Union City City Council
March 11, 2025

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, March 11, 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 Honoring the Observance of Ramadan in Union City

3.2. Proclamation Recognizing March 2025 as Red Cross Month

3.3. Proclamation Recognizing March 2025 as Women's History Month

3.4. Proclamation Recognizing International Women's Day

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 February 25, 2025 City Council Special Closed City Council/RSA Agenda 1 Tuesday, March 11, 2025
Session

5.3. Approve theAction Minutes of February 25, 2025 City Council Regular Meeting

5.4. Adopt a Resolution of the City Council of the City of Union City Recognizing Operating Engineers Local 3 (OE3) as the Sole and Exclusive Bargaining Representative for the Classifications Previously Represented by the Management Employees Group (MEG) and the Professional Employees Group (PEG)

5.5. Accept Completion of the Decoto Road Project, Phase 1, City Project No. 23-24

5.6. Adopt a Resolution Authorizing the City Manager to Execute the Fourth Amendment to the Consulting Services Agreement with Cumming Group, in the Amount of $118,898, for a Total Contract Amount of $456,898, for Construction Project Management Services for Various City-Owned Building Repairs and Renovations Projects

5.7. Adopt a Resolution Authorizing the City Manager to Execute the Fifth Amendment to the ConsultingAgreement with William R. Gray and Company, Inc. DBAGray-BowenScott, in the Amount of $475,000, for a Total Contract Not-to-Exceed Amount of $1,379,000, for Progress Reporting and Reimbursement Processing for Transportation Grant Funded Projects

5.8. Adopt a Resolution Authorizing the Purchase of One Main Distribution Switchboard from Greens Distribution, DBA Greens Electric, in the Amount of $248,028, as Part of the Transit Corp Yard Bus Charging Stations (EVCI) Project, City Project No. 20-04, which is Included in the Corporation Yard Master Plan

5.9. Waive Further Reading And Adopt 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

6. PUBLIC HEARINGS

6.1. Hold a Public Hearing and Introduce an Ordinance for Zoning Text Amendment (AT25-001) to Amend Title 18, Zoning, of the Union City Municipal Code to Rescind and Replace Chapter 18.34, Accessory Dwelling Units, and Amend Chapters 18.08, Definitions; 18.31, SB 9 Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing; and Find that the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15282(h) and Public Resources Code Section 21080.17

7. CITYMANAGER REPORTS - None

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, March 11, 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, March 11, 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, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 5 Tuesday, March 11, 2025

Honoring the Observance of Ramadan in Union City
WHEREAS, Ramadan is a sacred month of fasting, reflection, and spiritual growth observed by millions of Muslims around the world, including many in Union City; and WHEREAS, this month-long observance is a time for self-discipline, gratitude, and deepened faith, as fasting from dawn to sunset fosters patience, humility, and a greater awareness of those in need; and
WHEREAS, the values of Ramadan—charity, compassion, and community—align with Union City’s commitment to inclusivity, understanding, and service to others; and WHEREAS, the local Muslim community plays an integral role in the cultural and civic fabric of Union City, contributing to education, business, healthcare, public service, and beyond; and
WHEREAS, throughout Ramadan, families and friends gather in prayer, reflection, and acts of generosity, strengthening the bonds that connect us all, regardless of faith or background; and
WHEREAS, the end of Ramadan is celebrated with Eid al-Fitr, a joyous occasion marked by community gatherings, shared meals, and expressions of gratitude and goodwill.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, and on behalf of the entire City Council, proudly recognize Ramadan and extend its warmest wishes to all those observing this holy month. May this time of renewal and devotion bring peace, unity, and blessings to our community and beyond.

DATED: March 11, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 6 Tuesday, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 7 Tuesday, March 11, 2025

56 th
Annual Professional Municipal Clerks Week
May 4 – 10, 2025
WHEREAS, the Office of the Professional Municipal Clerk is a time-honored and essential part of local government, serving communities around the world; and WHEREAS, the Office of the Professional Municipal Clerk is one of the oldest public service roles, with a legacy of dedication and commitment to the democratic process; and WHEREAS, Professional Municipal Clerks act as the vital link between residents, local governing bodies, and agencies at all levels of government, ensuring transparency, and accessibility; and WHEREAS, Municipal Clerks are the trusted guardians of public records, open government, and citizen engagement, ensuring transparency in government operations; and WHEREAS, as Election Officials, Municipal Clerks serve as a gateway to democracy, administering fair, accessible, and secure elections that uphold the integrity of the electoral process and ensure every vote counts; and
WHEREAS, Professional Municipal Clerks uphold the highest standards of neutrality and impartiality, providing equitable service to all members of the community; and WHEREAS, the Professional Municipal Clerk serves as an essential information resource for the functions of local government and community affairs; and WHEREAS, Professional Municipal Clerks continually strive for excellence by participating in educational programs, seminars, workshops, and professional development opportunities through local, state, provincial, county, and international organizations; and WHEREAS, it is both fitting and proper to recognize the Office of the Professional Municipal Clerk's invaluable contributions and express appreciation for their service.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, and on behalf of the entire City Council, do hereby proclaim May 4 – 10, 2025, as Professional Municipal Clerks Week in the City of Union City and extend sincere gratitude to our City Clerk Thai Nam Pham, Administrative Specialist Johanna Ota, and all Professional Municipal Clerks for their outstanding dedication and commitment to the communities they serve.

DATED: April 22, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 8 Tuesday, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 9 Tuesday, March 11, 2025

Recognizing March 2025 as Women’s History
Month
WHEREAS, Women's History Month is celebrated annually in March to honor the countless contributions of women throughout history, recognizing their influence in shaping our culture, economy, and society; and
WHEREAS, this year's theme, "Moving Forward Together! Women Educating & Inspiring Generations," highlights the pivotal role of women in education, mentorship, and leadership, acknowledging their efforts in empowering individuals and communities; and WHEREAS, women have played a vital role in every facet of our nation's history, breaking barriers in government, business, healthcare, education, and beyond, paving the way for future generations; and
WHEREAS, the City of Union City values the significant achievements of women locally, nationally, and globally, and is committed to supporting gender equity and opportunities for women and girls in all sectors; and
WHEREAS, by commemorating Women's History Month, we honor trailblazers from the past, celebrate the progress made, and encourage continued advocacy for equality and justice for all.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, and on behalf of the entire City Council, do hereby proclaim March 2025 as Women's History Month in Union City and encourage all residents to celebrate and recognize the invaluable contributions of women who strengthen our community and our world.

DATED: March 11, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 10 Tuesday, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 11 Tuesday, March 11, 2025

Recognizing International Women's Day
WHEREAS, International Women's Day, celebrated annually on March 8, is a global day honoring the social, economic, cultural, and political achievements of women and recognizing the continued need for gender equality and women's empowerment; and WHEREAS, women have played an integral role in shaping Union City's history, culture, and community, contributing to our city's progress as leaders, educators, entrepreneurs, healthcare workers, public servants, and caregivers; and WHEREAS, the 2025 theme, "Accelerate Action", underscores the critical need to expedite efforts toward gender parity, acknowledging that at the current rate, full equality may not be achieved until 2158, necessitating immediate and concerted action; and WHEREAS, accelerating action involves addressing systemic barriers, challenging biases, and implementing policies that promote equal opportunities, pay equity, and representation for all women and girls; and
WHEREAS, Union City is committed to fostering an inclusive environment that supports and empowers women, recognizing that their advancement contributes to the overall prosperity and well-being of our community; and
WHEREAS, by embracing the "Accelerate Action" initiative, we reaffirm our dedication to creating a future where gender equality is realized, and every woman and girl can reach her full potential.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, and on behalf of the entire City Council, do hereby proclaim March 8, 2025, as International Women's Day in Union City and encourage all residents to join in efforts to accelerate action toward gender equality, celebrating the achievements and contributions of women in our community and beyond.

DATED: March 11, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 12 Tuesday, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
03/11/2025 - Kurohara, Jeffrey Attachment
City Council/RSA Agenda 13 Tuesday, March 11, 2025
City Council/RSA Agenda 14 Tuesday, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 15 Tuesday, March 11, 2025
February 25, 2025 | 6:00 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 25, 2025 | 6:00 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 6:02 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, March 11, 2025
February 25, 2025 | 6:00 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 25, 2025 City Council Regular Meeting.

6. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:47 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 March 11, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 17 Tuesday, March 11, 2025
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 18 Tuesday, March 11, 2025
February 25, 2025 | 7:00 PM Page 1 of 6
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 25, 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 7:01 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
Mayor Singh also reported out of the Special Closed Session that was held prior to the meeting. Before proceeding, he noted that the meeting would be adjourned in memory of former Union City Councilmember and Alameda County Supervisor Richard Valle, who passed away two years ago.

2. UNFINISHED BUSINESS
There was none.

City Council/RSA Agenda 19 Tuesday, March 11, 2025
February 25, 2025 | 7:00 PM Page 2 of 6
City Council / Successor Agency
Regular Meeting Minutes

3. PROCLAMATIONS AND PRESENTATIONS

3.1. Proclamation Recognizing February as American Heart Month Mayor Singh read aloud the proclamation and presented it to Washington Health Chief of Community Support Services Angus Cochran and Union City Community and CRS Program Coordinator Magbanua. Both provided brief remarks afterward.

3.2. Proclamation Recognizing the Life-Saving Actions of Ruggieri Center Staff and Community Members
Mayor Singh read the proclamation and presented it to Ruggieri Center members Michael Dee and Mei-Kuen Hone and CRS staff members Dana Dieterle, Lindsey Andalis, and Erin Ewing. Ms. Ewing and Ms. Hone provided brief remarks afterward.

4. ORAL COMMUNICATIONS
Mayor Singh opened Oral Communications. There being no speakers, Mayor Singh closed Oral Communications.

5. CONSENT CALENDAR
Motion: Approve the Consent Calendar Items.

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

5.1. Approve the Action Minutes of the February 8, 2025 City Council and Planning Commission Joint Special Meeting Minutes
A motion was made to approve the minutes.

5.2. Approve the Action Minutes of February 11, 2025 City Council Special Closed Session
A motion was made to approve the minutes.

5.3. Approve the Action Minutes of February 11, 2025 City Council Special Meeting
A motion was made to approve the minutes.

5.4. Approve the Action Minutes of February 11, 2025 City Council Regular Meeting
A motion was made to approve the minutes.

5.5. 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/Purchasing Agent Position
City Council/RSA Agenda 20 Tuesday, March 11, 2025
February 25, 2025 | 7:00 PM Page 3 of 6
City Council / Successor Agency
Regular Meeting Minutes
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-023

5.6. 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
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-024

5.7. Adopt a Resolution Accepting Completion of the Mariner Park Play Equipment and Surface Replacement Project (City Project No. 24-13) A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-025

5.8. 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
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-026

5.9. Adopt a Resolution Approving an Amendment to the Class Specifications for the Classifications of Preschool Site Supervisor I and Preschool Site Supervisor II
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-027

6. PUBLIC HEARINGS
There were none.

7. CITY MANAGER REPORTS

7.1. Economic Development Strategic Plan Update Progress Report Economic Development Manager Ortega introduced Strategic Economics' Dena Belzer, who presented on the item. Belzer and Ortega responded to Council questions.

Mayor Singh opened Public Comment. Rosalinda Miramontes spoke on the item. There being no further speakers, Mayor Singh closed Public Comment.

Council received the 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
City Manager Malloy provided staff presentation and responded to questions from council members.

City Council/RSA Agenda 21 Tuesday, March 11, 2025
February 25, 2025 | 7:00 PM Page 4 of 6
City Council / Successor Agency
Regular Meeting Minutes
Mayor Singh opened Public Comment. The following speakers spoke:

Timothy Swenson
Cheri Crocker-Root
Larry Orozco
Alicia Gonzales-Candelaria
Gracie Vazquez
Rosalinda Miramontes
Arturo Ariz
Victor Lopez
There being no further speakers, Mayor Singh closed Public Comment.

Motion: Direct City Staff to execute contracts to assess the Teen Workshop building, determine necessary repairs and
improvements, and proceed with any minor repairs within their authority.

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

7.3. General Fund Financial Results for Fiscal Year 2023-2024 (Unaudited) and Adopt a Resolution Approving Fiscal Year 2023-2024 Budget Amendments and 002Budget Transfers
Finance Director Acosta provided staff presentation and responded to questions from council members.

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

Motion: Adopt a Resolution Approving Fiscal Year 2023-2024 Budget Amendments and Budget Transfers.

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

Enactment No.: Resolution No. 2025-028
City Council/RSA Agenda 22 Tuesday, March 11, 2025
February 25, 2025 | 7:00 PM Page 5 of 6
City Council / Successor Agency
Regular Meeting Minutes

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
City Attorney Kokotaylo and City Clerk Pham provided staff presentation and responded to questions from council members.

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

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

Enactment No.: Resolution No. 2025-029

8. SUCCESSOR AGENCY TO 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 on attending the League of California Cities Board Meeting in Rancho Cucamonga.

City Council/RSA Agenda 23 Tuesday, March 11, 2025
February 25, 2025 | 7:00 PM Page 6 of 6
City Council / Successor Agency
Regular Meeting Minutes
Vice Mayor Sakakihara reported on the Ava Community Energy Board of Directors meeting, the Parks and Recreation Commission Meeting, and the Alameda County Department Advisory Commission Meeting.

Councilmember Wang reported on Alameda County Waste Management Authority.

Councilmember Nishihira had nothing to report.

Mayor Singh reported on Alameda County Transportation Commission.

12. GOOD OF THE ORDER
Councilmember Patiño reported that he was interviewed by a PhD student from Harvard University regarding planning and zoning. He also attended Congressman Swalwell’s Town Hall Meeting on February 18, 2025, along with the rest of the Council. He noted that he will be attending a National League of Cities Board of Directors Meeting on February 28, 2025. Additionally, he requested to agendize a discussion on adjusting the $2,000 rollover limit for council travel funds, which received council concurrence.

Vice Mayor Sakakihara reported his attendance at Congressman Swalwell’s Town Hall Meeting on February 18, 2025, and his participation in the Lions Club and Union City Police Officers Association Crab Feed on February 22, 2025.

Councilmember Wang reported his attendance at Congressman Swalwell’s Town Hall Meeting on February 18, 2025, and his participation in the Lions Club and Union City Police Officers Association Crab Feed on February 22, 2025.

Councilmember Nishihira reported his attendance at Congressman Swalwell’s Town Hall Meeting on February 18, 2025, and his participation in the Lions Club and Union City Police Officers Association Crab Feed on February 22, 2025. He also noted that he will be attending the Union City Chamber of Commerce Spirit Awards on February 26, 2025, and will be in San Francisco on February 28, 2025, for two events: the Understanding Urban Trade-Offs Workshop and the East Bay Division Meeting.

Mayor Singh reported his attendance at Congressman Swalwell’s Town Hall Meeting on February 18, 2025, and thanked City staff for organizing the event.

13. CLOSED SESSION
There were none.

14. ADJOURNMENT
Mayor Singh adjourned the meeting in Richard Valle’s honor at 9:42 PM.

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 March 11, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 24 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY RECOGNIZING OPERATING ENGINEERS LOCAL 3 (OE3)AS THE SOLE AND EXCLUSIVE BARGAINING REPRESENTATIVE FOR THE

CLASSIFICATIONS PREVIOUSLY REPRESENTED BY THE MANAGEMENT EMPLOYEES GROUP (MEG) AND

THE PROFESSIONAL EMPLOYEES GROUP (PEG)

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution recognizing Operating Engineers Local 3 (OE3) as the sole and exclusive representative for the classifications previously represented by the Management Employees Group (MEG) and the Professional Employees Group (PEG).

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
On January 2, 2025, the City received notice of decertification and representation from Operating Engineers Local 3 (OE3) for the MEG and PEG.

The City Council has, pursuant to Resolution No. 3076-77, established local rules governing the process for recognition, decertification and other matters related to exclusive employee representation. The petition received by OE3 met the criteria established by Resolution No. 3076-77 for decertification of MEG and for recognition of OE3. Subsequently, the City notified all represented members represented by MEG and PEG and worked with the Public Employment Relations Board (PERB) for the State of California to facilitate a certification validation. This was validated by PERB on February 14, 2025.

DISCUSSION
The proposed recognition of OE3 for the classifications represented by MEG and PEG have met all criteria outlined in the Employer-Employ Organization Relations (EEOR) Program and has been independently validated by PERB. The City has and continues to remain neutral on matters representation and has participated alongside OE3 and in consultation with PERB, to ensure a compliant and expedient process for decertification a recognition of this represented group. Additionally, the City has continued to engage with the MEG and PEG groups regarding the propos decertification and recognition process as it related to fulfilling the City’s obligations under the EEOR Program.

FISCAL IMPACT
There is no direct fiscal impact as are result of this action.

RECOMMENDATION
City Council/RSA Agenda 25 Tuesday, March 11, 2025
Staff recommends that the City Council adopt the attached resolution recognizing OE3 as the sole and exclusive bargaining representative for the classifications previously represented by the Management Employees Group (MEG) and the Professional Employees Group (PEG).

Prepared by:

JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
Submitted by:

JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Resolution No. 5136-17 Attachment
Resolution No. 5137-17 Attachment
MEGand PEGClassification Lists Attachment
City Council/RSA Agenda 26 Tuesday, March 11, 2025

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY RECOGNIZING OPERATING ENGINEERS
LOCAL 3 AS THE SOLE AND EXCLUSIVE BARGAINING

REPRESENTATIVE FOR THE CLASSIFICATIONS

PREVIOUSLY REPRESENTED BY THE MANAGEMENT

EMPLOYEES GROUP (MEG) AND THE PROFESSIONAL

EMPLOYEES GROUP (PEG)
WHEREAS, for more than thirty-two (32) years, the City has met with the Management Employee Group (MEG) and the Professional Employees Group (PEG) to discuss wages, hours, and other terms and conditions of employment of the MEG and PEG members respectively; and
WHEREAS, the City of Union City has previously entered into multiple agreements with the MEG and PEG groups, governing terms and conditions of employment, the most recent being a January 2022 through January 2024 Memorandum of Understanding; and WHEREAS, the City previously adopted Resolution No. 5137-17 formally recognizing MEG as the exclusive representative of its members and Resolution No. 5136-17 formally recognizing PEG as the exclusive representative of its members; and WHEREAS, the City has an Employer-Employee Organization Relations Program, pursuant to Resolution No. 3076-77; and
WHEREAS, the City received a decertification and recognition petition from Operating Engineers Local 3 for both MEG and PEG, on January 2, 2025, which was validated on February 14, 2025, by the State Mediation and Conciliation Services division of the Public Employment Relations Board of the state of California.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby formally recognize Operating Engineers Local 3 as the sole and exclusive bargaining representative for classifications previously represented by MEG and PEG as identified in their respective Memorandums of Understanding.

City Council/RSA Agenda 27 Tuesday, March 11, 2025
Resolution No.2025-XXX
Recognizing Operating Engineers Local 3

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of March 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 28 Tuesday, March 11, 2025
City Council/RSA Agenda 29 Tuesday, March 11, 2025
City Council/RSA Agenda 30 Tuesday, March 11, 2025
Management Employees Group
Accounting Manager
Chief Building Official/Senior Plans Examiner
City Engineer
Clinical Supervisor
Community & Recreation Services Manager
Community Services Manager
Cyber Security Manager
Economic Development Manager
Environmental Program Manager
Fleet Supervisor
Housing & Community Development Manager
Intervention Counselor I
Management Analyst I
Management Analyst II
Management Analyst III
Planning Manager
Principal Civil Engineer
Public Works Grounds Supervisor
Public Works Streets Supervisor
Public Works Superintendent
Recycling & Solid Waste Program Manager
Revenue Collections Manager
Supervising Accountant
Transit Manager
Youth & Family Services Prog Manager
City Council/RSA Agenda 31 Tuesday, March 11, 2025
Professional Employees’ Group
Accountant
Assistant Planner
Associate Planner
Building Code Compliance Coordinator
Case Manager
Economic Development Coordinator
Emergency Services Coordinator
Engineer I (Civil)
Engineer II (Civil)
Engineer III (Civil)
Environmental Analyst I
Environmental Analyst II
Environmental Programs Inspector
Homeless Program Coordinator/Case Manager
Intervention Counselor
Lead Construction Inspector
Lead Payroll Technician
Payroll Technician
Recreation Supervisor
Senior Accountant
Senior Building/Code Compliance Inspector
Senior Planner
Senior Recreation Supervisor
Senior Systems Analyst
Sustainability Analyst I
Sustainability Analyst II
Systems Analyst
Transit Planner - Assistant
Transit Planner - Associate
Transit Planner - Senior
Web and Database Administrator
City Council/RSA Agenda 32 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ACCEPT COMPLETION OF THE DECOTO ROAD PROJECT, PHASE 1, CITYPROJECT NO. 23-24

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution accepting the completion of the Decoto Road Project, Phase 1, City Project No. 23- 24, and authorizing the release of the retention payment, in the amount of $119,321, to McKim Corporation.

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 August 13, 2024, the City Council adopted Resolution No. 6351-24, awarding a construction contract to McKim Corporation of Gilroy, California, in the amount of $2,372,999, for the Decoto Road Project, Phase 1, City Project No. 23-24. The contractor has completed the work in accordance with the plans and specifications approved for this project and has supplied the City with all bonding requirements as specified in the contract.

DISCUSSION
Decoto Road Project, Phase 1, consisted of the following improvements:

1. Repairing failed pavement areas

2. Pavement resurfacing of entire width

3. Repairing sidewalks, curbs and gutters

4. Installing/upgrading ADA curb ramps

5. Adjusting utility manhole covers

6. Upgrading the conventional class II bicycle lane to a buffered class II bicycle lane

7. Upgrading intersection safety for bicyclists and pedestrians

8. Enhancing bus & bike sharing zones
The contractor began work in early September 2024 and substantially completed the work in early December 2024. The final construction cost for the project is $2,386,418, which is approximately 0.5% above the original contract amount due to increased quantities in pavement resurfacing.

City Council/RSA Agenda 33 Tuesday, March 11, 2025

FISCAL IMPACT
The project is funded with a combination of SB 1 Road funds, Measure BB Streets funds, TDA Article 3 funds, and Allied Waste Vehicle Impact Fee funds as identified in the approved Fiscal Year 2024-2025 budget.

Sufficient funds are available for the requested City Council action.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the completion of the Decoto Road Project, Phase 1, City Project No. 23-24, and authorizing the release of the retention payment, in the amount of $119,321, to McKim Corporation.

Prepared by:

Trieu Tran, Engineer III (Civil)
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 34 Tuesday, March 11, 2025

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY ACCEPTING COMPLETION OF THE DECOTO
ROAD PROJECT, PHASE 1, CITY PROJECT NO. 23-24
WHEREAS, on August 13, 2024, the City Council adopted Resolution No. 6351- 24, awarding a construction contract to McKim Corporation, of Gilroy, California, in the amount of $2,372,999, for the Decoto Road Project, Phase 1; and WHEREAS, the Decoto Road Project, Phase 1, consisted of the following improvements:

1. Repairing failed pavement areas

2. Pavement resurfacing of entire width

3. Repairing sidewalks, curbs & gutters

4. Installing/upgrading ADA curb ramps

5. Adjusting utility manhole covers

6. Upgrading the conventional class II bicycle lane to a buffered class II bicycle lane

7. Upgrading intersection safety for bicyclists & pedestrians

8. Enhancing bus & bike sharing zones; and
WHEREAS, the project was started in early September 2024 and was substantially complete in December 2024, and all final project punch-list items have been resolved with the contractor; and
WHEREAS, the final construction cost for the project is $2,386,418.06, which is approximately 0.5% more than the original contract, due to increased quantities in pavement resurfacing. This does not include any potential reimbursements by various companies for the adjustment of their utilities as part of this work (ownership of affected utility facilities currently under review).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the improvements, in the final amount of $2,386,418.06, for the Decoto Road Project, Phase 1, City Project No. 23-24, as described in the Certificate of Completion, attached as Exhibit A.

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.

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 $119,320.91, to McKim Corporation for the completion of improvements of the Decoto Road Project, Phase 1, City Project No. 23-24, in accordance with the plans and specifications on file at the Office of the Public Works Director.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of March 2025 by the following vote:

City Council/RSA Agenda 35 Tuesday, March 11, 2025
Resolution 2025-XXXX
Accept Decoto Road Project, Phase 1

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 36 Tuesday, March 11, 2025

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: DECOTO ROAD PROJECT, PHASE 1, CITY PROJECT NO. 23-24 I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:

That this project, consisting of repairing failed pavement areas, pavement resurfacing of entire width, repairing sidewalks, curbs & gutters, installing/upgrading ADA curb ramps, adjusting utility manhole covers, upgrading the conventional class II bicycle lane to a buffered class II bicycle lane, upgrading intersection safety for bicyclists & pedestrians, and enhancing bus & bike sharing zones; and
a. That contract agreement was approved by the City Council in the amount of $2,372,998.47; and
b. That the adopted and approved plans and specifications have been changed in the following respects:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Original Contract $ 2,372,998.47
1 Change in Quantities $ 13,419.59
Total Construction Contract Cost to City $ 2,386,418.06 c. That the work performed has been done in accordance with such plans and specifications.
d. That McKim Corporation performed the work, at a total cost of $2,386,418.06 including the above noted contract change description.
e. That the final retention amount of $119,320.91 will be released after 35 days of the project’s acceptance.

Dated: , 2025. ___________________________________
MARILOU AYUPAN, P.E.

