Agenda packet, regular meeting — Union City City Council, September 9, 2025

September 9, 2025 | 7:00 PM Page 1 of 4
City Council / Successor Agency
Regular Meeting Agenda

NOTICE AND AGENDA

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)
JAIME PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, September 9, 2025 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER

1.1. Pledge of Allegiance

1.2. Roll Call

1.3. Report Out of Closed Session

2. PROCLAMATIONS AND PRESENTATIONS

2.1. Proclamation Recognizing September 15 - October 15, 2025, as Hispanic Heritage Month

2.2. Proclamation In Recognition of September 2025 as National Preparedness Month

2.3. Presentation on Union City Community Emergency Response Team

3. ORAL COMMUNICATIONS
Each person who wishes to speak during the Oral Communications section for non-agenda items will have up to three minutes. The Chair may shorten this time if there are many speakers or the City Council has a full agenda. If you want to speak during the first Oral Communications section, please complete a speaker card with your name and city of residence. You may also provide a mailing address if you would like to receive future information from the City. Filling out a speaker card and providing your name, city of residence, or mailing address is not required to speak, but it helps keep accurate records.

September 9, 2025 | 7:00 PM Page 2 of 4
City Council / Successor Agency
Regular Meeting Agenda

4. CONSENT CALENDAR
All items listed under the Consent Calendar are considered routine and will be approved together with one motion. If any item requires discussion, it will be removed from the Consent Calendar and discussed separately.

4.1. Approve the August 12, 2025 City Council Regular Meeting Action Minutes

4.2. Approve the August 23, 2025 City Council Strategic Planning Session (Special Meeting) Action Minutes

4.3. Adopt a Resolution of the City Council of the City of Union City Setting the 2026 Calendar Year City Council Meeting Schedule

4.4. Adopt a Resolution of the City Council of Union City Amending the 2025 Commission Norms and Guidelines – Inclusion of AB 1661 Harassment Prevention Training Requirements and 24-Month Ineligibility Provision

4.5. Adopt a Resolution Authorizing the Acceptance of Office of Traffic Safety Selective Traffic Enforcement Program Grant Funds, in the Amount of $95,000, for Fiscal Year 2025-2026, and Amending the Fiscal Year 2025- 2026 OTS Fund Budget

5. CITY MANAGER REPORTS

5.1. Adopt a Resolution Accepting the Parks and Recreation Master Plan Workplan

5.2. Overview of Proposition 218 Procedure for an Increase in Assessment for the Citywide Landscape and Lighting District No. 3, and Other Revenue Options; Adoption of Resolution Forming a Revenue Review Ad Hoc Subcommittee and Approving Mayoral Appointments

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY

7. ITEMS REFERRED BY COUNCIL

8. GOOD OF THE ORDER

9. 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.

Meetings are broadcast live on UCTV Channel 15 and live-streamed on the City's website:
https://bit.ly/3x9mEiR.

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.

September 9, 2025 | 7:00 PM Page 3 of 4
City Council / Successor Agency
Regular Meeting Agenda
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 September 9, 2025 | 7:00 PM Page 4 of 4
City Council / Successor Agency
Regular Meeting Agenda
Manager in advance so we can avoid surprising City staff at meetings.

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

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

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

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

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the 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 Staff Report Page 1 of 1 September 9, 2025 Agenda Item No. 2.1
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Proclamation Recognizing September 15 - October 15, 2025, as Hispanic Heritage Month
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Proclamation
5 of 98

CITY OF UNION CITY

PROCLAMATION

Recognizing September 15, 2025 – October 15, 2025 as Hispanic Heritage Month
WHEREAS, every year from September 15 to October 15, the United States celebrates National Hispanic Heritage Month to honor the history, culture, and contributions of people with roots in Spain, Mexico, the Caribbean, and Central and South America; and WHEREAS, this celebration began in 1968 as a week-long event and grew to a month-long observance in 1988, showing the lasting importance of Hispanic and Latino communities in shaping our nation; and
WHEREAS, the theme for 2025, “Collective Heritage: Honoring the Past, Inspiring the Future,” reminds us that by remembering the struggles and successes of the past, we can inspire the next generation to build an even brighter future; and WHEREAS, Hispanic and Latino communities bring richness to Union City through language, traditions, food, music, art, business, and leadership, strengthening our city’s growth and spirit; and
WHEREAS, Union City is proud to celebrate this heritage and to continue building a community that values inclusion, respect, and the uniqueness of all cultures.

NOW, THEREFORE, I, Gary Singh, Mayor of the City of Union City, together with the entire City Council, do hereby proclaim September 15, 2025 – October 15, 2025, as Hispanic Heritage Month in Union City and encourage all residents to join us in honoring and celebrating the past, present, and future contributions of Hispanic and Latino communities.

DATED: September 9, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
6 of 98
City Council Staff Report Page 1 of 1 September 9, 2025 Agenda Item No. 2.2
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Proclamation In Recognition of September 2025 as National Preparedness Month
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Proclamation
7 of 98

CITY OF UNION CITY

PROCLAMATION

In Recognition of September 2025 as National Preparedness Month WHEREAS, National Preparedness Month is observed each September to raise awareness about being ready for emergencies and disasters; and WHEREAS, this month is a chance for all residents to prepare their homes, businesses, and neighborhoods for any type of emergency, whether natural, technological, or humancaused; and WHEREAS, planning before a disaster is the best way to keep families safe and help the community recover quickly; and
WHEREAS, the 2025 theme is A Lasting Legacy: The life you’ve built is worth protecting, which encourages us to safeguard our homes, families, and future; and WHEREAS, residents are urged to sign up for emergency alerts at ACAlert.org and to prepare an emergency “Go Kit” with supplies for the home, workplace, and car; and WHEREAS, emergency preparedness is a responsibility shared by all residents, businesses, and civic groups, working together to make our community stronger and safer; and WHEREAS, the City of Union City and the Community Emergency Response Team (CERT) support this mission by providing public education, teaching life-saving skills, and hosting monthly trainings and community events.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby proclaim the month of September 2025 as National Preparedness Month and calls upon community members and civic organizations to prepare and evaluate their emergency plans, as well as participate in emergency preparedness trainings and activities.

