenda 13 Tuesday, February 25, 2025
February 8, 2025 | 5:00 PM Page 2 of 2
City Council and Planning Commission
Special Joint Meeting Minutes

2. ORAL COMMUNICATIONS
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.

3. TOUR

3.a. Station District Tour and Discussion of Planned Capital Projects and Development Sites (Estimated Arrival Times Provided; Tour Will Not Begin at Stops Before Stated Time)

1. 10:00 AM – Start of Tour and opportunity for public comment regarding special meeting agenda item at Studio 11, 34626 11th Street

2. 10:05 AM – Stop 1: Corner of 11th Street and Berger Way

3. 10:10 AM – Stop 2: East Plaza on Duncan Way

4. 10:25 AM – Stop 3: Intersection of 11th Street and Green Street

5. 10:40 AM – Stop 4: Corner of Bradford Way and Zwissig Way

6. 10:55 AM – Stop 5: Union City Corporation Yard, 34650 7th Street

7. 11:10 AM – Stop 6: BART Station Main Entrance at Station Way

8. 11:25 AM – Stop 7: Osprey Drive at Arroyo Park

9. 11:40 AM – Return to Studio 11, 34626 11th Street for concluding discussion
During the tour, staff provided presentations and responded to questions from City Council and Planning Commission members.

4. ADJOURNMENT
Mayor Singh adjourned the meeting at 12:56 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 14 Tuesday, February 25, 2025
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 15 Tuesday, February 25, 2025
February 11, 2025 | 5:00 PM Page 1 of 2
City Council
Special Closed Session Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL CLOSED SESSION
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, February 11, 2025 | 5:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 5:01 PM.

2. ROLL CALL
Attendee Name Present
Councilmember Nishihira
Councilmember Patiño
Councilmember Wang
Vice Mayor Sakakihara
Mayor Singh
Yes
Yes
Yes
Yes
Yes

3. ORAL COMMUNICATIONS
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.

City Council/RSA Agenda 16 Tuesday, February 25, 2025
February 11, 2025 | 5:00 PM Page 2 of 2
City Council
Special Closed Session Minutes

4. CLOSED SESSION

4.1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6
Agency Designated Representatives:

Joan Malloy, City Manager
Jason Castleberry, Human Resources Director
Jeff Bailey, IEDA Labor Negotiator
Employee Organizations:

Service Employees International Union Local 1021
No reportable action.

5. REPORT OUT OF CLOSED SESSION
Mayor Singh reported on the above item and at the February 11, 2025 City Council Regular Meeting. City Attorney Kokotaylo also reported out of the Closed Session at the February 11, 2025 Special Meeting.

6. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:01 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 on February 25, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 17 Tuesday, February 25, 2025
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 18 Tuesday, February 25, 2025
February 11, 2025 | 6:00 PM Page 1 of 2
City Council
Special Meeting Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, February 11, 2025 | 6:00 PM
City Council Chambers
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 6:09 PM.

2. ROLL CALL
Attendee Name Present
Councilmember Nishihira
Councilmember Patiño
Councilmember Wang
Vice Mayor Sakakihara
Mayor Singh
Yes
Yes
Yes
Yes
Yes

3. ORAL COMMUNICATIONS
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.

4. STUDY SESSION

4.a. Study Session on Proposed Station East Phases 2 and 3 Residential Development
Before the staff presentation, City Attorney Kokotaylo reported that the Special Closed Session, conducted prior to this meeting, had no reportable action. He City Council/RSA Agenda 19 Tuesday, February 25, 2025
February 11, 2025 | 6:00 PM Page 2 of 2
City Council
Special Meeting Minutes
then provided the Council with a brief overview of the study session preceding Contract Planner Carmichael’s presentation.

Following the staff presentation, Contract Planner Carmichael and Economic and Community Development Director Campbell responded to the Council’s questions.

Mayor Singh then reopened Public Comment, allowing the applicant, Evan Knapp from Integral Communities, to address and respond to the Council's questions.

5. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:43 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 on February 25, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 20 Tuesday, February 25, 2025
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 21 Tuesday, February 25, 2025
February 11, 2025 | 7:00 PM Page 1 of 5
City Council / Successor Agency
Regular Meeting Minutes

MINUTES

CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, February 11, 2025 | 7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 7:04 PM.

1.1. Pledge of Allegiance
Mayor Singh led the Pledge of Allegiance.

1.2. Roll Call
Attendee Name Present
Councilmember Nishihira
Councilmember Patiño
Councilmember Wang
Vice Mayor Sakakihara
Mayor Singh
Yes
Yes
Yes
Yes
Yes

2. UNFINISHED BUSINESS
There was none.

3. PROCLAMATIONS AND PRESENTATIONS

3.1. Proclamation Honoring February 2025 as Black History Month Mayor Singh read aloud the proclamation and presented it to Afro-American Cultural & Historical Society Ken Smith, Teresa Cox, and Darlene Green. Ms.

Greene and Ms. Cox provided brief remarks afterward.

City Council/RSA Agenda 22 Tuesday, February 25, 2025
February 11, 2025 | 7:00 PM Page 2 of 5
City Council / Successor Agency
Regular Meeting Minutes

3.2. Proclamation Honoring Corina Hahn for Over 30 Years of Dedicated Service to the City of Union City
Mayor Singh read aloud the proclamation and presented it to Corina Hahn, who later provided brief remarks.

4. ORAL COMMUNICATIONS
Mayor Singh opened Oral Communications. The following individual spoke on items that were not on the agenda:

Leticia Tolbertson
Alma Gomez
Jay Muñoz
Dennisse Homen
Sarah Fain
There being no further speakers, Mayor Singh closed Oral Communications.

5. CONSENT CALENDAR
Motion: Approve the Consent Calendar
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER:Councilmember Wang
AYES: Councilmembers Nishihira, Patiño, Wang, Vice Mayor Sakakihara, and Mayor Singh
NOES: None
ABSENT: None

5.1. Approve of the Action Minutes of the January 28, 2025 City Council Regular Meeting
A motion was made to approve the minutes.

5.2. Adopt a Resolution Accepting $3,000,000 from the Regional Measure 3 Dumbarton Corridor Improvements Program of the Metropolitan Transportation Commission for the Union City BART At-Grade Pedestrian Crossing Project (City Project No. 14-14), Increasing Revenue Projections in the Capital Projects Fund by $3,000,000, and Appropriating Funds to Project No. 14-14
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-020

5.3. Adopt a Resolution Authorizing The City Manager To Execute The Third Amendment To The Consulting Services Agreement With Mark Thomas & Company, Inc., In The Amount Of $801,191, For The Final Design Of Phases (Segments) 1 And 2 Of The Quarry Lakes Parkway (East-West Connector) Project (City Project No. 18-04), For A Total Contract Amount To $5,001,191
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-021
City Council/RSA Agenda 23 Tuesday, February 25, 2025
February 11, 2025 | 7:00 PM Page 3 of 5
City Council / Successor Agency
Regular Meeting Minutes

6. PUBLIC HEARINGS

6.1. Public Hearing to Consider Adoption of a Resolution Establishing Underground District No. 20 (Smith Street: Dyer Street to Union City Boulevard) and Underground District No. 21 (Decoto Road: Alameda Creek Bridge to Alvarado-Niles Road) Under CPUC Electric Rule 20A City Engineer Azim provided staff presentation and responded to questions from the Council.

Mayor Singh opened the Public Hearing at 7:55 PM. There being no speakers, Mayor Singh closed the Public Hearing at 7:56 PM.

Motion: Adopt a resolution establishing Underground District No. 20 (Smith Street: Dyer Street to Union City Boulevard) and Underground District No. 21 (Decoto Road: Alameda Creek Bridge to Alvardo-Niles Road) Under CPUC Electric Rule 20A.

RESULT: Pass
MOVER: Vice Mayor Sakakihara
SECONDER: Councilmember Wang
AYES: Councilmembers Nishihira, Patiño,
Wang, Vice Mayor Sakakihara, and
Mayor Singh
NOES: None

Enactment No.: Resolution No. 2025-022

7. CITY MANAGER REPORTS
There were none.

8. SUCCESSOR AGENCY REDEVELOPMENT AGENCY
There were none.

9. AUTHORITIES AND AGENCIES
There were none.

10. CITY COMMISSION / COMMITTEE REPORTS
There were none.

11. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported that he will attend the League of California Cities Board of Directors meeting in Rancho Cucamonga next week.

Vice Mayor Sakakihara reported on the Housing Authority of Alameda County meeting, which focused on funding concerns resulting from the new federal policy for the Housing Choice Voucher Program (formerly Section 8).

Councilmember Wang reported on his participation in the Asian Pacific American Municipal Officials caucus with the National League of Cities. He also noted that he City Council/RSA Agenda 24 Tuesday, February 25, 2025
February 11, 2025 | 7:00 PM Page 4 of 5
City Council / Successor Agency
Regular Meeting Minutes
will be attending the Youth Commission and Alameda County Waste Management Authority meetings in the coming weeks.

Councilmember Nishihira had no items to report.

Mayor Singh provided an update on the Alameda County Transportation Commission Programs and Projects Committee meeting, where $1.5 million in funding was approved for new EV charging stations for Union City Transit busses at the City’s Corporation Yard. He acknowledged the work of former Mayor Carol Dutra-Vernaci in advancing the project and thanked Alameda County Supervisors David Haubert and Elisa Márquez for their support.

12. GOOD OF THE ORDER
Councilmember Patiño announced that he had been appointed to the League of California Cities Nominating Committee, where he will assist in reviewing applications for board positions. He also attended a welcome breakfast at California State University, East Bay, for at-risk and former foster students and encouraged those pursuing higher education. Additionally, he reported that the Tiburcio Vasquez Health Center Board of Directors had elected Vipan Bajwa as its new President.

Vice Mayor Sakakihara provided an update on a new Alameda County initiative called "Together for All," a committee addressing federal policy impacts on local communities. He noted that Supervisor Elisa Márquez is serving as committee vice chair, which recently heard reports from the Alameda County Sheriff’s Office on immigration enforcement concerns.

Councilmember Wang highlighted his participation in Lunar New Year celebrations, including visits to local businesses with Mayor Singh and UCPD representatives to engage with the community. He also recognized city employees Erin Ewing and Dana Dieterle from the Senior Center for their quick response in assisting a resident experiencing a medical emergency. He also commended the Union City Police Department for their swift action in recovering stolen property belonging to international students visiting from China.

Councilmember Nishihira appreciated the city staff’s efforts in organizing the recent Station District Tour. He stated that seeing the project sites in person provided valuable context and insight into future development plans. He also announced that he would attend a Global Policy Leadership Academy workshop on urban planning in San Francisco on February 27, 2025.

Mayor Singh thanked city staff, commissioners, and BART representatives for participating in the Station District Tour. He emphasized the importance of fostering economic development and generating revenue for the City.

13. CLOSED SESSION
There were none.

14. ADJOURNMENT
Mayor Singh adjourned the meeting at 8:10 PM.

City Council/RSA Agenda 25 Tuesday, February 25, 2025
February 11, 2025 | 7:00 PM Page 5 of 5
City Council / Successor Agency
Regular Meeting Minutes
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City on February 25, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 26 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION AMENDING THE CITYOF UNION CITY'S CONFLICT OF INTEREST CODE TO

INCLUDE THE POSITIONS OF NEIGHBORHOOD PRESERVATION INSPECTOR AND ACCOUNTING

MANAGER AND REMOVE THE BUDGET MANAGER/PURCHASINGAGENT POSITION

EXECUTIVE SUMMARY
The City's Conflict of Interest Code is periodically updated to reflect changes in personnel and ensure compliance with the Political Reform Act.

The latest version of the Conflict of Interest Code (Resolution No. 6341-24), adopted on August 13, 2024, does not include two newly created positions:

1. Neighborhood Preservation Inspector – This position enforces municipal codes and interacts with property owners, similar to other inspectors in the Economic and Community Development Department (ECD), who are already designated as Form 700 filers.

2. Accounting Manager – This role was derived from the Budget Manager/Purchasing Agent position and is responsible for financial oversight functions that align with existing positions required to file Form 700 statements.

Since the Accounting Manager now replaces the Budget Manager/Purchasing Agent, the previous title will be removed from the designated filers list.

To maintain compliance and transparency, staff recommends updating the Conflict of Interest Code to reflect these changes.

STRATEGIC PLAN ALIGNMENT
This update aligns with Goal B: Governance and Organization Effectiveness of the City’s Strategic Plan by ensuring that the Conflict of Interest Code remains current and accurately reflects the City’s organizational structure and regulatory obligations. By designating appropriate positions for financial disclosure, the City strengthens transparency, accountability, and ethical governance, which are essential best practices in local government operations.

BACKGROUND
The Political Reform Act (Government Code Section 81000 et seq.) requires local agencies to biennially review and update their Conflict of Interest Code to ensure all positions with decision-making authority are properly designated for financial disclosure.

In March 2024, the City Council approved the Accounting Manager position under Resolution No. 6267-24, replacing the Budget Manager/Purchasing Agent. The Neighborhood Preservation Inspector role was finalized in November 2023. However, these positions were not incorporated into Resolution No. 6341-24, which governs the current Conflict of Interest Code.

DISCUSSION
The Neighborhood Preservation Inspector conducts property inspections, enforces zoning and municipal codes, issues citations, and interacts City Council/RSA Agenda 27 Tuesday, February 25, 2025
with contractors, developers, and private property owners. These activities align with other inspection-related positions already designated as Form 700 filers under the Conflict of Interest Code.

Similarly, the Accounting Manager is responsible for budget oversight, purchasing, financial reporting, and audits, similar to other finance-related roles that require economic interest disclosures.

Since the Accounting Manager replaces the Budget Manager/Purchasing Agent, the previous position will be removed from the Conflict of Interest Code.

To maintain compliance and transparency, these updates are reflected in ExhibitA of the Resolution. A redlined version of the Conflict of Interest Code is also provided to illustrate the specific modifications.

FISCAL IMPACT
The proposed amendment has no fiscal impact, as it only updates the existing Conflict of Interest Code to reflect current staff positions.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution amending the City of Union City Conflict of Interest Code to:

1. Add the Neighborhood Preservation Inspector and Accounting Manager positions; and

2. Remove the Budget Manager/Purchasing Agent position.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
ProposedAmended Conflict of Interest Code (Redlined) Attachment Draft Resolution Resolution
ExhibitA -Amended Conflict of Interest Code Exhibit
City Council/RSA Agenda 28 Tuesday, February 25, 2025

CITY OF UNION CITY CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) containing the terms of a standard conflict of interest code, which can be incorporated into an agency's code. After public notice and hearing, the Fair Political Practices Commission may amend the standard code to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix [or Appendices], designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the City of Union City ("City").

Individuals holding designated positions shall file their statements of economic interests with the City, making them available for public inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for those designated in the Political Reform Act as 87200 filers (i.e., mayors and city councilmembers, city managers, city attorneys, city treasurers, and members of planning commissions), the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. The City will retain all other statements.

City Council/RSA Agenda 29 Tuesday, February 25, 2025
APPENDIX “A”

POSITION LIST
POSITIONS DESIGNATED BY STATUTE GOVERNMENT CODE §87200
The code does not cover the following positions because they must file under Government Codes §87200 and are listed for information purposes only.

POSITION
Mayor
City Council Member
Planning Commissioner
Planning Alternate Commissioner
City Manager
City Attorney
Finance Director

DESIGNATED POSITIONS LISTS

CITY ATTORNEY

POSITION DISCLOSURE CATEGORY
Deputy City Attorney 1, 2, 3, 4, 5, 6, 7, 8

CITY MANAGER

POSITION DISCLOSURE CATEGORY
Administrative Specialist – Confidential 1, 2, 3, 4, 5, 6, 7, 8 City Clerk 1, 2, 3, 4, 5, 6, 7, 8
Deputy City Manager 1, 2, 3, 4, 5, 6, 7, 8
Emergency Services Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst III 1, 2, 3, 4, 5, 6, 7, 8
Recycling and Solid Waste Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Sustainability Analyst I/II 1, 2, 5, 6, 7, 8

COMMUNITY AND RECREATION SERVICES

POSITION DISCLOSURE CATEGORY
Community and Recreation Services Director 1, 2, 3, 4, 5, 6, 7, 8 Community and Recreation Services Manager 1, 2, 5, 6, 7, 8 Homeless Program Coordinator/Case Manager 1, 2, 5, 6, 7, 8 Recreation Program Coordinator 1, 2, 5, 6, 7, 8
Senior Recreation Supervisor 1, 2, 5, 6, 7, 8
Recreation Supervisor 1, 2, 5, 6, 7, 8
Youth Employment Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Youth and Family Services Clinical Supervisor 1, 2, 3, 4, 5, 6, 7, 8 Community Services Manager 1, 2, 3, 4, 5, 6, 7, 8

City Council/RSA Agenda 30 Tuesday, February 25, 2025

ECONOMIC AND COMMUNITY DEVELOPMENT

POSITION DISCLOSURE CATEGORY
Assistant Planner 1, 2, 3, 4, 5, 6, 7, 8
Associate Planner 1, 2, 3, 4, 5, 6, 7, 8
Building/Code Compliance Coordinator 1, 2, 3, 4, 5, 6, 7, 8 Building/Code Compliance Inspector 1, 2, 3, 4, 5, 6, 7, 8 Chief Building Official / Senior Plans Examiner 1, 2, 3, 4, 5, 6, 7, 8 Economic & Community Development Director 1, 2, 3, 4, 5, 6, 7, 8 Environmental Programs Inspector 1, 2, 3, 4, 5, 6, 7, 8 Environmental Programs Manager 1, 2, 3, 4, 5, 6, 7, 8
Housing & Community Development Manager 1, 2, 3, 4, 5, 6, 7, 8 Neighborhood Preservation Inspector 1, 2, 3, 4, 5, 6, 7, 8 Planning Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Building Inspector 1, 2, 3, 4, 5, 6, 7, 8
Senior Planner 1, 2, 3, 4, 5, 6, 7, 8

FINANCE DEPARTMENT

POSITION DISCLOSURE CATEGORY
Accountant 1, 2, 3, 4, 5, 6, 7, 8
Budget Manager / Purchasing AgentAccounting
Manager
1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst III 1, 2, 3, 4, 5, 6, 7, 8
Revenue Collections Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Accountant 1, 2, 3, 4, 5, 6, 7, 8
Supervising Accountant 1, 2, 3, 4, 5, 6, 7, 8

HUMAN RESOURCES

POSITION DISCLOSURE CATEGORY
Human Resources Analyst I 1, 2, 5, 6, 7, 8
Human Resources Analyst II 1, 2, 5, 6, 7, 8
Human Resources Manager 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Director 1, 2, 3, 4, 5, 6, 7, 8

INFORMATION TECHNOLOGY

POSITION DISCLOSURE CATEGORY
Cyber Security Manager 1, 2, 3, 4, 5, 6, 7, 8
Information Technology Director 1, 2, 3, 4, 5, 6, 7, 8
Senior Systems Analyst 1, 2, 3, 4, 5, 6, 7, 8
Web and Database Administrator 1, 2, 3, 4, 5, 6, 7, 8
POLICE

POSITION DISCLOSURE CATEGORY
Deputy Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Captain 1, 2, 3, 4, 5, 6, 7, 8
Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Lieutenant 1, 2, 3, 4, 5, 6, 7, 8
Police Sergeant 1, 2, 5, 6, 7, 8

City Council/RSA Agenda 31 Tuesday, February 25, 2025

PUBLIC WORKS

POSITION DISCLOSURE CATEGORY
City Engineer 1, 2, 3, 4, 5, 6, 7, 8
Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7, 8
Public Works Director 1, 2, 3, 4, 5, 6, 7, 8
Public Works Fleet Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Grounds Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Superintendent 1, 2, 3, 4, 5, 6, 7, 8
Supervising Construction Inspector 1, 2, 3, 4, 5, 6, 7, 8 Transit Manager 1, 2, 5, 6, 7, 8

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY

POSITION DISCLOSURE CATEGORY
Chairperson 1, 2, 3, 4, 5, 6, 7, 8
Board Members 1, 2, 3, 4, 5, 6, 7, 8
Executive Director (City Manager) 1, 2, 3, 4, 5, 6, 7, 8 Legal Counsel (City Attorney) 1, 2, 3, 4, 5, 6, 7, 8
Secretary (City Clerk) 1, 2, 3, 4, 5, 6, 7, 8
Treasurer (Finance Director) 1, 2, 3, 4, 5, 6, 7, 8

BOARDS, COMMISSIONS, AND COMMITTEES

POSITION DISCLOSURE CATEGORY
Arts and Culture Commissioners 1, 2, 3, 4, 5, 6, 7, 8
Arts and Culture Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Bicycle Pedestrian Advisory Committee 1, 2, 3, 4, 5, 6, 7, 8 Economic Development Advisory Team 1, 2, 3, 4, 5, 6, 7, 8 Human Relations Commissioners 1, 2, 3, 4, 5, 6, 7, 8
Human Relations Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Parks and Recreation Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Parks and Recreation Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 Sales Tax & Utilities User Tax Oversight Committee 1, 2, 3, 4, 5, 6, 7, 8 Senior Citizens Commissioner 1, 2, 3, 4, 5, 6, 7, 8
Senior Citizens Alternate Commissioner 1, 2, 3, 4, 5, 6, 7, 8 OTHERS

POSITION DISCLOSURE CATEGORY
Consultants1 1, 2, 3, 4, 5, 6, 7, 8
Casual Employees performing work similar to a
designated position2
1, 2, 3, 4, 5, 6, 7, 8
Retired Annuitants3 1, 2, 3, 4, 5, 6, 7, 8
1, Consultants designated for filing will do so based on service nature, adhering to the broadest disclosure category.