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 37 Tuesday, March 11, 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: DECOTO ROAD PROJECT, PHASE 1 , CITY PROJECT NO. 23-24 NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 11 th day of March, 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 McKim Corporation of Gilroy, CA and entered into on August 13, 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 street rehabilitation work and improvements, located at various streets in Union City, were actually accepted by the Public Works Director of the City of Union City on the 11 th day of March, 2025, and that the name of the surety on the Contractor's bond for labor and materials on said contract is the Great Midwest Insurance Company.

That the following work has been completed: Decoto Road Project, Phase 1, consisting of consisting of repairing failed pavement areas, pavement resurfacing of entire width, repairing sidewalks, curbs & gutters, installing/upgrading ADA curb ramps, adjusting utility manhole covers, upgrading the conventional class II bicycle lane to a buffered class II bicycle lane, upgrading intersection safety for bicyclists & pedestrians, and enhancing bus & bike sharing zones.

Dated: , 2025. ___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR

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 RECORDER MAIL TO:

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 38 Tuesday, March 11, 2025
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 it 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 39 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH CUMMING GROUP, IN THE AMOUNT OF $118,898, FOR A TOTAL CONTRACT AMOUNT OF $456,898, FOR CONSTRUCTION PROJECT MANAGEMENT SERVICES FOR

VARIOUS CITY-OWNED BUILDING REPAIRS AND RENOVATIONS PROJECTS

EXECUTIVE SUMMARY
Staff recommends that the City Council authorize the City Manager to execute the Fourth Amendment to the Consulting Services Agreement (“Fourth Amendment”) with Cumming Group, in the amount of $118,898, for a total contract amount of $456,898, for construction project management services for various City-Owned Building Repairs and Renovations projects.

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
On April 12, 2022, the City Council adopted Resolution No. 5922-22a, which directed that part of the unanticipated budget savings in the General Fund be programmed for reinvestment in unfunded, one-time, capital projects. Work on several previously deferred high-priority projects was initiated immediately; however, due to the volume of work, staff brought in a consulting firm to help manage the projects.

On June 14, 2022, the City Council adopted Resolution No. 5953-22, approving a Consulting Services Agreement for pre-construction project management of the original four high-priority capital projects with Swinerton Management & Consulting.

As staff realized that the workload exceeded Swinerton’s capacity to assist, another firm was sought to replace them. Nova Partners, Incorporated, was engaged in February 2023 to handle both the pre-construction and construction management tasks on a three-month trial period ending on May 31, 2023, for a total contract amount of $74,573.

On June 27, 2023, the City Council adopted Resolution No. 6153-23, approving the First Amendment to the Consulting Services Agreement with Nova Partners, Incorporated, in the amount of $175,000, for a total contract amount of $249,573.

On November 29, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement to amend the scope of services and extend the term.

On May 14, 2024, the City Council adopted Resolution No. 6295-24, approving the Third Amendment to the Consulting Services Agreement with Cumming Group (formerly Nova Partners, Incorporated), in the amount of $88,427, for a total contract amount of $338,000.

Staff continues to depend on Cumming Group for assistance with pre-construction and construction project management tasks. Staff continues to be City Council/RSA Agenda 40 Tuesday, March 11, 2025
satisfied with the work Cumming Group provides and wishes to further use their services.

DISCUSSION
Cumming Group provides pre-construction project management services that include preparation of bid documents and procurement of contractors for the repairs to City facilities, as well as providing project management of the construction activity. They have been instrumental in managing several repair and renovation projects for City-owned facilities including:

1. The completed bidding, permitting, procurement and installation of the exhaust removal systems at Fire Station 31 and Fire Station 32;

2. The exterior repair, interior demolition and bidding for the interior reconstruction of the Union City Historical Museum;

3. The bidding for the corporation yard roof and access hatch ladders;

4. The installation and programming of the City Hall/Police Department generator remote monitoring system (annunciator);

5. The completed design and permitting of the City Hall Atrium Garden;

6. The procurement of services for the City Hall/Police Department generator, to include maintenance and fuel cleaning; and,

7. The bidding and contracting of design services for the future City Hall/Police Department mobile generator tap box.

Public Works continues to depend on Cumming Group to oversee these and other projects, to include the second phase of the City Hall workstation modernization and the installation of new carpet at City Hall.

FISCAL IMPACT
The FourthAmendment increases Cumming Group’s compensation by $118,898 and will be funded with monies available as follows:

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute the Third Amendment to the Consulting Services Agreement with Cumming Group, in the amount of $118,898, for a total contract amount of $456,898, for construction project management services for various CityOwned Building Repairs and Renovations projects.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - FourthAmendment Attachment
Draft Resolution Resolution
City Council/RSA Agenda 41 Tuesday, March 11, 2025
Fourth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.

FOURTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5939)
THIS FOURTH AMENDMENT (the “Fourth Amendment”) is effective as of this 11th day of March 2025 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Cumming Group, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on February 27, 2023, the Parties entered into a Consulting Services Agreement (C5939) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Project Management Services, City Project No. 22-21, in the amount of $74,573; and WHEREAS, on June 27, 2023, the Parties entered into a First Amendment to the Consulting Services Agreement (C5939b) (“First Amendment”) to increase the compensation in the amount of $175,000, for a total contract amount not to exceed $249,573, and extend the term; and WHEREAS, on November 29, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement (C5939c) (“Second Amendment”) to amend the scope of services and extend the term; and
WHEREAS, on May 14, 2024, the Parties entered into a Third Amendment to the Consulting Services Agreement (C5939d) (“Third Amendment”), to amend the scope, extend the term, and increase the compensation; and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of service and increase the compensation; and
WHEREAS, the City and Consultant desire to enter into this Fourth 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 Eighteen Thousand Eight Hundred Ninety-Eight Dollars ($118,898), as set forth in Exhibit B of this Fourth Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Four Hundred Fifty-Six Thousand Eight Hundred Ninety-Eight Dollars ($456,898). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Four Hundred FiftySix Thousand Eight Hundred Ninety-Eight Dollars ($456,898), notwithstanding City Council/RSA Agenda 42 Tuesday, March 11, 2025
Fourth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.

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 Fourth Amendment.

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

THE CITY OF UNION CITY CUMMING GROUP
By By
Joan Malloy David Marks
City Manager Principal
Attest:
___________________________
Thai Nam Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
Docusign Envelope ID: A8B2051D-0080-4AC2-A19C-908B7E8B494C City Council/RSA Agenda 43 Tuesday, March 11, 2025
Fourth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.

EXHIBIT B

COST PROPOSAL
Proposed Staffing:
• Joe Capps-Jenner will be responsible for the overall performance of Cumming Group’s services. Joe’s hourly rate is $225/hr.
• Saul Flores will be responsible for day-to-day project management. Saul’s hourly rate is $185/hr.

Fee:

Based on our understanding of the required scope, we estimate that Saul will spend an average of approximately three days per week supporting the City of Union City. We will track this carefully and review with you regularly to ensure the appropriate level of resource is provided.

We are ready to adjust our level of effort as needed and will only bill for the hours we spend on your projects.

We propose to increase to $456,898 as outlined below.

City Council/RSA Agenda 44 Tuesday, March 11, 2025

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FOURTH AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT WITH CUMMING
GROUP, IN THE AMOUNT OF $118,898, FOR A TOTAL
CONTRACT AMOUNT OF $456,898, FOR

CONSTRUCTION PROJECT MANAGEMENT SERVICES

FOR VARIOUS CITY-OWNED BUILDING REPAIRS AND

RENOVATIONS PROJECTS
WHEREAS, on April 12, 2022, the City Council adopted Resolution No. 5922-22a, directing that part of the unanticipated budget savings in the General Fund be programmed for reinvestment in unfunded, one-time, capital projects; and WHEREAS, work on several previously deferred high-priority projects was initiated immediately; however, due to the volume of work, staff brought in a consulting firm to help manage the projects; and
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5953-22, approving a Consulting Services Agreement with Swinerton Management & Consulting, in the amount of $75,630, for pre-construction project management of four high-priority capital projects involving the library, the City Hall atrium garden, the emergency generator at City Hall/Police, and the Historical Museum; and
WHEREAS, the workload demands of both pre-construction project management and construction project management services for the original high-priority capital projects, as well as several additional priority projects and emergency repairs, exceeded Swinerton’s capacity to assist; and
WHEREAS, Nova Partners, Incorporated (“Nova”), was contracted on February 27, 2023, to replace Swinerton for both the pre-construction project management and construction project management tasks, on a three-month trial period ending on May 31, 2023, for a total contract amount of $74,573; and
WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 6153-23, approving the First Amendment to the Consulting Services Agreement with Nova, in the amount of $175,000, for a total contract amount of $249,573; and WHEREAS, on November 29, 2023, the City executed the Second Amendment to the Consulting Services Agreement with Nova to amend the scope of services and extend the term; and
City Council/RSA Agenda 45 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Fourth Amendment to Cumming Group CSA

WHEREAS, on May 14, 2024, the City Council adopted Resolution No. 6295-24, approving the Third Amendment to the Consulting Services Agreement with Cumming Group (formerly Nova Partners, Incorporated), in the amount of $88,427, for a total contract amount of $338,000; and
WHEREAS, Cumming Group has been instrumental in managing several repair and renovation projects for City-owned facilities to include: 1) the completed bidding, permitting, procurement and installation of the exhaust removal systems at Fire Station 31 and Fire Station 32; 2) the exterior repair, interior demolition and bidding for the interior reconstruction of the Union City Historical Museum; 3) the bidding for the corporation yard roof and access hatch ladders; 4) the installation and programming of the City Hall/Police Department generator remote monitoring system (annunciator); 5) the completed design and permitting of the City Hall Atrium Garden; 6) the procurement of services for the City Hall/Police Department generator, to include maintenance and fuel cleaning; and, 7) the bidding and contracting of design services for the future City Hall/Police Department mobile generator tap box; and
WHEREAS, Public Works continues to depend on Cumming Group to oversee these and other projects, including the second phase of the City Hall workstation modernization project and the installation of new carpet at City Hall; and WHEREAS, staff has been satisfied with the work Cumming Group has done thus far and wishes to further use their services; and
WHEREAS, the Fourth Amendment to the Consulting Services Agreement with Cumming Group will increase Cumming Group’s compensation by $118,898, and will be funded with monies available in the General Fund and the Transit Fund.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Union City does hereby authorize the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Cumming Group, in the amount of $118,898, for a total contract amount of $456,898, for construction project management services for various City-Owned Building Repairs and Renovations projects.

City Council/RSA Agenda 46 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Fourth Amendment to Cumming Group CSA

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of March 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 47 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH WILLIAM R. GRAY AND COMPANY, INC., DBA GRAYBOWEN-SCOTT, IN THE AMOUNT OF $475,000, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $1,379,000, FOR PROGRESS REPORTING AND REIMBURSMENT PROCESSING FOR TRANSPORTATION

GRANT FUNDED PROJECTS

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Fifth Amendment to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $475,000, for a total not-toexceed contract amount of $1,379,000, for progress reporting and reimbursement processing for transportation grant funded projects.

Gray-Bowen-Scott is a professional consulting firm that specializes in the delivery of transportation projects. The firm assist the City with all types of reporting requirements that are mandated for transportation grant funds. Gray-Bowen-Scott has been working with the City for almost four years and has supported the City in the management and reimbursement of over $36 million in current and recent projects.

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

Goal C, Strategy 2: Economic, Community Development, and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing, and implementing the recommendations of the SouthernAlameda County Regional Rail Integration Study to make the Station District a passenger rail hub served byACE.

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

BACKGROUND
Union City receives millions of dollars from Alameda County Transportation Commission (Alameda CTC), the Metropolitan Transportation Commission (MTC), BART, and other governmental agencies to fund transit operations and transportation projects. See Attachment 2 for a list of current projects that total approximately $30,610,879 in active grants. All granting agencies require regular reporting to document how funds are spent and to receive reimbursements for the design and construction of capital projects. Alameda County-funded projects are also required to abide by specific hiring practices known as the Local Business Contract Equity Program that also must be documented and reported.

Alameda County Transportation Commission (Alameda CTC)
Alameda CTC makes monthly direct local distribution payments of Measure B, Measure BB and Vehicle Registration Fee funds to Union City for transportation improvements related to the Local Streets and Roads Program and the Bicycle and Pedestrian Program. Alameda CTC also makes monthly direct local distribution payments to Union City Transit for the Paratransit Program and the Transit Program. At the end of each City Council/RSA Agenda 48 Tuesday, March 11, 2025
fiscal year, Public Works and Union City Transit work with the Finance Department to prepare the Annual Compliance Report Forms for the direct local distribution program for Alameda CTC. This information is also included in City’s annual audit and reported to the state.

Alameda CTC also awards and oversees the expenditure of capital grant funds to projects and programs through Project Funding Agreements with local cities. Currently, Union City has two major projects that receive funding through Alameda CTC: Union City Boulevard Bike Lanes with approximately $9,600,000 of funding, and Quarry Lakes Parkway with approximately $5,001,191 of funding. In total, this amounts to approximately $14,191,191 in grant funding.

Alameda CTC also has extensive reporting requirements for the Local Business Contract Equity (LBCE) Program. The LBCE Program helps identify and engage local businesses, small local businesses, and very small local businesses that are in Alameda County. Seventy percent of Measure B funding must be directed towards local businesses in the County, and thirty percent must be directed to small and very small local businesses in the County. The purpose of this program is to encourage businesses to locate and remain in Alameda County, provide employment opportunities for residents of the county, and generate economic activity that stimulates the local economy.

Sponsoring Agencies (cities) are required to ensure that Alameda CTC-funded projects utilize local businesses or at least notice and give the opportunity to capture local funds. To ensure compliance is being met, Alameda CTC requires that the Sponsor Agencies submit bi-annual reports that track and verify the use of funds.

Metropolitan Transportation Commission (MTC)
MTC is a regional planning agency for the nine San Francisco Bay Area counties It is designated as the federal Metropolitan Planning Organization (MPO) and the state Regional Transportation Agency (RTPA) for the Bay Area. MTC receives available regional, state and federal funds as an MPO and RTPA and provides these funds to local agencies for planning and programming transportation, transit, land use or other projects relevant to MTC.

Currently, Union City has received grant funding from MTC for three projects: BART At-Grade Pedestrian Crossing with approximately $3,000,000 of funding, Quarry Lakes Parkway with approximately $3,507,000 of programmed funding, and the BusAID Part Time Transit Lane Pilot Project on Alvarado-Niles Road with approximately $1,507,688 of funding. In total, this amounts to approximately $8,014,688 of grant funds.

BART
In November 2016 voters passed Measure RR, which authorized BART to issue bonds for $3.5 billion to rebuild the aging BART system and the overall goal of the rebuilding program is to make the system safer, more reliable and to reduce traffic congestion; and the Safe Routes to BART is a grant program sponsored by BART using voter approved Measure RR capital funds and this program is designed to help local agencies improve access for BART customers traveling to BART stations by walking and biking.

Currently, Union City has received grant funding from BART from Safe Routes to BART grant program for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14 in the amount of $3,000,000.

Gray-Bowen-Scott (GBS)
In April 2020, the City entered into the initial Consulting Services Agreement, C5428, with Gray-Bowen-Scott to assist the Public Works and Finance Departments with the complicated and mandated reporting requirements. The preparation and timely submittal of the project progress reports and the request for reimbursement packages for Alameda CTC-funded projects is critical to receiving timely reimbursements. GrayBowen-Scott, who supports other small cities with transportation fund reporting, was retained because of their expertise with Alameda CTC, state and federal funds reporting and reimbursement processes. Gray-Bowen-Scott has successfully assisted Finance and Public Works staff with the year-end close-out of active transportation projects, and the City is now on schedule with the Alameda CTC-funded projects reporting.

Gray-Bowen-Scott's agreement was amended in 2021, 2022, and twice in 2023. Staff is now seeking the fifth amendment to continue their support on the reporting for the direct local distribution of funds and on the large-scale complex capital projects that require detailed requests, tracking, and reporting of funds.

DISCUSSION
All grant-funded transportation projects require periodic reporting, but those funded with Alameda CTC funds require an extensive reporting and documentation process with due dates that are both semi-annual and annual. This reporting process includes a Project Progress Report, which includes detailed project status, reporting actions, anticipated reporting actions, procurement status, amendments, performance measures, expenditures, reimbursements, annual publicity requirements and cash flow reporting of Alameda CTC funds. Additionally, any changes to a project scope, cost, or schedule require specific reporting on an Amendment Request Form. Finally, the capital grants require Union City to expend local funds first and then prepare the Request for Reimbursement package to Alameda CTC for their review and approval. Preparation City Council/RSA Agenda 49 Tuesday, March 11, 2025
and submittal of the Project Progress Report, Amendment Request Forms, and Request for Reimbursement Form packages are time consuming and require special knowledge about reporting requirements. It is not unusual for Alameda CTC to require multiple iterations of submittals before a reimbursement package is approved for payment.

MTC, BART, the state, and federal government all have specific reporting requirements, though not as complex as Alameda CTC’s.

Gray-Bowen-Scott has been instrumental in the preparation and coordination of funding reports for both the direct local distribution funds and capital projects. They have effectively assisted the City with submitting grant allocation requests, as well as with the timely reporting for the grants. Within the past 14 months, Gray-Bowen-Scott has assisted the City in completing the close-out of the following Alameda CTC funded projects and receiving full reimbursement:

The fifth amendment in the requested amount of $475,000, if approved, will bring the total not-to-exceed contract amount to $1,379,000, and will allow Gray-Bowen-Scott to continue to assist the Public Works and Finance Departments with Project Progress (quarterly or semi-annual) Reports, Amendment Request Forms, Request for Reimbursement packages, Close-Out and documentation for two (2) active Alameda CTCfunded projects, which also requires Alameda CTC’s Local Business Contract Equity (LBCE) Program bi-annual reports, three (3) new MTCfunded projects that include RM3, Dumbarton Corridor Program funds and the BusAID Grant Program funds, and one (1) new BART-funded project that includes the Safe Routes to BART (SR2B) Program funds. It also includes continued railroad negotiation support with Union Pacific Railroad (UP) and California Public Utility Commission (CPUC) required for the Union City BARTAt-Grade Pedestrian Crossing Project, City Project No. 14-14, and the Quarry Lakes Parkway Project, City Project No. 18-04.

Staff continues to rely heavily on Gray-Bowen-Scott to provide expertise and coordination for much of the transportation grant reporting; as well as all active Alameda CTC-funded project reporting, reimbursement requests, LBCE program reports and, therefore, seeks to increase the contract amount by $475,000, bringing the total not-to-exceed contract amount to $1,379,000.

FISCAL IMPACT
The total cost for the Fifth Amendment to the Consulting Services Agreement with Gray-Bowen-Scott for preparation of the Project Progress Reports, Request for Reimbursement packages, Addendums and Project Closeout reports required for transportation grant funded projects is $475,000 and will be funded with $71,250 of SB 1 funds (Account Number 2515-35-30-310-3150-091804-54111), $344,000 of Measure BB Streets & Roads funds (Account Number 2545-35-30-310-3110-311001-54110) and $59,750 of Measure BB Bicycle & Pedestrian funds (Account 2546-35-30-310-3110-311001-54110) for total not-to-exceed contract amount of $1,379,000.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Fifth Amendment to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $475,000, for a total not-toexceed contract amount of $1,379,000, for progress reporting and reimbursement processing for transportation grant funded projects.

Prepared by:

MarilouAyupan, Public Works Director
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

City Council/RSA Agenda 50 Tuesday, March 11, 2025
Description Type
Attachment 1 - FifthAmendment Attachment
Attachment 2 - List of Grants Attachment
Draft Resolution Resolution
City Council/RSA Agenda 51 Tuesday, March 11, 2025
Fifth Amendment to the Consulting Services Agreement
between City of Union City and Gray-Bowen-Scott

FIFTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5428)
THIS FIFTH AMENDMENT (the “Fifth Amendment”) is effective as of this 11th day of March, 2025, by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and WILLIAM R. GRAY AND COMPANY, DBA GRAY-BOWEN-SCOTT, ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:

WHEREAS, on April 14, 2020, the Parties entered into a Consulting Services Agreement (C5428) (“Agreement”) wherein the Consultant will provide the City with consulting services related to reporting and programming of transportation funds, in the amount of $74,000; and WHEREAS, on July 27, 2021, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C5428b, to further clarify the scope of services and increase the compensation by $150,000; and
WHEREAS, on August 9, 2022, the Parties entered into a Second Amendment to the Agreement (“Second Amendment”), C5428c, to further expand the scope of services and increase the compensation by $240,000; and
WHEREAS, on April 11, 2023, the Parties entered into a Third Amendment to the Agreement (“Third Amendment”), C5428d, to further expand the scope of services and increase the compensation by $80,000; and
WHEREAS, on December 12, 2023, the Parties entered into a Fourth Amendment to the Agreement (“Fourth Amendment”), C5428e, to further extend the term, expand the scope of services, and increase the compensation by $360,000; and WHEREAS, the Parties desire to further amend the Agreement to extend the term, expand the scope of services to be provided by the Consultant, and increase the compensation by $475,000; and
WHEREAS, the City and Consultant desire to enter into this Fifth Amendment.

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

1. The “SCOPE OF SERVICES”, as set forth in EXHIBIT A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Fifth Amendment, attached hereto and incorporated herein by reference.

2. The “TERM OF SERVICES,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to December 31, 2026.

City Council/RSA Agenda 52 Tuesday, March 11, 2025
Fifth Amendment to the Consulting Services Agreement
between City of Union City and Gray-Bowen-Scott

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Four Hundred Seventy-Five Thousand Dollars ($475,000), as set forth in Exhibit B of this Fifth Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Million Three Hundred Seventy-Nine Thousand Dollars ($1,379,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Million Three Hundred Seventy-Nine Thousand Dollars ($1,379,000), 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 Fourth Amendment.

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

THE CITY OF UNION CITY WILLIAM R. GRAY & COMPANY,

DBA GRAY-BOWEN-SCOTT
By By
Joan Malloy Leo S. Scott
City Manager President
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 53 Tuesday, March 11, 2025
Fifth Amendment to the Consulting Services Agreement
between City of Union City and Gray-Bowen-Scott

EXHIBIT A

SCOPE OF SERVICES
Public Works and Finance Department- Agency Coordination and Preparation of Project Progress Reports, Amendment Requests, Request for Reimbursement and Close-Out process for Alameda CTC Funded Projects, and coordination with Alameda CTC, MTC, Caltrans and CTC.

Tasks to be completed include:
• Coordinate with City Project Managers and City Finance Dept • Grant Reporting requirements
o Progress reporting
▪ Quarterly
▪ Semi annually
o Reimbursement requests
▪ Quarterly or semi-annually
▪ Includes reviewing invoices to ensure they meet compliance for reimbursement requirements
▪ Assist with reporting for ACTC’s LBE/SLBE/VSLBE Goals • Assist with Coordination with Alameda CTC staff
o Review and submit information required to be included in ACTC planning and funding programs
o Review and advise on other Alameda CTC related funding documents and assistance with communications
o Alameda CTC Project Funding Agreements
▪ Review prior to execution
▪ Monitor milestones
• Project delivery
• Expiration date
▪ Create and review agreement amendment requests
• Assist with Coordination with MTC
o Review and submit information required to be included in MTC planning programs (i.e. RTP, TIP)
o Assistance with communications
o Assist with securing funding agreements
City Council/RSA Agenda 54 Tuesday, March 11, 2025
Fifth Amendment to the Consulting Services Agreement
between City of Union City and Gray-Bowen-Scott

o Assist with requesting reimbursments
• Assist with Coordination with CTC staff
o Assist with LATIP administration
o Assist with STIP projects
• Assist with Coordination with Caltrans staff
o Assist with LATIP administration
o Assist with Caltrans reimbursement requests
o Assist with federal aid and funding requiring CTC actions o Assist with update of DBE Goals and other FHWA requirements City Council/RSA Agenda 55 Tuesday, March 11, 2025
Fifth Amendment to the Consulting Services Agreement
between City of Union City and Gray-Bowen-Scott

EXHIBIT B

COST PROPOSAL
This scope will include support for multiple project categories, including:

A. ACTC Fund Admin. Support w/ Project Funding
Agreements (PFA) Projects $ 42,000
B. East West Connector PFA and Quarry Lakes
Parkway (QLP) PFA $ 286,000
C. Federal and State Assistance - Other Grant Funded Projects $ 72,000 D. Kirk Trost - Railroad Negotiations $ 75,000
E. GBS - Coordination and Other Railroad Projects $ 0.00 F. FTA Reporting $ 0.00
TOTAL- Contract Amendment #5 $ 475,000
City Council/RSA Agenda 56 Tuesday, March 11, 2025
Fifth Amendment to the Consulting Services Agreement
between City of Union City and Gray-Bowen-Scott

FEE SCHEDULE Effective January 1, 2025
Staff Billing Rate
Billing Rate Range
Low High
Industry Advisor $425.00 $550.00
Gary Huisingh $425.00
Brad McCrae $455.00
Norma Ortega $483.00
Leo Scott $495.00
Principal Project/Program Manager $370.00 $500.00
Terry Bowen $473.00
Carl Haack $445.00
Matt Todd $410.00
Senior Project/Program Manager $280.00 $380.00
Roni Hattrup $340.00
Erin Heltne $300.00
Obaid Khan $367.00
Sheena Patel $340.00
Keith Robinson $367.00
Brian Stewart $360.00
Project/Program Manager $240.00 $310.00
Karen Boggs $227.00
Kevin Byrd $280.00
Chris Doerksen $280.00
Aron Zerezghi $280.00
Associate Project/Program Manager $175.00 $250.00
Grace Doi $200.00
Margaret Strubel $193.00
Project Specialist $230.00 $315.00
Project Analyst $140.00 $200.00
Debby Chernila $164.00
Tiffany Gephart $149.00
Debi Lawrence $164.00
Ericka Leiva $164.00
Janet McCue $149.00
Naomi Salvador $180.00
Anita Smith $180.00
Project Administrator $115.00 $160.00
Administrative Assistant $80.00 $135.00
Intern $55.00 $85.00
Rates subject to change on January 1, 2026. Expenses (mileage, parking, tolls, printing, travel, conference calls, postage, express mail, delivery, authorized entertainment, etc.) will be billed at cost. Mileage will be billed at the standard IRS rate. Gray·Bowen·Scottreserves the right, in its discretion, to sub-contract portions of its projects to other qualified professionals. All costs and fees for any sub-contracted services will be billed at cost plus 10%.