DATED: September 9, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
8 of 98
City Council Staff Report Page 1 of 1 September 9, 2025 Agenda Item No. 2.3
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Presentation on Union City Community Emergency Response Team Prepared by: Ricardo Martinez, Emergency Services Coordinator Submitted by: Jennifer Phan, Deputy City Manager
Attachments

1. PowerPoint Presentation
9 of 98
Union City CERT
10 of 98

2 City Preparedness Update
Agenda:
qWhat is CERT
qWhat CERT can do for our community
qUnion City CERT Information
qUnion City CERT Volunteer Hours
qQuestions
11 of 98

3 City Preparedness Update
What is CERT?
qCommunity Program which Educates Volunteers about Disaster Preparedness qStrives to familiarize citizens with facts about what to expect following a major disaster qGives people the decision-making, organizational, and practical skills to help family members, neighbors until professional responders arrive 12 of 98

4 City Preparedness Update
What can CERT do for our community?
q Fire Extinguisher
q Light Search and Rescue
q Traffic Control
q Cribbing
q Assist with radio communications (Ham Radio)
q Assist first responder wherever needed allowing them to focus on their responsibilities to the community
13 of 98

5 City Preparedness Update
Union City CERT:
qHolds monthly trainings focused on preparedness
qParticipates in community events, sharing preparedness information.
qAnyone 18 or older can participate in CERT
qHave trained 150+ community members to date
14 of 98
6 Community Outreach
New Havens Day
National Night Out
SACBC Festival
St. Anne Festival
Monthly Trainings
Conducted every 2nd
Wednesday of each Month
Quarterly Trainings
Training held two times a
year for Union City CERT
members only
Administration
Board meetings
General meetings
Admin work
CERT Volunteer Hours
92 569*
315
42 * FEMA estimated hourly value for volunteer hours $34.79 = $19,795.51 current volunteer hours for Union City CERT
120
15 of 98
City Council Staff Report Page 1 of 1 September 9, 2025 Agenda Item No. 4.1
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the August 12, 2025 City Council Regular Meeting Action Minutes

RECOMMENDATION
Staff recommends Council to approve the minutes.

Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Action Minutes
16 of 98

Page 1 of 9 ends

MINUTES

CITY COUNCIL

CITY COUNCIL/SUCCESSOR 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, August 12, 2025 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER

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

1.2. Roll Call
Attendance Attendee Name
Present Lance Nishihira, Councilmember
Jaime Patiño, Councilmember
Jeff Wang, Councilmember
Scott Sakakihara, Vice Mayor
Gary Singh, Mayor
Absent None

2. UNFINISHED BUSINESS - NONE

3. PROCLAMATIONS AND PRESENTATIONS

3.1. Alameda County Water District 2025 Strategic Plan Update Alameda County Water District Director Jim Gunther introduced Special Assistant to the General Manager Jackie McCloud, who presented the item and responded to questions from the council members.

3.2. Union City Friends of Sister Cities Presentation
Union City Friends of Sister Cities Representatives Lee Guio and Pat Gacoscos presented on the item.
17 of 98
August 12, 2025 | 7:00 PM Page 2 of 9
City Council / Successor Agency
Regular Meeting Minutes

3.3. 2025 Fourth of July After Action Report
Police Lieutenant Jimenez presented the item and responded to questions from the City Council.

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

Wendy Huang
Srikanth Bolla and Tanu Bhattacharya
Maria Ramirez
There being no further speakers, Mayor Singh closed Oral Communications.

5. CONSENT CALENDAR
Mayor Singh asked the Council if they wished to pull any items from the Consent Calendar.

Councilmember Nishihira requested Item No. 5.9 be pulled for further discussion. Mayor Singh requested Items Nos. 5.13 and 5.14 be pulled from the Consent Calendar.

Motion: Approve the Consent Calendar items, excluding Items 5.9, 5.13, and 5.14.

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

5.1. Approve the July 22, 2025 City Council Special Study Session Action Minutes
A motion was made to approve the minutes.

5.2. Approve the July 22, 2025 City Council Regular Meeting Action Minutes A motion was made to approve the minutes.

5.3. Approve the July 29, 2025 City Council Special Closed Session Action Minutes
A motion was made to approve the minutes.

5.4. Adopt a Resolution Appointing Barry Ferrier to the Economic Development Advisory Team (EDAT); and Adopt a Resolution Appointing AJ Assef, Harpreet Kaur, Prairna Gupta Garg, Deepti Garg, and Madhu Singh to the Climate Action Plan Update Task Force
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-108 and 2025-109

5.5. Adopt a Resolution Authorizing the City Manager to Enter into a Cooperative Agreement with Alameda County Fire Department (ACFD) for 18 of 98 August 12, 2025 | 7:00 PM Page 3 of 9
City Council / Successor Agency
Regular Meeting Minutes
the Installation of an Alerting System Upgrade to Fire Stations No. 31, No. 32, and No. 33 in the Amount of $312,398.59, Plus a Ten Percent Contingency for a Total Not-to-Exceed of $343,638.45
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-110

5.6. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with Tri- City Economic Development Corporation (DBA, TriCED Community Recycling) to Reauthorize the Use of the $250,000 Grant of Import Mitigation Funds from the City of Union City That Were Provided by the Alameda County Waste Management Authority in 2005 for the Construction of a Community Environmental Education and Training Center
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-111

5.7. Adopt a Resolution of the City Council of the City of Union City Approving and Adopting the Memorandum of Understanding Between the City of Union City and the Operating Engineers Local 3, Professional Employees Group for the Period of January 1, 2025 Through December 31, 2027, Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City and Approving an Amendment to the City's Salary Schedule in Conformance With California Code of Regulations, Title 2, Section 570.5
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-112

5.8. Adopt a Resolution of the City Council of the City of Union City Approving and Adopting the Memorandum of Understanding Between the City of Union City and the Operating Engineers Local 3, Management Employees Group for the Period of January 1, 2025 Through December 31, 2027, Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City and Approving an Amendment to the City's Salary Schedule in Conformance With California Code of Regulations, Title 2, Section 570.5
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-113

5.9. Adopt a Resolution Authorizing the City Manager to Execute the Fourth Amendment with Mark Thomas & Company, Inc., in the Amount of $2,988,000, for a Total Contract Amount of $7,989,191, for The Final Design of Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04
Councilmember Nishihira pulled the item for separate consideration.