The City Manager can, in writing, limit a consultant's disclosure if their duties are narrowly scoped. This determination will describe the consultant's duties and the disclosure required, becoming a public record available for inspection. All consultant contracts must include a certification affirming no conflicts of interest with the City. 2 Casual employees will be designated as filers based on their service nature and must comply with the broadest disclosure category. The City Manager can exempt consultants from full disclosure if their duties are limited, detailing this in public written determination that outlines their duties and disclosure extent. All consultant agreements must include a no-conflict-of-interest certification.
3 Retired annuitants may be included in the list of designated employees when the City Manager, or his or her designee, determines that they are performing work that is the functional equivalent of a designated position. If such a determination is made, then disclosure shall be pursuant to the disclosure category required by this Code for the comparable designated staff position.

City Council/RSA Agenda 32 Tuesday, February 25, 2025
APPENDIX “B”

GENERAL PROVISIONS
When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income that do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is considered doing business with the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose an interest in real property, he or she need only disclose real property that is located in whole or in part within, or not more than two miles outside of, the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix “A” and “B”.

DISCLOSURE CATEGORIES
Category 1: All investments and sources of income.

Category 2: All interest in real property.

Category 3: All investments, interests in real property, and sources of income are subject to the department's regulatory, permit, or licensing authority.

Category 4: Positions held and investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property.

Category 5: Positions held and investments in business entities and sources of income of the type that have contracted with the City of Union City within the past two years to provide services, supplies, materials, machinery, or equipment.

Category 6: Positions held, investments in business entities, and sources of income of the type that, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery, or equipment.

Category 7: Positions held and investments in business entities located in the City of Union City proper or in any land or facilities used, owned, or operated by the City of Union City.

Category 8: Positions held and investments in business entities or investments with natural persons that have contractual obligations or privileges with the City of Union City.

City Council/RSA Agenda 33 Tuesday, February 25, 2025

Page 1 of 2 ends

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AMENDING THE CITY'S CONFLICT OF

INTEREST CODE TO INCLUDE THE POSITIONS OF

NEIGHBORHOOD PRESERVATION INSPECTOR AND

ACCOUNTING MANAGER AND REMOVE THE BUDGET

MANAGER/PURCHASING AGENT POSITION
WHEREAS, the Political Reform Act (Government Code § 81000 et seq.) requires local agencies to adopt and update a Conflict of Interest Code that designates positions required to file Statements of Economic Interests (Form 700); and WHEREAS, the City Council adopted Resolution No. 6341-24 on August 13, 2024, approving the most recent update to the Conflict of Interest Code; and WHEREAS, the Neighborhood Preservation Inspector position, created in November 2023, performs duties similar to other inspector roles that require Form 700 disclosure; and
WHEREAS, the Accounting Manager position, established under Resolution No. 6267-24 in March 2024, replaces the Budget Manager/Purchasing Agent and carries out financial management functions requiring disclosure of economic interests; and WHEREAS, these positions were not included in the latest Conflict of Interest Code and must now be designated as Form 700 filers, while the Budget Manager/Purchasing Agent position should be removed.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Union City hereby amends the Conflict of Interest Code as follows:

1. The positions of "Neighborhood Preservation Inspector" and "Accounting Manager" shall be added as designated filers; and

2. The position of "Budget Manager/Purchasing Agent" shall be removed from the designated filers list.

3. Exhibit A, attached hereto, amends the Conflict of Interest Code to reflect the changes in designated positions and disclosure categories.

City Council/RSA Agenda 34 Tuesday, February 25, 2025
Resolution No. 2025-XXX
Amending Conflict of Interest Code

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 25
th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – Amended Conflict of Interest Code Positions City Council/RSA Agenda 35 Tuesday, February 25, 2025

City Council/RSA Agenda 36 Tuesday, February 25, 2025
APPENDIX “A”

POSITION
Mayor
City Council Member
Planning Commissioner
Planning Alternate Commissioner
City Manager
City Attorney
Finance Director

DESIGNATED POSITIONS LISTS

CITY ATTORNEY

POSITION DISCLOSURE CATEGORY
Deputy City Attorney 1, 2, 3, 4, 5, 6, 7, 8

CITY MANAGER

COMMUNITY AND RECREATION SERVICES

ECONOMIC AND COMMUNITY DEVELOPMENT

FINANCE DEPARTMENT

POSITION DISCLOSURE CATEGORY
Accountant 1, 2, 3, 4, 5, 6, 7, 8
Accounting Manager 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst III 1, 2, 3, 4, 5, 6, 7, 8
Revenue Collections Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Accountant 1, 2, 3, 4, 5, 6, 7, 8
Supervising Accountant 1, 2, 3, 4, 5, 6, 7, 8

HUMAN RESOURCES

INFORMATION TECHNOLOGY

PUBLIC WORKS

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY

BOARDS, COMMISSIONS, AND COMMITTEES

POSITION DISCLOSURE CATEGORY
Consultants1 1, 2, 3, 4, 5, 6, 7, 8
Casual Employees performing work similar to a
designated position2
1, 2, 3, 4, 5, 6, 7, 8
Retired Annuitants3 1, 2, 3, 4, 5, 6, 7, 8

1 , Consultants designated for filing will do so based on service nature, adhering to the broadest disclosure category.

City Council/RSA Agenda 39 Tuesday, February 25, 2025
APPENDIX “B”

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix “A” and “B”.

DISCLOSURE CATEGORIES
Category 1: All investments and sources of income.

Category 2: All interest in real property.

Category 3: All investments, interests in real property, and sources of income are subject to the department's regulatory, permit, or licensing authority.

Category 4: Positions held and investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property.

Category 7: Positions held and investments in business entities located in the City of Union City proper or in any land or facilities used, owned, or operated by the City of Union City.

Category 8: Positions held and investments in business entities or investments with natural persons that have contractual obligations or privileges with the City of Union City.

City Council/RSA Agenda 40 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION ACCEPTING $75,000 FROM THE CALIFORNIA DEPARTMENT OF RESOURCES,

RECYCLYING AND RECOVERY (CALRECYCLE) RUBBERIZED PAVEMENT GRANT PROGRAM FOR THE CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 25-01, AND AMENDING THE FISCAL YEAR 2024-2025 CAPITAL PROJECTS FUND BUDGET

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution accepting $75,000 from the California Department of Resources, Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program for the Citywide Street Pavement Rehabilitation Project, City Project No. 25-01, and amending the Fiscal Year 2024-2025 Capital Projects Fund budget.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

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

BACKGROUND
CalRecycle administers a Rubberized Pavement Grant program to provide opportunities for the diversion of tires from landfill disposal, prevent illegal tire dumping, and promote markets for recycled-content products. Rubberized Asphalt Concrete is a proven road paving material that has been used in California since the 1970s. It is made by blending ground tire rubber with asphalt binder which is then mixed with conventional aggregate materials. The program offers reimbursement grants designed to encourage the use of rubberized tires for street rehabilitation projects.

DISCUSSION
On November 9, 2021, the City Council adopted Resolution No. 5847-21, authorizing submission of applications and associated grant documents for the CalRecycle Rubberized Pavement Grant Program funding. On June 14, 2022, the City Council adopted Resolution No. 5949-22 accepting a $75,000 grant from CalRecycle for the City’s Base Failure Repair and Slurry Seal Project, City Project No. 23-02. Staff’s successful submission of another application in September 2024 resulted in the January 2025 notification of award, in the amount of $75,000, from CalRecycle for the proposed street pavement rehabilitation.

On February 7, 2025, Union City entered into Project Funding Agreement (PFA) No. TRP17-24-0005 with CalRecycle, in the amount of $75,000, to support the Citywide Street Pavement Rehabilitation Project. These funds will supplement the City's ongoing pavement rehabilitation efforts, aimed at extending street longevity through the application of a rubberized chip seal (also known as a rubberized cape seal). This method of sealing asphalt integrates slurry seal with rubberized cape seal to enhance pavement durability. The City previously achieved successful outcomes using this paving technique in the Base Failure Repair and Slurry Seal Project, City Project No. 23-02, which was also supported by the CalRecycle Rubberized Pavement Grant Program. This year, the City plans to continue implementing this paving method on streets throughout the community.

City Council/RSA Agenda 41 Tuesday, February 25, 2025
A rubberized cape seal further enhances the typical slurry seal treatment by replacing the asphalt binder with a blend of ground rubber (or latex rubber) and asphalt cement to create a rubberized asphalt binder. The rubberized asphalt binder enhances the elasticity and flexibility in the pavement. During the rubberized chip sealing process, the existing pavement is covered with a thin layer of rubberized asphalt binder that seals the cracks in the pavement and waterproofs the existing surface. Aggregate chips coated with asphalt concrete are then spread on the paving surface.

Several days later, once the chips are embedded, a slurry seal application is applied to the rubber-chipped surface to encapsulate the street.

The treatment is excellent for providing strength, stability, and flexibility in the pavement by reducing further reflective cracking. The application of a rubberized cape seal will extend the life of the existing pavement for many more years than the traditional slurry seal application.

The terms of CalRecycle PFA No. TRP17-24-0005 require that the project apply a minimum of 40,000 square yards of chip seal material (see Exhibit A). The grant term begins on the date of the Notice to Proceed email, which is the formal notification from CalRecycle authorizing the City to begin the grant project. The Citywide Street Pavement Rehabilitation Project will consist of the rehabilitation of various industrial and residential streets. The project timeline anticipates design completion by July 2025, construction start in September 2025, and project completion by December 2025.

FISCAL IMPACT
Union City will receive $75,000 from the CalRecycle Rubberized Pavement Grant Program for the construction phase of the Citywide Street Pavement Rehabilitation Project, City Project No. 25-01. City Council action is necessary to increase the revenue projections in Account Number 4100-00-00-000-0000-092501-44171 (Capital Projects Fund – Citywide Street Pavement Rehabilitation Project – Misc. State Grants) by $75,000 and to appropriate the $75,000 to City Project No. 25-01, Account Number 4100-35-30-310-3150-092501-54111 (Capital Projects Fund – PW – Citywide Street Pavement Rehabilitation Project – Contractual Services).

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution accepting $75,000 from the California Department of Resources, Recycling and Recovery (CalRecycle) for the Citywide Street Pavement Rehabilitation Project, City Project No. 25-01, and amending the Fiscal Year 2024-2025 Capital Projects Fund budget.

Prepared by:

Eddie Yu, Civil Engineer II
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
ExhibitA - CalRecycleGrantAgreement Exhibit
City Council/RSA Agenda 42 Tuesday, February 25, 2025

Page 1 of 2 ends

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY ACCEPTING $75,000 FROM THE

CALIFORNIA DEPARTMENT OF RESOURCES,

RECYCLING AND RECOVERY (CALRECYCLE)

RUBBERIZED PAVEMENT GRANT PROGRAM FOR THE

CITYWIDE STREET PAVEMENT REHABILITATION
PROJECT, CITY PROJECT NO. 25-01, AND AMENDING
THE FISCAL YEAR 2024-2025 CAPITAL PROJECTS

FUND BUDGET
WHEREAS, the California Department of Resources, Recycling and Recovery (CalRecycle) administers a program to provide opportunities for the diversion of tires from landfill disposal, prevent illegal tire dumping, and promote markets for recycledcontent products; and WHEREAS, on November 9, 2021, the City Council adopted Resolution No. 5847-21, authorizing the submission of applications and associated grant documents for the CalRecycle Rubberized Pavement Grant Program funding; and WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5949-22 accepting a $75,000 grant from CalRecycle for the City’s Base Failure Repair and Slurry Seal Project, City Project No. 23-02; and
WHEREAS, the staff’s successful submission of an application in September 2024 resulted in the January 2025 notification of award, in the amount of $75,000, by CalRecycle for the proposed street pavement rehabilitation project (see Exhibit A); and WHEREAS, the terms of the CalRecycle Project Funding Agreement No. TRP17- 24-0005 requires that the project apply a minimum of 40,000 square yards of chip seal material.; and
WHEREAS, the CalRecycle Rubberized Pavement Program grant will be used to supplement funds for the Citywide Street Pavement Rehabilitation Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts $75,000 from the CalRecycle Rubberized Pavement Grant Program for the Citywide Street Pavement Rehabilitation Project, City Project No. 25- 01; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2024-2025 Capital Projects Fund budget by increasing the revenue projections in Account Number 4100-00-00-000-0000-092501-44171 (Capital Projects Fund – Citywide Street Pavement Rehabilitation Project – Misc. State Grants) by $75,000 and by appropriating the $75,000 to City Project No. 25-01, Account Number 4100-35-30-310-3150-092501-54111 (Capital Projects Fund – PW – Citywide Street Pavement Rehabilitation Project – Contractual Services); and City Council/RSA Agenda 43 Tuesday, February 25, 2025
Resolution 2025-XXX
Accept $75K CalRecycle Grant

Page 2 of 2 ends

BE IT FURTHER RESOLVED that the City Council of the City of Union City, by adopting this Resolution, does hereby state that:

1. The City of Union City understands that the amount of CalRecycle Rubberized Pavement Grant Program funds for the project is capped at the amount awarded by CalRecycle and that any cost increases will be funded through other means by the City of Union City and will not to be funded with additional CalRecycle Rubberized Pavement Grant Program funds; and

2. The Project will be implemented as described in the application, Agreement, and in this Resolution; and

3. The City of Union City and the Citywide Street Pavement Rehabilitation Project will comply with the requirements as set forth in the Agreement in Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25
th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – CalRecycle PFA No. TRP17-24-0005
City Council/RSA Agenda 44 Tuesday, February 25, 2025
City Council/RSA Agenda 45 Tuesday, February 25, 2025
City Council/RSA Agenda 46 Tuesday, February 25, 2025
City Council/RSA Agenda 47 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 1 Exhibit A
Terms and Conditions
Rubberized Pavement Grant Program
Fiscal Year 2024–25
The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. • "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the Rubberized Pavement Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions. (c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.

City Council/RSA Agenda 48 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 2 (b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.
[It may be helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]
Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein.

Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

City Council/RSA Agenda 49 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 3 Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and (b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.

All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in nonpayment of grant funds.

Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code, § 10411):

City Council/RSA Agenda 50 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 4 (a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. (b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee.

As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf. Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

City Council/RSA Agenda 51 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 5 Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the DrugFree Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

City Council/RSA Agenda 52 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 6 (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

Expatriate Corporations
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286.1, and is eligible to contract with the State of California.

Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

City Council/RSA Agenda 53 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 7 Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee’s eligibility for future grants offered by CalRecycle.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

City Council/RSA Agenda 54 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 8 Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement.

Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes.

The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise under this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies, City Council/RSA Agenda 55 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 9 including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered.

Nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law.

National Labor Relations Board Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the grantee within the immediately preceding two-year period because of the grantee's failure to comply with an order of a federal court which orders the grantee to comply with an order of the National Labor Relations Board. This section is not applicable if the grantee is a public entity.

No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.

City Council/RSA Agenda 56 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 10 A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq. (b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

Ownership of Drawings, Plans, and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant this Agreement, for nonprofit, noncommercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

City Council/RSA Agenda 57 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 11 Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements.
(d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personal Jurisdiction
The grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved City Council/RSA Agenda 58 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 12 their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes.

In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. (c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. Grantee’s violation of this provision shall result in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycled-content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper.

City Council/RSA Agenda 59 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 13 Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire-derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

City Council/RSA Agenda 60 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 14 Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy.

Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the City Council/RSA Agenda 61 Tuesday, February 25, 2025
CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 15 result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (b) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue.

The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.

Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

City Council/RSA Agenda 62 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 1 July 2024
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements
Rubberized Pavement Grant Program
Cycle 17 (TRP17) Fiscal Year 2024–25
Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities.

City Council/RSA Agenda 63 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 2 Table of Contents
Introduction........................................................................................................................3 Milestones ..........................................................................................................................3 Grants Management System (GMS)................................................................................3 Accessing the Grant ........................................................................................................3 Contact Updates ..............................................................................................................4 Prior to Commencing Work .............................................................................................5 Permitting .........................................................................................................................5 Reliable Contractor Declaration ......................................................................................5 Grant Term .........................................................................................................................6 Project Requirements ......................................................................................................6 RAC Hot-Mix (Hot-Mix) Project ...................................................................................6 Rubberized Chip Seal (Chip Seal) Project..................................................................6 Reimbursement Rates.....................................................................................................7 Table 1. Reimbursement Rates...................................................................................7 Eligible Costs ...................................................................................................................7 Ineligible Costs.................................................................................................................8 Modifications ....................................................................................................................8 Acknowledgements..........................................................................................................8 Reporting Requirements..................................................................................................9 Electronic and Original Signatures................................................................................10 Progress Report.............................................................................................................10 Progress Report Requirements with No Payment Request .....................................10 Progress Report Requirements with Payment Request...........................................11 Final Report ...................................................................................................................13 Payment Calculation Summary Form ...........................................................................15 Grant Payment Information ...........................................................................................16 Payment Request and Documentation .....................................................................16 Audit Considerations .....................................................................................................18 City Council/RSA Agenda 64 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 3 Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the Rubberized Pavement Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.

In a Regional Grant, the term “grantee” used throughout this document refers to the Lead Participant (Lead). The Lead is designated to act on behalf of all Non-Lead Participant(s). The Lead manages the grant, is responsible for the performance of the grant and all required documentation and administers the grant funds to its Non-Lead Participants on its behalf.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
Notice to Proceed Date: Grant Term Begins on the date that CalRecycle emails the Notice to Proceed.

April 1, 2026: Progress Report Due
April 1, 2027: Final Report and Final Payment Request Due April 1, 2027: Grant Term End
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.

Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).

Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.
• Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS.

City Council/RSA Agenda 65 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 4 Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

City Council/RSA Agenda 66 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 5 Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Permitting
The grantee is responsible for ensuring that the entire project, not just the portion reimbursed by this Grant, is in compliance with all federal, state, and local laws and permitting requirements. The grantee is also responsible for ensuring that project contractors and subcontractors have all necessary permits and licenses to perform the work for which they are hired, including, but not limited to, permitting by the appropriate Air Pollution Control District, Air Quality Management District, or other local air quality agency when required. Failure to comply with permitting requirements may result in denial of payment under this Grant. The grantee should retain all permitting documentation for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle’s Application and Grant Management Tools webpage (https://calrecycle.ca.gov/funding/tools/).