City Council/RSA Agenda 57 Tuesday, March 11, 2025
Union City: List of Alameda CTC, MTC,
Other Transportation Funding Grants
Prepared March 3, 2025

PROJECT
Fund Source
Grants Amount Reimbursements
Secured To Date
Total Project Cost
Union City Blvd Bike Lanes, City Project No. 17-29 $ 21,222,750 AlaCTC PFA A17-0125 AM#2 2014 MBB (CON) $ 6,564,000
AlaCTC PFA A17-0125 AM#2 2014 MBB (CON) $ 1,751,000
AlaCTC PFA A17-0125 AM#2 CMA TIP (Design?) $ 1,100,000
AlaCTC PFA A17-0125 AM#2 TFCA (CON) $ 185,000
$ 9,600,000
BART At-Grade Ped Crossing, City Project No. 14-14* $ 7,100,000 NEW Safe Routes to BART Funds (CON) $ 3,000,000 $ -
NEW MTC RM3 DB Project No. 17.2 (CON) $ 3,000,000 $ -
$ 6,000,000
ANR Part Time Transit Lanes Pilot Project, City Project No. 24-21 $ 1,700,000 NEW MTC BusAID Grant (All Phases) $ 1,507,688 $ -
$ 1,507,688
Quarry Lakes Parkway, City Project No. 18-04* $ 214,000,000 AlaCTC PFA No. 22-0053 (Final Design) $ 4,200,000
AlaCTC PFA No. 22-0053 AM#2 (Final Design) for
QLP Ph 1 65% PS&E
$ 801,191
Upcoming AlaCTC PFA No. 22-0053 AM#3 (Final
Design) for QLP Ph 2 100% PS&E
$ 3,995,000
NEW MTC RM3 DB Project No. 17.4 (Mitigation
Design & Permits ) for CON
$ 3,507,000
$ 12,503,191
Smith Street At-Grade Crossing (Coast Sub)* $ 1,200,000 NEW Federal Grant $ 1,000,000 $ -
$ 1,000,000
TOTALS $ 30,610,879 $ 6,300,000 $ 245,222,750
*Railroad Negotiations Support
$ 2,500,000
$ 3,800,000
GBS work tasks include:
• Compiling and submitting biennial or quarterly progress reports • Compiling and submitting biennial TFCA reports
• Compiling and submitting biennial local business enterprise reporting • Compiling and submitting reimbursements
• Compiling and submitting contract amendment requests
• Reviewing of design team consultant invoices
• Submitting regional planning and general Measure B program reporting and update requirements GBS also tracks milestones/requirements to maintain grant compliance such as:
• Outreach/annual article requirements
• Collecting documentation requirements
• Resolutions for agreements, contracts, project completion • Resolutions required of partner agencies (i.e., BART) • Proposal documentation
• Project PSE status
• Project closeout documentation
• Tracking Agreement start and expiration milestones
City Council/RSA Agenda 58 Tuesday, March 11, 2025

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIFTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH WILLIAM R.

GRAY AND COMPANY, INC., DBA GRAY-BOWEN-SCOTT,
IN THE AMOUNT OF $475,000, FOR A TOTAL NOT-TOEXCEED CONTRACT AMOUNT OF $1,379,000, FOR THE

PROGRESS REPORTING AND REIMBURSMENT

PROCESS FOR TRANSPORTATION GRANT FUNDED

PROJECTS
WHEREAS, the mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation projects and programs that expand access and improve mobility to foster a vibrant and livable Alameda County.

Alameda CTC coordinates transportation efforts; programs local, regional, state, and federal funding; and delivers projects and programs including those approved by voters in 2014 for projects and programs identified in the Alameda County’s Transportation Expenditure Plan (TEP) funded with Measure BB funds, Vehicle Registration Fees (VRF) funds and the remaining 1986 and 2000 Measure B funds; and WHEREAS, the Metropolitan Transportation Commission (MTC), a regional planning agency, has been designated as the federal Metropolitan Planning Organization (MPO) and the state Regional Transportation Agency (“RTPA”) for the San Francisco Bay Area; and receives available regional, state and federal funds as an MPO and RTPA and provides these funds to local agencies for planning and programming transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”); and
WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred to as Regional Measure 3 (RM 3), identified projects eligible to receive funding under the Regional Measure 3 Expenditure Plan. Voters in 2018 approved the Regional Measure 3 Expenditure Plan (RM 3) to finance $4.45 billion for highways and transit improvements through an increase of tolls of $1.00 on the region’s seven (7) state-owned toll bridges, including the San Francisco-Oakland Bay Bridge, the San Mateo-Hayward Bridge, the Dumbarton Bridge, the Richmond-San Rafael Bridge, the Benicia-Martinez Bridge, the Carquinez Bridge and the Antioch Bridge; and
WHEREAS, MTC is responsible for funding projects eligible for RM 3 funds, pursuant to Streets and Highways Code Section 30914.7(a) and (c) and the Dumbarton Corridor Improvements Program. The Union City BART At-Grade Pedestrian Crossing Project, City Project No. 14-14, and the Quarry Lakes Parkway Project, City Project No. 18-04, are eligible for consideration in the RM 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a) and (c); and City Council/RSA Agenda 59 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Approve Fifth Amendment to CSA with GBS

WHEREAS, in November 2016 voters passed Measure RR, which authorized BART to issue bonds for $3.5 billion to rebuild the aging BART system and the overall goal of the rebuilding program is to make the system safer, more reliable and to reduce traffic congestion; and the Safe Routes to BART (“SR2B”) is a grant program sponsored by BART using voter approved Measure RR capital funds and this program is designed to help local agencies improve access for BART customers traveling to BART stations by walking and biking; and
WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 5121-17, which authorized the City Manager to execute a Project Funding Agreement (PFA) A17-0125 with Alameda CTC, in the amount of $7,800,000, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, and appropriated $1,000,000 for the required local match; and
WHEREAS, on August 14, 2018, the City Council adopted Resolution No. 5374- 18, which authorized the City Manager to execute a Project Funding Agreement (PFA) A18-0046 with Alameda CTC, in the amount of $2,500,000, for the East West Connector Project, City Project No. 18-04, and Union City became the project sponsor for Quarry Lakes Parkway (formerly East West Connector) responsible for the Final Design and reevaluation of the Traffic Study of the estimated $320 million transportation corridor project; and
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 5841- 21, which accepted a $4,200,000 Grant from Alameda County Transportation Commission (Alameda CTC), Project Funding Agreement No. A22-0053, for Final Design of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (formerly East West Connector) Project, City Project No. 18-04, with the project cost estimate for Quarry Lakes Parkway, Phase 1 (7th Street Connection) at $16.7 million and for Quarry Lakes Parkway, Phase 2 at $20.3 million; and
WHEREAS, Alameda CTC-funded projects require quarterly, semi-annual, or annual Project Progress Reports, which include detailed project status, reporting actions, anticipated reporting actions, procurement status, amendments, performance measures, expenditures/reimbursements, annual publicity requirements and cash flow reporting of Alameda CTC funds and preparation of Amendment Request documentation for any changes to project scope, schedule, and project costs; and WHEREAS, Alameda CTC-funded projects require the preparation of quarterly, semi-annual, or annual Request for Reimbursement packages to Alameda CTC for their review and approval before Union City is reimbursed; and WHEREAS, on April 14, 2020, the City of Union City entered into a Consulting Services Agreement, C5428, with William R. Gray and Company, Inc. DBA Gray-BowenScott (GBS), in the amount of $74,000, to assist the Public Works and Finance Departments with the preparation and timely submittal of the Project Progress Reports, Amendment Requests and Request for Reimbursement packages for Alameda CTCfunded projects; and City Council/RSA Agenda 60 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Approve Fifth Amendment to CSA with GBS

WHEREAS, on July 27, 2021, the City Council adopted Resolution No. 5809-21, approving the First Amendment to the Consulting Services Agreement with GBS (C5428b), in the amount of $150,000, for a total not-to-exceed contract amount of $224,000, to allow for the continued support and assistance to the Public Works and Finance Departments for the four (4) active Alameda CTC-funded projects; and WHEREAS, on August 9, 2022, the City Council adopted Resolution No. 5991-22, approving the Second Amendment to the Consulting Services Agreement with GBS (C5428c), in the amount of $240,000, for a total not-to-exceed contract amount of $464,000, to continue to assist the Public Works and Finance Departments with Project Progress Reports, Amendment Request Forms, Request for Reimbursement packages and Close-Out documentation for seven (7) active Alameda CTC-funded projects and the bi-annual reporting for Alameda CTC’s Local Business Contract Equity (LBCE) Program; and
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 6100-23, approving the Third Amendment to the Consulting Services Agreement with GBS (C5428d), in the amount of $80,000, for a total not-to-exceed contract amount of $544,000, for progress reporting for transportation projects including consulting services to advise and assist the City concerning negotiations with Union Pacific Railroad for required railroad agreements related to planning, design, construction and maintenance of transportation projects on the Oakland, Niles and Coast Subdivision railroad tracks in Union City and provide a better understanding and guidance on design policies, requirements and approvals; and
WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 6152-23, approving Amendment No. 4 to Project Funding Agreement A17-0125 and accepting $1,800,000 from the 2024 Comprehensive Investment Program (CIP) from Alameda County Transportation Commission for the Union City Boulevard Bike Lanes (Phase II), City Project No. 17-29; and
WHEREAS, on December 12, 2023, the City Council adopted Resolution No. 6235-23, approving the Fourth Amendment to the Consulting Services Agreement with GBS (C5428e), in the amount of $360,000, for a total not-to-exceed contract amount of $904,000; and
WHEREAS, on May 14, 2024, the City Council adopted Resolution No. 6298-24, accepting a grant in the amount of $3,000,000 from the Safe Routes to BART (SR2B) Program for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and WHEREAS, on July 9, 2024, the City Council adopted Resolution No. 6328-24, accepting $1,507,688 from the Metropolitan Transportation Commission’s (MTC) BusAID Grant Program for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21; and
City Council/RSA Agenda 61 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Approve Fifth Amendment to CSA with GBS

WHEREAS, on January 14, 2025, the City Council adopted Resolution No. 2025- 006, approving Amendment No. 2 to the Alameda County Transportation Commission (Alameda CTC) Project Funding Agreement (PFA) No. A22-0053, to accept an additional $801,191, for a total PFA of $5,001,191, for the Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18- 04; and
WHEREAS, at the same meeting, the City Council adopted Resolution No. 2025- 007, authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) from the Regional Measure 3 Dumbarton Corridor Improvements Program, in the amount of $3,507,000, and accepting Alameda County Transportation Commission’s designation of the City of Union City as Implementing Agency for the Quarry Lakes Parkway Project, City Project No. 18-04; and WHEREAS, on February 11, 2025, the City Council adopted Resolution No. 2025- 020, accepting a grant in the amount of $3,000,000, in 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; and WHEREAS, the Fifth Amendment, in the requested amount of $475,000, if approved, will bring the total not-to-exceed contract amount to $1,379,000, and will allow the firm of William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, to continue to assist the Public Works and Finance Departments with Project Progress (quarterly or semi-annual) Reports, Amendment Request Forms, Request for Reimbursement packages, Close-Out and documentation for two (2) active Alameda CTC-funded projects, which also requires Alameda CTC’s Local Business Contract Equity (LBCE) Program bi-annual reports three (3) new MTC-funded projects that include RM3, Dumbarton Corridor Program funds and the BusAID Grant Program funds and one (1) new BART-funded project that includes the Safe Routes to BART (SR2B) Program funds; and
WHEREAS, the Fifth Amendment also includes continued railroad negotiation support with Union Pacific Railroad (UP) and California Public Utility Commission (CPUC) required for the Union City BART At-Grade Pedestrian Crossing Project, City Project No. 14-14, and the Quarry Lakes Parkway Project, City Project No. 18-04; and WHEREAS, the SB 1 Fund (Fund 2515) will provide $71,250, the Measure BB Streets & Roads Fund (Fund 2515) will provide $344,000, and the Measure BB Bicycle & Pedestrian Fund (Fund 2546) will provide $59,750, totaling $475,000, to fund this Fifth Amendment for Project Progress Reports, Amendment Request Forms, Request for Reimbursement packages and Close-Out documentation for Alameda CTC-funded projects and other grant-funded projects, and there are sufficient funds available in the approved Biennial Budget for Fiscal Year 2024-2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Fifth Amendment to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA GrayBowen-Scott, of Walnut Creek, CA.

City Council/RSA Agenda 62 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Approve Fifth Amendment to CSA with GBS

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves funding this Fifth Amendment to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, from the SB 1 Fund (Fund 2515), the Measure BB Streets & Roads Fund (Fund 2545) and the Measure BB Bicycle and Pedestrian Fund (Fund 2546), for continued support and assistance to the Public Works and Finance Departments with Project Progress Reports, Amendment Request Forms, Request for Reimbursement packages and Close-Out documentation for transportation grant funded projects.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of March 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 63 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF ONE MAIN DISTRIBUTION SWITCHBOARD FROM GREENS DISTRIBUTION, DBA GREENS ELECTRIC, IN THE AMOUNT OF $248,028, AND APPROVING A TOTAL PROCUREMENT COST IN AN AMOUNT UP TO $272,830, AS PART OF THE TRANSIT CORP YARD BUS CHARGING STATIONS (EVCI) PROJECT, CITY PROJECT NO. 20-04, WHICH IS INCLUDED IN THE

CORPORATION YARD MASTER PLAN

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the purchase of one main distribution switchboard from Greens Distribution, dba Greens Electric, in the amount of $248,028, and approving a total procurement cost in an amount up to $272,830, as part of the Transit Corp Yard Bus Charging Station (EVCI) Project, City Project No. 20-04, which is included in the Corporation Yard Master Plan.

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

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s Capital Improvement Plan.

Goal D, Strategy 9: Environmental Sustainability and Infrastructure – Transition the Union City fleet to zero emissions.

BACKGROUND
On December 14, 2018, the California Air Resources Board (CARB) implemented the Innovative Clean Transit (ICT) regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies. In accordance with this regulation, Union City Transit is required to have twenty-five percent (25%) of its fixed-route bus procurements to be zero-emission by 2026.

On February 25, 2020, the City Council adopted Resolution No. 5568-20 to support the effort in securing additional funding opportunities by making the commitment to convert the Union City Transit fixed-route fleet to zero-emission vehicles.

Following this commitment, the City of Union City and Union City Transit have been coordinating with the Metropolitan Transportation Commission (MTC), CARB, the Alameda County Transportation Commission (Alameda CTC), and the Federal Transit Administration (FTA) on the funding opportunities to convert the City’s Compressed Natural Gas (CNG) fixed-route buses to battery electric buses (BEB). Union City Transit staff were able to secure both an FTA Section 5307 formula funding grant and an FTA Section 5339(c) Low or No Emission Vehicle (Low-No) discretionary grant for fixed-route BEB.

On March 22, 2022, the City Council adopted Resolution No. 5906-22, accepting the Low-Carbon Transit Operations Project (LCTOP), Electric Vehicle Charging Infrastructure for Union City Transit Fleet, in the amount of $215,572.

On January 10, 2023, the City Council adopted Resolution No. 6067-23, authorizing the purchase of fourteen (14) fixed-route BEBs to replace the fourteen (14) CNG fixed-route buses that have reached the end of their twelve (12) year useful lives.

City Council/RSA Agenda 64 Tuesday, March 11, 2025
To support charging the new BEB fleet, the City needs to modify the Corporation Yard by constructing new dedicated transit electric chargers which include dispensers at each of the bus stalls and associated electric vehicle supply equipment (EVSE) to maintain a reliable connection between the Pacific Gas & Electric (PG&E) source and the BEBs.

On August 13, 2024, the City Council adopted Resolution No. 6353-24, approving the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4), to update the Corporation Yard Master Plan, Phase 1: Near-Term Improvements, to include the reconfiguration of the bus parking and the design of the BEB infrastructure.

On October 22, 2024, the City Council adopted Resolution No. 6378-24, authorizing the filing of an application with Alameda CTC for the Union City Transit BEB charging infrastructure.

The Union City Transit BEBs on order are scheduled to enter production in early October 2025 with all vehicles delivered by the end of December 2025.

DISCUSSION
Group 4 has been working with Union City Transit and Public Works staff on the design of the BEB charging infrastructure as part of the reconfiguration and improvements of the Corporation Yard. The City has also entered into agreement with PG&E as part of their Electrical Vehicle Fleet (EV Fleet) Program to design and construct the supply system, referred to as “To The Meter” (TTM) infrastructure, which includes the transformer, associated substructures, cables, and conduits necessary to deliver the necessary power to the meter. The City is responsible for designing and constructing the distribution system, referred to as “Behind The Meter” (BTM) infrastructure, which includes cables, conductors, transformers, switchboard, and associated substructures from the meter to the equipment used for charging BEBs.

The purchase of the switchboard needs to be initiated now due to its long lead time, which could significantly impact the project schedule if delayed.

Given current supply chain constraints and high demand for electrical components, lead times for switchboards can range from twenty-eight (28) to thirty-five (35) weeks. Any delay in procurement could result in a disruption of the installation of BEB charging infrastructure, potentially postponing the fleet electrification timeline.

By securing the switchboard now, the City ensures that it arrives on time and is ready for installation, allowing the project to stay on track and be prepared for when the BEBs arrive.

On December 20, 2024, the project plans and specifications were released and advertised for bids. At the close of the solicitation period on February 13, 2025, one (1) bid was received from Greens Distribution, dba Greens Electric (Exhibit A).

The only bid, in the amount of $248,028, is considered reasonable given the current market conditions for electrical equipment and ongoing supply chain issues. It is approximately 5.5% higher than the engineer’s estimate of $236,000.

The delivery of the switchboard will take approximately twenty-nine (29) weeks from order to delivery. It is expected that the switchboard will arrive in November/December 2025. The BEB charging infrastructure project is expected to begin construction in late summer 2025 and be completed by the end of 2025. With the new BEBs arriving in the last quarter of 2025, they are expected to enter service in late 2025 or early 2026, depending on when the new infrastructure gets commissioned for operation.

FISCAL IMPACT
The total procurement cost for the switchboard is $272,830, which includes the cost to purchase the switchboard, plus a 10% contingency for any potential manufacturer price increases.

The purchase of the switchboard, in an amount up to $272,830, will be primarily funded with $215,572 received from the State of California’s Low Carbon Transit Operations Program (LCTOP) in the Capital Projects Fund (Account No. 4100-35-30-330-3150-092004-57130), with the balance of $57,258 funded with available funds within the same Capital Projects Fund account number. Sufficient funds are available for this purchase, as identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2023-2024 through Fiscal Year 2027-2028.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the purchase of one main distribution switchboard from Greens Distribution, dba Greens Electric, in the amount of $248,028, and approving a total procurement cost in an amount up to $272,830, as part of the Transit Corp Yard Bus Charging Station (EVCI) Project, City Project No. 20-04, which is included in the Corporation Yard Master Plan.

City Council/RSA Agenda 65 Tuesday, March 11, 2025
Prepared by:

Tommy Cho, Principal Civil Engineer
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
ExhibitA - Bid Summary Exhibit
City Council/RSA Agenda 66 Tuesday, March 11, 2025

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING THE PURCHASE OF ONE

MAIN DISTRIBUTION SWITCHBOARD FROM GREENS

DISTRIBUTION, DBA GREENS ELECTRIC, IN THE
AMOUNT OF $248,028, AND APPROVING A TOTAL
PROCUREMENT COST IN AN AMOUNT UP TO $272,830,

AS PART OF THE TRANSIT CORP YARD BUS

CHARGING STATIONS (EVCI) PROJECT, CITY PROJECT
NO. 20-04, WHICH IS INCLUDED IN THE CORPORATION

YARD MASTER PLAN
WHEREAS, on December 14, 2018, the California Air Resources Board (CARB) implemented the Innovative Clean Transit (ICT) regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies, and Union City Transit is required to have twenty-five percent (25%) of its fixed-route bus procurements to be zeroemission by 2026; and WHEREAS, on February 25, 2020, the City Council adopted Resolution No. 5568- 20 to support the effort in securing additional funding opportunities by committing to convert the Union City Transit fixed-route fleet to zero-emission vehicles; and WHEREAS, the City of Union City and Union City Transit have been coordinating with the Metropolitan Transportation Commission (MTC), CARB, the Alameda County Transportation Commission (Alameda CTC), and the Federal Transit Administration (FTA) on the funding opportunities to convert the City’s Compressed Natural Gas (CNG) fixed-route buses to battery electric buses (BEB). Union City Transit staff were able to secure both an FTA Section 5307 formula funding grant and an FTA Section 5339(c) Low or No Emission Vehicle (Low-No) discretionary grant for fixed-route BEB; and WHEREAS, on March 22, 2022, the City Council adopted Resolution No. 5906- 22, accepting the Low-Carbon Transit Operations Project (LCTOP), Electric Vehicle Charging Infrastructure for Union City Transit Fleet, in the amount of $215,572; and WHEREAS, on January 10, 2023, the City Council adopted Resolution No. 6067- 23, authorizing the purchase of fourteen (14) fixed-route BEBs to replace the fourteen (14) CNG fixed-route buses that have reached the end of their twelve (12) year useful lives; and
WHEREAS, to support charging the new BEB fleet, the City needs to modify the Corporation Yard by constructing new dedicated transit electric chargers which include dispensers at each of the bus stalls and associated electric vehicle supply equipment (EVSE) to maintain a reliable connection between the Pacific Gas & Electric (PG&E) source and the BEBs; and
WHEREAS, on August 13, 2024, the City Council adopted Resolution No. 6353- 24, approving the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4), to update the Corporation Yard Master Plan, Phase 1: Near-Term Improvements, to include the reconfiguration of the bus parking and the design of the BEB infrastructure; and
City Council/RSA Agenda 67 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Authorize Purchase of Main Distribution Switchboard

WHEREAS, on October 22, 2024, the City Council adopted Resolution No. 6378- 24, authorizing the filing of an application with Alameda CTC for the Union City BEB charging infrastructure; and
WHEREAS, the Union City Transit BEBs on order are scheduled to enter production in early October 2025 with all vehicles delivered by the end of December 2025; and
WHEREAS, Group 4 has been working with Union City Transit and Public Works Staff on designing the BEB charging infrastructure as part of the reconfiguration and improvements of the Corporation Yard. The City has also entered into agreement with PG&E as part of their Electrical Vehicle Fleet (EV Fleet) Program to design and construct the supply system, referred to as “To The Meter” (TTM) infrastructure, which includes the transformer, associated substructures, cables, and conduits necessary to deliver the necessary power to the meter. The City is responsible for designing and constructing the distribution system, referred to as “Behind The Meter” (BTM) infrastructure, which includes cables, conductors, transformers, switchboard, and associated substructures from the meter to the equipment used for charging BEBs; and WHEREAS, the purchase of the switchboard needs to be initiated now due to its long lead time, which could significantly impact the project schedule if delayed. Given current supply chain constraints and high demand for electrical components, lead times for switchboards can range from twenty-eight (28) to thirty-five (35) weeks. Any delay in procurement could result in a disruption of the installation of BEB charging infrastructure, potentially postponing the fleet electrification; and
WHEREAS, by securing the switchboard now, the City ensures that it arrives on time and is ready for installation, allowing the project to stay on track and be prepared for when the BEBs arrive; and
WHEREAS, on December 20, 2024, the project plans and specifications were released and advertised for bid. At the close of the solicitation period on February 13, 2025, one (1) bid was received from Greens Distribution, dba Greens Electric (Exhibit A); and
WHEREAS, the only bid, in the amount of $248,028, is considered reasonable given the current market conditions for electrical equipment and ongoing supply chain issues. It is approximately 5.5% higher than the engineer’s estimate of $236,000; and WHEREAS, the delivery of the switchboard will take approximately twenty-nine (29) weeks from order to delivery. It is expected that the switchboard will arrive in November/December 2025. The BEB charging infrastructure project is scheduled to begin construction in late summer 2025 and be completed by the end of 2025. With the new BEBs arriving in the last quarter of 2025, they are expected to enter service in late 2025 or early 2026, depending on when the new infrastructure gets commissioned for operation; and
WHEREAS, the total procurement cost for the switchboard is up to $272,830, City Council/RSA Agenda 68 Tuesday, March 11, 2025
Resolution No. 2025-XXX
Authorize Purchase of Main Distribution Switchboard

which includes the cost to purchase the switchboard, plus a 10% contingency for any potential manufacturer price increases; and
WHEREAS, the purchase of the switchboard, in an amount up to $272,830, will be primarily funded with $215,572 received from the State of California’s Low Carbon Transit Operations Program (LCTOP) in the Capital Projects Fund (Account No. 4100-35-30-330- 3150-092004-57130), with the balance of $57,258 funded with available funds within the same Capital Projects Fund account number. Sufficient funds are available for this purchase, as identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2023-2024 through Fiscal Year 2027-2028.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the purchase of one main distribution switchboard from Greens Distribution, dba Greens Electric, in the amount of $248,028, and approving a total procurement cost in an amount up to $272,830, as part of the Transit Corp Yard Bus Charging Station (EVCI) Project, City Project No. 20-04, which is included in the Corporation Yard Master Plan.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of March 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 – Bid Summary
City Council/RSA Agenda 69 Tuesday, March 11, 2025

CITY OF UNION CITY

BID SUMMARY
PROJECT: Procurement of Main Distribution Switchboard, City Project 23-26 Project Manager: Tommy Cho, Principal Civil Engineer
[email protected]
DATE: February 13, 2025
TIME: 2:00 p.m.