5.10. Adopt a Resolution Awarding a Construction Contract to Disney Construction, Inc., in the Amount of $5,533,333, for the At-Grade Pedestrian Crossing at BART, City Project No. 14-14, Approving a Total 19 of 98 August 12, 2025 | 7:00 PM Page 4 of 9
City Council / Successor Agency
Regular Meeting Minutes
Construction Budget of $6,086,666, and Rejecting the Apparent Low Bid by R&S Construction Management, Inc.

A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-114

5.11. Adopt a Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with The KPA Group, in the Amount of $114,500, for the City Hall Workstation Modernization, Phase II, Project, City Project No. 23-40
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-115

5.12. Adopt a Resolution Awarding a Construction Contract to Rosas Brothers Construction, in the Amount of $539,954, for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03, and Approving a Total Construction Budget in the Amount of $647,945
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-116

5.13. Adopt a Resolution Accepting $1,500,000 from the Alameda County Transportation Commission for the Union City Transit Fleet Electrification Project, City Project No. 22-11, Amending the Fiscal Year 2025-2026 Capital Projects Grant Fund Budget, and Authorizing the City Manager to Sign the Project Funding Agreement for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in a Form Approved by the City Attorney Mayor Singh pulled the item for separate consideration.

5.14. Adopt a Resolution Authorizing the City Manager to Execute the Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., in the Amount of $954,000, for a Total Contract Amount of $1,973,950, for the Union City Transit Fleet Electrification Project, City Project No. 22-11, which is Included in the Corporation Yard Master Plan
Mayor Singh pulled the item for separate consideration.

5.9. Adopt a Resolution Authorizing the City Manager to Execute the Fourth Amendment with Mark Thomas & Company, Inc., in the Amount of $2,988,000, for a Total Contract Amount of $7,989,191, for The Final Design of Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04
Public Works Director Ayupan responded to questions from the Council.

Motion: Adopt Consent Calendar Item No. 5.9.

RESULT: Pass
MOVER: Mayor Singh
SECONDER: Councilmember Patiño
AYES: Councilmembers Patiño, Wang, Vice Mayor Sakakihara, and 20 of 98 August 12, 2025 | 7:00 PM Page 5 of 9
City Council / Successor Agency
Regular Meeting Minutes
Mayor Singh
NOES: Councilmember Nishihira
ABSENT: None

Enactment No.: Resolution No. 2025-117
Mayor Singh stated that under the Political Reform Act, he has an economic conflict of interest in Items 5.13 and 5.14.

MV Transportation, Inc. is a source of income for him; specifically, MV Transportation, Inc. leases real property from him. Items 5.13 and 5.14 relate to actions for funding or the contract with MV Transportation, Inc. that will or could impact the contract with or service from MV Transportation, Inc. as the operator of Union City Transit.

He recused himself from consideration of these items and left the Chambers subsequently.

Motion: Approve Consent Calendar Items 5.13 and 5.14.

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

Enactment No.: Resolution No. 2025-118

Enactment No.: Resolution No. 2025-119
Mayor Singh returned to the chambers after the vote.

6. PUBLIC HEARINGS - NONE
21 of 98
August 12, 2025 | 7:00 PM Page 6 of 9
City Council / Successor Agency
Regular Meeting Minutes

7. CITY MANAGER REPORTS

7.1. Adopt a Resolution Approving the Community Workforce Agreement with the Building and Construction Trades Council of Alameda County and Those Signatory Local Unions
City Attorney Kokotaylo provided staff presentation and responded to questions from council members.

Mayor Singh opened Public Comment. The following members spoke on the item:

Jonathan Romero
Carlos Velasco
John Pytlah
EJ Cire
Jesse Peralez
There being no further speakers, Mayor Singh closed Public Comment.

Motion: Adopt a resolution approving the Community Workforce Agreement with the Building and Construction Trades Council of Alameda County and those Signatory Local Unions.

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

Enactment No.: Resolution No. 2025-120
22 of 98
August 12, 2025 | 7:00 PM Page 7 of 9
City Council / Successor Agency
Regular Meeting Minutes

7.2. Adopt a Resolution Accepting the BART Mural Project Workplan Community and Recreation Services Director Buzo provided staff presentation and responded to questions from Council Members.

Mayor Singh opened Public Comment. The following speakers spoke on the item:

Maria Ramirez
Alicia Gonzales-Candelaria
Rosalinda Miramontes
Liz Mora
Michelle Parnala
Lisa Ruiz
Christine Start
Victor Lopez
There being no further speakers, Mayor Singh closed Public Comment.

Motion: Accept the BART Mural Project Workplan with the mural design depicting the history of Decoto.

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

Enactment No.: Resolution No. 2025-121

7.3. Adopt a Resolution Appointing Two City Councilmembers to the Climate Action Plan Update Task Force for the Remainder of Calendar Year 2025 City Clerk Pham provided staff presentation on the item.

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

Motion: Adopt a Resolution Appointing Vice Mayor Scott Sakakihara and Councilmember Jeff Wang to the Climate Action Plan Update Task Force for the Remainder of the Calendar Year 2025.

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

Enactment No.: Resolution No. 2025-122
23 of 98
August 12, 2025 | 7:00 PM Page 8 of 9
City Council / Successor Agency
Regular Meeting Minutes

7.4. Adopt a Resolution Designating Voting Delegate and Alternate Delegate for 2025 League of California Cities Annual Conference in Long Beach City Clerk Pham provided staff presentation on the item.

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

Motion: Adopt a Resolution designating Councilmember Jeff Wang as the Voting Delegate and Vice Mayor Scott Sakakihara as the Alternate Delegate for the 2025 League of California Cities Annual Conference in Long Beach.

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

Enactment No.: Resolution No. 2025-123

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - NONE

9. AUTHORITIES AND AGENCIES - NONE

10. CITY COMMISSION / COMMITTEE REPORTS - NONE

11. ITEMS REFERRED BY COUNCIL
Councilmember Patiño had no report.

Vice Mayor Sakakihara reported on the Housing Authority of Alameda County Commission and the Ava Community Energy Executive Committee meeting on July 31, 2025.

Councilmember Wang reported on the Alameda County Waste Management Authority and his attendance at the District Dialogue Meetings for Districts 1 and 3.

Councilmember Nishihira reported on the Alameda County Library Commission, Legislation and Policy Committee, Human Relations Commission, and Union City Chamber of Commerce.

Mayor Singh reported on attending the District Dialogue Meetings and the Alameda County Transportation Commission.