The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

City Council/RSA Agenda 67 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 6 Grant Term
The Grant Term begins on the date of the Notice to Proceed (NTP) email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project and ends on April 1, 2027. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to the NTP date or after the end date are not eligible for reimbursement.

The Final Report and final Payment Request are due on April 1, 2027. CalRecycle recommends reserving the period from March 1, 2027 to April 1, 2027 exclusively for the preparation of the Final Report and final Payment Request, though they may be completed earlier.

Project Requirements
All projects are subject to the following requirements:
• The grantee will construct one or more Rubberized Asphalt Concrete (RAC) HotMix or Rubberized Chip Seal project(s) at the location(s) specified in the approved grant application, unless otherwise approved by the Grant Manager (See Modifications section).
• Only California-generated waste tires that are processed in California shall be used in the crumb rubber portion of the project(s). Recycled end-of-life crumb rubber that meets all specifications and standards can be used, as appropriate, with prior written permission from the Grant Manager.
• The project(s) must be located in California.
• Projects must be owned and maintained by the applicant and accessible to the general public.
• Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110).
• Construction of the RAC portion of any project must commence on or after the date indicated in the Notice to Proceed and be completed by April 1, 2027. • The binder material must contain a minimum of 300 pounds (equivalent to 15 percent by weight) of tire-derived crumb rubber per ton of rubberized binder. The binder may be either asphalt rubber/field blend or terminal blend.

Additionally, the following project requirements are specific to the individual project as indicated:

RAC Hot-Mix (Hot-Mix) Project
• Project(s) must use a minimum of 2,000 tons of RAC hot-mix (1,000 tons for Tribal Entities).

Rubberized Chip Seal (Chip Seal) Project
• Project(s) must use a minimum area of 40,000 square yards of chip seal material (20,000 square yards for Tribal Entities).

If a grantee has not previously received a CalRecycle-sponsored TRP Training, appropriate grantee staff must attend a training before beginning the project. Topics for the training are typically in one-hour modules and may include a general introduction to City Council/RSA Agenda 68 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 7 the program or a more detailed discussion regarding the RAC/Chip Seal manufacturing and construction processes and procedures.

Reimbursement Rates
Table 1 provides reimbursement rates, as approved in the application, by grant category for both individual and regional grants. Regional grants will be reimbursed at the RAC-1 and/or Chip Seal rate, as applicable. Refer to your “Approved Project Summary & Calculation” document uploaded in GMS for your approved category and reimbursement rate.

For regional grants, reimbursement for work performed in a single jurisdiction, whether that jurisdiction is the Lead Participant or a Non-Lead Participant, cannot exceed 80% of the total grant reimbursement. If at the end of the grant, more than 80% of the reimbursed material (by value) was used in a single jurisdiction, CalRecycle may treat the grant as if it were an individual grant and adjust the reimbursement rate and maximum amount as if that jurisdiction had applied individually.

Table 1. Reimbursement Rates
Grant Category
Tier 11
(Los Angeles, Orange,
Riverside, San Bernardino,
and Ventura Counties)
Tier 22
(All other counties)
RAC – 1 $10 per ton
$20 per ton (Tribal Entities)
$20 per ton
$40 per ton (Tribal Entities)
RAC – 2 $7 per ton
$14 per ton (Tribal Entities)
$14 per ton
$28 per ton (Tribal Entities)
RAC – 3 $4 per ton
$8 per ton (Tribal Entities)
$8 per ton
$16 per ton (Tribal Entities)
Chip Seal
$0.50 per square yard
$1 per square yards
(Tribal Entities)
$1 per square yard
$2 per square yards
(Tribal Entities)
Eligible Costs Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRecycle and ends on April 1, 2027. See “Grant Term” for additional information. All grant expenditures must be for activities, products, and costs directly related to the delivery and installation/placement of the paving material. To be eligible for reimbursement, costs must be incurred after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided, and goods received during this period in order to be eligible costs. Invoices 1 Reimbursement is based on a $10 ($20 for Tribal Entities) per ton base rate for hotmix projects 2 Reimbursement is based on a $20 ($40 for Tribal Entities) per ton base rate for hotmix projects City Council/RSA Agenda 69 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 8 for goods and services must be paid by the grantee prior to the inclusion of those goods or services on a payment request.

Eligible costs are limited to Public works projects that use asphalt rubber hot-mix or rubberized chip seal materials from only California generated waste tires that are processed in California.

Ineligible Costs
Any costs not specifically included in the approved Project Summary Calculation sheet and not directly related to the delivery and installation/placement of the paving material and the approved grant project are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred prior to the date that CalRecycle sends the Notice to Proceed email or after April 1, 2027.
• Projects utilizing crumb rubber material that is not made from only Californiagenerated waste tires processed in California. • Recycled end-of-life crumb rubber that does not meet all specifications and standards.
• Projects using less than the required amount of crumb rubber, as specified in Project Requirements.
• Slurry Seal material/application (whether or not they contain rubber). In a cape seal project, the slurry seal portion is not an eligible cost. • Testing costs.
• Personnel costs, including fringe benefits.
• Overhead and/or indirect costs.
• Any other costs the CalRecycle Grant Manager deemed unreasonable or unrelated to the purpose of the grant.

Modifications
The grantee must submit any proposed revision(s) to the approved Project Summary and Calculation sheet in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval. Proposed revisions must be clearly marked on the revised Project Summary and Calculation sheet that you obtain from the Grant Manager. If approved, the Grant Manager will upload the final revised Project Summary and Calculation sheet to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report, but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

For a regional grant, changes that would remove one or more participating jurisdictions from the grant will be evaluated on a case-by-case basis to determine whether the grant amount and/or reimbursement rate should be adjusted.

Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, City Council/RSA Agenda 70 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 9 brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan. Contact your Grant Manager for the CalRecycle logo.

By April 1, 2027, the grantee must list on their website, for a minimum period of one year, an acknowledgement of CalRecycle’s funding and the waste tire diversion amounts for the project(s). The acknowledgement must include the following three required components:

1. Funded by grant from CalRecycle

2. CalRecycle Logo3

3. Number of California waste tires4 diverted from the waste stream by this project When the web site acknowledgement posting is problematic due to grantee-specific issues, the grantee may substitute signage as an alternative acknowledgement upon written pre-approval from the Grant Manager. The alternative must include the three required components listed above. The signage must be placed in a prominent location along the project site(s), where it must be permanent for a minimum period of one year after project completion. If this alternative is used, a digital photograph of the signage at the project site must be provided with the final report.

Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB. 3 The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo.

Initials or abbreviations for CalRecycle shall not be used. Information regarding logos are available in the Image Gallery web site (https://www.calrecycle.ca.gov/Gallery). 4 To determine the number of tires diverted, refer to the Payment Calculation Summary form (CalRecycle 748-TRP). This is typically calculated after construction.

City Council/RSA Agenda 71 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 10

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

Grant Managers will only approve reports with current information that include all required sections and documents. Grant Managers will only process Payment Requests after report approval.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

For a Regional Grant, the Lead Participant will be responsible for compiling all reporting documentation from its Non-Lead Participant(s).

Electronic and Original Signatures
CalRecycle requires certified e-Signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.

If you have questions, email [email protected].

Progress Report
The grantee must submit a Progress Report by the due dates listed in the Milestones Section of this document. These reports should cover grant activities that occurred within the specified reporting period.

For a Regional Grant, the Lead Participant will be responsible for compiling all reporting documentation from its Non-Lead Participant(s).

The report should include the following:

Progress Report Requirements with No Payment Request

1. Cover Page
• Name of the grantee
• Grant number
• Amount of grant award
• Dates of report coverage
• Report preparation date
• Disclaimer statement, as follows:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
City Council/RSA Agenda 72 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 11

2. Project Summary and Status
Provide a brief description of the progress of the rubberized pavement project(s) including:
• Approved, completed and in-process project(s)
• The timeline for completion of remaining project(s)
• Results Achieved
• Problems encountered or anticipated
• Provide a brief description of any changes to the project and/or schedule including:
1) Changes in grantee contact information
2) Changes or modifications to the original project
Progress Report Requirements with Payment Request

2. Table of Contents
Identify report contents and corresponding page numbers

3. Project Summary and Status
Provide a concise Executive Summary of the project(s). Within the narrative of the report, the following information must be included:
• Project(s) location, such as the project area/name within the jurisdiction • Amount of rubberized pavement material used (tons for hot-mix, square yards for chip seal)
• General Information (thickness of paving, type of mix – e.g. asphalt-rubber, type G, gap graded, open graded, dense graded, warm mix, etc.) • Binder information – asphalt-rubber/field blend or terminal blend, including asphalt cement type/grade.

You must specify the following:
o Percent5 of crumb rubber used in the binder
o Percent6 of binder in the mix (for hot-mix projects)
5 Usually 15-20 percent, subject to a minimum of 15 percent for the grant project(s). 6 Usually between 7-8 percent for asphalt rubber/field blend; 5-6 percent for terminal blend.

City Council/RSA Agenda 73 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 12 o Spread rate7 (gal/yd2) (for chip seal projects)
• Cost of material (cost per ton of hot-mix, cost per square yard of chip seal) • Problems encountered
• Total pounds of crumb rubber (and PTE) used in project(s). Refer to the Payment Calculation Summary form (CalRecycle 748-TRP) to calculate total pounds. See “Payment Calculation Summary Form” section for more information.

For Hot-Mix Projects: the total pounds of crumb rubber can be derived by multiplying the total tons of RAC hot-mix material used in the project(s) by the percent5 of crumb rubber in the binder and the percent6 binder in the mix multiplied by 2,000 (pounds per ton). The subsequent PTE can be derived by dividing the total pounds of crumb rubber by 12 (pounds per tire).

For Chip Seal Projects: the total pounds of crumb rubber can be derived by multiplying the total square yards of chip seal material used in the project(s) by the percent5 of crumb rubber in the binder and the spread rate7 multiplied by 8 (pounds per gallon) 8
. The subsequent PTE can be derived by dividing the total pounds of crumb rubber by 12 (pounds per tire).

4. Contractor Summary
List of all contractors and subcontractors that supplied rubberized asphalt materials for the project. For each contractor and subcontractor the following information must be included:
• Name of Firm
• Contact person
• Address
• Concise statement of work completed
• Time period in which the work was completed
• Amount paid
• A signed copy of the Reliable Contractor Declaration (CalRecycle 168) for the paving/prime contractor at the beginning of the project (subcontractors are optional).

Additionally, provide the subcontractor9 for the following (if applicable):
• Binder Supplier
• Hot-Mix/Chip Seal Manufacturer
• California Crumb Rubber Provider

5. Waste Tires Diverted
Total number of California waste tires diverted from the waste stream as a result of the project’s completion. This number (PTE) can be calculated when 7 Usually between 0.40 to 0.70 gal/yd2
.
8 Eight (8) pounds per gallon is the nominal specific weight in a typical chip seal application.
9 Refer to your paving/prime contractor for this information.

City Council/RSA Agenda 74 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 13 completing the Payment Calculation Summary form (CalRecycle 748-TRP). Also refer to item 3 above for the PTE formula. For more details about this form, refer to item C of the Supporting Documentation section in the Payment Request and Documentation section and the Payment Calculation Summary Form section .

This form is available at the CalRecycle Grant Forms website (https://calrecycle.ca.gov/funding/tools/).

6. Photographs (uploaded separately in GMS)
Two digital photographs of the completed project. Pre-construction photographs are highly recommended, however, not mandatory.

7. Project Acknowledgement (uploaded separately in GMS) Include a copy of your internet web page (or alternative) project acknowledgement, including the web address (URL). If signage alternative is used, a digital photograph of the signage at the project site must be provided with the final report. Refer to the Acknowledgements section for more details.

To submit a Grant Payment Request with your Progress Report, skip the Final Report section, continue with the requirements in the Payment Calculation Summary Form section, through the Grant Payment Information section.

Final Report
The Final Report is due April 1, 2027. This report should cover grant activities from the Notice to Proceed through April 1, 2027.

For a Regional Grant, the Lead Participant will be responsible for compiling all reporting documentation from its Non-Lead Participant(s).

The grantee must include the following items in the Final Report:

2. Table of Contents
Identify report contents and corresponding page numbers.

3. Project Summary and Status
Provide a concise Executive Summary of the project(s). Within the narrative of the report, the following information must be included:
• Project(s) location, such as the project area/name within the jurisdiction City Council/RSA Agenda 75 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 14 • Amount of rubberized pavement material used (tons for hot-mix, square yards for chip seal)
• General Information (thickness of paving, type of mix – e.g. asphalt-rubber, type G, gap graded, open graded, dense graded, warm mix, etc.) • Binder information – asphalt-rubber/field blend or terminal blend, including asphalt cement type/grade.

You must specify the following:
o Percent10 of crumb rubber used in the binder
o Percent11 of binder in the mix (for hot-mix projects) o Spread rate12 (gal/yd2
) (for chip seal projects)
• Cost of material (cost per ton of hot-mix, cost per square yard of chip seal) • Problems encountered
• Total pounds of crumb rubber (and PTE) used in project(s). Refer to the Payment Calculation Summary form (CalRecycle 748-TRP) to calculate total pounds. See “Payment Calculation Summary Form” section for more information.

For Hot-Mix Projects: the total pounds of crumb rubber can be derived by multiplying the total tons of RAC hot-mix material used in the project(s) by the percent10 of crumb rubber in the binder and the percent11 binder in the mix multiplied by 2,000 (pounds per ton). The subsequent PTE can be derived by dividing the total pounds of crumb rubber by 12 (pounds per tire).

For Chip Seal Projects: the total pounds of crumb rubber can be derived by multiplying the total square yards of chip seal material used in the project(s) by the percent10 of crumb rubber in the binder and the spread rate12 multiplied by 8 (pounds per gallon) 13. The subsequent PTE can be derived by dividing this total pounds of crumb rubber by 12 (pounds per tire).

4. Contractor Summary
List of all contractors and subcontractors that supplied rubberized asphalt materials for the project. For each contractor and subcontractor the following information must be included:
• Name of Firm
• Contact person
• Address
• Concise statement of work completed
• Time period in which the work was completed
• Amount paid
10 Usually 15-20 percent, subject to a minimum of 15 percent for the grant project(s). 11 Usually between 7-8 percent for asphalt rubber/field blend; 5-6 percent for terminal blend.
12 Usually between 0.40 to 0.70 gal/yd2
.
13 Eight (8) pounds per gallon is the nominal specific weight in a typical chip seal application.

City Council/RSA Agenda 76 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 15 • A signed copy of the Reliable Contractor Declaration (CalRecycle 168) for the paving/prime contractor at the beginning of the project (subcontractors are optional).

Additionally, provide the subcontractor14 for the following (if applicable):
• Binder Supplier
• Hot-Mix/Chip Seal Manufacturer
• California Crumb Rubber Provider

5. Waste Tires Diverted
Total number of California waste tires diverted from the waste stream as a result of the project’s completion. This number (PTE) can be calculated when completing the Payment Calculation Summary form (CalRecycle 748-TRP). Also refer to item 3 above for the PTE formula. For more details about this form, refer to item C of the Supporting Documentation section in the Payment Request and Documentation section and the Payment Calculation Summary Form section.

This form is available at the Application and Grant Management Tools webpage (https://calrecycle.ca.gov/funding/tools/).

6. Photographs (uploaded separately in GMS)
Two digital photographs of the completed project. Pre-construction photographs are highly recommended, however, not mandatory.

Payment Calculation Summary Form
As part of the Payment Request submittal, a Payment Calculation Summary form (CalRecycle 748-TRP) must be uploaded in GMS. Complete the form, as appropriate.

Enter locations of paving (list of streets) and limits of paving (point A to point B).

Pounds of crumb rubber used and number of waste tires diverted can be calculated by completing this form. Samples of completed forms are provided on the right two tabs of the form. Various options are displayed showing different ways to enter project names and group data for easy-to-follow calculations. The last tab (titled Regional Application Sample) illustrates a sample for a Regional Grant. ABC County is the Lead Participant and City of XYZ is the Non-Lead Participant, requesting reimbursement for a joint hotmix project. One sample tab is provided for the form applicable to tribal entities. The form is available at the Application and Grant Management Tools webpage (https://calrecycle.ca.gov/funding/tools/). Save and upload the completed form as an Excel file. Do not save as a PDF file—it will not be accepted. 14 Refer to your paving/prime contractor for this information.

City Council/RSA Agenda 77 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 16 Grant Payment Information
• Payment to the grantee for eligible grant expenses is made on a reimbursement basis only, and only for those materials and services specified in the approved Project Summary and Calculation Sheet. Reimbursement will be determined by the actual cost, not to exceed the grant award amount. • The grantee may request reimbursement only twice during the Grant Term. In conjunction with (or after) submission of the Progress Report and in conjunction with the Final Report.
• The grantee must submit the required Progress Report/Final Report prior to, or concurrent with, submission of the Grant Payment Request. No reimbursement is made prior to Grant Manager approval of the report.
• The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the “Payment Request and Documentation” section for completed project(s) only.
• CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
• CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and Final Reports have been satisfied.
• CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date the Grant Manager approves a Grant Payment Request. • The grantee must provide a Reliable Contractor Declaration form (CalRecycle 168) (https://www2.calrecycle.ca.gov/Docs/Web/111324) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.

Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To submit a Grant Payment Request:

1. Go to the Payment Request tab.

2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.

City Council/RSA Agenda 78 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 17 a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.

4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded. a. Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.

Supporting Documentation
• Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as authorized by grantee’s Resolution or Letter of Commitment, must be uploaded to GMS.
 Note: A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager.
• Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of each of the following.
 Approved construction progress payment authorization, invoices, receipts, or purchase orders must include the vendor’s name and telephone number, address, description of goods or services purchased, amount of hot-mix or chip seal material produced for the project, amount due, and date. The claimed expenses should be highlighted and identified with applicable task number on each invoice.
o Proof of payment may include:
 copy of cancelled check(s) that shows an endorsement from the banking institution
 invoice(s) showing a zero balance, or stamped “paid” with a check number, date paid, and initials
 accounting system report from local government if it contains the vendor name, date of invoice, invoice number, check number or internal ID, and date amount was paid
 bank statement(s) along with a copy of the endorsed check or invoice showing the check number
 copy of an electronic funds transfer confirmation
 copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.

For a Regional Grant, the Lead Participant will be responsible for compiling all payment documentation from its Non-Lead Participant(s). • Payment Calculation Summary form (CalRecycle 748-TRP) City Council/RSA Agenda 79 Tuesday, February 25, 2025
Procedures and Requirements
Rubberized Pavement Grant Program, TRP17 (FY 2024–25) 18 o An Excel spreadsheet must be uploaded in GMS. Your reimbursement amount will be calculated and determined by completing this sheet. This amount will be entered in the Grant Payment Request form (CalRecycle 87). Refer to Payment Calculation Summary Form section for more information.
• Rubberized Pavement Certification form (CalRecycle 739-TRP) o A scanned copy must be uploaded in GMS. You must provide verification that only California-generated waste tires, processed in California were used (in an appropriate amount) in the crumb rubber portion of the project by signing and uploading this form via GMS. This form will be completed by your Binder Supplier.
• Supporting Document to the Rubberized Pavement Certificate form (CalRecycle 739-TRP)
o Provide copies of supporting documentation that validates only Californiagenerated waste tires, processed in California were used for this grant project. Acceptable forms of supporting documentation include Certificate of Compliance, Certificate of Origin, or Bill of Lading.

Request your Crumb Rubber Provider to supply this document.

Refer to your paving/prime contractor to determine who your Binder Supplier and Crumb Rubber Provider are for the project(s).

All forms listed above are available on the CalRecycle Application and Grant Management Tools webpage (https://calrecycle.ca.gov/funding/tools/).

Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the approved Project Summary and Calculation sheet, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.