LOCATION: City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587
No BIDDERS BID AMOUNT
*CORRECTED

BID AMOUNT

1. GREENS DISTRIBUTION $248,027.95

2. 3.

I, Johanna Ota, Administrative Specialist, City Clerk’s Office of the City of Union City, do hereby certify that on February 13, 2025, I received and opened one (1) bid for the above-mentioned project.
* Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.

Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 70 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FURTHER READING AND ADOPT 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
On February 25, 2025, the City Council received a presentation, introduced an Ordinance amending certain provisions of the Union City Municipal Code to revise attendance standards for all boards, commissions, and committees and decrease the membership of the Park and Recreation Commission and Senior Citizens Commission (the “Commissions”) from seven to five.

Staff recommends that the City Council waive further reading and adopt 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
The proposed ordinance and resolution are consistent with Strategic Plan Goal B: Governance and Organization Effectiveness.

BACKGROUND
The proposed Ordinance clarifies notice requirements for excused absences by members of all boards, commissions, and committees, and lowers the regular membership of the Commissions from seven to five to address quorum issues, consistent with the recommendation of the Legislation and Policy Committee with the CityAttorney’s Office.

On February 25, 2025, the City Council unanimously introduced the Ordinance, subject to a desk item that addressed Section 2.20.040, to provide that a commission or alternative who is unable to attend a meeting for any of the approved reasons, shall notify the Recording Secretary “no later than 24 hours” of the meeting in lieu of “within 24 hours” of the meeting for the reasons specified in subsections F.1 and F.2, and shall notify the Recording Secretary “no later than 72 hours” of the meeting in lieu of “within 72 hours” of the meeting for the reasons specified in subsections F.3, F.4, and F.5.

DISCUSSION
As noted above, the Commissions both currently consist of seven members. 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 unable to meet the quorum. If approved, the Ordinance lowers the membership of the Commissions from seven to five, thus allowing meetings to proceed with a quorum of three. Additionally, the City Council/RSA Agenda 71 Tuesday, March 11, 2025
proposed Ordinance will require notice by the advisory body member to the recording secretary no less than 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 no less than 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.

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

RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt 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
ProposedOrdinance Ordinance
City Council/RSA Agenda 72 Tuesday, March 11, 2025
ORDINANCE NO. 2025-XXX

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 REDUCE COMMISSION MEMBERSHIP FROM

SEVEN TO FIVE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City Council created the Park and Recreation Commission pursuant to Chapter 2.21 of the Union City Municipal Code (the "Code"); and WHEREAS, section 2.21.020 (“Creation—Membership”) of the Code currently provides the Park and Recreation Commission shall be comprised of seven members plus two alternates; and
WHEREAS, section 2.21.030 (“Term of office—Filling vacancies—Chairperson”) of the Code currently provides the term of office for the seven members of the Park Commission; and
WHEREAS, the City Council created the Senior Citizens Commission pursuant to Chapter 2.25 of the Code; and
WHEREAS, section 2.25.020 (“Creation—Membership”) of the Code currently provides the Senior Citizens Commission shall be comprised of seven members plus two alternates; and
WHEREAS, section 2.25.030 (“Term of office—Filling vacancies—Chairperson”) of the Code currently provides the term of office for the seven members of the Senior Citizens Commission; and
WHEREAS, the City has had difficulty maintaining a seven-member commission of the Park and Recreation and Senior Citizens Commissions; and WHEREAS, reducing the membership of the Park and Recreation and Senior Citizens Commissions, without reduction of alternates, will allow the Commissions to meet membership obligations and continue to fulfill its purpose and duties; and WHEREAS, the City Council desires to amend the Code to reflect the reduction of membership to serve on the Commissions; and
WHEREAS, the City Council desires to provide certainty regarding meeting attendance and advisory body member standards.

City Council/RSA Agenda 73 Tuesday, March 11, 2025
Ordinance No. 2025-XXX
Commission Attendance & Membership Reduction Ordinance

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

SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and incorporated herein by reference.

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

SECTION 3. Municipal Code Amendments. Chapter 2.21 “Park and Recreation Commission” Section 2.21.020 (“Creation—Membership”) and Section 2.21.030 (“Term of office—Filling vacancies—Chairperson”) of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
§ 2.21.020. Creation—Membership.

There is created in the City a City Park and Recreation Commission to consist of seven five members plus two alternates which shall be designated as the Park and Recreation Commission of the City. § 2.21.030. Term of office—Filling vacancies—Chairperson.

The term of office of the members of the Park and Recreation Commission shall be four years. The term of office for the seven five current members shall expire consistent with the terms of office at the time of appointment. In the event of a vacancy or term expiration of a Commissioner or alternate, the Mayor, with the approval of the City Council, shall appoint successors to fill any vacancies for a term of four years or the unexpired portion thereof.

Each Park and Recreation Commissioner or alternate so appointed shall serve until his/her successor is duly appointed and qualified. Annually, during the month of August, or as soon thereafter as the Park and Recreation Commission holds a regular meeting, the Park and Recreation Commission shall elect from among its members a Chairperson and a ViceChairperson to serve for one year.

Chapter 2.25 “Senior Citizens Commission” Section 2.25.020 (“Creation— Membership”) and Section 2.25.030 (“Term of office—Filling vacancies— Chairperson”) of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
§ 2.25.020. Creation—Membership.

There is created in the City a Senior Citizens Commission to consist of seven five members plus two alternates which shall be designated as the Senior Citizens Commission of the City. All Senior Citizen Commissioners City Council/RSA Agenda 74 Tuesday, March 11, 2025
Ordinance No. 2025-XXX
Commission Attendance & Membership Reduction Ordinance

and alternates must be dues paying members of the Ralph & Mary Ruggieri Senior Center.
§ 2.25.030. Term of office—Filling vacancies—Chairperson.

The term of office of the members of the Senior Citizens Commission shall be four years. The term of office for the seven five current members shall expire consistent with the terms of office at the time of appointment. In the event of a vacancy or term expiration of a Commissioner or alternate, the Mayor, with the approval of the City Council, shall appoint successors to fill any vacancies for a term of four years or the unexpired portion thereof. Each Senior Citizens Commissioner so appointed shall serve until his/her successor is duly appointed and qualified. Annually, during the month of August, the Senior Commission shall elect from among its members a Chairperson and Vice-Chairperson to serve for one year
Section 2.20.040 (“Commissioner attendance standards”) subsections E of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):

Commissioners and alternates who are unable to attend a meeting for one of the reasons listed in subsection F shall be required to notify the Recording Secretary for the board, commission, committee, or organization no later than 24 hours of the meeting regarding their inability to attend for the reasons specified in subsections F.1 and F.2 below and no later than 72 hours of the meeting for the reasons specified in subsections F.3, F.4 and F.5 below and pursuant to the procedure adopted by the board, commission, committee, or organization and reflected in the by-laws, which shall be amended to provide for such procedure.

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

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

City Council/RSA Agenda 75 Tuesday, March 11, 2025
Ordinance No. 2025-XXX
Commission Attendance & Membership Reduction Ordinance

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 11th day of March 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 76 Tuesday, March 11, 2025
Agenda Item
DATE: 3/11/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE FOR ZONING TEXT AMENDMENT (AT-25-001) TO AMEND TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO RESCIND AND REPLACE CHAPTER 18.34, ACCESSORY DWELLING UNITS, AND AMEND CHAPTERS 18.08, DEFINITIONS; 18.31, SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS; 18.32, RESIDENTIAL DISTRICTS; AND 18.33, AFFORDABLE HOUSING; AND FIND THAT THE PROPOSED AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES § 15282(H), AS WELLAS PUBLIC RESOURCES CODE § 21080.17

EXECUTIVE SUMMARY
Staff recommends that the City Council hold a public hearing and introduce an Ordinance (Attachment 1) approving Zoning Text Amendment AT25-001. The proposed amendments, included in Exhibit A (Clean) and Exhibit B (Redlines) of Attachment 1, aim to comply with recent changes in state law and support Implementation Program HE-2.D of the City’s Housing Element. Given the extent of the revisions, and to assist with the City Council’s review, a table summarizing the proposed amendments is included inAttachment 2.

At its February 6, 2025 meeting, the Planning Commission recommended approval, with a vote of 3-1 and one abstention, of Zoning Text Amendment AT-25-001 to the City Council. Attached to this report is the following: Planning Commission Staff Report (Attachment 3), Draft Planning Commission Meeting Minutes (Attachment 4), Draft Planning Commission Resolution (Attachment 5), and Planning Commission Meeting Desk Item (Attachment 6).

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

Goal C, Strategy 5. Promote housing development for all income levels in the community by implementing the Housing Element, updating the zoning ordinance to include objective standards for new multifamily residential development to streamline the review of applications for housing developments, and other measures. (Council Priority)
Goal C, Strategy 15. Continue to review development permitting processes to streamline service and improve efficiency and develop a communication plan to disseminate modifications to staff and customers.

BACKGROUND
The California Legislature has found and declared that allowing Accessory Dwelling Units (ADUs) in zones that allow single-family and multifamily uses provides additional rental housing opportunities and is an essential component in addressing California’s housing needs. The California Department of Housing and Community Development (HCD) also highlights that ADUs and Junior Accessory Dwelling Units (JADUs) are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. As such, state ADU law has been revised annually over the last eight years to improve its effectiveness at creating more ADUs and JADUs.

The City’s Housing Element includes a goal to assist in the production of affordable housing to meet the needs of lower-income residents and City Council/RSA Agenda 77 Tuesday, March 11, 2025
includes an implementation program to promote the development of ADUs. For consistency with the Housing Element, as well as to align with the State’s objectives, staff proposes to rescind and replace Chapter 18.34, Accessory Dwelling Units, and make minor amendments to the following chapters for consistency with the updates to Chapter 18.34:

1. 18.08, Definitions;

2. 18.31, SB 9 Subdivisions and Development Projects;

3. 18.32, Residential Districts; and

4. 18.33, Affordable Housing.

DISCUSSION
In every legislative session over the last eight years, the State Legislature has enacted numerous bills intended to facilitate the development of ADUs. The proposed amendments are in response to the legislative updates that went into effect in recent years. Given the extent of the revisions, and to assist with the City Council’s review, a table summarizing the proposed amendments is included inAttachment 2.

CurrentADU Ordinance
The City’s current ADU Ordinance, codified in Chapter 18.34 of the Union City Municipal Code (UCMC), was adopted in 2021 and is out of compliance with recent changes in state law. While staff is currently administering ADU projects in accordance with state law, the City’s zoning ordinance has not been formally updated to reflect recent these recent legislative changes, creating inconsistencies between local regulations and state-mandated requirements. Key provisions within the City’s current ADU ordinance that need to be updated for compliance include height limitations, maximum number of ADUs allowed, minimum setbacks, and design standards.

Amending the current ADU Ordinance is essential not only to achieve compliance with state law, but also to foster housing diversity and equity in a manner that is consistent with statewide priorities.

ProposedAmendments
The comprehensive update includes rescinding and replacing UCMC Chapter 18.34, Accessory Dwelling Units, and making minor updates to related chapters to ensure internal consistency.

Key provisions of the proposed amendments support Housing Element Implementation Program HE-2.D by simplifying ADU regulations, particularly in areas such as size, setbacks, and design standards. The proposed amendments address potential barriers to ADU development, promote streamlined approval processes, incorporate best practices, and align the City’s regulations with the flexible guidelines permitted under state law. This approach ensures regulations do not hinder ADU development but instead encourage their construction as a key strategy for addressing the City’s housing needs and increasing affordable housing supply.

Furthermore, the proposed amendments are based on extensive research and analysis. Staff has thoroughly reviewed the HCD’s ADU Handbook (2025) and HCD’s ADU Ordinance Review letters from other jurisdictions, engaged in correspondence with HCD, and consulted closely with the CityAttorney’s Office to ensure the proposed amendments are legally sound and in full compliance with state law.

CEQACompliance
The proposed amendments are exempt from environmental review per the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding ADUs and JADUs in a single-family or multifamily residential zone to implement Government Code § 66310 et seq.

Department of Housing and Community Development (HCD) - Review Required Per Government Code § 66326, the City is required to submit a copy of its ADU Ordinance to HCD within 60 days after adoption. HCD may submit written findings to the City as to whether the adopted ordinance complies with state law. If the City’s ordinance is found to be out of compliance with state law, the City has 30 days to review and respond to HCD’s findings and consider HCD’s findings to amend its ordinance.

Should HCD require any updates to the adopted ordinance, staff will prepare the amendments and bring them back through the adoption process. If the City does not make changes and implements an ordinance that does not comply with state law, HCD may revoke the City’s housing element compliance determination. Consequences of housing element noncompliance include financial penalties, court receivership, and loss of permitting authority.

Planning Commission Hearing
The Planning Commission reviewed the proposed amendments at a public hearing on February 6, 2025. The Planning Commission discussed various aspects of the proposed amendments, focusing on regulatory considerations and potential impacts. The discussion touched on areas such as design and aesthetics, garage conversions, room allowances, rent reviews, utility connections, replacement parking, ADU incentives and production goals, safety requirements, property tax implications, height limits, unit allowances, and setbacks. A few Commission members voiced concerns regarding the limitations placed on the City's regulatory authority to enforce standards, particularly in areas like parking and design. For more details, please refer to the Planning Commission meeting minutes (Attachment 4).

The Planning Commission also considered a Desk Item (Attachment 6) involving questions and comments from Chairperson Lew. The Desk Item responded to Chairperson Lew’s questions and acknowledged a minor grammatical error in the proposed amendments, which is updated in the proposed Ordinance. The Planning Commission voted 3-1, with one abstention, recommending approval of the proposed amendments, as modified by the Desk Item, to the City Council.

Public Notice
Consistent with state law noticing requirements, a public hearing notice was published in The Argus newspaper for the Planning Commission and City Council public hearings. As of the publication date of this staff report, no public comment has been submitted regarding the proposed amendments.

City Council/RSA Agenda 78 Tuesday, March 11, 2025

FISCAL IMPACT
The adoption of the proposed zoning text amendments would have no fiscal impact on the General Fund.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council hold a public hearing and introduce an Ordinance approving Zoning Text Amendment AT-25-001 and find that the proposed amendments are exempt from CEQA, pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17.

Prepared by:

Mayank Patel, Senior Planner
Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Attachment 1 - ProposedOrdinance Ordinance
ExhibitA - ProposedAmendments (Clean Version) Exhibit
Exhibit B- ProposedAmendments (Redline) Exhibit
Attachment 2 - Summary of Changes Attachment
Attachment 3 - Planning Commission Meeting - Staff Report Attachment Attachment 4 - Planning Commission Meeting - Draft Minutes Attachment Attachment 5 - Planning Commission - Draft Resolution Attachment Attachment 6 - Planning Commission Meeting - Desk Item Attachment PowerPoint Presentation Attachment
City Council/RSA Agenda 79 Tuesday, March 11, 2025
Attachment 1

ORDINANCE NO. ______-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY FOR ZONING TEXT AMENDMENT (AT-25-001) TO AMEND TITLE 18, ZONING, OF THE

UNION CITY MUNICIPAL CODE (UCMC) TO SUPPORT IMPLEMENTATION PROGRAM HE-2.D OF THE CITY’S 2023-2031 HOUSING ELEMENT BY RESCINDING AND REPLACING UCMC CHAPTER 18.34, ACCESSORY DWELLING UNITS, TO COMPLY WITH GOVERNMENT CODE § 66310 ET SEQ.; AND AMENDING UCMC CHAPTERS 18.08, DEFINITIONS; 18.31, SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS; 18.32, RESIDENTIAL DISTRICTS; AND 18.33,

AFFORDABLE HOUSING, FOR CONSISTENCY WITH THE UPDATES TO CHAPTER

18.34. WHEREAS, the Legislature of the State of California (Legislature) has found and declared that accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are a valuable form of housing in California, providing housing for diverse populations at below-market rates, benefiting homeowners with added income and security, increasing rental housing stock, and addressing the state’s severe housing crisis by offering lower-cost housing options within existing neighborhoods, all of which are essential components of California’s housing supply and contribute to the state’s economic well-being, environmental sustainability, and the well-being of its citizens; and WHEREAS, the Legislature has enacted laws establishing standards for ADUs and JADUs and circumscribed local authority to regulate such units; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide the creation and regulation of ADUs and JADUs; and WHEREAS, on May 11, 2021, the City of Union City (City) adopted Ordinance No. 883-21 to amend Title 18, Zoning, of the Union City Municipal Code (UCMC) to add Chapter 18.34, Accessory Dwelling Units, and to make other miscellaneous changes (AT21-001) in compliance with updates to state laws related to ADUs and JADUs; and WHEREAS, since the adoption of Ordinance No. 883-21, the State Legislature has approved, and the Governor has signed into law, a number of bills that, among other City Council/RSA Agenda 80 Tuesday, March 11, 2025
Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City Council desires to amend the City’s Zoning Ordinance provisions pertaining to ADUs and JADUs to comply with new state law; and WHEREAS, the amendments would support Implementation Program HE-2.D of the City’s 2023-2031 Housing Element by rescinding and replacing UCMC Chapter 18.34, Accessory Dwelling Units, and update provisions related to the objective standards and other requirements that do not unreasonably restrict the production of ADUs and JADUs in compliance with new state law; and
WHEREAS, the amendments also comprise minor updates to UCMC Chapters

18.08, Definitions; 18.31, SB 9 Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing, for consistency with the proposed changes to Chapter 18.34, Accessory Dwelling Units; and

PLANNING COMMISSION REVIEW
WHEREAS, the UCMC authorizes the Planning Commission to review and make recommendations to the City Council on amendments to UCMC Title 18, Zoning; and WHEREAS, on January 17, 2025, notice of the Planning Commission public hearing was published in The Argus newspaper in compliance with Government Code § 65854; and
WHEREAS, on February 6, 2025, the Planning Commission held a duly noticed public hearing to consider the amendments, receive a Staff Report and Presentation dated March 25, 2025, take public testimony, deliberate on the item, and adopted Resolution No. 2-25, recommending approval of the amendments with a vote of 3-1 and one abstention. The Staff Report and Resolution are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, on February 28, 2025, notice of the City Council public hearing was published in The Argus newspaper in compliance with California Government Code § 65090; and
City Council/RSA Agenda 81 Tuesday, March 11, 2025
Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

WHEREAS, on March 11, 2025, the City Council held a duly noticed public hearing to consider the amendments, receive a Staff Report and Presentation dated March 11, 2025, and incorporated herein by reference, review the Planning Commission’s recommendation, and take public testimony, and deliberate on the item before taking action on the amendments; and
WHEREAS, the amendment to UCMC Title 18 is shown in Exhibit A, which is attached hereto and incorporated by reference; and
WHEREAS, a red-lined version of the amendment to UCMC Title 18 is shown in Exhibit B, which is attached hereto and incorporated by reference.

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

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

SECTION 2. CEQA
Approval of Zoning Text Amendment (AT-25-001) is exempt from environmental review per the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding ADUs and JADUs in a singlefamily or multifamily residential zone to implement Government Code § 66310 et seq.

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

1. The proposed amendments ensure that local regulations support, rather than restrict, ADU development, which helps to address the City’s housing needs and expand affordable housing options.

2. The proposed amendments are consistent with the General Plan, mainly the Housing Element. Specifically, the proposed amendments implement Housing Element Program HE-2.D by simplifying ADU regulations to enhance clarity and ease of development, particularly regarding size, setbacks, and design standards.

By addressing potential barriers, streamlining the approval process, and incorporating best practices, the proposed amendments align with state law and promote ADU development.

City Council/RSA Agenda 82 Tuesday, March 11, 2025
Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

3. The proposed amendments are necessary and desirable to achieve the purposes of Title 18 because the amendments will ensure the City is in compliance with the recent updates to state housing laws and objectives.

SECTION 4. Approval
The City Council hereby approves the amendments to the UCMC, as described above and as shown in Exhibit A, which is attached hereto and incorporated herein by reference.

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

SECTION 6. Publication and Effective Date
Within fifteen (15) days from and after adoption, this Ordinance shall be published once in The Argus, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with Government Code § 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 83 Tuesday, March 11, 2025
Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

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

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED:

SECONDED:

GARY SINGH
Mayor
ATTEST: APPROVED AS TO FORM:

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

1. Exhibit A: Zoning Text Amendments (AT-25-001) [Clean Version]

2. Exhibit B: Zoning Text Amendments (AT-25-001) [Redlined Version] City Council/RSA Agenda 84 Tuesday, March 11, 2025

EXHIBIT A
Zoning Text Amendments (AT-25-001) [Clean Version]
I. CHAPTER 18.08. DEFINITIONS
Union City Municipal Code (UCMC) Chapter 18.08, Definitions, is amended to rescind and replace the sections below as follows:
§ 18.08.205 Dwelling, accessory.
“Accessory dwelling” (ADU) means an “accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
§18.08.206 Dwelling, junior accessory
“Junior accessory dwelling” (JADU) means a “junior accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

II. CHAPTER 18.31. SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS Chapter 18.31, SB 9 Subdivisions and Development Projects, is amended to modify the section below:
§18.31.020 Definitions.

For purposes of this chapter, the following definitions apply:

City Council/RSA Agenda 85 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

“Dwelling unit” means a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.08.
“Primary dwelling unit” means the single-family residence on the property prior to the approval of an SB 9 unit or urban lot split.
“SB 9 housing development” means a project containing one or more SB 9 units and may include an urban lot split.
“SB 9 unit” means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter. “Urban lot split” means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.

III. CHAPTER 18.32. RESIDENTIAL DISTRICTS
Chapter 18.32, Residential Districts, is amended to modify the section below:
§ 18.32.060 Site area per dwelling unit.

A. In the single-family residential districts, including the R, RS, RS(s), and 511 districts, no more than one principal dwelling unit and one accessory dwelling unit shall be located on each site unless otherwise permitted under Chapters

18.31, 18.34, or state law.

IV. CHAPTER 18.33. AFFORDABLE HOUSING
Chapter 18.33, Affordable Housing, is amended to modify the section below:
§18.33.020 Definitions.

For purposes of this chapter, each of the following terms is defined as follows:
“Additions” are increases in habitable space to an existing building or structure. “Affordable housing program” means a method for providing the affordable housing units in the proposed project, a method for a payment in-lieu of providing affordable units, or a combination thereof, pursuant to Section 18.33.060(H). “Affordable unit” means an ownership or rental housing unit, including senior housing, affordable by households with very low, low or moderate incomes as defined in this chapter. The unit shall be deemed affordable if it meets the requirements of Health and City Council/RSA Agenda 86 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

Safety Code Section 50052.5(b) for owner occupied housing and Section 50053(b) for rental housing.
“Developer” means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City. “Habitable space” means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes.
“Housing costs” means the monthly mortgage principal and interest, property taxes, homeowners' insurance, utility allowance and condominium fees, where applicable, for ownership units; and the monthly rent and utility allowance for rental units. “HUD” means the United States Department of Housing and Urban Development or its successor.
“Large project” means a residential development with seven units or more. “Resale controls and/or rent restrictions” means legal restrictions, as set forth by the City of Union City, State and Federal law, by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, low or moderate income households, as applicable, permanently or for the longest period allowed by law. Such resale controls and/or rental restrictions shall generally be consistent with the requirements of Health and Safety Code Section 33334.3(f), as amended from time to time, and as may be more particularly set forth in this chapter. With respect to rental units, such rent restrictions shall generally be in the form of a regulatory agreement recorded against the applicable property. With respect to owner occupied units, such resale controls shall generally be in the form of resale restrictions, deeds of trust and/or other similar documents recorded against the applicable property. “Residential development” includes, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.
“Residential project” includes contiguous or non-contiguous parcels that have one or more applications filed within a 24 month period and which are under the same ownership.
“Small project” means a residential development with six units or less.

City Council/RSA Agenda 87 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

“Very low, low and moderate income levels” means those income and eligibility levels determined periodically by the United States Department of Housing and Urban Development based on the Oakland Standard Metropolitan Statistical Area (SMSA) median income levels by family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income and will be recertified as set forth by local standards, State and Federal housing law.

1. “Very low income” means 50% or under of the SMSA median, adjusted for actual household size.

2. “Low income” means 51% to 80% of the SMSA median, adjusted for actual household size.

3. “Moderate income” means 81% to 120% of the SMSA median, adjusted for actual household size.

V. CHAPTER 18.34. ACCESSORY DWELLING UNITS
UCMC Chapter 18.34, Accessory Dwelling Units, is rescinded and replaced to read as follows:
§ 18.34.010 Purpose.

The purpose of this section is to implement Government Code Sections 66310 – 66342 by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review. In the event of any conflict or discrepancy between the ADU and/or JADU standards in this Chapter and any other provisions of this Title, the standards contained in this Chapter shall take precedence. §18.34.020 General Requirements.

A. Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and converted from existing floor area, shall be subject to a building permit.

B. Permitting Procedure.

1. Ministerial Review. A permit application for an ADU and/or JADU shall be processed ministerially, without discretionary review or a hearing.