12. GOOD OF THE ORDER
Councilmember Patiño reported attending the NALEO Conference in Atlanta from July 22– 24, 2025, including sessions with U.S. Secretary of Labor Laurie Chavez De Remer, a reception for retired NALEO CEO Arturo Vargas, and discussions with former Ambassador Gary Velasquez and former U.S. Treasurer Rosario Marin. He moderated a federal policy panel with representatives from the U.S. Hispanic Chamber of Commerce, Ed Trust, and the National League of Cities. Additional events included the Walmart ribbon cutting (July 25), District 2 Dialogue (July 26), St. Anne’s Church Festival (July 26 and 27), a Congressional 24 of 98 August 12, 2025 | 7:00 PM Page 9 of 9
City Council / Successor Agency
Regular Meeting Minutes
Hispanic Caucus Institute webinar (July 30), a tour of the On Lok facility on Central Avenue with Councilmember Wang, District 3 Dialogue (July 31), District 4 Dialogue (August 2), National Night Out (August 5), and the WELL Summer Cohort session in Imperial Beach (August 8) with a tour of the Tijuana River wastewater treatment facility. He requested an audio recording of all non-closed-session meetings, which the City Attorney confirmed could be implemented without Council action.

Vice Mayor Sakakihara reported attending the Panera Bread ribbon cutting (July 24), St.

Anne’s Church Festival (July 26), District 2 Dialogue (portion), Districts 3 and 4 Dialogues (full), and National Night Out, and expressed appreciation to staff and police for their efforts.

Councilmember Wang reported attending the Panera Bread ribbon cutting (July 24), Walmart ribbon cutting (July 25), St. Anne’s Church Festival, On Lok facility tour with Councilmember Patiño, a Chamber of Commerce mixer (July 30), a Chinese sports event in Redwood City (August 2), and National Night Out. He noted the On Lok facility’s anticipated opening in early spring and described it as serving approximately 800 seniors.

Councilmember Nishihira reported attending the Asian and Pacific Islander (API) elected officials’ roundtable hosted by Alameda County Assessor Phong La (August 6), National Night Out (August 5), all four District Dialogue Meetings, and a strategic plan retreat preparation session with Patrick Ibarra (July 23).

Mayor Singh thanked Council and staff for supporting the Community Workforce Agreement, hosted a booth at the Saint Anne’s community festival, praised the police department for National Night Out, and noted a food drive at Tropics Mobile Park.

13. CLOSED SESSION - NONE

14. ADJOURNMENT
Mayor Singh adjourned the meeting at 9:38 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 September 9, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
25 of 98
City Council Staff Report Page 1 of 1 September 9, 2025 Agenda Item No. 4.2
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the August 23, 2025 City Council Strategic Planning Session (Special Meeting) Action Minutes

RECOMMENDATION
Staff recommends Council approve the meeting minutes.

Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Action Minutes
26 of 98

Page 1 of 2 ends

MINUTES

CITY OF UNION CITY

CITY COUNCIL STRATEGIC PLANNING SESSION (SPECIAL MEETING) GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Saturday, August 23, 2025 | 8:30 AM
Ralph and Mary Ruggieri Center
Second Floor Classroom
33997 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER
The Meeting was Called to Order by Mayor Singh at 8:34 AM.

2. ROLL CALL
Attendance Attendee Name
Present Lance Nishihira, Councilmember
Jaime Patiño, Councilmember
Jeff Wang, Councilmember
Scott Sakakihara, Vice Mayor
Gary Singh, Mayor
Absent None

3. ORAL COMMUNICATIONS - Comments Limited to Items on the Special Meeting Mayor Singh opened Oral Communications. There being no speakers, Mayor Singh closed Oral Communications.

4. STRATEGIC PLANNING SESSION
City Manager Malloy provided introductory remarks and introduced Patrick Ibarra of the Mejorando Group.

Patrick Ibarra facilitated the Strategic Planning Session.

Council recessed briefly.
27 of 98
August 23, 2025 | 8:30 AM Page 2 of 2
City Council
Special Meeting Minutes
Upon reconvening, Steve Toler of Baker Tilly Services presented the long-range financial forecast.

Council recessed for lunch.

Upon reconvening, City Manager Malloy presented on the 2023–2025 Accomplishments.

Patrick Ibarra continued facilitating the Strategic Planning Session, including a discussion of the Strategic Plan Goals and priorities for the coming year.

Mayor Singh provided closing remarks.

5. ADJOURNMENT
Mayor Singh adjourned the meeting at 3:01 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 September 9, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
28 of 98
City Council Staff Report Page 1 of 2 September 9, 2025 Agenda Item No. 4.3
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution of the City Council of the City of Union City Setting the 2026 Calendar Year City Council Meeting Schedule

EXECUTIVE SUMMARY
This report presents the proposed 2026 City Council Regular Meeting Schedule, which continues the established scheduling pattern approved by the Council in prior years. The schedule maintains regular meetings on the second and fourth Tuesday of each month, with adjustments for holiday schedules and vacation periods, as traditionally observed.

This advance approval ensures timely publication in various city outlets and adheres to established deadlines.

STRATEGIC PLAN ALIGNMENT
This item aligns with Goal B: Governance and Organizational Effectiveness of the Strategic Plan by promoting consistency in governance and enhancing public participation through predictable meeting schedules.

BACKGROUND
As outlined in Union City Municipal Code Chapters 2.04.010 and 2.04.040, the City Council must set the day and time for regular meetings by resolution. Regular meetings are typically held at 7:00 p.m. on the second and fourth Tuesdays of each month.

Following past practices:
• One meeting in August is canceled to accommodate summer vacations. • The second meeting in December is canceled to align with the holiday furlough period.

DISCUSSION
The proposed 2026 schedule adheres to the City’s established tradition, ensuring consistency and predictability for the Council, staff, and the public. It provides flexibility to adjust meetings to align with significant holidays and events.

Notable Adjustments:
• August 25, 2026, the meeting is canceled.
• December 22, 2026, the meeting is canceled.
29 of 98
Agenda Item No. 4.3
City Council Staff Report Page 2 of 2 September 9, 2025

FISCAL IMPACT
Adopting the 2025 City Council Meeting Schedule will have no fiscal impact on the City's budget.

RECOMMENDATION
Staff recommends that the City Council adopt the proposed resolution setting the 2025 Calendar Year City Council Meeting Schedule.

Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Draft Resolution
30 of 98
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY SETTING THE 2026 CALENDAR YEAR CITY

COUNCIL MEETING SCHEDULE
WHEREAS, Chapters 2.04.010 and 2.04.040 of the Union City Municipal Code authorize the City Council to establish the dates and times of regular and special meetings; and
WHEREAS, the City Council of Union City has traditionally conducted its regular meetings at 7:00 p.m. on the second and fourth Tuesdays of each month, providing a consistent schedule for governance and public participation; and WHEREAS, the City Council of Union City has traditionally conducted its regular meetings at 7:00 p.m. on the second and fourth Tuesdays of each month, providing a consistent schedule for governance and public participation; and WHEREAS, to accommodate family vacations and the holiday furlough, the City Council has historically canceled one meeting in August and the second meeting in December; and
WHEREAS, at a December 9, 2025, Regular Meeting of the City Council, the Council reviewed and considered the proposed 2026 calendar year meeting schedule. 31 of 98
Resolution No. 2025-XXX
2026 City Council Meeting Schedule

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby sets the 2026 calendar year City Council meeting schedule as follows:

Regularly
Scheduled
Meetings
Canceled
Meetings Special Meetings
January
13 27
February
10 24
March
10 24
April
14 28
May
12 26
June
9 23
July
14 28
August 11 25
September
8 22
October
13 27
November
10 24
December 8 22
To Be Determined
32 of 98
Resolution No. 2025-XXX
2026 City Council Meeting Schedule

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on 9th of December 2025, by the following vote:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
33 of 98
City Council Staff Report Page 1 of 2 September 9, 2025 Agenda Item No. 4.4
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution of the City Council of Union City Amending the 2025 Commission Norms and Guidelines – Inclusion of AB 1661 Harassment Prevention Training Requirements and 24-Month Ineligibility Provision

EXECUTIVE SUMMARY
Staff has prepared targeted amendments to the Commission Norms and Guidelines to incorporate AB 1661 harassment prevention training requirements explicitly and to align the Automatic Terminations section with the Union City Municipal Code. The updated language specifies that failure to complete either AB 1234 or AB 1661 training results in automatic removal and a 24-month ineligibility for reappointment to any City board, commission, or committee from the date of vacancy.

STRATEGIC PLAN ALIGNMENT
This action aligns with Goal B: Governance and Organization Effectiveness of the City’s Strategic Plan by reinforcing best practices in local government operations and ensuring that commission policies are clear, consistent, and compliant with applicable laws. The updates to the Commission Norms and Guidelines strengthen organizational effectiveness, promote transparency, and support the professional development of appointed officials through mandated ethics and harassment prevention training.

BACKGROUND
The Commission Norms and Guidelines serve as a foundational document for members of all boards, commissions, and committees, outlining expectations for service, training, attendance, ethical conduct, and public interaction. The document was last adopted on June 11, 2025.

Following feedback from Planning Commissioner Lew at the August 7, 2025, Planning Commission Regular Meeting, staff conducted a review to confirm that the guidelines accurately reflect the legal obligations under Government Code Sections 53235 et seq. (AB 1234) and 53237 et seq. (AB 1661), which require biennial ethics and harassment prevention training for commissioners and alternates.
34 of 98
Agenda Item No. 4.4
City Council Staff Report Page 2 of 2 September 9, 2025

DISCUSSION
The current Commission Norms and Guidelines reference AB 1234 ethics training, but did not explicitly list AB 1661 harassment prevention training in both the State-Mandated Training section and the Automatic Terminations section. UCMC § 2.20.100 requires completion of both trainings and imposes a 24-month ineligibility for reappointment following a vacancy due to non-compliance. The proposed amendments:

FISCAL IMPACT
None.

RECOMMENDATION
Staff recommends Council adopt the resolution amending the 2025 Commission Norms and Guidelines to (1) add harassment prevention training requirements under Assembly Bill 1661 alongside existing ethics training requirements under Assembly Bill 1234, and (2) clarify that failure to complete either training results in a 24-month ineligibility for reappointment to any City board, commission, or committee, consistent with UCMC §

2.20.100.

Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments:

1. Draft Resolution

2. Updated 2025 Commission Norms and Guidelines
35 of 98

Page 1 of 2 ends

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AMENDING THE 2025 COMMISSION NORMS

AND GUIDELINES TO INCLUDE HARASSMENT

PREVENTION TRAINING REQUIREMENTS UNDER
ASSEMBLY BILL 1661 AND TO CLARIFY THE 24-MONTH

INELIGIBILITY PERIOD FOR REAPPOINTMENT
WHEREAS, the City Council of the City of Union City previously adopted the 2025 Commission Norms and Guidelines on June 11, 2025, to provide clear expectations, training requirements, and conduct standards for members of City boards, commissions, and committees; and
WHEREAS, the City Council seeks to ensure the Commission Norms and Guidelines remain consistent with applicable state laws and the Union City Municipal Code; and
WHEREAS, Assembly Bill 1234 requires local agency officials, including commissioners, to complete ethics training every two years and within one year of appointment; and
WHEREAS, Assembly Bill 1661 (Government Code § 53237 et seq.) similarly mandates that local agency officials, including commissioners and alternates, complete at least two hours of harassment prevention training within six months of assuming office and every two years thereafter; and
WHEREAS, Union City Municipal Code § 2.20.100 requires removal of commissioners or alternates who fail to complete required trainings and further prohibits their reappointment to any City board, commission, or committee for a period of 24 months from the date of vacancy; and
WHEREAS, the Commission Norms and Guidelines have been updated to reflect these requirements and to promote consistency with UCMC § 2.20.100.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby amends the 2025 Commission Norms and Guidelines to:

1. Explicitly include harassment prevention training requirements under Assembly Bill 1661 in both Chapter 5 (Commissioner Training) and Chapter 2 (Automatic Terminations); and

2. Clarify that failure to complete required ethics or harassment prevention training results in automatic termination and renders the individual ineligible for reappointment to any City board, commission, or committee for a period of 24 months from the date of vacancy, consistent with UCMC § 2.20.100; and
BE IT FURTHER RESOLVED that the revised 2025 Commission Norms and Guidelines, attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted and shall be effective immediately; and
36 of 98
Resolution No.2025-XXX
Amending the 2025 Commission Norms and Guidelines