City Council/RSA Agenda 80 Tuesday, February 25, 2025
Application
Application Information
Applicant: City of Union City
Cycle Name: Rubberized Pavement Grant Program Application Due Date: 9/12/2024 Cycle Code: TRP17 Secondary Due Date: 10/22/2024
Grant ID: 28899
Grant Funds Requested: $75,000.00
Matching Funds: $0.00 (if applicable)
Awarded Funds: $75,000.00
Project Summary: CalRecycle has edited the following summary to reflect the approved grant project: Annual citywide street pavement rehabilitation project. Paving various street with a combination of chip and slurry seal. 75,000 square yards of rubberized chip seal will be used. Proposed construction start date 07/2025.

Applicant/Participant
Name: City of Union City Lead: X
Federal Tax ID: Jurisdiction: Union City
County: Alameda
Contacts
Prime Second Auth Cnslt
Eddie Yu Title: Civil Engineer II X
Public Works
34009 Alvarado-Niles Rd
Union City, CA 94587
Phone: 5106755303
Fax:

Email: [email protected]
Marilou Ayupan Title: Public Works Director X
Public Works Department
34009 Alvarado Niles Rd
Union City, CA 94587
Phone: 5106755306
Fax:

Email: [email protected]
Joan Malloy Title: City Manager X
Public Works Department
34009 Alvarado Niles Rd
Union City, CA 94587
Phone: 5106755344
Fax:

Email: [email protected]
Budget
Category Name Amount
Materials $75,000.00
No Site Information Provided
Documents Document Title Received Date
Required
Application Certification Application Certification 10/1/2024 Project Summary & Calculation Project Summary and Calculation v9.0 (Tier 2)_City of Union City 9/9/2024 Project Summary & Calculation Approved Project Summary and Calculation 11/18/2024 Required By Secondary Due Date
Resolution/Letter of Commitment Resolution/Letter of Commitment 9/9/2024 Generated By: Farrah Fadrigon
Grants Management System (GMS)

Page 1 of 2 ends

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=28899 Date Generated: December 16, 2024 9:28 AM
City Council/RSA Agenda 81 Tuesday, February 25, 2025
Other Supporting Document(s)
Inducement for Furthering Specific CalRecycle
and Environmental Goals
Joint Powers Agreement
Letter of Designation Letter of Designation 10/1/2024
Memorandum of Understanding
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.

X Applicant acknowledges that a Resolution is uploaded in the application. The Resolution must be approved by its governing body, which authorizes submittal of the application and designates a signature authority. If applicable, applicant has uploaded a Letter of Designation (LOD) designating an additional signature authority(ies).

EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices (EPPP) Policy? X Yes, our organization and any participants have an EPPP Policy. Organization refers to a company, business, or the entire city or county applicant, not an individual office or sub-unit of the larger entity.

Program Questions
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities or joint powers authorities that include charter cities, the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that a participating jurisdiction is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.

If any applicant or participating jurisdiction is a charter city or a joint powers authority that contains one or more charter cities, does Labor Code section 1782 prohibit those charter cities from receiving state funding for the project described in this grant application? Check the following, as applicable.

X Not Applicable. This application does not include any charter cities.

Does the applicant certify that all crumb rubber used in the proposed project(s) will be derived from only California-generated waste tires and processed in California? (Must answer YES in order to be eligible) (x Yes) ( No)
Does the applicant certify that binder material used in all project(s) will contain a minimum of 300 pounds (or equivalent to [15%] by weight) of the tirederived crumb rubber per ton of rubberized binder? (Must answer YES in order to be eligible) (x Yes) ( No)
No grant eligible costs may be incurred prior to execution of the Grant Agreement and issuance of the Notice to Proceed. You may plan and bid the project, however the placement/installation of the hot-mix or chip seal material may not occur prior to the date indicated in the Notice to Proceed. Any and all otherwise eligible costs that are incurred prior to the date indicated in the Notice to Proceed will not be reimbursed. Do you acknowledge that no costs will be paid for material placed or installed prior to the date indicated in the Notice to Proceed? (x Yes) ( No)
Does your organization (and participating entities if a joint/regional application) implement best management practices for its vehicle and equipment fleet? See the Vehicle and Equipment Fleet Requirement in the Application Guidelines and Instructions document for more information, including list of recommended practices. (Must answer YES in order to be eligible) X Yes, our organization acknowledges and implements such practices, otherwise the application will be disqualified. (OPTIONAL) Has your organization adopted a policy that rubberized asphalt concrete (RAC) is either the default material or that an alternative bid using rubberized material will be considered for all appropriate pavement projects? (DO NOT upload your existing EPPP Policy or your Purchasing Policy.)
X No
(OPTIONAL) Has your organization adopted a policy that tire-derived aggregate (TDA) is either the default material or that an alternative bid using TDA must be considered for all appropriate projects? (DO NOT upload your existing EPPP Policy or your Purchasing Policy.) X No
(OPTIONAL) Has your organization adopted a policy that it will use retread tires for all applicable fleet vehicles and equipment? (DO NOT upload your existing EPPP Policy or your Purchasing Policy.)
X No
(OPTIONAL) Tire-Derived Aggregate (TDA) is made from shredded scrap tires and is used in a wide range of construction projects. CalRecycle offers a TDA Grant Program that funds civil engineering solutions utilizing TDA. Are you interested in a TDA presentation to learn more about the uses and benefits of TDA and the CalRecycle TDA Grant Program?
(x Yes) ( No)

Page 2 of 2 ends

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=28899 Date Generated: December 16, 2024 9:28 AM
City Council/RSA Agenda 82 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION ACCEPTING COMPLETION OF THE MARINER PARK PLAY EQUIPMENT & SURFACE REPLACEMENT PROJECT, CITYPROJECT NO. 24-13

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution accepting completion of the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

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

BACKGROUND
On June 11, 2024, the City Council adopted Resolution No. 6312-24, awarding a construction contract to G & G Builders, Inc., of Livermore, California, in the amount of $335,362, for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13. The contractor has completed the project in accordance with project plans and specifications, and on January 25, 2025, the City held a park ribboncutting and re-opening ceremony on Saturday, January 25, 2025.

DISCUSSION
The Mariner Park Play Equipment & Surface Replacement Project made several improvements that include:

1. Removal and replacement of the main playground & swing structure.

2. Replacement of the play surface.

3. Addition of inclusive basket swing, swirl, and other playground elements for all ages and abilities users.

The project was substantially completed in December 2024 and all final project punch-list items have been resolved with the contractor. The final construction cost for the project is $342,522.27, which is $7,160.27 (2.13%) above the original construction contract amount. This increase is due to one change order to repair a play surface area that was not included in the original contract but was necessary for safety reasons.

FISCAL IMPACT
The project was funded with Special Parks funds (Fund 2550).

City Council/RSA Agenda 83 Tuesday, February 25, 2025
The overall cost of construction is within the final project construction budget and sufficient funds are available for the requested City Council action.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting completion of the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, and authorizing the release of the retention payment, in the amount of $17,126.11, to G & G Builders, Inc.

Prepared by:

Trieu Tran, Civil Engineer III
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
ExhibitA - Certificate of Completion Exhibit
Exhibit B- Notice of Completion Exhibit
City Council/RSA Agenda 84 Tuesday, February 25, 2025

Page 1 of 2 ends

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY ACCEPTING COMPLETION OF THE

MARINER PARK PLAY EQUIPMENT & SURFACE
REPLACEMENT PROJECT, CITY PROJECT NO. 24-13
WHEREAS, on June 11, 2024, the City Council adopted Resolution No. 6312-24, awarding a construction contract to G & G Builders, Inc., of Livermore, California, in the amount of $335,362, for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13; and
WHEREAS, the Mariner Park Play Equipment & Surface Replacement Project made several improvements that include:

1. Removal and replacement of the main playground & swing structure

2. Replacement of the play surface

3. Addition of inclusive basket swing, swirl, and other playground elements for all ages and abilities users; and
WHEREAS, the project was substantially completed in December 2024 and all final project punch-list items have been resolved with the contractor; and WHEREAS, the final construction contract cost for the project work is $342,522.27, which is $7,160.27 (2.13%) above the original contract amount. This increase was due to one change order to repair a play surface area that was not included in the original contract but was necessary for safety reasons; and
WHEREAS, the project was funded with Special Parks funds (Fund 2550).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept as complete the improvements, in the final amount of $342,522.27, for the Mariner Park Play Equipment & Surface Replacement Project, City Project No. 24-13, as described in the Certificate of Completion, attached as Exhibit A; and
BE IT FURTHER RESOLVED that the City Clerk of the City of Union City be directed to record the Notice of Completion, attached as Exhibit B, with the Office of the County Recorder of Alameda County, California; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorize the City to make a final retention payment, in the amount of $17,126.11, to G & G Builders, Inc., for the completion of improvements of City Project No. 24-13 in accordance with the plans and specifications on file at the Office of the Public Works Director.

City Council/RSA Agenda 85 Tuesday, February 25, 2025
Resolution 2025-XXXX
Accept Completion of Mariner Park Rehabilitation

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 25th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – Certificate of Completion

2. Exhibit B – Notice of Completion and Notice of Acceptance City Council/RSA Agenda 86 Tuesday, February 25, 2025

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: MARINER PARK PLAY EQUIPMENT & SURFACE REPLACEMENT PROJECT, CITY PROJECT NO. 24-13
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That the project consisted of removal and replacement of the main playground & swing structure, replacement of the play surface, and addition of inclusive basket swing, swirl, and other playground elements for all ages and abilities users; and b. That the contract agreement was approved by the City Council on June 11, 2024, in the amount of $335,362; and
c. That the adopted and approved plans and specifications have been changed in the following respects:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Project Total Invoiced $ 335,362.27
1 Change order items (repair PIP surface area
outside of main playground) $ 7,160.00
Total Construction Contract Cost to City $ 342,522.27
d. That the work performed has been done in accordance with such plans and specifications.
e. That G & G Builders, Inc., performed the work at a total cost of $342,522.27, including the above noted contract change description.
f. That the Final retention amount of $17,126.11 will be released after 35 days from the project’s acceptance.

Dated: ___________________________________
MARILOU AYUPAN, P.E.

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 87 Tuesday, February 25, 2025
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)

NOTICE OF COMPLETION

AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: MARINER PARK PLAY EQUIPMENT & SURFACE REPLACEMENT PROJECT, CITY PROJECT NO. 24-13
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 25th day of February, 2025, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to G & G Builders, Inc., of Livermore, CA, and entered into on June 11, 2024, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City.

That said park improvements installed at Mariner Park were accepted by the Public Works Director of the City of Union City on the 25
th day of February, 2025, and that the name of the
surety on the Contractor's bond for labor and materials on said contract is The Ohio Casualty Insurance Company.

That the following work has been completed: Mariner Park Play Equipment & Surface Replacement Project, consisting of removal and replacement of the main playground & swing structure, replacement of the play surface, and addition of inclusive basket swing, swirl, and other playground elements for all ages and abilities users.

Dated: , 2025. ___________________________________

MARILOU AYUPAN

PLEASE COMPLETE THIS

INFORMATION
RECORDING REQUESTED BY:

The City of Union City
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
WHEN RECORDED MAIL TO:

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 88 Tuesday, February 25, 2025

PUBLIC WORKS DIRECTOR
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (GOVT. CODE 27361.6 )

STATE OF CALIFORNIA )
)

COUNTY OF ALAMEDA )
MARILOU AYUPAN, being first duly sworn, deposes and says:

That she is the duly appointed Public Works Director of the City of Union City, California; that she has read the foregoing Notice of Completion and Notice of Acceptance and knows the contents thereof, and that the same is true of her own knowledge except as to the matters therein stated on her own information and belief, and as to those matters that she believes to be true.
___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR
Subscribed and sworn to before me
this day of __________, 2025.
____________________________________________
Notary Public in and for the City of Union City,
County of Alameda, State of California
City Council/RSA Agenda 89 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH PARK ENGINEERING, IN THE AMOUNT OF $100,000, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $374,000, FOR ENCROACHMENT PERMIT INSPECTION

SERVICES

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Park Engineering, retroactive to July 1, 2024, in the amount of $100,000, for a total not-to-exceed contract amount of $374,000, for Encroachment Permit Inspection Services.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

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

BACKGROUND
The inspection staff of the Public Works Engineering Division currently consists of a team of three employees: a Supervising Construction Inspector, a Lead Construction Inspector, and a Public Works Inspector. The Public Works inspection staff monitors the construction of various projects to ensure that they meet City engineering standards and are built to City specifications. There are several significant projects currently in construction, including the following Capital Improvement Projects (CIP) and land development projects:

Union City Boulevard Bike Lanes Project
Union Landing RoadwayAccess Improvements
City Hall Interior Improvements (GardenAtrium Renovation) Citywide Streetlight LED Conversion Project
Station East Residential/Mixed Use Project
Nuvera Homes/Turk Island Improvements
Central Avenue Streetlight Repair
The following CIP projects are either due to begin construction or due to be sent out to bid soon:

HMGP Senior Center Generator (Ruggieri Senior Center)
BART PedestrianAt-Grade Crossing (to East Plaza)
Park Repairs & Renovations (Heritage Park Improvements) Stadium Lighting for Sports Fields (Shorty Garcia Park) City Council/RSA Agenda 90 Tuesday, February 25, 2025
Additionally, the inspection staff oversees all the encroachment permit work done in the City. The City requires utility companies and development contractors who construct utility, traffic signal, roadway, or sidewalk improvements within the City’s public right of way to get an encroachment permit to ensure that proposed improvements meet the City’s design criteria and standards. During the past three years, the City has issued over one thousand eighty-eight (1,088) encroachment permits totaling over $1,293,000 in permit fees. The revenue generated by encroachment permits is deposited into the General Fund.

On June 1, 2023, the City entered into a Consulting Services Agreement with Park Engineering (C5997), in the amount of $74,000, to address the vacancy created by the departure of a Public Works Inspector. Due to an unforeseen increase in workload, staff requested additional funds for inspection support, and, on September 26, 2023, the City Council passed Resolution No. 6205-23, approving the First Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, and, on December 12, 2023, the City Council adopted Resolution No. 6236-23, approving the Second Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000.

DISCUSSION
The Public Works inspection staff continues to face staffing shortages due to a significant increase in workload as projects that were previously stalled due to the worldwide pandemic and are now moving forward. Additionally, a number of recent staffing challenges have adversely impacted their ability to manage the demanding workload. Unforeseen absences and work restrictions due to personal reasons has impacted all three of the inspector positions. This necessitates additional hiring to ensure the inspection work continues to get done.

Staff is satisfied with the performance of Park Engineering and considers their role essential to maintain the level of service that the Engineering Division needs to provide until the Public Works inspection staff is at a level that can fully handle the demands of both public and private projects.

FISCAL IMPACT
The total cost of the Third Amendment to the Consulting Services Agreement with Park Engineering is $100,000 and will be funded with $50,000 from the Street Lights & Landscape Fund (Account Number 2591-35-30-310-3120-312001-54110) and $50,000 from the General Fund (Account Number 1110-35-30-310-3120-312001-54110).

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Park Engineering, retroactive to July 1, 2024, in the amount of $100,000, for a total not-to-exceed contract amount of $374,000, for Encroachment Permit Inspection Services.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - ThirdAmendment Attachment
Draft Resolution Resolution
City Council/RSA Agenda 91 Tuesday, February 25, 2025
Third Amendment to the Consulting Services Agreement
between City of Union City and Park Engineering

Page 1 of 3 ends

THIRD AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5997)
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 1st day of July, 2024, by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Park Engineering, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on June 1, 2023, the Parties entered into a Consulting Services Agreement (C5997) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Encroachment Permit Inspection Services, in the amount of $74,000; and WHEREAS, on September 26, 2023, the Parties entered into a First Amendment to the Consulting Services Agreement (C5997b) (“First Amendment”) to increase the compensation by $100,000 to a not-to-exceed contract amount $174,000; and
WHEREAS, on December 12, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement (C5997c) (“Second Amendment”) to increase the compensation by $100,000 to a not-to-exceed contract amount $274,000; and WHEREAS, the Parties desire to further amend the Agreement to extend the term of services to be provided by the Consultant and to increase the compensation per the rate schedule in Exhibit B to this Third Amendment; and
WHEREAS, the City and Consultant desire to enter into this Third Amendment.

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

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

2. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of One Hundred Thousand Dollars ($100,000). The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Three Hundred Seventy-Four Thousand Dollars ($374,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Three Hundred Seventy-Four Thousand Dollars ($374,000), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

4. All other provisions of the Agreement, remain unchanged except as modified by this Third Amendment.

Docusign Envelope ID: F5C3C229-9000-486F-A6BB-1239A155801A City Council/RSA Agenda 92 Tuesday, February 25, 2025
Third Amendment to the Consulting Services Agreement
between City of Union City and Park Engineering

Page 2 of 3 ends

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

THE CITY OF UNION CITY PARK ENGINEERING
By By
Joan Malloy Jaemin Park
City Manager President
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
Docusign Envelope ID: F5C3C229-9000-486F-A6BB-1239A155801A City Council/RSA Agenda 93 Tuesday, February 25, 2025
Third Amendment to the Consulting Services Agreement
between City of Union City and Park Engineering

Page 3 of 3 ends

EXHIBIT B

COMPENSATION SCHEDULE

HOURLY RATES

RATE SCHEDULE FOR PROFESSIONAL SERVICES
Name/Classification Hourly
Rates
Resident Engineer/Construction Manager $226.36 - $286.04 Per hour Structures Representative $226.36 - $286.04 Per hour
Construction Inspector/
Assistant Resident Engineer $166.56 - $216.64 Per hour
Office Engineer $138.80 - $183.50 Per hour
Claims Specialist $219.77 - $286.04 Per hour
* Hourly rates increase by 3% annually in January of each year.

Reimbursable Charges
Reimbursable charges may include, but are not limited to:
• Special items as requested by City
• Reproduction services
• Postal and other delivery charges
Docusign Envelope ID: F5C3C229-9000-486F-A6BB-1239A155801A City Council/RSA Agenda 94 Tuesday, February 25, 2025
RESOLUTION NO. 2025-XXXX

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 PARK
ENGINEERING, IN THE AMOUNT OF $100,000, FOR A

TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF
$374,000, FOR ENCROACHMENT PERMIT INSPECTION

SERVICES
WHEREAS, the inspection staff of the Public Works Engineering Division currently consists of a team of three employees: a Supervising Construction Inspector, a Lead Construction Inspector, and a Public Works Inspector; and WHEREAS, the Public Works inspection staff monitors construction of various projects to ensure that they meet City engineering standards and are built to City specifications. There are currently multiple significant construction projects underway, in addition to the encroachment permit work, which generates significant revenue for the City; and
WHEREAS, on June 1, 2023, due to a vacancy in the inspection staff, the City entered into a Consulting Services Agreement (C5997) with Park Engineering to provide inspection services, in the amount of $74,000; and
WHEREAS, on September 26, 2023, the City Council passed Resolution No. 6205-23, approving the First Amendment to the Consulting Services Agreement (C5997b) with Park Engineering, in the amount of $100,000, for a total not-to-exceed amount of $174,000, to address an unforeseen increase in the workload; and WHEREAS, on December 12, 2023, the City Council adopted Resolution No. 6236-23, approving the Second Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, which authorized the continuation of necessary inspection services to assist the Public Works Engineering Division with CIP and development projects, and grading and encroachment permits through July 1, 2024; and
WHEREAS, Public Works inspection staff continues to face personnel shortages and a number of recent challenges which have adversely impacted their ability to manage the demanding and steadily increasing workload; and
WHEREAS, the Third Amendment, in the amount of $100,000, will be funded with $50,000 from the Street Lights & Landscape Fund (Account Number 2591-35-30-310- 3120-312001-54110) and $50,000 from the General Fund (Account Number 1110-35-30- 310-3120-312001-54110).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Third Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, for a total not-to-exceed contract amount of $374,000, for encroachment permit inspection services.