2. Review Period.
a. Developed Lot. If there is an existing single-family or multifamily dwelling on a lot, a permit application for an ADU and/or JADU shall either be denied or approved within 60 days of receipt of a complete application.

City Council/RSA Agenda 88 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

b. Undeveloped Lot. If a permit application to create or serve an ADU and/or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on a lot, the City may delay approving or denying the permit application for the ADU and/or JADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling; however, the application to create or serve the ADU and/or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

3. Deemed Approved. If a complete application is not approved or denied within 60 days of receipt of a complete application, the application shall be deemed approved.

4. Denied Applications. If an application for an ADU and/or JADU is denied within 60 days of receipt of a complete application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

5. Nonconforming Conditions. No application for a permit to create an ADU and/or JADU shall be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that:
a. Do not present a threat to public health and safety; and b. Are not affected by the construction of the ADU and/or JADU.

C. Separate Entrance. ADUs and/or JADUs shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling.

D. Separate Address. ADUs and/or JADUs shall provide a separate address from the primary dwelling.
§18.34.030 ADU Regulations.

A. General Plan and Zoning.

1. Residential Use. ADUs approved in compliance with this chapter shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

2. Permitted Locations. ADUs are permitted on lots with an existing or proposed single-family or multifamily dwelling in areas zoned to allow single-family or multifamily residential use.

3. Density. ADUs shall not count toward the maximum density permitted on the lot.

B. ADU Typology. ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar City Council/RSA Agenda 89 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

uses or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

C. Objective Standards.

1. Number of ADUs.
a. Single-Family ADUs.
i. In addition to a JADU, no more than two ADUs shall be permitted on the same lot that has an existing or proposed single-family dwelling as follows:
(A) One attached or detached, new construction ADU, or
(B) One detached, new construction ADU that does not
exceed 800 square feet and one ADU that is within
the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure and may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the
existing accessory structure shall be limited to
accommodating ingress and egress.
b. Multifamily ADUs.
i. Conversion ADUs. A minimum of one ADU and a maximum
of 25-percent of the total number of existing multifamily dwelling units shall be permitted to be converted from
existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the State building standards for dwellings.
ii. Detached ADUs.
(A) Existing Multifamily Dwelling. On a lot with an
existing multifamily dwelling, not more than eight
detached ADUs shall be permitted. The number of
ADUs shall not exceed the number of existing
multifamily units on the lot.
(B) Proposed Multifamily Dwelling. On a lot with a
proposed multifamily dwelling, not more than two
detached ADUS shall be permitted.

2. Size. The maximum allowable square footage for ADUs shall not exceed the area limitations specified below. For the purposes of this section, the City Council/RSA Agenda 90 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

calculation of ADU square footage shall not comprise garages, carports, covered porches/patios, breezeways, and/or other accessory structures. a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to any size limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
area shall not exceed 1,000 square feet.
ii. Detached ADUs. Detached ADUs created from new floor area shall not exceed 1,200 square feet.

3. Height.
a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to height limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
shall not exceed a height of 30 feet or the maximum height permitted in the underlying zoning district. In all cases, ADUs shall not exceed two stories.
ii. Detached ADUs. Detached ADUs created from new floor area, on a lot with an existing or proposed single family or multifamily dwelling unit, shall not exceed a height of 16 feet, or a height of 18 feet if either of the following conditions are met:
(A) Transit Proximity. The lot on which the ADU will be created is within one-half mile walking distance of a
major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code
Section 21155. An additional height of two feet, for a
maximum height of 20 feet, shall be allowed to
accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
(B) Multifamily, Multistory Structure. The lot on which the ADU will be created consists of an existing or
proposed multifamily, multistory dwelling.

4. Setbacks.
a. Existing Floor Area. ADUs located within an existing living area or an existing accessory structure, or ADUs that replace an existing structure and are in the same location and to the same dimensions as the structure being replaced, shall not be subject to setbacks. b. New Floor Area. ADUs created from new floor area are subject to the following setbacks:

City Council/RSA Agenda 91 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

i. Front Yard. Same as the underlying district, unless the ADU is no greater than 800 square feet in size, in which case, no front-yard setback applies.
ii. Side Yard. A minimum of four feet.
iii. Rear Yard. A minimum of four feet.

5. Parking. ADUs shall not be subject to the City’s minimum parking requirements. Additionally, replacement parking shall not be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. A demolition permit for a detached garage to be replaced with an ADU shall be reviewed and issued concurrently with the ADU permit application.

6. Historic Resources. An ADU that involves exterior modifications to structures listed in the California Register of Historical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

D. Building Code Requirements. ADUs must comply with the City’s building code requirements for detached dwellings. However, constructing an ADU does not constitute a Group R occupancy change under Section 310 of the California Building Code (Title 24), unless the Building Official issues a written finding, supported by substantial evidence, that the construction poses a specific, adverse impact on public health and safety. This provision shall not prevent the City from changing the occupancy code for space converted from uninhabitable or non-residential use to residential use.

E. Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

F. Impact Fees. ADUs that are 750 square feet or larger shall be subject to all applicable impact fees. Impact fees shall be charged proportionally in relation to the square footage of the primary dwelling unit. As ascribed in Government Code Section 66324, as the same may be amended from time to time, and reprinted here for reference, “impact fee” means:

A “fee” as defined in subdivision (b) of [Government Code] Section 66000, expect that it also includes fees specified in [Government Code] Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

G. Passageway. No passageway shall be required in conjunction with the construction of an ADU. As ascribed in Government Code Section 66313, as the City Council/RSA Agenda 92 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

same may be amended from time to time, and reprinted here for reference, “passageway” means:

A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

H. Separate Sale. Except as permitted by Government Code Section 66341, as the same may be amended from time to time, ADUs shall not be sold or conveyed separately from the primary dwelling.

I. Sewage. ADUs using a private sewage disposal system shall obtain approval by the local health officer.

J. Short-Term Rental Limitation. ADUs shall not be rented for a term of less than 30 days.

K. Utility Connection. ADUs constructed within the proposed space of a primary dwelling or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU pursuant to Government Code Section 66341. §18.34.040 JADU Regulations.

A. Permitted Locations. JADUs shall be permitted in single-family residential zones.

B. Number of JADUs. In addition to any ADUs, no more than one JADU shall be permitted per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot.

C. Size. JADUs shall be limited to a maximum size of 500 square feet in floor area.

D. Owner Occupancy. JADUs shall be subject to owner-occupancy either in the remaining portion of the single-family residence or the newly created JADU.

Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

E. Deed Restriction. A recordation of a deed restriction, which shall run with the land, shall be filed with the City. The deed restriction shall include:

1. A prohibition of the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers; and

2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 – 66339.

F. Interior Entry. In addition to a separate exterior entrance, JADUs that do not comprise a bathroom shall include an interior entry to the main living area of the single-family residence.

City Council/RSA Agenda 93 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

G. Efficiency Kitchen. JADUs shall provide an efficiency kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

H. Parking. No parking spaces (additional or replacement) shall be required as a condition of permitting a JADU, even when the JADU is converted from an attached garage.

I. New or Separate Unit. JADUs shall not be considered a separate or new dwelling unit for the purposes of:

1. Any fire and life protection ordinance or regulation.

2. Providing service for water, sewer, or power, including a connection fee.

VI. STATUTORY REFERENCES FOR CALIFORNIA CITIES
Title SR, Statutory References for California Cities, is amended to modify the section below:
§SR.010 General Provisions.

Subject Reference
Accessory dwelling units Gov’t Code § 66310 et seq.

Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 Classifications of cities Gov’t Code §§ 34100 – 34102
Code adoption Gov’t Code §§ 50022.1 – 50022.10
Conflict of interest code Gov’t Code § 87100 et seq.

Elections Gov’t Code
§§ 34050 and 36503 and Elec.

Code §§ 1301, 9200 et seq.,
and 10100 et seq.

Expedited judicial review of First Amendment
cases
Civ. Proc. Code § 1094.8
False petitions Gov’t Code § 34093
City Council/RSA Agenda 94 Tuesday, March 11, 2025
Exhibit A
Zoning Text Amendments (AT-25-001) [Clean Version]

Subject Reference
General powers Gov’t Code § 37100 et seq. and Cal.

Const. Art. XI, § 7
Imprisonment Gov’t Code §§ 36901, 36903 – 36904
Initiative and referendum Cal. Const. Art. XI, § 7.5 and Elec.

Code §§ 9200 et seq., and 9235 et
seq.

Judicial review of city decisions Civ. Proc. Code § 1094.6 Ordinances Gov’t Code § 36900 et seq.

Penalties for ordinance violations Gov’t Code § 36900 et seq.

Police power Cal. Const. Art. XI, § 7
Procedure for enactment or revision of city
charters
Gov’t Code § 34450 et seq.

Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 City Council/RSA Agenda 95 Tuesday, March 11, 2025

EXHIBIT B
Zoning Text Amendments (AT-25-001) [Redlined Version]
I. CHAPTER 18.08. DEFINITIONS
Union City Municipal Code (UCMC) Chapter 18.08, Definitions, is amended to rescind and replace the sections below as follows:
§ 18.08.205 Dwelling, accessory.
“Accessory dwelling unit” means the additional dwelling unit(s) on a lot, that contains a proposed or existing permitted single-family or multifamily dwelling meeting the criteria in Chapter 18.34, which has kitchen, sleeping and full bathroom facilities, and a separate external access.
“Accessory dwelling” (ADU) means an “accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
§18.08.206 Dwelling, junior accessory
“Junior accessory dwelling units (JADUs)” are units, up to 500 square feet, that are created within the walls of a proposed or existing single-family residence and contain a basic kitchen utilizing small plug-in appliances, JADUs share a bathroom with the primary dwelling.
“Junior accessory dwelling” (JADU) means a “junior accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling City Council/RSA Agenda 96 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

II. CHAPTER 18.31. SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS Chapter 18.31, SB 9 Subdivisions and Development Projects, is amended to modify the section below:
§18.31.020 Definitions.

For purposes of this chapter, the following definitions apply:
“Accessory dwelling unit” or “ADU”, means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and is constructed pursuant to Chapter 18.34.
“Dwelling unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.3408. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing or proposed primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and which is constructed pursuant to Chapter 18.34. “Primary dwelling unit” means the single-family residence on the property prior to the approval of an SB 9 unit or urban lot split.
“SB 9 housing development” means a project containing one or more SB 9 units and may include an urban lot split.
“SB 9 unit” means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter. “Urban lot split” means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.

City Council/RSA Agenda 97 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

III. CHAPTER 18.32. RESIDENTIAL DISTRICTS
Chapter 18.32, Residential Districts, is amended to modify the section below:
§ 18.32.060 Site area per dwelling unit.

A. In the single-family residential districts, including the R, RS, RS(s), and 511 districts, no more than one principal dwelling unit and one accessory dwelling unit shall be located on each site unless otherwise permitted under Chapters

18.31, 18.34, or state law.

IV. CHAPTER 18.33. AFFORDABLE HOUSING
Chapter 18.33, Affordable Housing, is amended to modify the section below:
§18.33.020 Definitions.

For purposes of this chapter, each of the following terms is defined as follows:
“Accessory dwelling unit” means the additional dwelling unit(s) on a lot, that contains a proposed or existing permitted single-family or multifamily dwelling meeting the criteria in Chapter 18.34, which has kitchen, sleeping and full bathroom facilities, and a separate external access.
“Additions” are increases in habitable space to an existing building or structure. “Affordable housing program” means a method for providing the affordable housing units in the proposed project, a method for a payment in-lieu of providing affordable units, or a combination thereof, pursuant to Section 18.33.060(H). “Affordable unit” means an ownership or rental housing unit, including senior housing, affordable by households with very low, low or moderate incomes as defined in this chapter. The unit shall be deemed affordable if it meets the requirements of Health and Safety Code Section 50052.5(b) for owner occupied housing and Section 50053(b) for rental housing.
“Developer” means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City. “Dwelling unit” means a dwelling designed and intended for occupancy by one household.
“Habitable space” means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes.

City Council/RSA Agenda 98 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

“Housing costs” means the monthly mortgage principal and interest, property taxes, homeowners' insurance, utility allowance and condominium fees, where applicable, for ownership units; and the monthly rent and utility allowance for rental units. “HUD” means the United States Department of Housing and Urban Development or its successor.
“Large project” means a residential development with seven units or more. “Resale controls and/or rent restrictions” means legal restrictions, as set forth by the City of Union City, State and Federal law, by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, low or moderate income households, as applicable, permanently or for the longest period allowed by law. Such resale controls and/or rental restrictions shall generally be consistent with the requirements of Health and Safety Code Section 33334.3(f), as amended from time to time, and as may be more particularly set forth in this chapter. With respect to rental units, such rent restrictions shall generally be in the form of a regulatory agreement recorded against the applicable property. With respect to owner occupied units, such resale controls shall generally be in the form of resale restrictions, deeds of trust and/or other similar documents recorded against the applicable property. “Residential development” includes, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.
“Residential project” includes contiguous or non-contiguous parcels that have one or more applications filed within a 24 month period and which are under the same ownership.
“Small project” means a residential development with six units or less. “Very low, low and moderate income levels” means those income and eligibility levels determined periodically by the United States Department of Housing and Urban Development based on the Oakland Standard Metropolitan Statistical Area (SMSA) median income levels by family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income and will be recertified as set forth by local standards, State and Federal housing law.

City Council/RSA Agenda 99 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

1. “Very low income” means 50% or under of the SMSA median, adjusted for actual household size.

2. “Low income” means 51% to 80% of the SMSA median, adjusted for actual household size.

3. “Moderate income” means 81% to 120% of the SMSA median, adjusted for actual household size.

V. CHAPTER 18.34. ACCESSORY DWELLING UNITS
UCMC Chapter 18.34, Accessory Dwelling Units, is rescinded and replaced to read as follows:
§ 18.34.010 Purpose.

The purpose of this chapter is to implement Government Code Sections 65852.1, 65852.2, and 65852.22 et seq., by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review subject to meeting the criteria defined below.
§ 18.34.020. Applicability.

A. Accessory Dwelling Unit (ADU).

1. Within areas zoned to allow single-family that contain an existing or proposed single- family residence, or in areas where there is an existing legal non-conforming single- family.

2. Within areas zoned to allow multifamily or mixed-use developments, or in areas where there is an existing legal non-conforming multifamily development,
B. Junior Accessory Dwelling Unit (JADU).

1. Within areas zoned to allow single-family or multifamily residential uses that contain an existing or proposed single-family residence, or in areas where there is an existing legal non-conforming single-family residence.

C. In the event of a conflict between these standards and the underlying zoning district regulations, the provisions of this chapter shall apply. § 18.34.030. General requirements.

A. On lots with an existing, or proposed, single-family dwelling, one ADU shall be permitted subject to the following requirements:

1. Criteria. ADUs may be established through:
a. Conversion of existing floor space in a single-family residence; b. A single-story addition to an existing single-family residence; c. Conversion of an existing, permitted detached accessory structure; City Council/RSA Agenda 100 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

d. The construction of a new ADU as permitted in this section; e. Construction of a new primary residence with an ADU; f. The conversion of an existing garage; and
g. ADUs may be prohibited on lots with SB 9 Housing Developments, subject to the requirements of Chapter 18.31.

2. Location. ADUs shall meet the setback requirements for the primary residence in the zoning district in which they are located, except as follows:
a. No additional setback shall be required for an existing, legally constructed structure, that is converted to an ADU, or an ADU constructed in the same location and to the same dimensions as an existing structure.
b. A setback of at least four feet from the interior side and rear lot lines shall be required for a new ADU.
c. ADUs shall not occupy a required front yard if it is possible to build a unit that measures 800 square feet or less, elsewhere on the lot. d. Attached ADUs shall maintain a minimum five foot separation from detached structures on the lot.
e. Detached ADUs shall maintain a minimum five foot separation from other structures on the lot.
f. Additional setbacks may be required for attached or detached ADUs over 800 square feet in area when the unit is located on a corner lot or a through lot.
g. ADUs constructed as a second-story addition to an existing residential structure shall comply with all setbacks and design requirements established by the zoning district in which the ADU is located.

3. Size. ADUs shall be between 150 and 1,000 square feet in floor area. a. ADUs shall not exceed 850 square feet if they contain one bedroom or less and 1,000 square feet if they contain at least two bedrooms. b. ADUs over 800 square feet shall be subject to lot coverage, floorarea ratio, setbacks, and other applicable residential development standards for the primary residence.
c. Enclosed patios or other enclosed non-conditioned space (as defined by the California Building Code) directly accessible from or solely attached to an ADU shall be included in the square footage of the unit.

4. Height.
a. Attached ADUs shall be subject to the height limitations established by the zoning district in which the ADU is located.

City Council/RSA Agenda 101 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

b. Detached ADUs shall be limited to one story with a maximum height of 16 feet.

5. Facilities. ADUs shall, at minimum, include a full bathroom including shower and/or bathtub, a sleeping area, permanent cooking facilities, and a separate, exterior entrance.

6. Occupancy. ADUs may not be sold separately from the primary residence but may be rented separately. ADUs may not be used for short-term rentals (less than 30 days).

7. Parking. No additional parking shall be required through creation of an ADU. When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU, the parking spaces shall not be required to be replaced.

8. Lot Coverage. The total lot coverage for all buildings shall not exceed the allowable lot coverage for the zoning district except that such ratio shall not prohibit an 800 square foot ADU meeting the maximum height and minimum setback requirements.

9. Utilities. Adequate water and sewer service shall be available to support the ADU; all new utility connections shall be undergrounded.

10. Addressing. Street addresses shall be assigned to all ADUs to assist in emergency response prior to building permit issuance. An address shall be placed at the front of the lot, visible from the public right-of-way, and at the main entrance to the ADU if not visible from the public right-of-way.

11. Subdivision. No subdivision of lands nor air rights shall be allowed.

12. Design Standards.
a. Building façades and materials:
i. No façade shall run in a continuous plane of more than 15 feet without incorporating one or more of the following:
(A) A vertical wall shift of at least one foot in depth; (B) A change in material type;
(C) Window or building entrance; or
(D) A projection such as a stoop, bay or overhang.
(E) Exceptions. Exceptions may be granted by the
Director where the Director finds that adequate design
features have been incorporated to create visual
variety and avoid a bulky or monolithic appearance.
ii. A minimum of three exterior colors or a combination of materials and colors shall be used on the building façade. (A) Stucco must be used in combination with a secondary material.
iii. Second story façades shall incorporate the following:

City Council/RSA Agenda 102 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

(A) A minimum of a six foot inset from the front wall plane. (B) A minimum of an 18 inch inset from the side and rear wall plane.
(C) Exceptions. Exceptions may be granted by the
Director to accommodate a complete architectural
style or alternative detailing that complement the
architectural character of the existing structure.
b. Windows and Glazing.
i. All windows shall incorporate the following:
(A) Trim at least three inches in width must be provided around all windows, or window must be recessed at
least two inches from the plane of the surrounding
exterior wall.
(B) Exceptions may be granted by the Director to
accommodate alternative window designs
complementary to the architectural style of the
structure.
ii. Upper story windows located less than 10 feet from and facing rear or side yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:
(A) Attached ADUs with upper story windows located less than 10 feet from and facing the rear or side yard of
an adjacent property shall be located to maximize
privacy for adjacent properties by using at least one of the following techniques:
(1) Sill height located a minimum of 60 inches
above the finished floor;
(2) Location of the window is such that the
centerline of the glazing is offset greater than
15 lateral feet from the centerline of any
glazing on an existing adjacent structure; or
(3) Any window located partially or entirely below
60 inches from the finished floor consists of
frosted or obscured glazing.
c. Roof Form and Detailing.
i. New structures shall provide a roof pitch no less than two and one-half (2.5) inches of vertical rise for each 12 inches of horizontal run.

City Council/RSA Agenda 103 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

ii. ADUs resulting from alterations or additions to an existing structure shall provide the same roof form, material, and color as the existing structure.
iii. New buildings shall provide a roofing material that is the same as the predominant roofing material throughout
properties within 100 feet.
iv. Roof material and color shall be the same throughout the entirety of the roof.
v. Overhanging eaves shall extend a minimum of 12 inches beyond the supporting wall.
vi. Exceptions. Exceptions may be granted by the Director to the requirements listed above to accommodate a complete architectural style or alternative roof forms and detailing that complements the architectural character of the existing development.
d. Principal Entrance.
i. A three foot covered entry above the primary entrance to the ADU shall be provided.
ii. The covered entry requirement may be achieved by insetting the door into the ADU.
e. Exterior Stairways. Exterior stairways providing access to an upper story are prohibited
f. Balconies. Usable balconies and upper-story decks are prohibited on ADU units.
g. Historic Properties. For properties located within the Landmark and Historic Preservation Overlay Zone, or included in the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, any new addition for an attached ADU shall be located along the rear wall of an existing single-family dwelling, unless the ADU is fully enclosed within the existing building walls. The attached ADUs shall adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer.

13. Exemptions. A project may be exempted from one or more of the established standards if it is determined that the specific standard(s) would make it infeasible for an 800 square foot ADU to be constructed on City Council/RSA Agenda 104 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

a property consistent with California Government Code, Section 65852.2, subdivision (e).

14. Impact Fees. ADUs over 750 square feet are subject to all applicable impact fees. Assessment of impact fees shall be proportional to the primary residence.

B. Either attached or detached ADUs shall be permitted within a multifamily development subject to the following criteria:

1. Attached Units. ADUs may be allowed within existing portions of a multifamily or mixed-use development that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, and/or garages, if each unit complies with state building standards for dwellings.
a. Number of Units. At least one attached ADU may be provided per lot.
b. Additional attached ADUs, may be permitted, up to a maximum of 25% of total number of all units within the multifamily or mixed-use development.
c. A fraction of one-half (0.5) or more is rounded up and a fraction that is less than one-half (0.5) is disregarded.

2. Detached Units. Up to two detached ADUs with a maximum height limit of 16 feet, a minimum rear and side setbacks of four feet, and a maximum area of 800 square feet shall be allowed in a multifamily development. a. The two detached units can also be created through conversions of existing detached accessory structures.

C. On lots with an existing or proposed single-family dwelling, one junior accessory dwelling unit (JADU) shall be permitted subject to the following regulations, subject to the limitations for lots with SB 9 Housing Developments established by Chapter 18.31:

1. JADUs shall be constructed entirely within the walls of an existing primary residence. JADUs shall be created from existing habitable space and/or from existing garage space.
a. Size. JADUs shall not exceed 500 square feet in floor area. b. Facilities. A private bathroom is not required for a JADU, provided that the unit has full access to a bathroom in the primary residence.

If a bathroom is shared with the remainder of the primary residence, it shall not be included in the square footage calculation. i. An efficiency kitchen, including a cooking facility with appliances and a food preparation counter that is a
reasonable size in relation to the size of the JADU shall be provided;
City Council/RSA Agenda 105 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

ii. A separate exterior entrance.
c. Parking. No additional parking is required, however, if a covered and enclosed parking space is demolished in the construction of the JADU, then the parking space shall be replaced at a ratio of one to one.
d. Occupancy. JADUs may not be sold separately from the singlefamily residence but may be rented separately. JADUs may not be used as a short-term rental (less than 30 days). The primary residence must be owner-occupied, but the owner may reside in either the JADU or the primary residence. This owner-occupancy requirement does not apply to primary residences owned by a public agency, land trust, or non-profit housing organization. e. An addition of up to 150 square feet that meets minimum four-foot side and rear setbacks may be allowed to accommodate
ingress/egress to the JADU provided that the addition meets all Building and Fire safety requirements.

2. Restrictions. A deed restriction shall be recorded prior to the issuance of building permits to prohibit the subdivision or sale of the JADU separate from the primary residence and include the following provisions:
a. The deed restriction shall be enforced against future purchasers; and
b. Restricts the size and features of the JADU.
§ 18.34.040. General procedures.

Development of an ADU and/or JADU shall be subject to issuance of a building permit within 60 days of submission of an application that includes all items listed on the City’s ADU/JADU submittal checklist and is consistent with applicable requirements. However, if an ADU is proposed as part of an application that requires discretionary review, a building permit shall not be issued for the ADU or JADU until the discretionary approval(s) have been granted and any appeal period(s) has/have passed.

City Council/RSA Agenda 106 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

§ 18.34.010 Purpose.

The purpose of this section is to implement Government Code Sections 66310 – 66342 by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review. In the event of any conflict or discrepancy between the ADU and/or JADU standards in this Chapter and any other provisions of this Title, the standards contained in this Chapter shall take precedence. §18.34.020 General Requirements.

A. Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and converted from existing floor area, shall be subject to a building permit.

B. Permitting Procedure.

1. Ministerial Review. A permit application for an ADU and/or JADU shall be processed ministerially, without discretionary review or a hearing.

2. Review Period.
a. Developed Lot. If there is an existing single-family or multifamily dwelling on a lot, a permit application for an ADU and/or JADU shall either be denied or approved within 60 days of receipt of a complete application.
b. Undeveloped Lot. If a permit application to create or serve an ADU and/or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on a lot, the City may delay approving or denying the permit application for the ADU and/or JADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling; however, the application to create or serve the ADU and/or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

3. Deemed Approved. If a complete application is not approved or denied within 60 days of receipt of a complete application, the application shall be deemed approved.

4. Denied Applications. If an application for an ADU and/or JADU is denied within 60 days of receipt of a complete application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

City Council/RSA Agenda 107 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

5. Nonconforming Conditions. No application for a permit to create an ADU and/or JADU shall be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that:
a. Do not present a threat to public health and safety; and b. Are not affected by the construction of the ADU and/or JADU.