Page 2 of 2 ends

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to distribute the updated Commission Norms and Guidelines to all commissioners and alternates, and to make the revised document publicly available on the City’s website.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of September 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – Updated 2025 Commission Norms and Guidelines 37 of 98
Established in June 10, 2025
38 of 98

TABLE OF CONTENTS
Page
INTRODUCTION...............................................................................................................1 CHAPTER 1 – GROUP NORMS.......................................................................................1 CHAPTER 2 – SERVING ON A COMMISSION / COMMITTEE .......................................2 Section 1. Membership...........................................................................................2 A. Residency Requirements and Affidavit of Residency. ......................2 B. Appointments ....................................................................................2 C. Oath of Office....................................................................................3 D. Terms of Office. ................................................................................3 E. Attendance Requirements (UCMC Section 2.20.040) ......................3 F. Automatic Terminations ....................................................................4 G. Resignation Procedure .....................................................................4 Section 2. Alternate Commissioners ......................................................................4 Section 3. Accommodations for Commissioners with Disabilities...........................5 Section 4. Stipend Information ...............................................................................5 CHAPTER 3 – CONFLICT OF INTEREST PROHIBITED.................................................5 A. Influencing the Making of Contracts and Affecting Other Financial Interests.
.......................................................................................................... 5 B. Disclosure Statements Required (Form 700)....................................5 C. Incompatible Public Offices ..............................................................6 D. Elected Officials ................................................................................6 CHAPTER 4 – COORDINATION WITH COUNCIL, STAFF, MEDIA AND COMMUNITY ..........................................................................................6 A. Coordination with City Council..........................................................6 B. Council Meeting Procedures and Commission Participation ............8 C. Coordination with Staff......................................................................8 D. External Relationships ......................................................................8 CHAPTER 5 – COMMISSIONER TRAINING ...................................................................9 A. Training Required by City .................................................................9 B. State-Mandated Training. .................................................................9 39 of 98
3 INTRODUCTION
Commission Guidelines serve as a guiding document for commissioners to carry out best practices in local governance, incorporating digital governance tools and transparency measures to enhance accessibility and efficiency. These guidelines ensure commissioners can effectively carry out their role in advising the City Council.

Commissioners are expected to uphold professional integrity, collaborate effectively, and maintain transparency in all commission activities. Commissioners should also adhere to digital communication best practices and ensure accessibility through virtual participation as appropriate. The City Council is tasked with adopting these norms and guidelines into City policy and also reviews and approves any updates or modifications. These Commission Guidelines apply to all City Commissions, Boards, and Committees, as well as any other bodies specified by the City Council, except where otherwise noted.

CHAPTER 1 – GROUP NORMS
Group Norms are an adopted set of behaviors and procedures that all commissioners are expected to demonstrate for the benefit of the organization and while serving in the role as Commissioner.

2. As appointees of the City Council, we understand the importance of keeping the City Council informed about our work and endeavors as Commissioners/Committee members and that it is appropriate to take general direction from the City Council where appropriate.

3. We strive to avoid real or perceived conflicts of interest whenever possible and to disclose them to affected parties when they do exist.

4. We respect each other’s opinions and 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 we act as a body, all members are equal, and policy direction is only given by a majority vote of the Commission/Committee.

Once a decision is made, all members must respect the
Commission’s/Committee’s direction.

6. We are prepared for Commission/Committee meetings and ask our questions of staff in advance so we can avoid surprising staff at our meetings.

7. We attend on time, are focused and devote our undivided attention during 40 of 98 4 Commission/Committee meetings in order to ensure that we can conduct business efficiently and effectively.

8. We do not criticize staff to them or others.

The City Council may terminate membership on a commission for failure to meet the expectations laid out in the above Group Norms.

CITY OF UNION CITY GUIDELINES FOR COMMISSIONS / COMMITTEES CHAPTER 2 – SERVING ON A COMMISSION / COMMITTEE
Section 1. Membership
A. Residency Requirements and Affidavit of Residency.

As required by Union City Municipal Code (UCMC) Section 2.20.030, commissioners, board members, or committee members
("commissioners") must be Union City residents with the exception of:
• Arts & Culture Commission (must either be a resident at large or an artist).
• Economic Development Advisory Team (EDAT).
• Bicycle Pedestrian Advisory Committee (BPAC) (The bicycle community representative may be either a resident or nonresident). . Proof of residency is required when requested.

Commissioners that are required to be residents must inform the City Clerk if they are no longer residing in the City of Union City. The term of the commissioner shall expire on the date that the commissioner ceased being a resident in Union City. Commissioners that temporarily leave Union City as a result of transitory circumstances, but with the full intent to reestablish residency in Union City within one month, shall still be considered a resident of Union City. If the commissioner has not reestablished residency, the commissioner shall notify the City Clerk and automatic termination of membership will occur upon receipt of notification by the City Clerk. Commissioners are required to notify the City Clerk and the secretary of the commission of any change to contact information.

B. Appointments.

Commissioners are appointed by the Mayor with City Council Approval under UCMC Section 2.20.030. The City Clerk will advise new commissioners on training and filing requirements.

Commission staff will ensure an orientation is completed to inform new commissioners of these guidelines.

C. Oath of Office. 41 of 98
5 Commissioners must take the Oath of Office before participating in meetings. The Oath of Office must be conducted by the City Clerk, an elected official, or staff that have been deputized to conduct the oath. Board secretaries have been deputized to administer the Oath of Office.

D. Terms of Office.

Commissioners and alternates can serve up to 2 full consecutive terms under UCMC Section 2.20.050. Commissioners may be appointed to a partial term to complete a term of a vacancy and such partial terms shall not count as a full term. Commissioners or alternates that have served 2 full consecutive terms cannot be reappointed to their respective boards or commissions until a two-year break in service has occurred.

E. Attendance Requirements (UCMC Section 2.20.040).

Failure to comply with attendance rules and other requirements can result in automatic termination. It is important to note that all commissions, regardless of the frequency of meetings, are subject to these attendance regulations.

Commissioners must attend all meetings in order to avoid being marked absent.

A commissioner is determined to be “absent” unless they have been granted an excused absence.

Commissioners should inform the secretary as far in advance as possible if they cannot attend a meeting. Secretaries should advise these commissioners to request an excused absence for the meeting.

Excused Absences: The following reasons shall be considered valid excuses for failing to attend a meeting.