City Council/RSA Agenda 95 Tuesday, February 25, 2025
Resolution No. 2025-XXXX
Approve Third Amendment to CSA with Park Engineering

Page 2 of 2 ends

BE IT FURTHER 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 Park Engineering, retroactive to July 1, 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 96 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION APPROVINGAN AMENDMENT TO UPDATE THE CLASS SPECIFICATIONS FOR THE

CLASSIFICATIONS OF PRESCHOOL SITE SUPERVISOR I AND PRESCHOOL SITE SUPERVISOR II

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution to approve an update of the class specifications for the classifications of Preschool Site Supervisor I and Preschool Site Supervisor II

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 classifications of Preschool Site Supervisor I and Preschool Site Supervisor II job duties and the needs of the City's Community and Recreation Services Department, staff is recommending modifications to the classification specification/job description. These changes will align position functions with appropriate qualifications and experience expectations.

DISCUSSION
The proposed classification specification includes modifications to align qualifications, experience and skills expected for the positions. The proposed changes also remove outdated requirements and terms. The goal is to provide clarity on essential functions, to articulate the class characteristics, clarify minimum educational and experience qualifications, and any certifications during the next recruitment.

The City has met and conferred with the Service Employees International Union (SEIU) regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time. The Community and Recreation Services Department worked with the Human Resources Department to ensure the class specification is updated prior to future recruitments

FISCAL IMPACT
There is no fiscal impact for the position specification changes being proposed

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification/classifications of Preschool Site Supervisor I and Preschool Site Supervisor II.

Prepared by:

City Council/RSA Agenda 97 Tuesday, February 25, 2025
Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Preschool Site Supervisor I(Clean) Attachment
Preschool Site Supervisor I(Redlined) Attachment
Preschool Site Supervisor II(Clean) Attachment
Preschool Site Supervisor II(Redlined) Attachment
City Council/RSA Agenda 98 Tuesday, February 25, 2025
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN AMENDMENT TO UPDATE

THE CLASS SPECIFICATION FOR THE

CLASSIFICATIONS OF PRESCHOOL SITE SUPERVISOR

I AND PRESCHOOL SITE SUPERVISOR II
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the classifications of Preschool Site Supervisor I and Preschool Site Supervisor II; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan to update the class specification for the classifications of Preschool Site Supervisor I and Preschool Site Supervisor II; 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 classifications of Preschool Site Supervisor I and Preschool Site Supervisor II; 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 the updated classifications of Preschool Site Supervisor I and Preschool Site Supervisor II, attached hereto and incorporated herein by reference, effective February 25, 2025; and
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take further actions as may be necessary to implement the proposed revisions to the class specification for the classifications of Preschool Site Supervisor I and Preschool Site Supervisor II.

City Council/RSA Agenda 99 Tuesday, February 25, 2025
Resolution No. 2025-XXX
Amendment to Update Class Specification for Preschool Site Supervisor I and II

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 25th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – Preschool Site Supervisor I Classification Update

2. Exhibit B – Preschool Site Supervisor II Classification Update City Council/RSA Agenda 100 Tuesday, February 25, 2025
1 PRESCHOOL SITE SUPERVISOR I
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50561
Created/Updated: 2/25/2025
DEFINITION:

Under the general supervision of the Recreation Supervisor, the Preschool Site Supervisor I will assist in managing a preschool classroom, develop lesson plans, and effectively promote the emotional, physical, mental, and social wellbeing in a classroom environment. The Preschool Site Supervisor I will be responsible for collaborating with Preschool Site Supervisor II with planning and implementing of a program to teach young children and ensure that equipment and facilities are clean, safe, and well maintained. They must ensure the development and safety of the children are in accordance with relevant state licensing policies.

CLASS CHARACTERISITICS:

Preschool Site Supervisor I is an entry-level class in the Preschool Site Supervisor series in the Community and Recreation Services Department. Incumbents in this class will provide professional and technical support in the administration of the programs. The Preschool Site Supervisor I is distinguished from the Preschool Site Supervisor II, as the former is the entry-level class in training and learning the full scope of the assigned duties and the latter is a journey-level class and has a high degree of independence, level of responsibility, and greater complexity of the assignments.

EXAMPLES OF DUTIES (illustrative only):
• Collaborate with Preschool Site Supervisor II to present a daily curriculum for the children which includes the preparation of engaging creative activities, games, outdoor activities, and teaching programs that are age and culturally appropriate.
• Actively teach learning activities to the children.
• Research available teaching methods to best meet the interest and needs of the children.
• Establish routines and ensure daily schedule is followed. • Plan and supervise field trips and class projects.
• Discuss disciplinary issues with parents in an appropriate and sensitive manner; provide parents with resources.
• Promote early education and literacy by reading books to the children or having them engage in activities.

City Council/RSA Agenda 101 Tuesday, February 25, 2025
2 • Develop positive and transparent relations with parents. Maintain communication with parents and staff verbally and in writing. • Attend to the basic needs of the children such as dressing, feeding, and teaching the children proper hygiene and bathroom etiquette.
• Maintain a clean, safe and organized classroom. Maintain inventory; select, store, and issue classroom supplies, equipment, and materials. • Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
• Observe children, document social / educational development, and clearly and frequently communicate progress with parents, keeping them informed of program expectations, program activities and their child’s progress, and provide guidance as needed.
• Create a positive preschool and work environment that includes providing safety, enrichment, and the building of children’s esteem.
• Implement positive discipline and behavior modification as needed. • Participate in professional workshops that work for the improvement of early childhood education.
• Responsible for opening, closing and security the facility. Ensure monthly safety and fire drills.
• Additional duties as assigned by Recreation Supervisor and Program Coordinator.

MINIMUM QUALIFICATIONS:

Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills and abilities would be:

EDUCATION AND EXPERIENCE:

An AA in Child Development or a minimum of 60 units which include 24 ECE/CD units with core courses, 16 GE units plus 6 administration units and 2 adult supervision units.

Must have two (2) years’ experience working with children ages 2-5 desirable.

LICENSE AND CERTIFICATIONS:

Possession of CPR, AED & First Aid certifications by first day of employment.

Child Development Site Supervisor Permit desirable.

KNOWLEDGE AND ABILITIES:

Knowledge Of:
• Early childhood development including but limited to social/emotional (trauma informed practice), language and literacy, cognitive, and physical development.

City Council/RSA Agenda 102 Tuesday, February 25, 2025
3 • Practices, procedures, programs, services, operation, and administration of childcare programs like but not limited to the California Learning Foundations and Curriculum Frameworks strategies.
• Relevant CDC regulations, California State Licensing codes and laws relating to Preschool Program.

Ability To:
• Ensure safe risk management practices.
• Implement creativity in the various experiences and activities for children including songs, games and storytelling.
• Be compassionate and caring towards others.
• Promote literacy and early education programs.
• Be a role model and mentor to staff.
• Supervise and comfort children in a nurturing manner. • Demonstrate effective verbal, listening and communication skills to children and adults.
• Integrate special needs children in a positive and respectful manner. • Discuss identified problems and needs with professionals as appropriate. • Plan and participate in community and school events and activities (i.e. Open House, graduations, department, and city events).
• Develop monthly curriculum and daily lesson plans; adhere and monitor program budget; maintain current, accurate and confidential client files. • Demonstrate strong supervisory and team building skills, time management and problem-solving skills and can make decisions effectively. • Deal courteously and effectively with people of all diverse, cultural, and socioeconomic levels under hostile and emergency situations. • Learn and implement the principles, practices, procedures, laws and ordinances, terminology, and operation of equipment used in law enforcement and crime prevention and investigation.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

City Council/RSA Agenda 103 Tuesday, February 25, 2025
4 Ability to work in a classroom environment as well as outdoors playground, open field and walkways around the facility; frequently exposed to outdoor weather conditions, loud noise and unpleasant odors. Must possess the ability to lift up to 35 pounds (weight of a child) occasionally and frequently carry, push, pull or otherwise move objects.

This is a classroom position, not an administrative/office position.

This position will require fingerprinting and a current TB test.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 104 Tuesday, February 25, 2025
1 PRESCHOOL SITE SUPERVISOR I
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50561
Created/Updated:
7/1/20151/28/20252/25/2025
DEFINITION:

Under the general supervision of the Recreation Supervisor,, Program Coordinator and Preschool Site Supervisor II, this position must be qualified as a California State Licensed Site Supervisor. Position the incumbent in this positionPreschool Site Supervisor I will assist in managinge a preschool classroom, develop lesson plans, and effectively promote the emotional, physical, mental, and social wellbeing in a classroom environment. The Preschool Site Supervisor I will be responsible for collaborating with Preschool Site Supervisor II with planning and implementing of aa program to teach young children ; including being respectful of children and parents; and ensure that equipment and facilities are clean, safe, and well maintained. They must ensure the development and safety of theese children are in accordance with relevant state licensing policies. The Preschool Site Supervisor I is a part-time position. who will help oversee the other part-time preschool staff.

CLASS CHARACTERISITICS:

Preschool Site Supervisor I is an entry level position after acquiring experience and completing educational requirementsthean entry-level class in the Preschool Site Supervisor series in the Community and Recreation ServicesRS Department. Incumbents in this class will provide professional and technical support in the administration of the programs. The Preschool Site Supervisor I is distinguished from the Preschool Site Supervisor II, as the former XXX is the entry-level class in training and learning the full scope of the assigned duties and the latter is a journey-level class and XXXhas a high degree of independence, level of responsibility, and greater complexity of the assignments.. Incumbents may advance to the higher level after gaining the knowledge, skill, experience, licenses, and certifications which meet the qualifications for and demonstrating the ability to perform the work of the higher-level class. Preschool Site Supervisor I will work closely and require supervision from the Preschool Site Supervisor II.

EXAMPLES OF DUTIES (illustrative only):
• Collaborate with Preschool Site Supervisor II to presentDevelop a daily curriculum for the children whichthat includes the preparation of engaging City Council/RSA Agenda 105 Tuesday, February 25, 2025
2 creative activities, games, outdoor activities, and teaching programs that are age and culturally appropriate.
• Actively demonstrate- teach learning activities to the children. • Research available teaching methods to best meet the interest and needs of the children.
• Establish routines and ensure daily schedule is followed. • Plan and supervise field trips and class projects.
• Discuss disciplinary issues with parents in an appropriate and sensitive manner.; Pprovide parents with resources.
• Monitor the children’s development and report on progress with other teachers and parents.
• Read books to the children and pPromote early education and literacy by reading books to the children or having them engage in activities. • Develop positive and transparent relations with parents. Maintain communication with parents and staff verbally and in writing., including the creation and distribution of a monthly newsletter.
• Plan and provide a nutritious month snack menu. Order monthly snack orders. • Attend to the basic needs of the children such as dressing, feeding, and teaching the children proper hygiene and bathroom etiquette.
• Maintain a clean, safe and organized classroom. Maintain inventory; select, store, and issue classroom supplies, equipment, and materials.

Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
•
Observe children, document social / educational development, and clearly and frequently communicate progress with parents, keeping them informed of program expectations, program activities and their child’s progress, and provide guidance as needed.

Communicate clearly and frequently with parents; keeping them informed of program expectations, program activities and their child’s progress. •
• Plan and lead all staff meetings and recommended training programs and conferences.
• Create a positive preschool and work environment that includes providing safety, enrichment, and the building of children’s esteem.
•
Implement positive discipline and behavior modification as needed. •
• Participate in professional workshops that work for the improvement of early childhood education.
• Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
• Responsible forility of opening, closing and security the facility. Ensure monthly safety and fire drills.
• Additional duties as assigned by Recreation Supervisor and Program Coordinator.

City Council/RSA Agenda 106 Tuesday, February 25, 2025
3 MINIMUM QUALIFICATIONS:

EDUCATION AND EXPERIENCE:

Bachelor’s Degree in Early Childhood Development or anAn AA in Child Development or a minimum of 60 units which include 24 ECE/CD units with core courses, 16 GE units plus 6 administration units and 2 adult supervision units would meet all requirements to be a qualified . Must be qualified as a California State Licensed Site Supervisor. and Must have at least 3two (2) -4 years’ experience working with children ages 2-5 desirable.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s License and have a satisfactory driving record.

Possession of CPR, AED & First Aid certifications by first day of employment.

California State LicensedChild Development Site Supervisor Permit desirable.

KNOWLEDGE AND ABILITIES:

Ability To:
• Ensure safe risk management practices so children are supervised at all times.

City Council/RSA Agenda 107 Tuesday, February 25, 2025
4 • Provide Implement creativity in the various experiences and activities for children including songs, games and storytelling.
• Ability to bBe compassionate and caring towards others. • Promote literacy and early education programs.
• Create a positive preschool and work environment that includes providing safety, enrichment, and the building of children’s esteem.
• Be a role model and mentor to staff.
• Supervise and comfort children in a nurturing manner. • Implement positive discipline and behavior modification as needed. • Demonstrate effective verbal, listening and communication skills to children and adults.
• Observe children, document social / educational development, clearly communicate progress with parents, and provide guidance as needed. • Integrate special needs children in a positive and respectful manner. • Discuss identified problems and needs with professionals as appropriate. • Plan and participate in community and school events and activities (i.e. Open House, graduations, department, and city events).
• Communicate clearly and frequently with parents; keeping them informed of program expectations, program activities and their child’s progress. • Develop monthly curriculum and daily lesson plans; adhere and monitor program budget; maintain current, accurate and confidential client files. • Demonstrate strong supervisory and team building skills, time management and problem-solving skills and have the ability tocan make decisions effectively. • Deal courteously and effectively with people of all diverse, cultural, and socioeconomic levels under hostile and emergency situations. • Learn and implement the principles, practices, procedures, laws and ordinances, terminology, and operation of equipment used in law enforcement and crime prevention and investigation.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s License and have a satisfactory driving record.

Possession of CPR, AED & First Aid certifications by first day of employment WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

The Preschool Site Supervisor I is a part-time position.

City Council/RSA Agenda 108 Tuesday, February 25, 2025
5 Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Ability to work in an officeclassroom environment as well as outdoors playground, open field and walkways around the facility; frequently exposed to outdoor weather conditions, loud noise and unpleasant odors. Must possess the ability to lift up to 35 pounds (weight of a child) occasionally and frequently carry, push, pull or otherwise move objects.

Sedentary Work: Exerting up to 35 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

This is a classroom position, not an administrative/office position.

This position will require fingerprinting and a current TB test.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 109 Tuesday, February 25, 2025
1 PRESCHOOL SITE SUPERVISOR II
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50560
Created/Updated: 2/25/2025
DEFINITION:

Under the general supervision of the Recreation Supervisor, the Preschool Site Supervisor II will manage a preschool classroom, develop lesson plans, and effectively promote the emotional, physical, mental and social wellbeing in a classroom environment. The Preschool Site Supervisor II will be responsible for planning and implementing a program to teach young children and ensure that equipment and facilities are clean, safe and well maintained. This position must ensure the development and safety of these children are in accordance with relevant state licensing policies.

CLASS CHARACTERISITICS:

Preschool Site Supervisor II is the journey-level class in the Preschool Site Supervisor series in the Community and Recreation Services Department. This classification is distinguished from Preschool Site Supervisor I position by the high degree of independence, level of responsibility and the greater complexity of the assignments. It is further distinguished from the lower level of Preschool Site Supervisor I, in that the latter is the entry-level class in the series and is in training, learning the full scope of the assigned duties and responsibilities and the Preschool Site Supervisor II has general supervision over the I.

EXAMPLES OF DUTIES (illustrative only):
• Develop a daily curriculum for the children that includes the preparation of engaging creative activities, games, outdoor activities and teaching programs that are age and culturally appropriate.
• Responsible for meeting all licensing regulations, agency policies & procedures and the Education Code as applicable.
• Actively teach learning activities to the children.
• Research available teaching methods to best meet the interest and needs of the children.
• Establish routines and ensure daily schedule is followed. • Plan and supervise field trips and class projects.
• Discuss disciplinary issues with parents in an appropriate and sensitive manner.

Provide parents with resources.
• Responsible for accurate update of records on site including but not limited to:
enrollment, curriculum, and observations.
• Read books to the children and promote early education and literacy.

City Council/RSA Agenda 110 Tuesday, February 25, 2025
2 • Create a positive preschool and work environment that includes providing safety, enrichment and the building of children’s esteem.
• Implement positive discipline and behavior modification as needed. • Observe children, document social / educational development, and clearly and frequently communicate progress with parents, keeping them informed of program expectations, program activities and their child’s progress, and provide guidance as needed.
• Develop positive relations with parents. Maintain communication with parents and staff verbally and in writing, including the creation and distribution of a monthly newsletter (working with Program Coordinator).
• Plan and provide a nutritious month snack menu. Order monthly snack orders. • Attend to the basic needs of the children such as dressing, feeding and teaching the children proper hygiene and bathroom etiquette.
• Maintain a clean, safe and organized classroom. Maintain inventory; select, store, and issue classroom supplies, equipment and materials. • Plan and lead all staff meetings and recommended training programs and conferences.
• Participate in professional workshops that work for the improvement of early childhood education.
• Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
• Responsible for of opening, closing and security the facility. • Conduct fire and earthquake drills every month along with any other required safety drills.
• Additional duties as assigned by Recreation Supervisor and Program Coordinator.

MINIMUM QUALIFICATIONS:

EDUCATION AND EXPERIENCE:

This position requires a Bachelor’s Degree and a minimum of 32 units which include 24 ECE/CD units with core courses, 6 administration units and 2 adult supervision units.

Must have three (3) years’ of experience working with children ages 2-5 as a qualified Site Supervisor.

LICENSE AND CERTIFICATIONS:

City Council/RSA Agenda 111 Tuesday, February 25, 2025
3 Child Development Site Supervisor Permit qualified and possession of Mandated Reporter Training Certificate, CPR, AED & First Aid certifications by first day of employment.

Child Development Program Director Permit and/or Child Development Site Supervisor permit is desirable.

KNOWLEDGE AND ABILITIES:

Ability To:
• Ensure safe risk management practices.
• Implement creativity in the various experiences and activities for children including songs, games and storytelling.
• Be compassionate and caring towards others.
• Promote literacy and early education programs.
• Be a role model and mentor to staff.
• Supervise and comfort children in a nurturing manner. • Demonstrate effective verbal, listening and communication skills to children and adults.
• Integrate special needs children in a positive and respectful manner. • Discuss identified problems and needs with professionals as appropriate. • Plan and participate in community and school events and activities (i.e. Open House, graduations, department and city events).
• Develop monthly curriculum and daily lesson plans; adhere and monitor program budget; maintain current, accurate and confidential client files. • Demonstrate strong supervisory and team building skills, time management and problem-solving skills and can make decisions effectively. • Deal courteously and effectively with people of all diverse, cultural, and socioeconomic levels under hostile and emergency situations. • Meet all licensing regulations, agency policies & procedures and the Education Code as applicable.

City Council/RSA Agenda 112 Tuesday, February 25, 2025
4 WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

Ability to work in an office environment as well as outdoors playground, open field and walkways around the facility; frequently exposed to outdoor weather conditions, loud noise and unpleasant odors. Must possess the ability to lift up to 35 pounds (weight of a child) occasionally and frequently carry, push, pull or otherwise move objects.

This is a classroom position, not an administrative/office position.

This position will require fingerprinting and a current TB test.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 113 Tuesday, February 25, 2025
1 PRESCHOOL SITE SUPERVISOR II
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50560
Created/Updated:
7/1/20151/28/20252/25/2025
DEFINITION:

Under the general supervision of the Recreation Supervisor and Program Coordinator, , this position must be qualified as a California State Licensed Site Supervisor. Tthe Preschool Site Supervisor IIPosition will manage a preschool classroom, develop lesson plans, and effectively promote the emotional, physical, mental and social wellbeing in a classroom environment. This is a classroom position, not an administrative/office position. The Preschool Site Supervisor II will be responsible for planning and implementing a program to teach young children ; including being respectful of children and parents; and ensure that equipment and facilities are clean, safe and well maintained. They This position must ensure the development and safety of these children are in accordance with relevant state licensing policies.