C. Separate Entrance. ADUs and/or JADUs shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling.

D. Separate Address. ADUs and/or JADUs shall provide a separate address from the primary dwelling.
§18.34.030 ADU Regulations.

A. General Plan and Zoning.

1. Residential Use. ADUs approved in compliance with this chapter shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

2. Permitted Locations. ADUs are permitted on lots with an existing or proposed single-family or multifamily dwelling in areas zoned to allow single-family or multifamily residential use.

3. Density. ADUs shall not count toward the maximum density permitted on the lot.

B. ADU Typology. ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

C. Objective Standards.

1. Number of ADUs.
a. Single-Family ADUs.
i. In addition to a JADU, no more than two ADUs shall be permitted on the same lot that has an existing or proposed single-family dwelling as follows:
(A) One attached or detached, new construction ADU, or
(B) One detached, new construction ADU that does not
exceed 800 square feet and one ADU that is within
the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure and may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the
City Council/RSA Agenda 108 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

existing accessory structure shall be limited to
accommodating ingress and egress.
b. Multifamily ADUs.
i. Conversion ADUs. A minimum of one ADU and a maximum
of 25-percent of the total number of existing multifamily dwelling units shall be permitted to be converted from
existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the State building standards for dwellings.
ii. Detached ADUs.
(A) Existing Multifamily Dwelling. On a lot with an
existing multifamily dwelling, not more than eight
detached ADUs shall be permitted. The number of
ADUs shall not exceed the number of existing
multifamily units on the lot.
(B) Proposed Multifamily Dwelling. On a lot with a
proposed multifamily dwelling, not more than two
detached ADUS shall be permitted.

2. Size. The maximum allowable square footage for ADUs shall not exceed the area limitations specified below. For the purposes of this section, the calculation of ADU square footage shall not comprise garages, carports, covered porches/patios, breezeways, and/or other accessory structures. a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to any size limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
area shall not exceed 1,000 square feet.
ii. Detached ADUs. Detached ADUs created from new floor area shall not exceed 1,200 square feet.

3. Height.
a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to height limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
shall not exceed a height of 30 feet or the maximum height permitted in the underlying zoning district. In all cases, ADUs shall not exceed two stories.

City Council/RSA Agenda 109 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

ii. Detached ADUs. Detached ADUs created from new floor area, on a lot with an existing or proposed single family or multifamily dwelling unit, shall not exceed a height of 16 feet, or a height of 18 feet if either of the following conditions are met:
(A) Transit Proximity. The lot on which the ADU will be created is within one-half mile walking distance of a
major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code
Section 21155. An additional height of two feet, for a
maximum height of 20 feet, shall be allowed to
accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
(B) Multifamily, Multistory Structure. The lot on which the ADU will be created consists of an existing or
proposed multifamily, multistory dwelling.

4. Setbacks.
a. Existing Floor Area. ADUs located within an existing living area or an existing accessory structure, or ADUs that replace an existing structure and are in the same location and to the same dimensions as the structure being replaced, shall not be subject to setbacks. b. New Floor Area. ADUs created from new floor area are subject to the following setbacks:
i. Front Yard. Same as the underlying district, unless the ADU is no greater than 800 square feet in size, in which case, no front-yard setback applies.
ii. Side Yard. A minimum of four feet.
iii. Rear Yard. A minimum of four feet.

5. Parking. ADUs shall not be subject to the City’s minimum parking requirements. Additionally, replacement parking shall not be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. A demolition permit for a detached garage to be replaced with an ADU shall be reviewed and issued concurrently with the ADU permit application.

6. Historic Resources. An ADU that involves exterior modifications to structures listed in the California Register of Historical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

City Council/RSA Agenda 110 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

D. Building Code Requirements. ADUs must comply with the City’s building code requirements for detached dwellings. However, constructing an ADU does not constitute a Group R occupancy change under Section 310 of the California Building Code (Title 24), unless the Building Official issues a written finding, supported by substantial evidence, that the construction poses a specific, adverse impact on public health and safety. This provision shall not prevent the City from changing the occupancy code for space converted from uninhabitable or non-residential use to residential use.

E. Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

F. Impact Fees. ADUs that are 750 square feet or larger shall be subject to all applicable impact fees. Impact fees shall be charged proportionally in relation to the square footage of the primary dwelling unit. As ascribed in Government Code Section 66324, as the same may be amended from time to time, and reprinted here for reference, “impact fee” means:

A “fee” as defined in subdivision (b) of [Government Code] Section 66000, expect that it also includes fees specified in [Government Code] Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

G. Passageway. No passageway shall be required in conjunction with the construction of an ADU. As ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference, “passageway” means:

A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

H. Separate Sale. Except as permitted by Government Code Section 66341, as the same may be amended from time to time, ADUs shall not be sold or conveyed separately from the primary dwelling.

I. Sewage. ADUs using a private sewage disposal system shall obtain approval by the local health officer.

J. Short-Term Rental Limitation. ADUs shall not be rented for a term of less than 30 days.

K. Utility Connection. ADUs constructed within the proposed space of a primary dwelling or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU pursuant to Government Code Section 66341.

City Council/RSA Agenda 111 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

§18.34.040 JADU Regulations.

A. Permitted Locations. JADUs shall be permitted in single-family residential zones.

B. Number of JADUs. In addition to any ADUs, no more than one JADU shall be permitted per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot.

C. Size. JADUs shall be limited to a maximum size of 500 square feet in floor area.

D. Owner Occupancy. JADUs shall be subject to owner-occupancy either in the remaining portion of the single-family residence or the newly created JADU.

Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

E. Deed Restriction. A recordation of a deed restriction, which shall run with the land, shall be filed with the City. The deed restriction shall include:

1. A prohibition of the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers; and

2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 – 66339.

F. Interior Entry. In addition to a separate exterior entrance, JADUs that do not comprise a bathroom shall include an interior entry to the main living area of the single-family residence.

G. Efficiency Kitchen. JADUs shall provide an efficiency kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

H. Parking. No parking spaces (additional or replacement) shall be required as a condition of permitting a JADU, even when the JADU is converted from an attached garage.

I. New or Separate Unit. JADUs shall not be considered a separate or new dwelling unit for the purposes of:

1. Any fire and life protection ordinance or regulation.

2. Providing service for water, sewer, or power, including a connection fee.

City Council/RSA Agenda 112 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

VI. STATUTORY REFERENCES FOR CALIFORNIA CITIES
Title SR, Statutory References for California Cities, is amended to modify the section below:
§SR.010 General Provisions.

Subject Reference
Accessory dwelling units Gov’t Code § 65852.15066310 et seq.

Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 Classifications of cities Gov’t Code §§ 34100 – 34102
Code adoption Gov’t Code §§ 50022.1 – 50022.10
Conflict of interest code Gov’t Code § 87100 et seq.

Elections Gov’t Code
§§ 34050 and 36503 and Elec.

Code §§ 1301, 9200 et seq.,
and 10100 et seq.

Expedited judicial review of First Amendment
cases
Civ. Proc. Code § 1094.8
False petitions Gov’t Code § 34093
General powers Gov’t Code § 37100 et seq. and Cal.

Const. Art. XI, § 7
Imprisonment Gov’t Code §§ 36901, 36903 – 36904
Initiative and referendum Cal. Const. Art. XI, § 7.5 and Elec.

Code §§ 9200 et seq., and 9235 et
seq.

Judicial review of city decisions Civ. Proc. Code § 1094.6 Ordinances Gov’t Code § 36900 et seq.

Penalties for ordinance violations Gov’t Code § 36900 et seq.

Police power Cal. Const. Art. XI, § 7
Procedure for enactment or revision of city
charters
Gov’t Code § 34450 et seq.

City Council/RSA Agenda 113 Tuesday, March 11, 2025
Exhibit B
Zoning Text Amendments (AT-25-001) [Redlined Version]

Subject Reference
Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 City Council/RSA Agenda 114 Tuesday, March 11, 2025

Zoning Text Amendment (AT-25-001)
Proposed Amendments: Summary of Changes
Area Topic Subtopic UCMC Reference Government Code Reference Summary of Changes/Notes

1. ADU Definition 18.08.205 66313(a) This section is amended to update the ADU definition to match state law.

2. JADU Definition 18.08.206 66313(a); 66333(d) This section is amended to update the JADU definition to match state law.

3. SB 9 Subdivisions and
Development Projects
Definitions 18.31.020 N/A In the interest of consistency and clarification, this section is amended to remove the ADU and JADU definitions because
“ADU” and “JADU” are defined in UCMC Chapter 18.08.

4. Residential Districts Site Area Per Dwelling
Unit

18.32.060 N/A In the interest of consistency and clarification, this section is amended to point to the ADU chapter and capture any future changes under state law.

5. Affordable Housing Definitions 18.33.020 N/A In the interest of consistency and clarification, this section is amended to remove the definitions listed below from the subject section because they are already defined in UCMC Chapter

18.08:
• “Accessory dwelling unit”
• “Dwelling unit”

6. Purpose 18.34.010 • ADUs: 66314
• JADUs: 66333
This section provides the purpose of the Chapter and states that UCMC Chapter 18.34 takes precedence over other, potentially conflicting parts of Title 18.

7. General Requirements Building Permit Required 18.34.020(A) • ADUs: 66317 • JADUs: 66333
This provision states that a building permit is required for an ADU and/or JADU, even when those are converted from existing space or created through an amnesty process.

8. General Requirements Permitting Procedure Ministerial Review 18.34.020(B)(1) • ADUs: 66316; 66317; 66320; 66323
• JADUs: 66335; 66339
This provision states that ADUs and/or JADUs are subject to ministerial review (i.e., no public hearing).

9. General Requirements Permitting Procedure Review Period 18.34.020(B)(2) • ADUs: 66317; 66320 • JADUs: 66335
This provision establishes a firm deadline for the City’s review of complete ADU and/or JADU applications, specifying the maximum number of days allowed for processing.

Attachment 2
City Council/RSA Agenda 115 Tuesday, March 11, 2025
Zoning Text Amendment (AT-25-001)
Proposed Amendments: Summary of Changes

Area Topic Subtopic UCMC Reference Government Code Reference Summary of Changes/Notes

10. General Requirements: Permitting Procedure Deemed Approved 18.34.020(B)(3) 66317 This provision states that if the City fails to review an ADU and/or JADU application within the specified time limits, the subject application is automatically deemed approved.

11. General Requirements Permitting Procedure Denied
Applications

18.34.020(B)(4) 66317 This provision states that the City must provide written comments when denying an ADU and/or JADU application.

12. General Requirements Permitting Procedure Nonconforming Conditions

18.34.020(B)(5) • ADUs: 66322(b)
• JADUs: 66336
This provision states the City’s limitations for requiring corrections to nonconforming conditions.

13. General Requirements Separate Entrance 18.34.020(C) • JADUs: 66333(e)(1) This provision requires ADUs and JADUs to have a separate exterior entrance from the primary dwelling unit.

14. General Requirements Separate Address 18.34.020(D) N/A This provision requires ADUs and JADUs to have their own address, separate from the primary dwelling unit.

15. ADU Regulations General Plan & Zoning 18.34.030(A) 66314; 66314(d)(2); 66323(a) As part of a local ordinance requirement, this provision states where ADUs are permitted, identifies ADUs as a residential use, and clarifies that ADUs do not count toward density.

16. ADU Regulations ADU Typology 18.34.030(B) 66314(d)(3) As part of a local ordinance requirement, this provision identifies the different type of ADUs: “attached/within,” and “detached.”

17. ADU Regulations Objective Standards Number of ADUs 18.34.030(C)(1) 66323(a) As an objective standard, this provision clarifies the maximum number of ADUs that are allowed, based on state law1 and also supported by Implementation Program HE-2.D of the City’s 2023- 2031 Housing Element. The maximum number of ADUs allowed are as follows:
• Single-Family ADUs: Two.
• Multifamily
o Conversion ADUs: Up to 25-percent of the number
of existing multifamily units.
o Detached ADUs:
 Developed Lot: Eight, but not to exceed the
number of existing multifamily units.
 Undeveloped Lot: Two.
1 For additional clarity and/or confirmation on legislative intent, please refer to HCD’s ADU Ordinance Review Letters.

City Council/RSA Agenda 116 Tuesday, March 11, 2025
Zoning Text Amendment (AT-25-001)
Proposed Amendments: Summary of Changes

Area Topic Subtopic UCMC Reference Government Code Reference Summary of Changes/Notes

18. ADU Regulations Objective Standards Size 18.34.030(C)(2) 66321(b); 66323(a)(2)(A) As an objective standard, this provision sets the maximum size for ADUs. Generally, the maximum sizes2 are as follows:
• Conversion ADUs: No maximum.
• Attached ADUs: 1,000 square feet.
• Detached ADUs: 1,200 square feet.

19. ADU Regulations Objective Standards Height 18.34.030(C)(3) 66321(b)(4) As an objective standard, this provision sets height limitations for ADUs based on State law. Generally, the maximum height
limitations are as follows:
• Conversion ADUs: No maximum.
• Attached ADUs: 30 feet.
• Detached ADUs: 20 feet.

20. ADU Regulations Objective Standards Setbacks 18.34.030(C)(4) 66314(d)(7); 66321(b)(3) As an objective standard, this provision clarifies the minimum setback requirements for ADUs. Generally, the minimum setbacks are as follows:
• Conversion ADUs: No setbacks.
• New construction ADUs:
o Front Yard: Generally, 4 feet; however, may be 0 in
some instances.
o Side Yard: 4 feet.
o Rear Yard: 4 feet.

21. ADU Regulations Objective Standards Parking 18.34.030(C)(5) 66314(b)(2); 66314(d)(10); 66314(d)(11); 66314(e);
66322(a)
Like the current ordinance, this provision states that ADUs do not require parking. Maintaining this objective standard would allow the City to promote ADUs, consistent with Implementation Program HE-2.D of the City’s 2023-2031 Housing Element.

22. ADU Regulations Objective Standards Historic Resources 18.34.030(C)(6) 66314(b)(1); 66323(f); This provision states that the City can require ADU projects, that affect historic resources, to comply with the objective, Secretary of Interior Standards for the Treatment of Historic Properties. 3 2 These size limitations are proposed to: 1) Simplify regulations for both staff and applicants because under state law, the City must allow at least an 800 square-foot, new construction ADU, regardless of the size of the primary dwelling or lotcoverage calculations; and 2) Align with the legislature’s intent to increase the availability of “missing middle” housing, specifically by removing regulatory barriers that hinder the construction of rental units that are appropriately sized to accommodate families.
3 https://www.nps.gov/orgs/1739/secretary-standards-treatment-historic-properties.htm.

City Council/RSA Agenda 117 Tuesday, March 11, 2025
Zoning Text Amendment (AT-25-001)
Proposed Amendments: Summary of Changes

Area Topic Subtopic UCMC Reference Government Code Reference Summary of Changes/Notes

23. ADU Regulations Building Code
Requirements

18.34.030(D) 66314(d)(8) As part of a local ordinance requirement, this provision ensures that ADUs follow local building codes for detached dwellings but do not trigger a Group R occupancy change unless there is substantial evidence of a public health or safety risk. It also allows previously uninhabitable or nonresidential spaces to be reclassified for residential use when converted into ADUs.

24. ADU Regulations Fire Sprinklers 18.34.030(E) 66314(d)(12); 66323(c) As part of a local ordinance requirement, this provision sets limitations on when fire sprinklers for an ADU can be required.

25. ADU Regulations Impact Fees 18.34.030(F) 66324(c)(1) This provision states that ADUs 750 square feet or larger are subject to the City’s impact fees.

26. ADU Regulations Passageway 18.34.030(G) 66314(d)(6) As part of a local ordinance requirement, this provision states that no clear, open pathway from the street to an ADU entrance is required.

27. ADU Regulations Separate Sale 18.34.030(H) 66314(d)(1) As part of a local ordinance requirement, this provision states that ADUs cannot be sold separately from the primary dwelling unit, unless the ADU is sold to a qualified buyer, as outlined in Government Code § 66341.

28. ADU Regulations Sewage 18.34.030(I) 66314(d)(9) As part of a local ordinance requirement, this provision states that approval by the local health officer is required for ADUs utilizing a private sewage disposal system.

29. ADU Regulations Short-Term Rentals 18.34.030(J) 66315; 66323(d) This provision states that ADUs cannot be used for short-term rentals.

30. ADU Regulations Utility Connection 18.34.030(K) 66324(d); 66324(e) This provision exempts ADUs built within existing structures from requiring separate utility connections and associated fees. The exception is for newly constructed ADUs or those sold separately from the main dwelling.

31. JADU Regulations Permitted Locations 18.34.040(A) 66333; 66333(a) This provision limits JADUs to lots that are zoned for single-family residences.

32. JADU Regulations Number of JADUs 18.34.040(B) 66333(a) This provision limits JADUs to one per single-family residential lot.

33. JADU Regulations Size 18.34.040(C) 66313(a) This provision sets JADU size limitations to a maximum of 500 square feet.

City Council/RSA Agenda 118 Tuesday, March 11, 2025
Zoning Text Amendment (AT-25-001)
Proposed Amendments: Summary of Changes

Area Topic Subtopic UCMC Reference Government Code Reference Summary of Changes/Notes

34. JADU Regulations Owner Occupancy 18.34.040(D) 66333(b) This provision requires owner-occupancy (with some exceptions) of the JADU or the primary dwelling unit.

35. JADU Regulations Deed Restriction 18.34.040(E) 66333(c) This provision requires a deed restriction to be recorded, filed, and enforceable with the land, prohibiting the separate sale of a JADU and limiting its size and features as per regulations.

36. JADU Regulations Interior Entry 18.34.040(F) 66333(e) This provision requires JADUs that do not include a bathroom to provide interior access to the main living area of the primary dwelling.

37. JADU Regulations Efficiency Kitchen 18.34.040(G) 66333(f) This provision requires JADUs to have an efficiency kitchen.

38. JADU Regulations Parking 18.34.040(H) 66334(a) This provision clarifies, per HCD’s ADU Handbook (2025) and legislative intent, that no parking, including replacement parking, is required for JADUs.

39. JADU Regulations New or Separate Unit 18.34.040(I) 66337; 66338 This provision clarifies that JADUs are not treated as “new” or “separate” dwelling units for fire, life safety, or utility service regulations.

40. Statutory References for
California Cities
General Provisions SR.010 N/A In the interest of consistency and clarification, this section is amended to cite the correct Government Code reference as it pertains to ADUs.

City Council/RSA Agenda 119 Tuesday, March 11, 2025
Agenda Item
DATE: FEBRUARY 6, 2025
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ZONING TEXT AMENDMENT (AT-25-001) TO TITLE 18, ZONING,

OF THE UNION CITY MUNICIPAL CODE TO RESCIND AND
REPLACE CHAPTER 18.34, ACCESSORY DWELLING UNITS, AND
AMEND CHAPTERS 18.08, DEFINITIONS; 18.31, SB 9
SUBDIVISIONS AND DEVELOPMENT PROJECTS; 18.32,
RESIDENTIAL DISTRICTS; AND 18.33, AFFORDABLE HOUSING
APPLICANT: CITY OF UNION CITY
REQUEST: The City of Union City is proposing the following updates to its zoning regulations, which are codified in UCMC Title 18:

1. Rescind and replace Chapter 18.34, Accessory Dwelling Units; and

2. Minor amendments to Chapters 18.08, Definitions; 18.31, SB 9 Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing, for consistency with the updates to Chapter 18.34.

LOCATION: Citywide

ENVIRONMENTAL ASSESSMENT
The proposed zoning text amendments (amendments) are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding accessory dwelling units (ADUs) and junior Attachment 3
City Council/RSA Agenda 120 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 2 of 11
accessory dwelling units (JADUs) in a single-family or multifamily residential zone to implement Government Code § 66310 et seq.

EXECUTIVE SUMMARY
The California Legislature has found and declared that, among other things, allowing ADUs in zones that allow single-family and multifamily uses provides additional rental housing and is an essential component in addressing California’s housing needs.1 The California Department of Housing and Community Development (HCD) also highlights that ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. As such, state ADU law has been revised annually to improve its effectiveness at creating more ADUs and JADUs.

The City’s recently adopted Housing Element includes a goal to assist in the production of affordable housing to meet the needs of lower-income residents and includes an implementation program to promote the development of ADUs. For consistency with the Housing Element, as well as to align with the State’s objectives, staff proposes to rescind and replace Chapter 18.34, Accessory Dwelling Units, and make minor amendments to the following chapters for consistency with the updates to Chapter 18.34:

1. 18.08, Definitions;

2. 18.31, SB 9 Subdivisions and Development Projects;

3. 18.32, Residential Districts; and

4. 18.33, Affordable Housing.

The proposed amendments, which are included in Attachment 1,2 aim to:

1. Comply with recent changes in state law.

2. Simplify development standards and procedures for ADUs and JADUs, reducing regulatory burdens and encouraging their construction.

3. Restructure and reorganize regulations to enhance navigability and reduce confusion.
1 See Government Code § 66310.
2 Refer to Exhibit A, Zoning Text as Amended (Clean Version) and Exhibit B, Zoning Text as Amended (Redlined Version) of the Draft Ordinance, which is incorporated into Attachment 1, Draft Resolution, by reference.

City Council/RSA Agenda 121 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 3 of 11
I. BACKGROUND
Housing Element Requirements
AB 671, enacted in 2020 and codified under Government Code § 65583, mandates that local agencies include plans to incentivize and promote the creation of ADUs. In compliance with this requirement, the City, as part of its General Plan Housing Element, is obligated to implement programs that make adequate provisions for the housing needs of all economic segments of the community.

The City’s Sixth Cycle Housing Element,3 which covers the eight-year planning period from 2023 to 2031, includes an implementation program in direct response to AB 671.

Specifically, Implementation Program HE-2.D requires the City to promote the development of ADUs by supporting efforts to construct ADUs. The program also calls for regularly monitoring legislative changes and updating the local ordinance to ensure alignment with state law. Program HE-2.D leverages the historical growth in ADU permits and intends to build on the City’s success in encouraging ADU production. As depicted in Chart 1, despite the short-term fluctuations, particularly the sharp decline in 2020 likely attributable to the COVID-19 pandemic, the overall trend displays a steady, long-term increase in ADU permitting. The dotted trendline highlights this upward trajectory, suggesting ongoing recognition of ADUs as a viable strategy for addressing housing needs.

Chart 1. ADUs Permitted by Year4*
3 The Sixth-Cycle Housing Element was adopted by City Council on March 23, 2023 and certified by the State on May 30, 2023.
4 California Department of Housing and Community Development, Housing Element Implementation and APR Dashboard. Retrieved January 15, 2025, from https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-element-implementation-and-apr-dashboard. *The source for the 2024 data is the City’s Building Division. 8 12
7 23
31 21
34 0
5 10
15 20
25 30
35 2018 2019 2020 2021 2022 2023 2024
Number of ADUs Permitted
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Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 4 of 11
Prior Amendments to ADU Ordinance
Over the past few years, the City has undertaken multiple amendments to Title 18, Zoning, to ensure alignment with evolving state legislation and to streamline its regulatory framework to further support housing development. Among these efforts, the 2021 amendments (AT-21-001),5 represented a major step in updating the City’s ADU regulations. As part of those amendments, a dedicated chapter—Chapter 18.34, Accessory Dwelling Units—was added to the UCMC. Establishing a stand-alone chapter for ADUs was necessary to address the frequent updates to state ADU law and ensure the City’s regulations remain compliant and responsive. The 2021 amendments made key modifications to the City’s ADU regulations, including but not limited to:
 Elimination of parking requirements.
 Reduction of side- and rear-yard setbacks from five feet to four feet.  An increase in the maximum detached ADU height limit from 12 feet to 16 feet.  Clarification on the maximum ADU size limitations based on number of bedrooms.  Relief from certain development standards (i.e., lot coverage) for ADUs 800 square feet or less.
 Permitting ADUs in multifamily developments.

The changes noted above were designed to streamline the permitting process, reduce barriers to ADU construction, and encourage the development of these housing units to meet the City’s goals while addressing community needs.

Recent and Future Legislation
In its attempt to address the state-wide housing crisis, rising housing costs, and shortage of affordable housing options in California, the State continues to pass bills aimed at streamlining local approval processes for ADUs and updating regulations that may otherwise limit the production of ADUs. Since the last amendments to the City’s ADU regulations in 2021, a number of new laws have gone into effect. Table 1, along with the summary that follows it, highlights some of the key bills enacted since the City’s last update to its ADU regulations.
5 Adopted by the City Council through Ordinance No. 883-21 on May 11, 2021.

City Council/RSA Agenda 123 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 5 of 11
Table 1. List of ADU Statutory Changes since 2021
Bill Statute Amended Year Effective
AB 345 Government Code § 65583(c)(7) 2022
AB 2221 Government Code § 65852.2 2023
SB 897 Government Code § 65852.2 2023
AB 976 Government Code § 65852.2 2024
SB 477 Government Code §§ 65852.150; 65852.2;
65852.22; 65852.23; 65852.26 2024
AB 2533 Government Code § 66322 2025
SB 1211 Government Code §§ 66313; 66314; 66323 2025
AB 345 (Quirk-Silva)
AB 345 expanded upon the provisions of AB 587 by mandating that local agencies permit ADUs to be sold or conveyed separately from the primary residence under specific conditions outlined in the Government Code. Among other things, the conditions require that the ADU or primary dwelling is developed by a qualified nonprofit organization and sold to a low-income buyer, with enforceable restrictions ensuring affordability for at least 45 years. Additionally, the property must be held in a recorded tenancy-in-common agreement. AB 345 was designed to promote affordable homeownership opportunities while ensuring long-term affordability and clear governance for shared property arrangements.