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

2. Death in the family;

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

4. Lack of transportation to the meeting;

5. Previously scheduled vacation or travel.

Notification Deadlines for Absences:
• For serious illness, injury, or a death in the family (Subsections 1 and 2 above), 42 of 98 6 commissioners and alternates must notify the Commission Secretary no later than 43 of 98
6 24 hours before the meeting.
• For employment conflicts, lack of transportation, or previously scheduled vacation or travel (Subsections 3, 4, and 5 above), commissioners and alternates must notify the Commission Secretary no later than 72 hours before the meeting. • Failure to provide a timely notice will result in the absence being recorded as unexcused. The commission bylaws will be updated to reflect these attendance notification procedures in accordance with Ordinance No. 2025-001, which took effect on April 10, 2025.
(UCMC Section 2.20.040).

Absence from Three Consecutive Meetings. If a commissioner is absent from three consecutive meetings without a valid excuse, their appointment to the commission will be automatically terminated. (UCMC Section 2.20.040(B).) Failure to Attend At Least 75% of All Scheduled Meetings of the calendar year (January 1 through December 31). If a commissioner fails to attend at least 75% all scheduled meetings during the calendar year without a valid excuse, their appointment to the commission will be terminated. (UCMC Section 2.20.040(B).) Commissioners arriving more than ten minutes late to a meeting without providing advance notice to the Commission Secretary shall be marked as unexcused and will not receive a meeting stipend. Commissioners providing notice and arriving within ten minutes may be marked present, but must not disrupt proceedings once the meeting has commenced.

F. Tardiness Policy.

Commissioners are expected to attend all meetings on time. A commissioner arriving more than ten (10) minutes after the official start of the meeting without providing advance notice to the Commission Secretary shall be marked as unexcused and will not receive a meeting stipend for that meeting.

If advance notice of tardiness is provided and the commissioner arrives within ten minutes of the meeting start time, the commissioner may be marked as present but must join the meeting in a manner that does not disrupt the proceedings.

When a commissioner is tardy and their absence affects quorum or voting, an alternate commissioner may be seated in accordance with established protocols. 44 of 98 7 Chronic tardiness may be considered in evaluating a commissioner’s continued service and eligibility for reappointment.

G. Automatic Terminations.

The importance of complying with the requirements of being a commissioner cannot be sufficiently emphasized. Failure to recognize these requirements will result in automatic termination. The following are reasons why commissioners are automatically terminated as well as the period of time for which a commissioner is ineligible for reappointment (if applicable).
• Unexcused absence from three consecutive meetings. (UCMC Section 2.20.040(B).) Ineligible for reappointment to that commission or board until two full terms from the date of the initial appointment under UCMC Section 2.20.050.
• Failure to attend at least 75% all scheduled meetings in any twelve consecutive month period without a valid excuse. (UCMC Section

2.20.040(B).) Ineligible for reappointment to that commission or board until two full terms from the date of the initial appointment under UCMC Section 2.20.050.
• Non-residency.
• Failure to meet any eligibility requirements of the ordinance, resolution, or other law establishing the commission or regulating its membership.
• Failure to complete AB 1234 Ethics Training or AB1661 Harassment Prevention Training. (UCMC Section 2.20.100.) Ineligible for reappointment to any City board, commission, or committee for 24 months from the date of vacancy, in accordance with UCMC §

2.20.100(E).Ineligible for reappointment to that commission or board during the unexpired portion of the vacated term and for one full term under UCMC Section 2.20.100(D).)
H. Resignation Procedure.

A commissioner wishing to resign shall submit a written resignation directly to the City Clerk and to the Mayor. Either an electronic or a hard copy resignation will be accepted.

Once submitted, a letter of resignation cannot be withdrawn. The effective date of the resignation is the date it is received by the City Clerk unless a future date is indicated.

Section 2. Alternate Commissioners 45 of 98
8 Alternate commissioners attend the regular and special meetings of the commission in the absence of a regular member. The alternate shall review staff reports and documents and otherwise prepare for such meetings. If, as a result of an absence of a regular member at a regular or special meeting, the alternate shall move to the seat of a regular member, then the alternate shall participate as a regular member, and shall receive such compensation, where applicable. (UCMC 2.20.020.)
Alternate commissioners are subject to the qualifications, appointment, removal and other requirements applicable to the regular members. However, alternate commissioners will not be automatically appointed where there is a vacancy created for a regular commissioner position. The Mayor, with approval of the City Council, shall appoint commissioners to vacant position pursuant to UCMC Section 2.20.030. The Mayor may consider current alternate commissioners for appointment to a vacant regular commission position and may consult with the Councilmember liaison to the relevant commission when considering alternate commissioners.

Alternate commissioners are encouraged to attend at least 30% of regular meetings to stay informed and ready to serve when needed. Alternates may sit on the dais and participate in discussions even when regular members are present, if authorized by the Commission Chair. However, alternates may not vote unless officially seated to fill an absence. When called upon to serve but unable to attend, the absences of alternate commissioners will be considered excused or unexcused based on timely communication with the Commission Secretary.

In accordance with the City’s Tardiness Policy, if a regular commissioner has not arrived within ten (10) minutes of the scheduled meeting start time and has not provided prior notice to the Commission Secretary, the alternate commissioner may be officially seated to fill the vacancy for that meeting. Once seated, the alternate shall have full voting rights for the duration of the meeting.

If the regular commissioner arrives after the alternate has been seated, the regular commissioner may participate as a member of the public but will not be permitted to participate as a voting member for that meeting.

Section 3. Accommodations for Commissioners with Disabilities Members of boards, commissions, and the public who have a disability have a right to reasonable accommodations necessary for them to participate in City meetings and programs. The Americans with Disabilities Act (ADA) and other laws mandate that the City provide programmatic access and effective communication in order for people with disabilities to be able to participate in the City’s programs, services, and activities including public meetings.

Individuals with disabilities who need accommodations to participate at a City of Union City meeting should make their requests to the commission secretary.

Section 4. Stipend Information
Pursuant to UCMC Section 2.20.080, commissioners may be entitled to payment in an amount specified by City Council Resolution. 46 of 98 9 CHAPTER 3 – CONFLICT OF INTEREST PROHIBITED
A. Influencing the Making of Contracts and Affecting Other Financial Interests.

The Political Reform Act and Government Code 1090 prohibit commissioners from participating in a matter in which the commissioner has an economic or contractual interest. This extends to any decisions or attempts to influence a decision involving the interest.