CLASS CHARACTERISITICS:

Preschool Site Supervisor II is the an intermediate level positionjourney-level class in the Preschool Site Supervisor series in the Community and Recreation Services Department. Incumbents are expected to after acquireing experience as a Preschool Site Supervisor I and, completeing educational requirements for a Bachelor‘s Degree and Site Supervisor Permit. This positionclassification is distinguished from Preschool Site Supervisor I position by the high degree of independence, level of responsibility and the greater complexity of the assignments. It is further distinguished from the lower level of Preschool Site Supervisor I, in that the latter is the entry-level class in the series and is in training, learning the full scope of the assigned duties and responsibilities and the Preschool Site Supervisor II has general supervision over the I.

Preschool Site Supervisor II will work closely with Program Coordinator and supervise Preschool Site Supervisor I.

EXAMPLES OF DUTIES (illustrative only):
• Develop a daily curriculum for the children that includes the preparation of engaging creative activities, games, outdoor activities and teaching programs that are age and culturally appropriate.
• Responsible for meeting all licensing regulations, agency policies & procedures and the Education Code as applicable.
• Actively demonstrate teach learning activities to the children. • Research available teaching methods to best meet the interest and needs of the children.

City Council/RSA Agenda 114 Tuesday, February 25, 2025
2 • Establish routines and ensure daily schedule is followed. • Plan and supervise field trips and class projects.
• Discuss disciplinary issues with parents in an appropriate and sensitive manner.

Provide parents with resources.

Monitor the children’s development and report on progress with other teachers and parents.
• Responsible for accurate update of records on site including but not limited to:
enrollment, curriculum, and observations.
•
• Read books to the children and promote early education and literacy. • Create a positive preschool and work environment that includes providing safety, enrichment and the building of children’s esteem.
•
• Implement positive discipline and behavior modification as needed.

Observe children, document social / educational development, and clearly and frequently communicate progress with parents, keeping them informed of program expectations, program activities and their child’s progress, and provide guidance as needed.
• Observe children, document social / educational development, clearly communicate progress with parents, and provide guidance as needed.

Communicate clearly and frequently with parents; keeping them informed of program expectations, program activities and their child’s progress. •
• Develop positive relations with parents. Maintain communication with parents and staff verbally and in writing, including the creation and distribution of a monthly newsletter (working with Program Coordinator).
• Plan and provide a nutritious month snack menu. Order monthly snack orders. • Attend to the basic needs of the children such as dressing, feeding and teaching the children proper hygiene and bathroom etiquette.
• Maintain a clean, safe and organized classroom. Maintain inventory; select, store, and issue classroom supplies, equipment and materials. • Plan and lead all staff meetings and recommended training programs and conferences.
• Participate in professional workshops that work for the improvement of early childhood education.
• Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
• Responsible forility of opening, closing and security the facility.

Assures thatConduct fire and earthquake drills are conductedevery monthly along with any other required safety drills.
• Ensure monthly safety and fire drills.
• Additional duties as assigned by Recreation Supervisor and Program Coordinator. • Additional duties as assigned.

MINIMUM QUALIFICATIONS:

City Council/RSA Agenda 115 Tuesday, February 25, 2025
3 Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills and abilities would be:

EDUCATION AND EXPERIENCE:

This position requires a Bachelor’s Degree in Early Childhood Development or an AA in Child Developmentand a or a minimum of 3260 units which include 24 ECE/CD units with core courses, 16 GE units plus 6 administration units and 2 adult supervision units.

Must have three (3)3 y-4 years’ of experience working with children ages 2-5be qualified as a California State Licensedqualified Site Supervisor I. and have at least 3-4 years’ experience working with children ages 2-5. Position will require fingerprinting, a current TB test, and be in possession of Mandated Reporter Training Certificate, CPR, AED & First Aid certifications by first day of employment.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s license and have a satisfactory driving record.

California State Licensed Child Development Site Supervisor Permit qualified and possession of Mandated Reporter Training Certificate, CPR, AED & First Aid certifications by first day of employment.

California State LicensedChild Development Program Director Permit and/or Child Development Site Supervisor permit is desirable.

KNOWLEDGE AND ABILITIES:

Knowledge Of:
• Early childhood development including but limited to social/emotional (trauma informed practice), language and literacy, cognitive, and physical development. • Practices, procedures, programs, services, operation, and administration of childcare programs like but not limited to the California Learning Foundations and Curriculum Frameworks strategies.
• The California Learning Foundations and Curriculum Frameworks strategies. • Requires thorough knowledge of relevantRelevant CDC regulations, California State Licensing codes and laws relating to Preschool Program. •
City Council/RSA Agenda 116 Tuesday, February 25, 2025
4 Ability To:
• Ensure safe risk management practices so children are supervised at all times. • Implement creativity in theProvide various experiences and activities for children including songs, games and storytelling.
• Ability to bBe compassionate and caring towards others. • Promote literacy and early education programs.
• Create a positive preschool and work environment that includes providing safety, enrichment and the building of children’s esteem.
• Be a role model and mentor to staff.
• Supervise and comfort children in a nurturing manner. • Implement positive discipline and behavior modification as needed. • Demonstrate effective verbal, listening and communication skills to children and adults.
• Observe children, document social / educational development, clearly communicate progress with parents, and provide guidance as needed. • Integrate special needs children in a positive and respectful manner. • Discuss identified problems and needs with professionals as appropriate. • Plan and participate in community and school events and activities (i.e. Open House, graduations, department and city events).
• Communicate clearly and frequently with parents; keeping them informed of program expectations, program activities and their child’s progress. • Develop monthly curriculum and daily lesson plans; adhere and monitor program budget; maintain current, accurate and confidential client files. • Demonstrate strong supervisory and team building skills, time management and problem-solving skills and have the ability tocan make decisions effectively. • Deal courteously and effectively with people of all diverse, cultural, and socioeconomic levels under hostile and emergency situations.

Responsible for mMeeting all licensing regulations, agency policies & procedures and the Education Code as applicable.
• All other duties as assigned by Program Coordinator.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s license and have a satisfactory driving record.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

City Council/RSA Agenda 117 Tuesday, February 25, 2025
5 Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to 3530 pounds 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

This is a classroom position, not an administrative/office position.

Incumbents generally work in a typical office environment with adequate light and temperature. (can we remove)
This Pposition will require fingerprinting and , a current TB test., and be in possession of Mandated Reporter Training Certificate, CPR, AED & First Aid certifications by first day of employment.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 118 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE PROGESS REPORT

EXECUTIVE SUMMARY
This report provides a progress report on the Economic Development Strategic Plan update. Staff recommends the City Council receive the report and ask any clarifying questions.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with:

Goal 1, Strategy 1: Establish a comprehensive fiscal stability and sustainability plan to address the General Fund’s long-term structural deficit (Council Priority); and
Goal C, Strategy 6: Update the Economic Development Strategic Plan to meet the City’s financial goals and build regional partnerships (Council Priority).

BACKGROUND
On January 27, 2015, the City Council adopted the first Economic Development Strategic Plan (“ED Strategic Plan”) and it was subsequently updated in 2019. In 2019, the City Council also adopted a City-wide strategic plan, which was updated in 2021 and most recently in September 2023. Consistent with Goal C, Strategy 6, of the Strategic Plan, Strategic Economic, Inc. (“Consultant”) was retained to assist staff on the update to the ED Strategic Plan.

Dena Belzer is the founder and president of Strategic Economics, Inc. She has over 30 years of experience working on economic and real estate issues ranging in scale from regional growth management to individual development projects. Her work has helped position Strategic Economics as a national leader in innovative urban economics research techniques that guide local public policy decisions based on sound market principles, while fostering sustainable communities and creating places with lasting value. This work has involved a wide range of clients including cities, counties, transit agencies, metropolitan planning organizations, councils of governments, economic development organizations, developers, and a number of community-based organizations.

Key Elements of the Strategic Plan update include:

Task1: Project Initiation (Completed)
Task 2: Prepare a Demographic Profile of Union City’s Population and Workforce (Completed) Task 3: Conduct a Business Sector and Employment Trend Analysis (Completed) Task 4: Access Non-Residential Land Supply (Completed)
Task 5: Conduct Stakeholder Outreach (Appointments to be Scheduled in March) Task 6: Evaluate the Fiscal Contribution of Non-Residential Land Uses Make to Union City’s Budget Task 7: Identify Potential Opportunity Sites for Reinvestment or Redevelopment Task 8: Prepare and Present an Economic Assessment Key Findings Report City Council/RSA Agenda 119 Tuesday, February 25, 2025
Task 9: Prepare updated Economic Development Strategic Plan At the January 28, 2025, City Council meeting, staff provided an Economic Development update and received some questions / comments from the City Council, which will be addressed as part of the ED Strategic Plan update.

DISCUSSION
Attached to this report is a PowerPoint the consultant will present regarding a progress report on the ED Strategic Plan update, which addresses:
• Project background
• Citywide demographic profile
• Industrial Lands assessment
• Industrial Lands Preliminary Conclusions
• Next Steps
A similar presentation was provided to the Economic Development Advisory Team (EDAT) on December 5, 2024.

The collection of data is one of the first steps of the planning process. As part of that process, focus groups are planned for the second week of March with the City Council, Union City businesses, local brokers, property owners, and other stakeholders. Results from those discussions will provide insights into the challenges and opportunities regarding Union City’s business ecosystem. With an understanding of market data/conditions and input from the City Council, EDAT, staff and stakeholders, new and/or modified goals and strategies will then be developed.

FISCAL IMPACT
There is no fiscal impact to the General Fund from receiving this report. Funds to cover the cost of the ED Strategic Plan update were included in the FY 2023-2024 budget (Professional Consulting - Account No. 1110-30-600640-6401-000000-54110).

RECOMMENDATION
Staff recommends that the City Council receive the ED Strategic Plan Update Progress Report and ask any clarifying questions.

Prepared by:

Gloria Ortega, Economic Development Manager
Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Attachment 1: Economic Development Strategic Plan Progress Report Attachment City Council/RSA Agenda 120 Tuesday, February 25, 2025
Item ___.__
Economic Development Strategic Plan
Update Progress Report
ATTACHMENT 1
City Council/RSA Agenda 121 Tuesday, February 25, 2025
Economic Development
Strategic Plan Progress
Report
City Council/RSA Agenda 122 Tuesday, February 25, 2025

1. Project background

2. Citywide demographic profile

3. Industrial Lands assessment

4. Industrial Lands Preliminary Conclusions

5. Next Steps
3 Presentation Overview
City Council/RSA Agenda 123 Tuesday, February 25, 2025
Project Background
4 City Council/RSA Agenda 124 Tuesday, February 25, 2025 5 Economic Development Strategic Plan Project
Overview
Goals Analysis Deliverable
• Ensure Union City’s
commercial lands
continue to support the
City’s fiscal health
• Guide the City’s New
Economic Development
Strategic Plan
• Divided the City into
three types of
commercial areas
• Industrial
• Retail
• Special Areas
• Economic
Development
Strategic Plan
• Staff work plan to
implement ongoing
City economic
development policies
City Council/RSA Agenda 125 Tuesday, February 25, 2025
6 Economic Development Strategic Plan
Process Overview
Review Key City
Documents
•Opportunities &
Challenges of the
Economic Dev. Program
•General Plan Economic
Development Element
•Union City Strategic Plan
Non-Residential
Lands Analysis
•Demographic Analysis
•Employment and
Business Inventory
•Building Inventory
• Fiscal Analysis
• Sales Tax Revenue
• Property Tax Revenue
•Identify Opportunity
Sites
Opportunities and
Strategies
•Conduct stakeholder
outreach with real estate
& business community
•Opportunity Analysis
•Investigate potential
for growth in target
industries
•Develop specific
strategies to meet
economic dev. goals
Work Products
•Prepare a key findings
report on non-residential
lands impact on fiscal
health and economic
resilience
•Prepare an Economic
Development Strategic
Plan
•Assist in setting
departmental priorities
City Council/RSA Agenda 126 Tuesday, February 25, 2025
7 Three Types of Commercial Areas

1. Industrial Lands – five key subareas with detailed analysis

2. Community serving shopping centers/districts – focus on retail sales activity and opportunities to support small local businesses

3. Special Districts
• Union Landing – recommend ways to support this key regional retail anchor • Historic Alvarado District – focus on the district’s economic and community value
• The Core Station District– support the goal of a high-density transit-oriented employment district
City Council/RSA Agenda 127 Tuesday, February 25, 2025
8 Commercial Areas by Type
HornerVeasy
Area
Alvarado
Business
Park
Historic
Alvarado
District
Four
Corners
Shopping
Area
Marketplace
Area
LincolnAlvarado
Business
Park / UCB
Corridor
Calaveras
Landing
Central Bay
Business Park
Station East
Employment
Area
Union
Landing
The Core
Industrial
Shopping Centers
Special Districts
City Council/RSA Agenda 128 Tuesday, February 25, 2025
Demographic Profile
City Council/RSA Agenda 129 Tuesday, February 25, 2025
Consider how population and household growth trends may relate to the City’s economic growth trends and shifts
Look for alignment between local employment opportunities and local resident skills
Compare households to retail sales activity
10 Union City’s Demographic Trends are Linked
to the Economic Development Strategy
City Council/RSA Agenda 130 Tuesday, February 25, 2025
11 Key Population Trends
Union City’s population growth has been flat over the last ten years The Population is aging
The total number of children has declined since 2012
Union City’s median household income growth outpaced neighboring Fremont and Hayward
The City added residents with an undergraduate degree or higher and lost residents without a high school degree
City Council/RSA Agenda 131 Tuesday, February 25, 2025
12 Resident Commute Patterns Reflect these
Demographic Trends
In the past 20 years, the number of Union City residents who commuted to Santa Clara, San Mateo, and San
Francisco Counties, all places with a concentration of
“knowledge-based jobs,” has increased
As compared to 2002, fewer Union City residents worked
in Hayward, Fremont, or San Leandro in 2022
City Council/RSA Agenda 132 Tuesday, February 25, 2025
13 Jobs-to-Employed Resident Comparison, 2022
• Union City has a lower job-to-employed resident ratio than peer cities • Union City has a higher percentage of its local jobs filled by City residents than Newark or San Leandro
City / Place Jobs Employed Residents
Jobs / Employed
Residents
% Residents
Employed Locally
% Jobs Filled by
Residents
Fremont 122,425 109,337 1.12 16.8% 15.0%
San Leandro 45,137 41,829 1.08 11.1% 10.3%
Newark 25,163 24,138 1.04 6.9% 6.6%
Hayward 61,538 71,978 0.85 13.5% 15.8%
Union City 24,478 34,151 0.72 8.1% 11.3%
Source: LEHD On The Map, 2022; Strategic Economics 2024 City Council/RSA Agenda 133 Tuesday, February 25, 2025
Industrial Lands Assessment
City Council/RSA Agenda 134 Tuesday, February 25, 2025
15 Union City Industrial Subareas
LincolnAlvarado
Business Park /
UCB Corridor
Horner-Veasy
Area
Alvarado
Business Park
Central Bay
Business Park
Station East
Employment
Area
City Council/RSA Agenda 135 Tuesday, February 25, 2025
16 Industrial Lands Contribute to Union City’s Fiscal
and Economic Health
$
Sales
Tax
Industry
Mix /Jobs
for Local
Residents
Property Tax
Robust
General Fund
City Council/RSA Agenda 136 Tuesday, February 25, 2025
17 The Industrial Land Analysis Consider
Economic Trends in Two Ways
Employment growth trends by
industry sector
Only available for the entire City, not by
subarea
Business growth trends by
industry
Available at the subarea level, but does not
include jobs by industry
City Council/RSA Agenda 137 Tuesday, February 25, 2025
Traded Industries – primarily sell
goods and services to households
and businesses outside of Union City
Local Serving Sectors – primarily sell
goods and services to Union City
Households
18 Two Categories of Industry Groups
City Council/RSA Agenda 138 Tuesday, February 25, 2025
19 Citywide Employment
Analysis
Alameda County Employment Share
Charts Data Source: Lightcast, 2023; Strategic Economics, 2024

33.8%
16% 12.1%
11%

10.4%

4.4%

43.1%

5.6% 10.5%

7.4%

16.1%

3.9%
Local Serving Sectors
Manufacturing
Distribution & Logistics
Professional Services
Business Support Services
Retail Trade*
Construction
Life Sciences
Transportation
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Union City Alameda County
Traded vs. Local Sector Job Share
Community-Serving Traded Sectors
* Retail Trade in Union City represents employment in Union Landing Union City Employment Share
City Council/RSA Agenda 139 Tuesday, February 25, 2025
20 Citywide Job Change by Industry
-50%
0%
50%
100%
150%
200%
250%
Percentage Change by Industry, 2013-2023
Union City Alameda County
Data Source: Lightcast, 2013, 2023; Strategic Economics, 2024 City Council/RSA Agenda 140 Tuesday, February 25, 2025 21 Distribution of Business Types by Major
Industrial Subarea
Transportation
Life Sciences
Construction
Retail Trade
Support Services
Professional Services
Distribution & Logistics
Manufacturing
Local Serving
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
85 137 10 76
Distribution of Active Businesses by Subarea, 2024
Alvarado
Business Park
Central Bay
Business Park
Station East
Employment Area
Lincoln-Alvarado
Business Park /
UCB Corridor
City Council/RSA Agenda 141 Tuesday, February 25, 2025
22 Industrial Sales Tax Generation
Sales Tax Generation by Subarea, 2024
Industrial Subareas Total Sales Tax Leasable Square Feet Area (Acres) Sales Tax / SQFT Sales Tax / Acre Alvarado Business Park $744,600 2,891,021 310 $0.26 $2,402 Horner-Veasy Area $19,400 104,674 9 $0.19 $2,156
Central Bay Business Park $1,552,400 8,077,057 745 $0.19 $2,084 Station East Employment Area $64,100 467,763 55 $0.14 $1,165 Lincoln-Alvarado BP / UCB Corridor $1,059,800 2,882,578 367 $0.37 $2,888 Industrial Total $3,440,300 14,423,093 1,486 $0.24 $2,315 Total Sales Tax $9,976,800
Source: Avenu, 2024; Alameda County, 2024; Strategic Economics, 2024

34.5%
City Council/RSA Agenda 142 Tuesday, February 25, 2025
23 Property Tax: Net Assessed Value per Acre
Source: Alameda County Assessor, 2024; HdL, 2024; Strategic Economics, 2024 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600
Residential
Commercial
Industrial
Vacant
Net Assessed Value per Acre ($000s) by Land Use, 2024
City Council/RSA Agenda 143 Tuesday, February 25, 2025
24 Property Tax: Reassessments
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Commercial Industrial Residential Vacant Total
Growth in Assessed Values by Parcel Type, 2020 - 2024
Reassessed Parcels Non-reassessed parcels
Source: Alameda County 2019-2020 & 2024-2025 Secured Tax Rolls; Strategic Economics 2024 City Council/RSA Agenda 144 Tuesday, February 25, 2025
25 Case Example: 33233 Central Avenue
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
Property Tax Revenues: 33233 Central Ave
Property is sold
for $9.1 million
in 2019
Image Source: CoStar
City Council/RSA Agenda 145 Tuesday, February 25, 2025
Industrial Lands Preliminary
Conclusions
26 City Council/RSA Agenda 146 Tuesday, February 25, 2025 Industrial Lands Make Important
Contributions to Union City
• Legacy manufacturing employment
is flat
• Knowledge-based jobs in tech and
life science related industries are
growing
• Distribution and Logics jobs are
also flat, and most of these jobs
are in warehouses supporting
wholesale trade
Jobs and Industry Mix Fiscal Contribution
27 • On a per acre basis, industrial
lands contribute more than double
the amount contributed by
residential lands
• Industrial lands are increasing in
property value faster than any
other use in Union City
City Council/RSA Agenda 147 Tuesday, February 25, 2025
There Are Opportunities for Future Growth
• Knowledge-based industries are
locating in older industrial
buildings
• Companies are starting to consider
building in industrial facilities
• The City’s population is starting to
reflect the workforce that
knowledge-based industries are
looking for
• This change is slow but presents
options for business attraction in
the future
Industrial Areas Offer Room to Grow
Union City’s Residents May Become
a Hidden Resource
28 City Council/RSA Agenda 148 Tuesday, February 25, 2025 Next Steps
City Council/RSA Agenda 149 Tuesday, February 25, 2025
• Define opportunity sites to understand options for future industrial growth • Conduct stakeholder interviews to identify ways City can support its existing employers
• Analyze the community shopping centers and other special districts to identify strengths and weaknesses
• Prepare the Economic Development Strategic Plan
Questions?
30 Next Steps
City Council/RSA Agenda 150 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: CONSIDER RECOMMENDATION FROM THE LEGISLATION AND POLICY COMMITTEE REGARDING THE LARRY

OROZCO TEEN WORKSHOP BUILDINGAND GARDEN TO PREPARE ABUILDING EVALUATION

EXECUTIVE SUMMARY
Staff recommends that the City Council consider the Legislation and Policy Committee's recommendation that prior to having an historic analysis prepared for the Larry Orozco Teen Workshop building and garden, the City Council should direct staff to have the building evaluated by a licensed design professional to understand the full costs to repair and retrofit the structure.