AB 2221 (Quirk-Silva)
AB 2221 contained clean-up language and clarifications to reduce permitting hurdles. For example, the bill:
 Expressly required local agencies to “approve or deny” an ADU application within 60 days of completeness determination. Jurisdictions that deny an ADU application must provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.  Expanded the definition of “permitting agency” to include any entity involved in the review of an ADU permit, rather than simply the agency responsible for issuing the permit. This change made it clear that other agency departments, as well as special districts (i.e., water, sanitary) are subject to the 60-day deadline following a completeness determination.
 Clarified that the construction of an ADU (attached or detached) cannot trigger a requirement to install fire sprinklers in an existing multifamily dwelling.

City Council/RSA Agenda 124 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 6 of 11
 Added front setbacks to the list of objective development standards that local agencies are precluded from imposing if the setbacks would prevent construction of an ADU that is no greater than 800 square feet.

SB 897 (Wieckowski)
SB 897 included clarifications pertaining to things such as demolition permits, parking requirements, building code occupancy requirements, and number of detached ADUs allowed on lots with a proposed multifamily dwelling. However, the key aspect of this bill is the increase in the height limits that a local agency may impose on ADUs. Specifically, SB 897 provided minimum height limits of:
 16 feet for detached ADUs on the same lot with an existing or proposed singlefamily or multifamily dwelling;  18 feet for detached ADUs located on a lot that is within one-half of one mile of a major transit stop, or detached ADUs on lot with an existing or proposed multistory, multifamily dwelling; and  25 feet or the underlying zoning district height limit, whichever is lower, for attached ADUs.

Although the law introduces the potential for two-story ADUs if certain conditions are met, it ensures that a local agency is not required to permit three-story ADUs.

AB 976 (Ting)
AB 976 permanently extended provisions allowing property owners to construct ADUs without owner-occupancy requirements. This bill removed the sunset provision of AB 881, passed in 2020, which had temporarily prohibited local governments from imposing owner-occupancy requirements on properties with ADUs through 2025. By eliminating the expiration date, AB 976 ensured the continued ability to build rental ADUs, supporting the creation of additional rental housing across the state.

SB 477 (Committee on Housing)
SB 477 was enacted as an urgency measure in March 2024 and took effect immediately.

The bill rescinded Government Code § 65852.2 and relocated and restructured existing regulations into a new chapter6 of the Government Code. The changes introduced by SB 477 were purely organizational and did not alter the substantive requirements for ADUs 6 Chapter 13, Government Code § 66310 et seq.

City Council/RSA Agenda 125 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 7 of 11
and JADUs. Instead, these changes were intended to make state ADU law easier to navigate.

AB 2533 (Carrillo)
AB 2533 extended the existing state amnesty provisions for unpermitted ADUs by expanding the timeframe covered under the law. Previously, unless necessary to protect the health and safety of the public or the occupants of the structure, local agencies were prohibited from denying permits for unpermitted ADUs constructed prior to January 1, 2018. AB 2533 expanded the state amnesty law to include ADUs that were constructed before January 1, 2020. For ADUs that are denied on health and safety grounds, AB 2533 requires local agencies to:
 Provide applicants with a checklist of potential building code violations.  Inform homeowners of the option to obtain a confidential third-party code inspection from a licensed contractor before submitting a permit application.

In sum, this legislation aims to facilitate the legalization of existing, potentially noncompliant ADUs while ensuring public safety and building code compliance.

SB 1211 (Skinner)
SB 1211 expanded the scope of ministerial approval for multifamily detached ADUs.

Previously, local agencies were required to approve permits for up to two detached ADUs on a multifamily lot. Under SB 1211, local agencies must now approve permits for up to eight detached ADUs on a lot with an existing multifamily dwelling and up to two detached ADUs on a lot with a proposed multifamily dwelling.

Additionally, SB 1211 prohibits local agencies from requiring replacement of off-street parking spaces demolished as part of an ADU construction or conversion. The bill also clarified that local agencies cannot impose objective development standards on ADUs and/or JADUs created pursuant to Government Code § 66323, except as explicitly allowed under state law.7
2025 Legislative Session
The 2025 legislative session is anticipated to include the introduction of additional bills impacting ADUs. While the specific nature and extent of any legislative changes to ADU regulations remain uncertain at this time, it is possible that future amendments to the 7 Per HCD’s ADU Handbook (2025), units created pursuant to Government Code § 66323 may also be referred to as “66323 Units,” “State mandated ADUs,” or “State exempt ADUs.” City Council/RSA Agenda 126 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 8 of 11
City’s ADU Ordinance may be necessary to ensure compliance with updated state law. In accordance with continued progress with Housing Element Implementation Program HE2.D, City staff will continue to monitor the progress of relevant legislation throughout the 2025 session and provide updates on any developments that may affect local ADU requirements.

II. DISCUSSION
In every legislative session over the last eight years, the State Legislature has enacted dozens of bills intended to facilitate the development of ADUs. The proposed amendments, presented as “clean” and “red-lined” versions in Attachment 1, are in response to the legislative updates that went into effect in recent years. Given the extent of revisions, and to assist with the Planning Commission’s review, a table summarizing the proposed amendments is presented in Attachment 2.

Current ADU Ordinance
Amendments are proposed to Chapter 18.34, Accessory Dwelling Units, to ensure alignment with recently adopted state housing laws pertaining to ADUs. While staff is currently administering ADU projects in accordance with state law, the City’s zoning ordinance has not been formally updated to reflect recent legislative changes, creating inconsistencies between local regulations and state-mandated requirements. Key provisions within the City’s current ADU ordinance that need to be updated for compliance are noted below.
 Height Limitation. The current ADU height limitation does not reflect the increased height limits permitted under state law for ADUs near a “major transit stop,” as the term is defined by state law, or as part of multistory structures.  Number of ADUs. The current restrictions on the allowable number of ADUs associated with single-family and multifamily dwellings are more stringent than allowed by state law.
 Setbacks. The current front-yard, as well as street-side yard, setback requirements are inconsistent with state law’s provision allowing ADUs of up to 800 square feet to be constructed with reduced or no setbacks.
 Design Standards. Under the current ordinance, certain design standards (i.e., building facades and materials; windows and glazing; roof form and detailing) conflict with state laws’ mandate to ensure that ADU regulations do not unreasonably constrain development.

Amending the current ADU Ordinance is essential not only to achieve compliance with state law, but also to foster housing diversity and equity in a manner that is consistent with statewide priorities.

City Council/RSA Agenda 127 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 9 of 11
Proposed Amendments
The proposed amendments are designed to bring the City’s ADU regulations into compliance with the most recent changes in state ADU law. The comprehensive update includes rescinding and replacing Chapter 18.34, Accessory Dwelling Units, and making minor updates to related Chapters—18.08, Definitions; 18.31, SB 9 Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing—to ensure internal consistency based on the updates to Chapter 18.34.

Key provisions of the proposed amendments support Housing Element Implementation Program HE-2.D by simplifying ADU regulations, particularly in areas such as size, setbacks, and design standards. The proposed amendments address potential barriers to ADU development, promote streamlined approval processes, incorporate best practices, and align the City’s regulations with the flexible guidelines permitted under state law. This approach ensures regulations do not hinder ADU development but instead encourage their construction as a key strategy for addressing the City’s housing needs and increasing affordable housing supply.

Furthermore, the proposed amendments are based on extensive research and analysis.

Staff has thoroughly reviewed the HCD’s ADU Handbook (2025) and HCD’s ADU Ordinance Review letters, engaged in correspondence with HCD, and consulted closely with the City Attorney’s Office to ensure the proposed amendments are legally sound and in full compliance with state law. Moreover, the amendments strive to enhance the userfriendliness of the City’s ADU regulations. The updated regulations are organized into smaller, more focused sections, with an aim to improve readability, enabling users to quickly locate and understand specific requirements without complexity or confusion. The changes are envisioned to reflect the City’s commitment to creating a regulatory framework that is accessible and practical for both staff and the public.

Department of Housing and Community Development (HCD) – Review Required Per Government Code § 66326, the City is required to submit a copy of its ADU Ordinance to HCD within 60 days after adoption. HCD may submit written findings to the City as to whether the adopted ordinance complies with state law. If the City’s ordinance is found to be out of compliance with state law, the City has 30 days to review and respond to HCD’s findings and consider HCD’s findings to amend its ordinance. If the City does not make changes and implements an ordinance that does not comply with state law, HCD may refer the matter to the Attorney General.

Staff has strived to prepare the amendments so that they are in compliance with state law. However, given the complexity and nuances of ADU law, there remains a possibility that HCD may interpret certain provisions of Government Code § 66310 et seq. differently City Council/RSA Agenda 128 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 10 of 11 than how they have been incorporated into the City’s zoning ordinance. In the event HCD finds the City’s revised ordinance noncompliant, staff will promptly draft an amendment for review and action by the Planning Commission and City Council, to address the identified issues and ensure the City’s ADU regulations conform with state requirements.

Public Notice
Consistent with state law noticing requirements, a public hearing notice was published in The Argus newspaper on January 17, 2025. As of the publication date of this staff report, no public comment has been submitted regarding the proposed amendments.

III. REQUIRED FINDINGS
In accordance with UCMC § 18.64.060, the Planning Commission is required to provide a recommendation to the City Council regarding the proposed amendments. The recommendation must address all of the following:

1. Recommending that the application be granted or denied or that the proposal be adopted or rejected, including the reasons for the recommendation.

2. The relationship of the application or proposal to the general plan and any applicable specific plans.

3. Whether the change is necessary or desirable to achieve the purposes of Title 18.

IV. ALTERNATIVES

1. Recommend approval of the proposed amendments to the City Council as proposed;

2. Recommend approval of the proposed amendments to the City Council with stated modifications;

3. Recommend denial of the proposed amendments to the City Council, stating reasons for denial; or

4. Continue the matter for further consideration.

V. RECOMMENDATION
Per UCMC § 18.64.060, Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-25-001) to the City Council based on the following reasons:

1. The proposed amendments are exempt from environmental review per the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding ADUs and JADUs City Council/RSA Agenda 129 Tuesday, March 11, 2025
Planning Commission Staff Report | February 6, 2025
Zoning Text Amendment (AT-25-001): ADUs | Page 11 of 11 in a single-family or multifamily residential zone to implement Government Code § 66310 et seq.

2. The proposed amendments ensure that local regulations support, rather than restrict, ADU development, which helps to address the City’s housing needs and expand affordable housing options.

3. The proposed amendments are consistent with the General Plan, mainly the Housing Element. Specifically, the proposed amendments implement Housing Element Program HE-2.D by simplifying ADU regulations to enhance clarity and ease of development, particularly regarding size, setbacks, and design standards.

By addressing potential barriers, streamlining the approval process, and incorporating best practices, the proposed amendments align with state law and promote ADU development.

4. The proposed amendments are necessary and desirable to achieve the purposes of Title 18 because the amendments will ensure the City is in compliance with the recent updates to state housing laws and objectives.

It is further recommended that the Planning Commission adopt the attached Draft Resolution (Attachment 1), confirming this action.

Prepared by:

Mayank Patel, Senior Planner

ATTACHMENT(S)

1. Draft Resolution, including:
a. Draft Ordinance
b. Exhibit A – Zoning Text as Amended (Clean Version)
c. Exhibit B – Zoning Text as Amended (Redlined Version)

2. Proposed Amendments: Summary of Changes
City Council/RSA Agenda 130 Tuesday, March 11, 2025
Planning Commission Minutes 1 February 6, 2025
Attachment 4

CITY OF UNION CITY

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, FEBRUARY 6, 2025 AT 7:01 P.M.

IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587

AND VIA TELECONFERENCE

1. CALL TO ORDER
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
PRESENT: Chairperson Jo Ann Lew, and Vice Chairperson Seyi Mclelland, Commissioners Lee Guio, Ignacio Romero, and
Amandeep Sandhu
ABSENT: None
STAFF: Carmela Campell (Economic & Community Development Director); Juliet Vaughn (City Attorney); Mayank Patel (Senior Planner) and Tracey Barragan (Administrative Assistant III)

2. ELECTION OF OFFICERS
The Election of Officers will be continued to the next meeting of the Planning Commission.

3. APPROVAL OF MINUTES
A. The minutes from the January 16, 2025 regular meeting will be included in a following packet.

4. ORAL COMMUNICATIONS: None

5. WRITTEN COMMUNICATIONS: None

6. PUBLIC HEARINGS
A. CONTINUED HEARINGS: None
B. NEW HEARINGS

1. CITY OF UNION CITY: ZONING TEXT AMENDMENT (AT-25-
001), Zoning Text Amendment (AT-25-001) to Title 18 Zoning, of the Union City Municipal Code (UCMC) to rescind and
replace Chapter 18.34 Accessory Dwelling Units, and amend Chapters 18.08 Definitions, 18.31 SB 9 Subdivisions and Development Projects, 18.32 Residential Districts, and 18.33 Affordable Housing. CEQA Determination: The proposed
Zoning Text Amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant City Council/RSA Agenda 131 Tuesday, March 11, 2025
Planning Commission Minutes 2 February 6, 2025
to CEQA Guidelines §15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in a Single-Family or Multifamily Residential Zone to implement Government Code § 66310 et seq.

Mayank Patel, Senior Planner provided a PowerPoint presentation for the City of Union City:

Zoning Text Amendment (AT-25-001), to Title 18 Zoning of the Union City Municipal Code (UCMC) to rescind and replace Chapter 18.34 Accessory Dwelling Units and amend Chapter

18.08 Definitions, 18.31 SB 9 Subdivisions and Development Projects, 18.32 Residential Districts and 18.33 Affordable Housing.

Mr. Patel reported staff received questions and comments from Chairperson Lew and a Desk Item has been prepared clarifying Accessory Dwelling Unit (ADU) construction and characteristics, tolling of the review period, correction in the text of Section 18.34.030 (D) of Exhibit B and clarifying questions about utility metering and the City’s Rent Ordinance.

Mr. Patel recommended the Planning Commission adopt the attached resolution, as modified by the Desk Item, recommending the City Council approve Zoning Text Amendment (AT-25-001), confirming this action.

Commissioner Sandhu asked if garages can be converted to an ADU and how many rooms are allowed in an ADU.

Mr. Patel confirmed garages can be converted to an ADU but the City’s Planning regulations include no standard on the maximum number of bedrooms in the ADU. Mr. Patel added it is possible for a garage to be associated with a detached ADU as long as the project as a whole did not exceed the lot coverage calculations and other design standards, such as setbacks.

Commissioner Sandhu asked how rent reviews are implemented for an ADU.

Mr. Patel stated Chapter 5 of the Union City Municipal Code (UCMC) dealt with rental properties, tenant protections and the City’s Rent Ordinance, which applies to all residential units in Union City including ADUs and Junior Accessory Dwelling Units (JADUs).

Carmela Campell, Economic & Community Development Director provided the following additional feedback:
• if the City receives a complaint about an ADU, the City will follow the protocols in the UCMC.
• The City has a third party, Echo Housing, which assists renters who may file a complaint against a landlord via the rent review process.
• Another process deals with tenant protections and the City has another third party that provides assistance on that issue which is managed by the City’s Housing Division. • These processes and ordinances will only come into play when the City receives a complaint.
• ADUs and JADUs are subject to these processes and ordinances.

Vice Chairperson Mclelland understood the Zoning Text Amendments are seen as a way to alleviate the housing problem. She asked what percentage of ADUs represented the City’s overall housing plan and what incentives were associated with these amendments.

Mr. Patel reported the City’s Housing Element has an objective to produce 120 ADUs, which he recognized is nominal based on a percentage standpoint. He added that the City’s Regional Housing Needs Allocation (RHNA) number is much greater at 2,800 units, with ADUs a much City Council/RSA Agenda 132 Tuesday, March 11, 2025
Planning Commission Minutes 3 February 6, 2025
smaller number in comparison. He further added that the incentives with the amendments include flexibility with respect to size and that the City’s current ordinance, which is out of compliance with state law, only allows 1,000 square feet for a detached ADU. Mr. Patel stated the City imposed certain design standards such as having a covered entryway and using a minimum set of materials.

Mr. Patel explained as part of the Zoning Text Amendments, the design standards are removed and kept minimal to meet the state’s intent. Mr. Patel added that the City also increased the size of the ADU and removes the lot coverage limitations; any attached ADU may be a maximum of 1,000 square feet and any detached ADU a maximum of 1,200 square feet. Mr. Patel further added that these changes will help fill the missing middle portion of housing and allow families to be able to rent the ADU units.

Vice Chairperson Mclelland asked about the planning and approval process for ADUs.

Mr. Patel clarified the City receives building permits and as part of the building permit review, plans are routed to Planning staff who verifies height, setback, size and any other objective standards for an ADU or JADU. He added that ADU/JADU proposals do not go before the Planning Commission for approval since pursuant to state law, ADUs are reviewed and approved ministerially and the City has 60-days to process a complete application.

Vice Chairperson Mclelland questioned the removal of the design process. She expressed concern with aesthetics and how these changes will impact neighborhoods.

Mr. Patel reiterated the basic parameters of height, size and setbacks are the primary controls for the appearance of the ADU. Mr. Patel added that in review of letters from the Department of Housing and Community Development (HCD) as well as taking guidance from the ADU Handbook, the state has an interest in not adopting additional design requirements which may serve as a barrier to producing additional ADUs. Mr. Patel suggested that visibility issues are not as prominent given there are height limitations of 16 feet in height and added that the state has prioritized production over design.

Vice Chairperson Mclelland asked why ADUs are exempt from the City’s parking requirements.

Mr. Patel explained that state law includes exemptions for parking and ADUs meet that exemption criteria. He noted that much of Union City meets the criteria, with the majority of housing located within a half a mile radius from a BART Station or high-quality transit corridor with bus service with a 20-minute headway or less. He also detailed Assembly Bill (AB) 2097, which prohibits cities from mandating parking for most development projects within 0.5 miles of a major transit stop.

Vice Chairperson Mclelland expressed concern with multifamily units that may be allowed up to eight ADUs, which represents a lot of people. Absent any parking guidelines, she suggested neighbors will not like it and it will be a parking nightmare.

Commissioner Romero understood the intent of the zoning text amendments are to increase housing and he recognized the City’s RHNA mandate of approximately 2,800 units. He asked if there is any aspiration to make the number of projected ADUs larger to meet the goals.

Ms. Campbell explained the number of projected ADUs came about with conversations with HCD and its review of the Housing Element. She added that HCD based the number of projected ADUs on the City’s historical ADU production, and at that time the City was just starting to ramp up.

Ms. Campbell acknowledged the City expects to produce more ADUs in the future.

City Council/RSA Agenda 133 Tuesday, March 11, 2025
Planning Commission Minutes 4 February 6, 2025
Commissioner Romero shared the parking concerns that were expected to grow and may impact communities where ADUs are more prominent than others.

Ms. Campbell acknowledged the concerns and commented every time new state laws are passed staff is surprised with the amount of change happening. She also acknowledged incentives to build ADUs did not take into account the local context and concerns. She added that this feedback has been shared with the state and staff shares the frustration. Staff also recognized Union City has a higher-than-average population per household resulting in more cars.

Mr. Patel understood the concerns with the no parking requirements and the limited, if any, design standards for ADUs. He pointed out the City’s current ordinance did not require any parking for ADUs.

Ms. Campbell commented in the past the City has been able to require replacement parking when a garage is converted into an ADU but that has not been included in the last iteration.

Mr. Patel reiterated the other goals of the text amendments are to simplify the regulations. Mr.

Patel added that under state law, if the ADU is less than 800 square feet, even if the City has additional design standards, those standards cannot be imposed on an ADU less than 800 square feet in size. Mr. Patel further added that in the interest of supporting the commitments contained in the Housing Element to promote ADUs and reduce barriers, the changes help to implement those programs.

Commissioner Romero asked how safety is taken into consideration given there has been issues with structures being too close together, and he asked whether it is prudent for the City to reduce the setbacks for an ADU as reflected in the PowerPoint presentation.

Mr. Patel explained the zero to 4-foot setback range for ADUs is allowed by state law but it did not mean an ADU with a zero setback will be automatically approved since it is still subject to fire and building code requirements.

Commissioner Romero is pleased there will be other restrictions in place to ensure privacy, security and safety.

Commissioner Guio asked for clarification of the height limit for an ADU.

Mr. Patel stated generally for a detached ADU, the height limit is 16 feet. He added if the unit is close to transit, as defined by state law, an ADU is allowed to be as high as 18-feet or allowed another two feet for a total of 20 feet in height if the ADU matches the height and slope of the roof of the primary dwelling.

Commissioner Guio commented on the City’s goals for ADU production, as shown in the PowerPoint presentation, and based on the numbers if the percentages remain the same over a longer period of time the City will build less ADUs than in the past.

Mr. Patel described it as more art than science with a number of variables that come into play.

He again clarified the number of ADUs constructed between 2018 and 2024 as shown in the PowerPoint presentation. He noted often times a building permit is pulled and a project is found to be too costly and the applicant may not move forward with the project and added that HCD has changed its standardized reporting forms over the years and it is not uncommon to have a data gap between the forms required in 2018 and those updated and required in 2024 and again in 2025, with the intent of the changes in the forms to make the process better. He added that there has also been a lack of clarity on whether JADUs are reported on, which was later clarified that ADUs and JADUs are counted toward the ADU category.

City Council/RSA Agenda 134 Tuesday, March 11, 2025
Planning Commission Minutes 5 February 6, 2025
Mr. Patel stated a future presentation will be made to the Planning Commission on the annual progress report and staff is hopeful that in 2025, the number of ADU production will increase. He also detailed the numbers of ADUs statewide permitted and completed between 2018 and 2023 based on data from HCD.

Commissioner Guio asked if the address of the ADU would be separate from the main residence.

Mr. Patel advised address assignments are handled through the Building Division.

Ms. Campbell clarified each unit will have its own address to minimize confusion for first responders.

Commissioner Guio asked about the number of ADUs and JADUs allowed for a home.

Mr. Patel clarified for a Single-Family home no more than one JADU is allowed and no more than two ADUs under certain scenarios. He added that if part of an existing home is converted into an ADU, the property owner will still be allowed under state law one detached 800 square-foot ADU but clarified that two external ADUs would not be allowed.

Vice Chairperson Mclelland asked if ADUs can be used as an Airbnb and any related enforcement action.

Mr. Patel explained the unit must be rented for a term that is more than 30-days as defined for Short-Term Rentals (STRs), which are enforced through complaints.

Ms. Campbell commented there are firms that provide a list of all of the units being rented in Union City that are STRs, which can be cross-referenced with City information. She further clarified that the City’s code enforcement process is complaint driven.

Commissioner Sandu asked if water and PG&E are separate for the ADU.

Mr. Patel stated that will depend on the type of ADU. Any ADU that is converted from existing space with no new square footage being added is exempt under state law and new or separate connections are not required. Mr. Patel added that a detached ADU may require separate connections and the City leaves that to the individual utility provider. He added that under the proposed ordinance, lot coverage no longer dictates the size of the ADU and clarified that impact fees are collected proportional to the primary residence.

Commissioner Romero asked when an ADU is built will sprinklers or other safety elements be required.

Mr. Patel clarified if the primary dwelling is not sprinklered, the ADU did not need to be sprinklered.

He also clarified this portion of state ADU law will supersede that portion of the Building Code.

Commissioner Romero asked if grandfathering of an ADU is allowed.

Ms. Campbell commented there are requirements in place already at the state level that include a process to legalize illegally constructed ADUs,
Vice Chairperson Mclelland asked if ADUs had property tax implications.

Mr. Patel reported a property owner building an ADU will be directed to the County Assessor’s Office.

Ms. Campbell advised the property will be reassessed with the new unit.

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Planning Commission Minutes 6 February 6, 2025
Chairperson Lew thanked staff for the Desk Item. She did not share the concerns regarding parking; particularly if a property owner replaces a two-car garage with an ADU or JADU since there are creative ways to create parking spaces on a property and there is also street parking.

Chairperson Lew asked whether the City will become involved because of an ADU or JADU a property owner paves over existing landscaping to provide more parking.

Ms. Campbell reported staff is looking into the City’s paving requirements. She clarified the City has allowed the paving of a third spot if someone is proposing an ADU or JADU. She added that the City did have restrictive pavement requirements imposed in the 1980s and 1990s due to people paving over their front yards. She added due to drought conditions, the construction of ADUs and JADUs, and the availability of off-street parking, staff will be looking at the City’s existing paving requirements for possible modification.

Chairperson Lew referenced Attachment 2, Proposed Amendments – Summary of Changes and asked if staff helped to create the spreadsheet included in the attachment.

Ms. Campbell recognized the references to state law had taken time and are helpful to the Planning Commission.

Chairperson Lew commended Mr. Patel for the creation of the spreadsheet which she described as “a work of art” and a pleasure to read.

PUBLIC HEARING OPENED
There were no comments from the public.

PUBLIC HEARING CLOSED
Commissioner Guio moved that the Planning Commission adopt a resolution, as modified by the Desk Item, recommending the City Council approve Zoning Text Amendment (AT-25-001), confirming this action.

Vice Chairperson Mclelland seconded. A Roll Call vote was taken.

The motion passed 3-1-1.

AYES: Lew, Guio, Romero
NOES: Mclelland
ABSTAIN: Sandhu
ABSENT: None

7. SUPPLEMENTAL STAFF REPORTS
A. CONTINUED REPORTS: None
B. NEW REPORTS: None

8. ECONOMIC DEVELOPMENT REPORTS: None

9. COMMISSION MATTERS
A. Follow-Up on Planning Commission Referrals to the City Council There is no report.

City Council/RSA Agenda 136 Tuesday, March 11, 2025
Planning Commission Minutes 7 February 6, 2025
B. Upcoming Applications for the Regular Planning Commission Meeting on February 20, 2025
Ms. Campbell reported that the meeting of February 20, 2025 will include a use permit application for a new Day Care Facility in the Historic Alvarado District and the Election of Officers. She added that she will be out of town for that meeting and Derek Farmer, Planning Manager, will be covering for her.

10. GOOD OF THE ORDER
Commissioner Guio reported the Father/Daughter Sweetheart Ball is scheduled for February 7, 2025, at 6:30 p.m. at the Ruggieri Center; Valentine’s Day is February 14, 2025 and the Lions Club Crab Feed is scheduled for February 22, 2025 from 5:00 to 9:00 pm. at the Southern Alameda County Buddhist Church with tickets at $80 per person.

Commissioner Romero recognized Tracey Barragan, Administrative Assistant III and Ms.

Campbell for their assistance in setting up his training.

Ms. Campbell announced the City Council appointed a new Alternate Planning Commissioner, Francisco Elizando. She added Alternate Commissioner Kevin Finnerty’s term expired and she thanked him for his service to the City. She also reminded everyone of the Station District Joint City Council/Planning Commission Tour scheduled for Saturday, February 8, 2025 at Studio 11 at 10:00 a.m. with those interested in attending asked to speak with her after the meeting.

Ms. Campbell added the next City Council meeting will include a Study Session for Station East Phases II and III in order to obtain policy guidance due to the potential conversion of Industrial land to Residential. She added that should the City Council provide direction, the project will move forward and be presented to the Planning Commission for review later in the year.

Commissioner Romero asked if there are any plans for the community to see any updates for the project.

Ms. Campbell explained the Joint City Council/Planning Commission Tour on February 8 from 10:00 am to 12:00 pm and is open to the public and added that the tour has been noticed as a public meeting where anyone may attend, with people to be driven by bus to view the different areas of the project.

11. ADJOURNMENT: 8:04 P.M.

City Council/RSA Agenda 137 Tuesday, March 11, 2025
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PLANNING COMMISSION RESOLUTION NO. 2-25

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING TEXT AMENDMENT (AT-25-001) TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE (UCMC) TO SUPPORT IMPLEMENTATION PROGRAM HE-2.D OF THE CITY’S 2023-2031 HOUSING ELEMENT BY RESCINDING AND REPLACING UCMC CHAPTER 18.34, ACCESSORY DWELLING UNITS, TO COMPLY WITH GOVERNMENT CODE § 66310 ET SEQ.; AND AMENDING UCMC CHAPTERS 18.08, DEFINITIONS; 18.31, SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS;

18.32, RESIDENTIAL DISTRICTS; AND 18.33, AFFORDABLE HOUSING, FOR CONSISTENCY WITH THE UPDATES TO CHAPTER 18.34.

WHEREAS, the Legislature of the State of California (Legislature) has found and declared that accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are a valuable form of housing in California, providing housing for diverse populations at below-market rates, benefiting homeowners with added income and security, increasing rental housing stock, and addressing the state’s severe housing crisis by offering lower-cost housing options within existing neighborhoods, all of which are essential components of California’s housing supply and contribute to the state’s economic well-being, environmental sustainability, and the well-being of its citizens; and WHEREAS, the Legislature has enacted laws establishing standards for ADUs and JADUs and circumscribed local authority to regulate such units; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide the creation and regulation of ADUs and JADUs; and WHEREAS, on May 11, 2021, the City of Union City (City) adopted Ordinance No. 883-21 to amend Title 18, Zoning, of the Union City Municipal Code (UCMC) to add Chapter 18.34, Accessory Dwelling Units, and to make other miscellaneous changes (AT21-001) in compliance with updates to state laws related to ADUs and JADUs; and WHEREAS, since the adoption of Ordinance No. 883-21, the State Legislature has approved, and the Governor has signed into law, a number of bills that, among other Attachment 5
City Council/RSA Agenda 138 Tuesday, March 11, 2025
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things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City is proposing Zoning Text Amendment (AT-25-001) to amend provisions listed in Title 18, Zoning, of the UCMC; and WHEREAS, the amendments would support Implementation Program HE-2.D of the City’s 2023-2031 Housing Element by rescinding and replacing UCMC Chapter 18.34, Accessory Dwelling Units, and update provisions related to the objective standards and other requirements that do not unreasonably restrict the production of ADUs and JADUs in compliance with new state law; and
WHEREAS, the amendments also comprise minor updates to UCMC Chapters

18.08, Definitions; 18.31, SB 9 Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing, for consistency with the proposed changes to Chapter 18.34, Accessory Dwelling Units; and WHEREAS, UCMC Chapter 18.64 authorizes the Planning Commission to review and make recommendations to the City Council on amendments to UCMC Title 18, Zoning; and
WHEREAS, on January 17, 2025, notice of the Planning Commission public hearing was published in The Argus newspaper in compliance with Government Code § 65854; and
WHEREAS, in compliance with Government Code § 65854, on February 6, 2025 the Planning Commission held a duly noticed public hearing to consider the amendments, receive a Staff Report and Presentation dated February 6, 2025, take public testimony, and deliberate on the item; and
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED, that the Planning Commission of the City of Union City hereby recommends approval of the proposed amendments [Zoning Text City Council/RSA Agenda 139 Tuesday, March 11, 2025
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Amendment (AT-25-001)], as shown in the Draft Ordinance1 and incorporated herein by reference, to the City Council, and does hereby find as follows:

1. The proposed amendments are exempt from environmental review per the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding ADUs and JADUs in a single-family or multifamily residential zone to implement Government Code § 66310 et seq.

2. The proposed amendments ensure that local regulations support, rather than restrict, ADU development, which helps to address the City’s housing needs and expand affordable housing options.

3. The proposed amendments are consistent with the General Plan, mainly the Housing Element. Specifically, the proposed amendments implement Housing Element Program HE-2.D by simplifying ADU regulations to enhance clarity and ease of development, particularly regarding size, setbacks, and design standards.

By addressing potential barriers, streamlining the approval process, and incorporating best practices, the proposed amendments align with state law and promote ADU development.

4. The proposed amendments are necessary and desirable to achieve the purposes of Title 18 because the amendments will ensure the City is in compliance with the recent updates to state housing laws and objectives.
1 The Draft ordinance includes Exhibit A, Zoning Text as Amended (Clean Version) and Exhibit B, Zoning Text as Amended (Redlined Version).

City Council/RSA Agenda 140 Tuesday, March 11, 2025
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I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on February 6, 2025, by the following vote:

AYES: 3 (Guio, Lew, Romero)
NOES: 1 (Mclelland)
ABSTAIN: 1 (Sandhu)
ABSENT:

MOVED: Commissioner Guio
SECONDED: Commissioner Mclelland

APPROVED
Jo Ann Lew, Chairperson
ATTEST:

Carmela Campbell, Secretary
City Council/RSA Agenda 141 Tuesday, March 11, 2025
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ORDINANCE NO. ______-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY FOR ZONING TEXT AMENDMENT (AT-25-001) TO AMEND TITLE 18, ZONING, OF THE

UNION CITY MUNICIPAL CODE (UCMC) TO SUPPORT IMPLEMENTATION PROGRAM HE-2.D OF THE CITY’S 2023-2031 HOUSING ELEMENT BY RESCINDING AND REPLACING UCMC CHAPTER 18.34, ACCESSORY DWELLING UNITS, TO COMPLY WITH GOVERNMENT CODE § 66310 ET SEQ.; AND AMENDING UCMC CHAPTERS 18.08, DEFINITIONS; 18.31, SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS; 18.32, RESIDENTIAL DISTRICTS; AND 18.33,

AFFORDABLE HOUSING, FOR CONSISTENCY WITH THE UPDATES TO CHAPTER

18.34. WHEREAS, the Legislature of the State of California (Legislature) has found and declared that accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are a valuable form of housing in California, providing housing for diverse populations at below-market rates, benefiting homeowners with added income and security, increasing rental housing stock, and addressing the state’s severe housing crisis by offering lower-cost housing options within existing neighborhoods, all of which are essential components of California’s housing supply and contribute to the state’s economic well-being, environmental sustainability, and the well-being of its citizens; and WHEREAS, the Legislature has enacted laws establishing standards for ADUs and JADUs and circumscribed local authority to regulate such units; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide the creation and regulation of ADUs and JADUs; and WHEREAS, on May 11, 2021, the City of Union City (City) adopted Ordinance No. 883-21 to amend Title 18, Zoning, of the Union City Municipal Code (UCMC) to add Chapter 18.34, Accessory Dwelling Units, and to make other miscellaneous changes (AT21-001) in compliance with updates to state laws related to ADUs and JADUs; and WHEREAS, since the adoption of Ordinance No. 883-21, the State Legislature has approved, and the Governor has signed into law, a number of bills that, among other City Council/RSA Agenda 142 Tuesday, March 11, 2025
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Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City Council desires to amend the City’s Zoning Ordinance provisions pertaining to ADUs and JADUs to comply with new state law; and WHEREAS, the amendments would support Implementation Program HE-2.D of the City’s 2023-2031 Housing Element by rescinding and replacing UCMC Chapter 18.34, Accessory Dwelling Units, and update provisions related to the objective standards and other requirements that do not unreasonably restrict the production of ADUs and JADUs in compliance with new state law; and
WHEREAS, the amendments also comprise minor updates to UCMC Chapters

18.08, Definitions; 18.31, SB 9 Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing, for consistency with the proposed changes to Chapter 18.34, Accessory Dwelling Units; and

PLANNING COMMISSION REVIEW
WHEREAS, the UCMC authorizes the Planning Commission to review and make recommendations to the City Council on amendments to UCMC Title 18, Zoning; and WHEREAS, on January 17, 2025, notice of the Planning Commission public hearing was published in The Argus newspaper in compliance with Government Code § 65854; and
WHEREAS, on February 6, 2025, the Planning Commission held a duly noticed public hearing to consider the amendments, receive a Staff Report and Presentation dated March 25, 2025, take public testimony, deliberate on the item, and adopted Resolution No. _____ -25, recommending approval of the amendments. The Staff Report and Resolution are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, on _______________________________, notice of the City Council public hearing was published in The Argus newspaper in compliance with California Government Code § 65090; and
City Council/RSA Agenda 143 Tuesday, March 11, 2025
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Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

WHEREAS, on _______________________________, the City Council held a duly noticed public hearing to consider the amendments, receive a Staff Report and Presentation dated _______________________________, and incorporated herein by reference, review the Planning Commission’s recommendation, and take public testimony, and deliberate on the item before taking action on the amendments; and WHEREAS, the amendment to UCMC Title 18 is shown in Exhibit A, which is attached hereto and incorporated by reference; and
WHEREAS, a red-lined version of the amendment to UCMC Title 18 is shown in Exhibit B, which is attached hereto and incorporated by reference.

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

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

SECTION 2. CEQA
Approval of Zoning Text Amendment (AT-25-001) is exempt from environmental review per the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15282(h), as well as Public Resources Code § 21080.17, which provides a statutory exemption for ordinances regarding ADUs and JADUs in a singlefamily or multifamily residential zone to implement Government Code § 66310 et seq.

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

1. The proposed amendments ensure that local regulations support, rather than restrict, ADU development, which helps to address the City’s housing needs and expand affordable housing options.

2. The proposed amendments are consistent with the General Plan, mainly the Housing Element. Specifically, the proposed amendments implement Housing Element Program HE-2.D by simplifying ADU regulations to enhance clarity and ease of development, particularly regarding size, setbacks, and design standards.

By addressing potential barriers, streamlining the approval process, and City Council/RSA Agenda 144 Tuesday, March 11, 2025
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Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

incorporating best practices, the proposed amendments align with state law and promote ADU development.

3. The proposed amendments are necessary and desirable to achieve the purposes of Title 18 because the amendments will ensure the City is in compliance with the recent updates to state housing laws and objectives.

SECTION 4. Approval
The City Council hereby approves the amendments to the UCMC, as described above and as shown in Exhibit A, which is attached hereto and incorporated herein by reference.

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

SECTION 6. Publication and Effective Date
Within fifteen (15) days from and after adoption, this Ordinance shall be published once in The Argus, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with Government Code § 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 145 Tuesday, March 11, 2025
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Ordinance No. ______-25
Zoning Text Amendment (AT-25-001)

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

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED:

SECONDED:

GARY SINGH
Mayor
ATTEST: APPROVED AS TO FORM:

THAI N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 146 Tuesday, March 11, 2025
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ORDINANCE NO. _____ – 25: EXHIBIT A
AT-25-001: Zoning Text Amendments (Clean Version)
I. CHAPTER 18.08. DEFINITIONS
Union City Municipal Code (UCMC) Chapter 18.08, Definitions, is amended to rescind and replace the sections below as follows:
§ 18.08.205 Dwelling, accessory.
“Accessory dwelling” (ADU) means an “accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
§18.08.206 Dwelling, junior accessory
“Junior accessory dwelling” (JADU) means a “junior accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

II. CHAPTER 18.31. SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS Chapter 18.31, SB 9 Subdivisions and Development Projects, is amended to modify the section below:
§18.31.020 Definitions.

For purposes of this chapter, the following definitions apply:

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“Dwelling unit” means a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.08.
“Primary dwelling unit” means the single-family residence on the property prior to the approval of an SB 9 unit or urban lot split.
“SB 9 housing development” means a project containing one or more SB 9 units and may include an urban lot split.
“SB 9 unit” means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter. “Urban lot split” means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.

III. CHAPTER 18.32. RESIDENTIAL DISTRICTS
Chapter 18.32, Residential Districts, is amended to modify the section below:
§ 18.32.060 Site area per dwelling unit.

A. In the single-family residential districts, including the R, RS, RS(s), and 511 districts, no more than one principal dwelling unit and one accessory dwelling unit shall be located on each site unless otherwise permitted under Chapters

18.31, 18.34, or state law.

IV. CHAPTER 18.33. AFFORDABLE HOUSING
Chapter 18.33, Affordable Housing, is amended to modify the section below:
§18.33.020 Definitions.

For purposes of this chapter, each of the following terms is defined as follows:
“Additions” are increases in habitable space to an existing building or structure. “Affordable housing program” means a method for providing the affordable housing units in the proposed project, a method for a payment in-lieu of providing affordable units, or a combination thereof, pursuant to Section 18.33.060(H). “Affordable unit” means an ownership or rental housing unit, including senior housing, affordable by households with very low, low or moderate incomes as defined in this chapter. The unit shall be deemed affordable if it meets the requirements of Health and City Council/RSA Agenda 148 Tuesday, March 11, 2025
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Safety Code Section 50052.5(b) for owner occupied housing and Section 50053(b) for rental housing.
“Developer” means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City. “Habitable space” means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes.
“Housing costs” means the monthly mortgage principal and interest, property taxes, homeowners' insurance, utility allowance and condominium fees, where applicable, for ownership units; and the monthly rent and utility allowance for rental units. “HUD” means the United States Department of Housing and Urban Development or its successor.
“Large project” means a residential development with seven units or more. “Resale controls and/or rent restrictions” means legal restrictions, as set forth by the City of Union City, State and Federal law, by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, low or moderate income households, as applicable, permanently or for the longest period allowed by law. Such resale controls and/or rental restrictions shall generally be consistent with the requirements of Health and Safety Code Section 33334.3(f), as amended from time to time, and as may be more particularly set forth in this chapter. With respect to rental units, such rent restrictions shall generally be in the form of a regulatory agreement recorded against the applicable property. With respect to owner occupied units, such resale controls shall generally be in the form of resale restrictions, deeds of trust and/or other similar documents recorded against the applicable property. “Residential development” includes, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.
“Residential project” includes contiguous or non-contiguous parcels that have one or more applications filed within a 24 month period and which are under the same ownership.
“Small project” means a residential development with six units or less.

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“Very low, low and moderate income levels” means those income and eligibility levels determined periodically by the United States Department of Housing and Urban Development based on the Oakland Standard Metropolitan Statistical Area (SMSA) median income levels by family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income and will be recertified as set forth by local standards, State and Federal housing law.

1. “Very low income” means 50% or under of the SMSA median, adjusted for actual household size.

2. “Low income” means 51% to 80% of the SMSA median, adjusted for actual household size.

3. “Moderate income” means 81% to 120% of the SMSA median, adjusted for actual household size.

V. CHAPTER 18.34. ACCESSORY DWELLING UNITS
UCMC Chapter 18.34, Accessory Dwelling Units, is rescinded and replaced to read as follows:
§ 18.34.010 Purpose.

The purpose of this section is to implement Government Code Sections 66310 – 66342 by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review. In the event of any conflict or discrepancy between the ADU and/or JADU standards in this Chapter and any other provisions of this Title, the standards contained in this Chapter shall take precedence. §18.34.020 General Requirements.

A. Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and converted from existing floor area, shall be subject to a building permit.

B. Permitting Procedure.

1. Ministerial Review. A permit application for an ADU and/or JADU shall be processed ministerially, without discretionary review or a hearing.

2. Review Period.
a. Developed Lot. If there is an existing single-family or multifamily dwelling on a lot, a permit application for an ADU and/or JADU shall either be denied or approved within 60 days of receipt of a complete application.

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b. Undeveloped Lot. If a permit application to create or serve an ADU and/or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on a lot, the City may delay approving or denying the permit application for the ADU and/or JADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling; however, the application to create or serve the ADU and/or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

3. Deemed Approved. If a complete application is not approved or denied within 60 days of receipt of a complete application, the application shall be deemed approved.

4. Denied Applications. If an application for an ADU and/or JADU is denied within 60 days of receipt of a complete application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

5. Nonconforming Conditions. No application for a permit to create an ADU and/or JADU shall be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that:
a. Do not present a threat to public health and safety; and b. Are not affected by the construction of the ADU and/or JADU.

C. Separate Entrance. ADUs and/or JADUs shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling.

D. Separate Address. ADUs and/or JADUs shall provide a separate address from the primary dwelling.
§18.34.030 ADU Regulations.

A. General Plan and Zoning.

1. Residential Use. ADUs approved in compliance with this chapter shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

2. Permitted Locations. ADUs are permitted on lots with an existing or proposed single-family or multifamily dwelling in areas zoned to allow single-family or multifamily residential use.

3. Density. ADUs shall not count toward the maximum density permitted on the lot.

B. ADU Typology. ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar City Council/RSA Agenda 151 Tuesday, March 11, 2025
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uses or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

C. Objective Standards.

1. Number of ADUs.
a. Single-Family ADUs.
i. In addition to a JADU, no more than two ADUs shall be permitted on the same lot that has an existing or proposed single-family dwelling as follows:
(A) One attached or detached, new construction ADU, or
(B) One detached, new construction ADU that does not
exceed 800 square feet and one ADU that is within
the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure and may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the
existing accessory structure shall be limited to
accommodating ingress and egress.
b. Multifamily ADUs.
i. Conversion ADUs. A minimum of one ADU and a maximum
of 25-percent of the total number of existing multifamily dwelling units shall be permitted to be converted from
existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the State building standards for dwellings.
ii. Detached ADUs.
(A) Existing Multifamily Dwelling. On a lot with an
existing multifamily dwelling, not more than eight
detached ADUs shall be permitted. The number of
ADUs shall not exceed the number of existing
multifamily units on the lot.
(B) Proposed Multifamily Dwelling. On a lot with a
proposed multifamily dwelling, not more than two
detached ADUS shall be permitted.

2. Size. The maximum allowable square footage for ADUs shall not exceed the area limitations specified below. For the purposes of this section, the City Council/RSA Agenda 152 Tuesday, March 11, 2025
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calculation of ADU square footage shall not comprise garages, carports, covered porches/patios, breezeways, and/or other accessory structures. a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to any size limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
area shall not exceed 1,000 square feet.
ii. Detached ADUs. Detached ADUs created from new floor area shall not exceed 1,200 square feet.

3. Height.
a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to height limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
shall not exceed a height of 30 feet or the maximum height permitted in the underlying zoning district. In all cases, ADUs shall not exceed two stories.
ii. Detached ADUs. Detached ADUs created from new floor area, on a lot with an existing or proposed single family or multifamily dwelling unit, shall not exceed a height of 16 feet, or a height of 18 feet if either of the following conditions are met:
(A) Transit Proximity. The lot on which the ADU will be created is within one-half mile walking distance of a
major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code
Section 21155. An additional height of two feet, for a
maximum height of 20 feet, shall be allowed to
accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
(B) Multifamily, Multistory Structure. The lot on which the ADU will be created consists of an existing or
proposed multifamily, multistory dwelling.

4. Setbacks.
a. Existing Floor Area. ADUs located within an existing living area or an existing accessory structure, or ADUs that replace an existing structure and are in the same location and to the same dimensions as the structure being replaced, shall not be subject to setbacks. b. New Floor Area. ADUs created from new floor area are subject to the following setbacks:

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i. Front Yard. Same as the underlying district, unless the ADU is no greater than 800 square feet in size, in which case, no front-yard setback applies.
ii. Side Yard. A minimum of four feet.
iii. Rear Yard. A minimum of four feet.

5. Parking. ADUs shall not be subject to the City’s minimum parking requirements. Additionally, replacement parking shall not be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. A demolition permit for a detached garage to be replaced with an ADU shall be reviewed and issued concurrently with the ADU permit application.

6. Historic Resources. An ADU that involves exterior modifications to structures listed in the California Register of Historical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

D. Building Code Requirements. ADUs must comply with the City’s building code requirements for detached dwellings. However, constructing an ADU does not constitute a Group R occupancy change under Section 310 of the California Building Code (Title 24), unless the Building Official issues a written finding, supported by substantial evidence, that the construction poses a specific, adverse impact on public health and safety. This provision shall not prevent the City from changing the occupancy code for spaced converted from uninhabitable or non-residential use to residential use.

E. Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

F. Impact Fees. ADUs that are 750 square feet or larger shall be subject to all applicable impact fees. Impact fees shall be charged proportionally in relation to the square footage of the primary dwelling unit. As ascribed in Government Code Section 66324, as the same may be amended from time to time, and reprinted here for reference, “impact fee” means:

A “fee” as defined in subdivision (b) of [Government Code] Section 66000, expect that it also includes fees specified in [Government Code] Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

G. Passageway. No passageway shall be required in conjunction with the construction of an ADU. As ascribed in Government Code Section 66313, as the City Council/RSA Agenda 154 Tuesday, March 11, 2025
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same may be amended from time to time, and reprinted here for reference, “passageway” means:

A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

H. Separate Sale. Except as permitted by Government Code Section 66341, as the same may be amended from time to time, ADUs shall not be sold or conveyed separately from the primary dwelling.

I. Sewage. ADUs using a private sewage disposal system shall obtain approval by the local health officer.

J. Short-Term Rental Limitation. ADUs shall not be rented for a term of less than 30 days.

K. Utility Connection. ADUs constructed within the proposed space of a primary dwelling or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU pursuant to Government Code Section 66341. §18.34.040 JADU Regulations.

A. Permitted Locations. JADUs shall be permitted in single-family residential zones.

B. Number of JADUs. In addition to any ADUs, no more than one JADU shall be permitted per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot.

C. Size. JADUs shall be limited to a maximum size of 500 square feet in floor area.

D. Owner Occupancy. JADUs shall be subject to owner-occupancy either in the remaining portion of the single-family residence or the newly created JADU.

Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

E. Deed Restriction. A recordation of a deed restriction, which shall run with the land, shall be filed with the City. The deed restriction shall include:

1. A prohibition of the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers; and

2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 – 66339.

F. Interior Entry. In addition to a separate exterior entrance, JADUs that do not comprise a bathroom shall include an interior entry to the main living area of the single-family residence.

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G. Efficiency Kitchen. JADUs shall provide an efficiency kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

H. Parking. No parking spaces (additional or replacement) shall be required as a condition of permitting a JADU, even when the JADU is converted from an attached garage.

I. New or Separate Unit. JADUs shall not be considered a separate or new dwelling unit for the purposes of:

1. Any fire and life protection ordinance or regulation.

2. Providing service for water, sewer, or power, including a connection fee.

VI. STATUTORY REFERENCES FOR CALIFORNIA CITIES
Title SR, Statutory References for California Cities, is amended to modify the section below:
§SR.010 General Provisions.

Subject Reference
Accessory dwelling units Gov’t Code § 66310 et seq.

Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 Classifications of cities Gov’t Code §§ 34100 – 34102
Code adoption Gov’t Code §§ 50022.1 – 50022.10
Conflict of interest code Gov’t Code § 87100 et seq.

Elections Gov’t Code
§§ 34050 and 36503 and Elec.

Code §§ 1301, 9200 et seq.,
and 10100 et seq.

Expedited judicial review of First Amendment
cases
Civ. Proc. Code § 1094.8
False petitions Gov’t Code § 34093
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Subject Reference
General powers Gov’t Code § 37100 et seq. and Cal.

Const. Art. XI, § 7
Imprisonment Gov’t Code §§ 36901, 36903 – 36904
Initiative and referendum Cal. Const. Art. XI, § 7.5 and Elec.

Code §§ 9200 et seq., and 9235 et
seq.

Judicial review of city decisions Civ. Proc. Code § 1094.6 Ordinances Gov’t Code § 36900 et seq.

Penalties for ordinance violations Gov’t Code § 36900 et seq.

Police power Cal. Const. Art. XI, § 7
Procedure for enactment or revision of city
charters
Gov’t Code § 34450 et seq.

Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 City Council/RSA Agenda 157 Tuesday, March 11, 2025
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