The Committee further recommended that the City Council explore options that might address the community's interest in recognizing the history of the property and preserving the property other than making it an historic property under the Landmark and Historic Preservation Overlay Zone, Chapter 18.106 of the Municipal Code.

STRATEGIC PLAN ALIGNMENT
There is no Strategic Plan alignment for this project.

BACKGROUND
At the City Council meeting of May 28, 2024, the City Council received a report regarding a referral from the Parks and Recreation Committee to designate the Larry Orozco Teen Workshop as a historic landmark. The May 28th staff report can be found here.

The property is located at 33623 Mission Boulevard and was used as a service station for many years. At some point the service station ceased operation and in the 1970s the property began to be used for community purposes, including a youth employment center. This was also the location where Tri-CED was established. In about 1981, the City acquired the property. The site is approximately 14,410 square feet in area and includes a 2,000 square foot service station building (approximate size) and an adjacent unpaved area that is used as a community garden and for community events.

City Council/RSA Agenda 151 Tuesday, February 25, 2025
The property is now used as a teen bike workshop. The building is easily identified by its unique and vibrant community mural.

City Council/RSA Agenda 152 Tuesday, February 25, 2025
Adjacent to the building is a community garden and outdoor gathering space.

City Council/RSA Agenda 153 Tuesday, February 25, 2025
As part of the discussion at the May 28
th City Council meeting, staff provided feedback that designating a property as an historic landmark could encumber the site by potentially restricting the use of the land and possibly complicating future updates and/or repairs to the building. Such a designation could also require that the property and building be maintained in a specific manner to retain historic features. Staff also shared with the City Council that an analysis about the social and architectural significance of the building and garden will need to be prepared by a third party, and such an analysis would be expected to cost $10,000 and $20,000.

The Council referred the matter to the Legislation and Policy Committee for further evaluation and to provide a recommendation to the City Council.

DISCUSSION
The Legislation and Policy Committee met on January 17, 2025. Staff presented to the initial costs associated with repairing and retrofitting the building, and the costs associated with preparing the documentation for the building and garden area in order for the site to be considered for a historic designation.

In mid-January 2025, Building Division and Public Works staff performed a visual site inspection of the property. Staff's initial conclusions were:

The front portion of the building appears to be unreinforced masonry and most likely does not meet minimum seismic standards. A licensed design professional is required to perform a structural review to provide a final determination on this issue.

No part of the building or site appears to meet ADA requirements.

The roof needs to be replaced.

The windows need to be replaced; there is wood rot around all the window frames.

There is potential for wood rot (most likely from termite damage) to interior components of the building (i.e., studs) based on the condition of the windows.

The mechanical, electrical, and plumbing systems need replacement. There may be no heating or ventilation system in the building.

The City’s Building Official estimated that the upgrades would cost approximately $250,000 and recommended that further study and analysis by a professional would be needed to refine the estimate. Note, the cost estimate does not include seismic upgrades, if needed. The Committee considered these initial cost estimates to repair the building and the additional, unknown costs that may be incurred for any seismic retrofitting.

The Committee also discussed the costs of preparing the analysis of the site for consideration as an historic property. The Committee inquired about other options that may be available to the City Council to meet the intent of retaining the property as an historic site without designating the property as an historic landmark. The Committee was concerned that the designation as historic in accordance with the Landmark and Historic Preservation Overlay Zone could restrict how the property is maintained and limit improvements/upgrades that may be desired by the community and City in the future.

One option discussed by the Committee was to consider rezoning the land to Civic Facility. The property currently has a General Plan designation of Corridor Mixed-use Commercial and a zoning designation of Corridor Mixed-use. This is the same designation as the other properties along the Mission Boulevard corridor between Whipple Road and Decoto Road. A designation of Civic Facility is used for public and quasi-public uses such as community gardens, museums, libraries, parks, public services, and schools. A redesignation of Civic Facility would limit some of the uses that the community expressed concern about related to future use of the property. Staff also suggested that a historic marker could be placed on the property to document its history.

The Committee also considered the costs associated with completing an analysis on the condition of the building to better understand the full costs to repair and retrofit it as well as the costs associated with a historical analysis. The Committee concluded that the first step should be to prepare a complete analysis and cost estimate to repair and retrofit the structure. The Committee further recommended that other options should be explored to commemorate the history City Council/RSA Agenda 154 Tuesday, February 25, 2025
and cost estimate to repair and retrofit the structure. The Committee further recommended that other options should be explored to commemorate the history of the site to allow the City Council to consider the total available options for preserving the site and its current use.

FISCAL IMPACT
There are several costs associated with repairing, retrofitting, and evaluating the property for consideration as an historic or landmark site.

The cost to prepare an analysis by a licensed design professional of the needed building repairs and retrofit is approximately $19,500 to $26,500. This cost includes assessments for the building code compliance, a structural evaluation, and ADA assessment.

Property ConditionAssessment (Code Compliance): $7,000-$13,000 Structural Assessment: $10,000-$11,000
ADA Assessment: $2,500
With this information, a more complete cost estimate would be known, and the City Council could then consider possible sources of funding for the improvements. It is expected the building repairs and retrofit would cost a minimum of $250,000.

Once the condition of the building is understood, the Council may wish to have a study prepared regarding the designation of the site as an historic property.

The historic analysis of the property would likely cost an additional $10,000 to $20,000.

Currently, this project is not in the City's Strategic Plan, Biennial Budget, or Capital Improvement Plan. There are no funds designated for the building's assessment or improvements. The cost to evaluate the building’s condition could possibly be covered through existing fund balances or the General Fund reserve.

Additionally, no source of funds has been identified for an historic analysis.

RECOMMENDATION
Staff recommends that the City Council consider the Legislation and Policy Committee's recommendation that prior to having an historic analysis prepared for the Larry Orozco Teen Workshop building and garden, the City Council should direct staff to have the building evaluated by a licensed design professional so that the full costs to repair and retrofit the structure are better understood.

The Committee further recommended that the City Council explore options that might address the community's interest in recognizing the history of the property other than making it an historic property under the Landmark and Historic Preservation Overlay Zone, Chapter 18.106 of the Municipal Code.

Possible options are to redesignate and rezoning the property from Corridor Mixed-use Commercial to Civic Facilities and/or to place a historic marker at the site. Taking either of these steps would not prohibit the City from identifying the property as historic at a future date.

Lastly, once more is understood about the condition of the building and garden, the City Council may wish to include in the upcoming Biennial Budget a Capital Improvement Project to repair and retrofit the Larry Orozco Teen Center.

Prepared by:

Carmela Campbell, Economic and Community Development Director Joan Malloy, City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
PowerPoint Presentation Attachment
City Council/RSA Agenda 155 Tuesday, February 25, 2025

LEGISLATION AND POLICY COMMITTEE

RECOMMENDATION FOR LARRY OROZCO

TEEN WORKSHOP
Item No. 7.2 City Council Meeting, February 25,
2025
City Council/RSA Agenda 156 Tuesday, February 25, 2025
2 Background
• May 28, 2024 – City Council considered Parks and Recreation Commission recommendation to consider the Larry Orozco Teen Workshop at 33623 Mission Boulevard as an historic landmark.
• Referred the matter to the Legislation and Policy Committee City Council/RSA Agenda 157 Tuesday, February 25, 2025
3 Background
• Old Mohawk Fireball Gas Station
• 1970s: Youth Employment Program
• 1980s: City purchased property and
integrated program into CRS
• Tri-CED established
• 1990s: Teen Workshop. Ceramic,
welding, filmmaking, video editing,
bike repair
• 2017: Named Larry Orozco Teen
Workshop
• 2024: Bike workshop
City Council/RSA Agenda 158 Tuesday, February 25, 2025
4 Background
• Approximately 2,000 sq. ft. building
• Shipping container
• Fenced yard
• Unpaved garden area
• Raised beds for gardens
• Total site 14,410 sq. ft.
• Zoned Corridor Mixed Use, which allows residential and commercial City Council/RSA Agenda 159 Tuesday, February 25, 2025
5 Legislation and Policy Committee Analysis
City Staff Visual Inspection
• Unreinforced masonry
• Does not meet ADA standards
• Roof needs to be replaced
• Windows need to be replaced
• Potential for wood rot to interior
components based on visual
inspection of windows
• Mechanical, electrical, and plumbing
systems need to be replaced
• No IT infrastructure
Estimated repairs $250,000 (does not
include structural improvements)
City Council/RSA Agenda 160 Tuesday, February 25, 2025
6 Legislation and Policy Committee Discussion
Discussion
• Need to understand condition of
building and cost to repair and
retrofit before consideration as an
historic site
• Consider other options to protect
site
• Rezone to Civic Facility
• Historic marker/plaque
City Council/RSA Agenda 161 Tuesday, February 25, 2025
7 Legislation and Policy Committee Fiscal Impact
Next Steps – In Order of Priority
1a) Visual Structural Assessment: $11,000
• Seismic evaluation completed by a structural engineer • Recommendations and conceptual sketches
1b) Based on outcome, seek cost estimate to prepare
structural drawings and complete improvements
2) Property Condition Assessment: $13,000
• Confirm staff visual assessment
• Confirm staff cost estimate of $250,000
3) ADA Evaluation: $2,500
Project is not in the Strategic Plan, Budget or Capital Improvement Plan City Council/RSA Agenda 162 Tuesday, February 25, 2025
8 Legislation and Policy Committee Recommendation
Recommendation
• Consider proceeding with further
evaluation to understand project
costs. Start with structural analysis.
• Consider other options to
acknowledge history, such as
• Rezone to Civic Facility
• Historic marker/plaque
Other Considerations
• Parks and Recreation Master Plan
(starts 3/25) and future Facilities
Master Plan to establish project
priorities
City Council/RSA Agenda 163 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: GENERAL FUND FINANCIAL RESULTS FOR FISCAL YEAR 2023-2024 (UNAUDITED)AND ADOPTION OF A RESOLUTION APPROVING FISCAL YEAR 2023-2024 BUDGET AMENDMENTS AND TRANSFERS

EXECUTIVE SUMMARY
Staff recommends that the City Council hear a presentation on the General Fund financial results for Fiscal Year 2023-2024 (unaudited) and adopt a resolution approving Fiscal Year 2023-2024 budget amendments and transfers.

STRATEGIC PLAN ALIGNMENT
This staff report aligns with Goal A: Financial Stability and Sustainability.

BACKGROUND
The year-end close for Fiscal Year 2023-2024 is almost complete and the independent audit has begun. Staff anticipates that the Annual Comprehensive Financial Report (ACFR) will be available in April/May. This report is to provide the City Council with the unaudited financial results for the General Fund (Fund 1110), the City’s main operating fund.

DISCUSSION
At the December 10, 2024 City Council meeting, staff presented the audited financial statements for Fiscal Year 2022-2023. The unrestricted fund balance as of June 30, 2023 for the General Fund was $43,672,898. This is the starting point for tonight’s presentation, which will focus only on the General Fund (Fund 1110). However, as referenced in the December 10 th staff report, the unrestricted fund balance as of June 30, 2023 for the combined General Funds was $49,267,576.

FY2023-2024 GENERAL FUND FINANCIAL DATA(UNAUDITED)
Table 1 on the following page presents the unaudited year-end financial results for the General Fund, as well as summarized Budget to Actual information.

Table 1

GENERAL FUND
(FUND 1110)
FY2023-
2024

ADOPTED
BUDGET
FY2023-
2024

AMENDED
BUDGET
FY2023-2024

UNAUDITED

YEAR-END

ESTIMATED

ACTUALS
FY2023-2024

AMENDED

BUDGET VS
ACTUAL

VARIANCES
City Council/RSA Agenda 164 Tuesday, February 25, 2025

BEGINNING

UNRESTRICTED
FUND BALANCE $43,672,898 $43,672,898 $43,672,898 $0
REVENUES:

Revenues $75,422,744 $75,343,744 $78,527,596 $3,183,852 Transfers-In 818,000 818,000 818,000 0
Sale of City Property
2,000 2,000 1,200 (800)
Total Revenues $76,242,744 $76,163,744 $79,346,796 $3,183,052 EXPENDITURES:

Expenditures $73,624,995 $76,577,728 $74,184,065 $2,393,663 Transfers Out 2,966,192 2,966,192 4,965,624 (1,999,432) Total Expenditures
$76,591,187 $79,543,920 $79,149,689 $394,231

REVENUES IN

EXCESS OF
EXPENDITURES ($348,443) ($3,380,176) $197,107 $3,577,283 ENDING

UNRESTRICTED
FUND BALANCE $43,324,455 $40,292,722 $43,870,005 $3,577,283 When comparing budget to actual results, FY 2023-2024 revenues are $3,183,052 more than the amended revenue budget, which is a positive

4.2% variance. FY 2023-2024 expenditures are approximately $394,231 less than the amended expenditure budget, which represents a 0.5% positive variance. However, these are just budget to actual comparisons. The information that is most important is the actual revenues received in comparison to actual expenditures made (the yellow highlighted column). As you can see from the chart above, our best estimate at this time of how the final audit results for FY 2023-2024 will turn out is that we believe our General Fund revenues will exceed our General Fund expenditures by only $197,107. With no more ARPA funds being received as in the prior two years, the filling of positions that had been vacant for some time, and the return to full services, the City’s revenues and expenditures are much more in line with each other now.

Furthermore, while there is a stable fund balance in the General Fund, there are several unfunded projects and purchases that have been put off for several years and critically need addressing. Just to name a few: there are three fire apparatus that are way past their scheduled replacement date and need replacing at a total cost of over $2.5M, the cost of dispatch services provided to Union City by the City of Fremont will be going up significantly, City facilities are in dire need of maintenance and repairs, and more. These are all issues that will need to be addressed in the upcoming biennial budget.

The next two sections provide budget-to-actual information for FY 2023-2024 to show some of our revenue sources that fared better than our budget estimates and to demonstrate where the small amount of expenditure savings came from.

FY2023-2024 GENERAL FUND REVENUES:

A summary of some of the larger positive budget-to-actual revenue variances is shown in Table 2:

Table 2

REVENUE SOURCE
FY 2023-2024

AMENDED
BUDGET
FY 2023-2024

UNAUDITED

YEAR-END

ESTIMATED

ACTUALS
FY2023-2024

AMENDED

BUDGET VS
ACTUAL

VARIANCES
Property Taxes $29,737,022 $30,151,345 $414,323
Franchise Taxes 6,241,464 6,374,901 133,437
Business License Tax 1,906,687 2,359,247 452,560
Fines and Forfeitures 50,000 86,637 36,637
Utility Users’ Tax 6,220,286 6,596,476 376,190
Plan Check Fees 1,073,374 1,348,400 275,026
Encroachments Permits
337,000 735,974 398,974
City Council/RSA Agenda 165 Tuesday, February 25, 2025
HazMat Storage Permits
490,567 627,701 137,134
POST Reimbursements
0 65,016 65,016
Mandated Cost Reimbursements
25,000 74,245 49,245
Gym Memberships 308,927 383,192 74,265
FEMA Hazard Mitigation
0 179,134 179,134
Totals $46,390,327 $48,982,268 $2,591,941
Of course, the City has many, many revenue sources, some large and some small, and they are mostly accounted for separately. The revenue sources above are ones that had large positive variances. We also had some revenues that did not meet our budget projections, such as Transient Occupancy Tax (Hotel Tax) which fell short of our revenue projections by about $450,000. As staff has mentioned in prior financial updates and during budget presentations, the TOT taxes have still not fully recovered since the pandemic. When all General Fund revenues are combined, those that exceeded budget projections and those that fell short, the overall budget to actual variance was still a positive $3,183,052.

FY2023-2024 GENERAL FUND EXPENDITURES:

As shown in Table 1, total actual General Fund expenditures came in very close to our budget projections. The overall combined variance for expenditures and transfers-out was only $394,231. Two categories of expenditures that had large variances were total salaries and benefits and professional/consulting services (see Table 3 below).

Table 3

EXPENDITURE TYPE
FY2023-2024

AMENDED
BUDGET
FY 2023-2024

UNAUDITED

YEAR-END

ESTIMATED

ACTUALS
FY2023-2024

AMENDED

BUDGET VS
ACTUAL

VARIANCES
Salaries & Benefits $43,372,747* $44,675,339 ($1,302,592) Professional/Consulting Services
3,703,577 2,041,908 1,661,669
Totals $47,076,324 $46,717,247 $359,077
*Just a note about salaries and benefits. The total estimated costs for salaries and benefits for FY 2023-2024 was projected at $45,655,046, however, we included projected salary savings of 5%, or 2,282,299, in the budget, so the net amount of salaries and benefits budgeted was $43,372,747. You can see above that our actual salaries and benefits costs were $44,675,339, which means we did not achieve $2,282,299 of salary savings, we only actually achieved $979,707 in salary savings ($45,655,046 less $44,675,339), resulting in a negative variance of $1,302,592 (shown above). Going in the other direction, Professional/Consulting costs were $1,661,669 less than budgeted, a positive variance. These two categories of expenditures combined account for almost all of the net positive variance of $394,231, shown in Table 1.

YEAR-END BUDGET AMENDMENTS AND TRANSFERS
Staff is recommending that the City Council approve the budget amendments and the corresponding transfers as shown in the chart below.

Explanations for these budget amendments and corresponding transfers follow this chart:

Fund Account Number Account Description
Budget
Amendment
Amount
General Fund
1110-8888-00000-
59101 Transfers-Out $710,000
Post-Employment
Medical Benefits Fund 2020-00000-49610
Transfers-In $710,000
General Fund
1110-8888-00000-
59101 Transfers-Out $30,825
PBID Fund
2260-00000-49610
Transfers-In $30,825
1110-8888-00000-
City Council/RSA Agenda 166 Tuesday, February 25, 2025
General Fund 59101 Transfers-Out $1,252,640
Capital Facilities
Improvements Fund 4110-00000-49610
Transfers-In $1,252,640
Post-Employment
Medical Benefits Fund 2020-8888-11099-
54550
Contractual Payment to
POA Retiree Med
$85,000
POA Retiree Medical
Fund
6210-00000-48502 Intra-Agency Contribution
$85,000

1. Several years ago, the City agreed to provide POA, PMA, previous UC Fire Department employees, and a few other certain employees with retiree medical benefits. The cost of the retiree medical benefits continue to grow as more and more POA and PMA employees retire. In this current biennial budget, staff originally considered funding retiree medical costs in this two-year budget cycle by drawing down money from our OPEB Section 115 Trust, but since the General Fund has sufficient resources to pay the costs this fiscal year, staff recommends not doing that for FY 2023-2024 and instead amending the budget for this expenditure and approving the budget transfer from the General Fund to the Post-Employment Medical Benefits Fund.

2. As part of the PBID annual report, each year NBS calculates and assigns to the City what is considered a “general benefit” that the City receives from the PBID. The City is obligated to pay this amount to the PBID Fund each year. The General Benefit for FY 2023-2024 is $66,974, but the amount estimated when the biennial budget was adopted in 2023 was only $36,149. The difference of $30,825 needs to be budgeted and transferred (paid) to the PBID.

3. In FY2022-2023 and FY2023-2024, there were three items that were recorded in the Capital Facilities Improvement Fund (Fund 4110) which were intended to be recorded in the General Fund (Fund 1110). These errors caused the Capital Facilities Improvement Fund to “go into the red,” i.e. show a negative fund balance. Staff requests approval to transfer funds from the General Fund to the Capital Facilities Improvement Fund to cover those costs and restore the Capital Facilities Improvement Fund to a positive fund balance. The items incorrectly recorded in the Capital Facilities Improvement Fund were:

FY2022-2023:

ProPhoenix CAD & RMS Project - $929,295.50
Axon Integrated Transparency Solution - $260,409.21
PD Men's Shower Stall Repairs - $32,495.86
FY2023-2024:

PD Men's Shower Stall Repairs - $30,439.38
Total = $1,252,639.95

4. Related to retiree medical benefits, there are two funds set up – Fund 2020 for the retiree medical costs for non-POA/PMA retirees and Fund 6210 for the POA/PMA retirees. The way these transfers have been done is that the entire amount needed to cover the costs for both POA/PMA and non-POA/PMA retirees is transferred from the General Fund to Fund 2020 (non-POA/PMA). The amount needed to cover the non-POA/PMA retirees stays in Fund 2020. The remaining portion of the transfer is then transferred from Fund 2020 (non-POA/PMA) to Fund 6210 (POA/PMA). However, the amount estimated and budgeted for the transfer from Fund 2020 to Fund 6210 was $390,000, however, the amount needed to cover the 2023-2024 costs is $475,000, so this transaction will increase the budgeted Transfer-Out in Fund 2020 from $390,000 to $475,000. After the transfer of the $475,000 from Fund 2020 to Fund 6210, $235,000 will remain in Fund 2020 to cover the annual retiree medical costs for the non-POA/PMA retirees.

FISCAL IMPACT
This staff report provides the unaudited year-end financial results of the General Fund for FY 2023-2024, inclusive of the requested budget amendments and budget transfers listed above.

RECOMMENDATION
Staff recommends that the City Council hear a presentation on the General Fund financial results for Fiscal Year 2023-2024 (unaudited) and adopt a resolution approving Fiscal Year 2023-2024 budget amendments and budget transfers.

Prepared by:

City Council/RSA Agenda 167 Tuesday, February 25, 2025
Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
PowerPoint Presentation Attachment
City Council/RSA Agenda 168 Tuesday, February 25, 2025
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY APPROVING FISCAL YEAR 2023-2024

BUDGET AMENDMENTS AND TRANSFERS
WHEREAS, on June 20, 2023, the City Council adopted a resolution approving the Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 and the FiveYear Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 through Fiscal Year 2027-2028; and
WHEREAS, staff has provided the City Council with a Year-End Financial Results report (unaudited) regarding Fiscal Year 2023-2024; and WHEREAS, since the budget adoption, some of the estimates and assumptions used to prepare the biennial budget have changed, requiring adjustments to various accounts to better reflect anticipated expenditures and transfers; and WHEREAS, the City Council desires that the Fiscal Year 2023-2024 budget reflects expected year-end financial results.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the budget amendments to the Fiscal Year 2023-2024 budget as shown below and directs the Finance Department to cause those changes to be reflected in the appropriate budget line items; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the appropriation of the amounts listed below and approves the corresponding transfers for Fiscal Year 2023-2024.

Fund Account Number Account Description
Budget
Amendment
Amount

1. General Fund 1110-8888-00000-
59101 Transfers-Out $710,000
Post-Employment
Medical Benefits Fund 2020-00000-49610 Transfers-In $710,000

2. General Fund 1110-8888-00000-
59101 Transfers-Out $30,825
PBID Fund 2260-00000-49610 Transfers-In $30,825

3. General Fund 1110-8888-00000-
59101 Transfers-Out $1,252,640
Capital Facilities
Improvements Fund 4110-00000-49610 Transfers-In $1,252,640

4. Post-Employment
Medical Benefits Fund
2020-8888-11099-
54550
Contractual Payment to
POA Retiree Med $85,000
POA Retiree Medical
Fund 6210-00000-48502 Intra-Agency Contribution $85,000 City Council/RSA Agenda 169 Tuesday, February 25, 2025
Resolution No. 2025-XXX
Budget Amendment and Transfer FY 2023-2024

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 25th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 170 Tuesday, February 25, 2025
Item 7.3
General Fund Financial Results for Fiscal Year
2023-2024 (Unaudited) and Adoption of a
Resolution Approving Fiscal Year 2023-2024
Budget Amendments and Budget Transfers
February 25, 2025
City Council/RSA Agenda 171 Tuesday, February 25, 2025
2 FY 2023-2024 General Fund Financial Results
• Tonight, staff will present the unaudited General
Fund financial results for Fiscal Year 2023-2024
• Additionally, staff is requesting the City Council’s
approval on budget adjustments and budget
transfers for FY 2023-2024
City Council/RSA Agenda 172 Tuesday, February 25, 2025
3 FY 2023-2024 General Fund Financial Results
• At the December 10, 2024, City Council meeting, staff presented the audited financial statements for Fiscal
Year 2022-2023
• Per our audited financial statements for FY 2022-2023, the unrestricted fund balance of the General Fund as of June 30, 2023, was $43,672,898
• This is starting point for tonight’s presentation
City Council/RSA Agenda 173 Tuesday, February 25, 2025
4 FY 2023-2024 General Fund Financial Results
Table 1

GENERAL FUND
(FUND 1110)
FY 2023-2024

ADOPTED
BUDGET
FY 2023-2024

AMENDED
BUDGET
FY 2023-2024

UNAUDITED

YEAR-END

ESTIMATED

ACTUALS
FY 2023-2024

AMENDED

BUDGET VS
ACTUAL

VARIANCES

BEGINNING

UNRESTRICTED
FUND BALANCE $43,672,898 $43,672,898

$43,672,898 $0
REVENUES:

Revenues $75,422,744 $75,343,744 $78,527,596 $3,183,852 Transfers-In 818,000 818,000 818,000 0
Sale of City Property 2,000 2,000 1,200 (800)
Total Revenues $76,242,744 $76,163,744 $79,346,796 $3,183,052 EXPENDITURES:

Expenditures $73,624,995 $76,577,728 $74,184,065 $2,393,663 Transfers Out 2,966,192 2,966,192 4,965,624 (1,999,432) Total Expenditures $76,591,187 $79,543,920 $79,149,689 $394,231

REVENUES IN

EXCESS OF
EXPENDITURES ($348,443) ($3,380,176) $197,107 $3,577,283 ENDING

UNRESTRICTED
FUND BALANCE $43,324,455 $40,292,722 $43,870,005 $3,577,283 City Council/RSA Agenda 174 Tuesday, February 25, 2025
5 FY 2023-2024 General Fund Financial Results
• Total GF revenues exceeded the budget estimate by $3.183M • Total GF expenditures were under budget by $394K
• This created a net positive variance of $3.577M
• Looking at it another way:
• The amended budget anticipated a $3.38M shortfall
• Actual results were $197K of revenues in excess of
expenditures (not a shortfall)
• Net positive variance = $3.577M
City Council/RSA Agenda 175 Tuesday, February 25, 2025
6 FY 2023-2024 Budget vs Actual Revenues:
• Revenues were $3,183,052 more than budgeted (positive variance) FY 2023-2024 General Fund Financial Results
Table 2

REVENUE SOURCE
FY 2023-2024

AMENDED
BUDGET
FY 2023-2024

UNAUDITED

YEAR-END
EST. ACTUALS
FY 2023-2024

AMENDED

BUDGET VS
ACTUAL

VARIANCES
Property Taxes $29,737,022 $30,151,345 $414,323
Franchise Taxes 6,241,464 6,374,901 133,437
Business License Tax 1,906,687 2,359,247 452,560
Fines and Forfeitures 50,000 86,637 36,637
Utility Users’ Tax 6,220,286 6,596,476 376,190
Plan Check Fees 1,073,374 1,348,400 275,026
Encroachments Permits 337,000 735,974 398,974
HazMat Storage Permits 490,567 627,701 137,134
POST Reimbursements 0 65,016 65,016
Mandated Cost Reimbursements 25,000 74,245 49,245
Gym Memberships 308,927 383,192 74,265
FEMA Hazard Mitigation 0 179,134 179,134
Totals $46,390,327 $48,982,268 $2,591,941
City Council/RSA Agenda 176 Tuesday, February 25, 2025
7 FY 2023-2024 Budget vs Actual Expenditures:
• Expenditures were $394,231 less than budgeted (positive variance) Total salaries & benefits were budgeted at $45,655,046. We adopted the budget anticipating 5% ($2,282,299) in salary savings due to vacancies, for net budgeted salaries & benefits of $43,372,747. Actual salaries & benefits are $44,675,339, which means that we did not achieve the full 5% of salary savings. We only achieved salary & benefits savings of $979,707, which is a negative variance of $1,302,592.

FY 2023-2024 General Fund Financial Results
Table 3

EXPENDITURE TYPE
FY 2023-2024

AMENDED
BUDGET
FY 2023-2024

UNAUDITED

YEAR-END
EST. ACTUALS
FY 2023-2024

AMENDED

BUDGET VS
ACTUAL

VARIANCES
Salaries & Benefits $43,372,747* $44,675,339 ($1,302,592) Professional/Consulting Services 3,703,577 2,041,908 1,661,669 Totals $47,076,324 $46,717,247 $359,077
City Council/RSA Agenda 177 Tuesday, February 25, 2025
8 FY 2023-2024 General Fund Financial Results
Proposed Budget Amendments and Budget Transfers:

City Council/RSA Agenda 178 Tuesday, February 25, 2025
9 Staff Recommendation:

Adopt a resolution approving the FY 2023-2024
General Fund budget amendments and budget
transfers.

FY 2023-2024 General Fund Financial Results
City Council/RSA Agenda 179 Tuesday, February 25, 2025
Agenda Item
DATE: 2/25/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION TO STANDARDIZE THE APPOINTMENT AND EXPIRATION DATES FOR NEW APPOINTMENTS TO ALL BOARDS, COMMISSIONS, AND COMMITTEES; WAIVE FULL READING AND

INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING SECTION 2.20.040 “COMMISSIONER ATTENDANCE STANDARDS”, CHAPTER 2.21 “PARK AND RECREATION COMMISSION” SECTIONS 2.21.020 AND 2.21.030 AND CHAPTER 2.25 “SENIOR CITIZENS COMMISSION” SECTIONS 2.21.020 AND 2.21.030 OF THE UNION CITY MUNICIPAL CODE TO REVISE

ATTENDANCE STANDARDS AND DECREASE COMMISSION MEMBERSHIP FROM SEVEN TO FIVE

EXECUTIVE SUMMARY
The City Council has established a number of advisory commissions and boards that are formed and perform certain tasks as delegated by the City Council. Each of these bodies is subject to the BrownAct and other relevant State laws as a result of being formed by the City Council.

Currently, members of boards, commissions and committees have varying beginning and expiration dates. This results in a range of dates for positions that are not aligned or consistent. Additionally, the Park and Recreation Commission and Senior Commission (the “Commissions”) have had difficulty achieving quorum for their meetings. As bodies of seven members, four are required to achieve quorum, but often only three members would appear for the meetings or be available.

On January 27, 2025, the Legislation and Policy Committee (the “Committee”) met and considered alignment of start dates and expiration dates of the City Council’s advisory bodies as well as options to address challenges with the ability of the Commissions to achieve quorum. As part of that discussion, the Committee received a staff presentation and held a discussion regarding potential options and also considered potential revisions to address attendance standards. As a result, the Committee recommended that the City Attorney’s Office prepare an ordinance lowering the regular membership of the Commissions from seven to five and clarifying notice requirements for excused absences and that staff prepare a resolution to establish January 1 and December 31 as the start and end dates for all commission, board and committee positions prospectively. This is not retroactive and thus will not impact current advisory board members who will still be subject to established expiration dates.

While changes are being proposed for the Park and Recreation Commission and the Senior Citizens Commission, no changes are being made to the Human Relations Commission. This commission has not experienced challenges in achieving quorum, and therefore, its current membership structure remains unchanged.

Staff recommends that the City Council consider the Committee’s recommendation and:
1) Adopt a Resolution to standardize the appointment and expiration dates for new appointments to all boards, commissions and committees; and
2) Waive full reading and introduce by title only an ordinance amending Section 2.20.040 “Commissioner Attendance Standards”, Chapter

2.21 “Park and Recreation Commission” Sections 2.21.020 and 2.21.030 and Chapter 2.25 “Senior Citizens Commission” Sections 2.21.020 and 2.21.030 of the Union City Municipal Code to revise attendance standards and decrease commission membership from seven to five.

STRATEGIC PLAN ALIGNMENT
City Council/RSA Agenda 180 Tuesday, February 25, 2025
The proposed ordinance and resolution are consistent with Strategic Plan Goal B: Governance and Organization Effectiveness.

BACKGROUND
Advisory Body Start and Expiration Dates
The City Council has established a number of advisory commissions and boards that are formed and perform certain tasks as delegated by the City Council. The individual members of these bodies have set terms of typically a number of years. The City’s past practice has been to have the start date be set for whenever the appointment occurred and then ending at a set date a number of years from that appointment date. This has resulted in non-uniform appointment and end dates for various appointed positions. Most jurisdictions have uniform start and end dates, similar to elected officials. Under the Union City Municipal Code (the “UCMC”), an appointed official will serve after expiration until the seat is filled. Similarly, if an appointed official resigns or vacates their seat prior to the expiration date, an individual can be appointed to conclude the remainder of the unexpired term.

Park and Recreation Commission and Senior Commission and Attendance Standards The City Council previously created the Commissions codified at Chapters 2.21 and 2.25, respectively, of the UCMC.

UCMC Section 2.21.020 currently provides the Park and Recreation Commission shall consist of seven members plus two alternates.

UCMC Section 2.25.020 currently provides the Senior Citizens Commission shall consist of seven members plus two alternates.

The City has had difficulty achieving quorum for the seven-member memberships of the Commissions.

Additionally, UCMC Section 2.20.040 provides that the following are valid excuses for failing to attend a meeting:

1. Serious illness and/or injury of the Commissioner and/or their immediate family;

2. Death in the family;

3. Employment conditions requiring travel outside the BayArea, evening meetings, etc.;

4. Lack of transportation to the meeting;

5. Previously scheduled vacation or travel.

The UCMC does not establish a timeframe in which an advisory body member must notify the recording secretary that they will be unable to attend a meeting.

Committee Consideration
On January 27, 2025, the Committee reviewed the above issues to consider potential recommendations to the City Council. During the Committee meeting, the Committee recommended that the City Attorney’s Office prepare an ordinance lowering the regular membership of the Commissions from seven to five and that staff prepare a resolution to establish January 1 and December 31 as the start and end dates for all commission, board and committee positions prospectively. Additionally, the Committee recommended that the ordinance amend the requirements of the UCMC to provide that the advisory body member must notify the recording secretary within 24 hours of the meeting of their inability to attend as a result of serious illness and/or injury of the Commissioner and/or their immediate family and death in the family, and within 72 hours of the meeting of their inability to attend as a result of employment conditions requiring travel outside the Bay Area, evening meetings, etc., lack of transportation to the meeting and previously scheduled vacation or travel.

DISCUSSION
Proposed Ordinance
As noted above, the Commissions both currently consist of seven members under the UCMC. As a result, in order to achieve quorum and proceed with meetings, at least four members must attend. Staff has indicated that the Commissions are typically able to obtain three attendees. The proposed ordinance would lower the membership of the Commissions from seven to five, thus allowing meetings to proceed with a quorum of three instead of four members. Additionally, the proposed ordinance would require notice by the advisory body member to the recording secretary within 24 hours of the meeting of their inability to attend as a result of serious illness and/or injury of the Commissioner and/or their immediate family and death in the family, and within 72 hours of the meeting of their inability to attend as a result of employment conditions requiring travel outside the Bay Area, evening meetings, etc., lack of transportation to the meeting and previously scheduled vacation or travel.

The proposed ordinance makes no other changes to the UCMC.

City Council/RSA Agenda 181 Tuesday, February 25, 2025
Human Relations Commission Membership
While the proposed ordinance reduces membership for the Park and Recreation Commission and the Senior Citizens Commission from seven to five members due to quorum challenges, no changes are being made to the Human Relations Commission. Unlike the other two commissions, the Human Relations Commission has consistently met quorum requirements despite being a seven-member body. Therefore, staff has determined that adjustments to its membership are unnecessary at this time.

Proposed Resolution
The proposed resolution specifies that, effective after adoption, all new appointments to City boards, commissions, and committees will commence on January 1st and expire on December 31st of the final year of their terms, aligning with the calendar year for the entirety of their service. This will provide administrative consistency and efficiency in the appointment processes without effecting or impacting the expiration terms of current appointees.

FISCAL IMPACT
There is no direct fiscal impact of adopting the proposed resolution and ordinance, however, a reduction in Commission membership will result in a minimal reduction the City’s overall commission compensation obligations.

RECOMMENDATION
Staff recommends that the City Council consider the Committee’s recommendation and:
1) Adopt a Resolution to standardize the appointment and expiration dates for new appointments to all boards, commissions and committees; and
2) Waive full reading and introduce by title only an ordinance amending Section 2.20.040 “Commissioner Attendance Standards”, Chapter 2.21 “Park and Recreation Commission” Sections 2.21.020 and 2.21.030 and Chapter 2.25 “Senior Citizens Commission” Sections 2.21.020 and

2.21.030 of the Union City Municipal Code to revise attendance standards and decrease commission membership from seven to five.

Prepared by:

Erica Gonzalez, Senior Associate
Submitted by:

Kristopher J. Kokotaylo, CityAttorney
ATTACHMENTS:

Description Type
Realignment Resolution Resolution
ProposedOrdinance Ordinance
PowerPoint Presentation Attachment
Desk ItemfromCityAttorney Kokotaylo Attachment
City Council/RSA Agenda 182 Tuesday, February 25, 2025

Page 1 of 2 ends

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY TO STANDARDIZE THE APPOINTMENT AND

EXPIRATION DATES FOR NEW APPOINTMENTS TO ALL

BOARDS, COMMISSIONS, AND COMMITTEES
WHEREAS, the City of Union City values the contributions of all members serving on city boards, commissions, and committees; and
WHEREAS, maintaining administrative consistency and efficiency in the appointment processes enhances governance and oversight; and WHEREAS, the existing municipal codes do not specify the exact start and end dates for the terms of office for the members of various City commissions; and WHEREAS, to ensure continuity and stability, existing terms of office for current commissioners will continue unaffected until their natural expiration; and WHEREAS, it is deemed beneficial by the City Council to standardize the start and end dates for all new appointments to city boards, commissions, and committees to align with the calendar year.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNION CITY AS FOLLOWS:

SECTION 1. Effective from the date of adoption, all new appointments to City boards, commissions, and committees shall commence on January 1st and expire on December 31st of the final year of their terms, aligning with the calendar year for the entirety of their service.

SECTION 2. This standardization applies only to new appointments made after the adoption of this resolution and does not alter the terms of current commissioners whose appointments were made prior to this resolution.

SECTION 3. The City Clerk is directed at adjusting the records for all new appointments henceforth and ensure that this new standard is communicated to all relevant parties including commission chairs and City Council members.

SECTION 4. This resolution shall be incorporated into the City’s official administrative policies, and all relevant departments are instructed to adhere to these new standards in their operations and reporting.

SECTION 5. If any portion of this resolution conflicts with existing City ordinances or state laws, necessary amendments shall be proposed to ensure compliance and alignment with this resolution’s objectives.

SECTION 6. This resolution shall take effect immediately upon its adoption and shall be enforced for all new appointments thereafter.

City Council/RSA Agenda 183 Tuesday, February 25, 2025
Resolution No. 2025-XXX
Standardizing Appointment and Expiration Dates for All Boards, Commissions, and Committees

Page 2 of 2 ends

Union City City CouncilFebruary 25, 2025

Union City City Council
February 25, 2025