Under some instances, an exception to the rule may exist. Please contact the secretary of the commission should you believe you have a conflict of interest.

B. Disclosure Statements Required (Form 700).

The Government Code of the State of California requires that designated commissioners file a Form 700 Statement of Economic Interests in which they disclose specified financial interests. The Union City Conflict of Interest Code specifies each commission that is subject to this requirement and the interests that must be disclosed.

Failure to file any required Form 700 by the deadline (Assuming, Annual, Leaving) may result in the assessment of fines and/or referral to the FPPC for enforcement. Additionally, commissioners that have not timely filed a Form 700 are prohibited from attending commission meetings until the Form 700 has been filed and all outstanding fines have been paid.

An Assuming Office Form 700 must be filed with the City Clerk Department within 30 days of appointment. Annual Form 700s must be filed by April 1 of each year. Finally, a Leaving Office Form 700 is required within 30 days of leaving office.

Commissioners, Board and Committee members are required to file pursuant to the City's Conflict of Interest Code, which is updated every two years. The City Clerk will routinely advise all commissioners affected of these requirements and deadlines. Not all commissioners are required to report the same interests. The Conflict of Interest Code is designed to require only that degree of disclosure needed to protect the public interest while balancing that need with an individual's right to privacy.

C. Incompatible Public Offices.

The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices that are incompatible in terms of their duties and/or the likelihood of divided loyalties. However, in Union City, serving on two or more City boards or commissions, including quasi-judicial bodies, is permitted. A commissioner who already occupies an elected or appointed office other than a City board or commission and wants to apply for appointment to a City commission should seek the City Attorney's advice as to whether the two offices may be deemed incompatible.

D. Elected Officials.
47 of 98
1 0
Should a commissioner be elected to one of the following positions, the commissioner shall resign from the commission position within 30 days of the election date:

Alameda County Water District Board of Directors, BART Board of Directors, Alameda County Board of Supervisors, Alameda County Board of Education, East Bay Regional Park District Board of Directors, New Haven Unified School District Board of Education, Chabot College Board of Trustees, Ohlone College Board of Trustees, AC Transit Board of Directors, Union Sanitary District Board of Directors.

Failure to resign within 30 days shall result in the commissioner’s position being placed before the City Council for removal.

CHAPTER 4 – COORDINATION WITH COUNCIL, STAFF, MEDIA AND COMMUNITY A. Coordination with City Council.
(1) Relationship to City Council.

The role of a commission is to advise the City Council. The exception is for quasijudicial commissions that can act under their authorized ordinances or advise the City Council as appropriate. The City Council is responsible for accepting, rejecting, or modifying commission recommendations. The Council relies on the various commissions to increase the variety of viewpoints and talents brought to bear on City problems. By concentrating on specific areas, commissioners use their expertise and conduct detailed analyses that the Council itself may not have the time to pursue. It is expected that commissions will adopt positions of advocacy within their specific purview. However, the City Council's role is to take into consideration the many varied and sometimes conflicting public needs and render its judgment of what will best serve the public good. The Council must weigh the effect of any given recommendation, not only on the particular area of interest but on all other City goals and programs.

Just as the commissions advise the City Council concerning policy but do not create policy, the commissions advise the City Council concerning various programs run by the City but do not themselves operate programs. It is the responsibility of the City Manager and the City staff to operate programs authorized by the City Council. (2) Councilmember Liaison
In order to provide regular and consistent guidance to commissions, the City Council will designate one Councilmember to serve as a liaison to the Human Relations Commission, Senior Commission, Parks and Recreation Commission, Arts and Culture Commission and Youth Commission. Each commission is encouraged to keep the Councilmember liaison appraised of relevant developments and seek guidance from the Councilmember liaison. The Councilmember liaison will keep the City Council appraised as appropriate. The Councilmember Liaison may include the following activities:
(a) Attend Commission meetings as needed to 48 of 98
1 1
communicate and provide guidance to Commissioners.
(b) Attend Commission retreats and planning meetings as needed to ensure guidance can be rendered to Commissioners as priorities are being shaped.
(c) Work one on one with Commission Chairs and staff to determine approaches to Commission work as needed.
(d) Keep the Mayor and City Council apprised as needed
of Commission work at City Council meetings during the City Commission/Committee Reports section of the agenda.
(e) Provide the Mayor feedback regarding the
Commission as needed.
(f) The Planning Commission will not have a
Councilmember Liaison due to the State’s legal requirement for the Planning Commissioners to act independently from the City Council on policy matters. (3) Referrals from the City Council.

The Council may transmit referrals for information or action through formal action on an agenda item. These actions are recorded in the minutes of the Council meeting.

The secretary notifies the commission of any such referrals from the Council. When appropriate, the Council may indicate a desired date for response and specify which commissions will be consulted.

Each referral response presented to the City Council on the Council agenda, shall indicate to whom the item was referred, the date of referral, and any other responses.

Each commission may elect to respond by means of a separate report or communication.

B. Council Meeting Procedures and Commission Participation.

Regular City Council meetings are generally held twice monthly on Tuesdays. The schedule is established annually, taking into consideration holidays and election dates.

The chair, or an authorized representative of the commission, has the right to address the City Council on relevant items within the jurisdiction of the commission.

Commissioners not delegated to speak as the official representative may utilize the Public Comment period to present information to Councilmembers.

C. Coordination with Staff.

The City Manager has a direct interest in the work of all commissions as they often advise the City Council on issues that will affect the use of staff time and City resources.

Commission secretaries are responsible to the City Manager as well as the commission, and they keep the City Manager informed of significant issues that come before their commissions. 49 of 98
1 2
D. External Relationships.
(1) Communication with the public, press and other media.

There are instances where it is appropriate for commissioners to provide public statements about city events and policy matters to the public and the press in an official capacity; however, commissioners must coordinate with City staff and seek approval first from the Mayor and Councilmember liaison prior to giving such statements. Upon approval from the Mayor and Councilmember liaison, City staff will coordinate and organize public communication and inquiries from the media related to official statements to include the chair of the commission, or a representative designated by the commission, who may clarify actions taken by the commission, fairly and accurately recap commission conversations, or outline next steps. The Chair or designee must not editorialize, offer personal opinions, or speculate on future actions when speaking in an official capacity. A commissioner may recite commission positions, activities and actions taken and state factual accounts of those actions.
(2) Community relations and engagement/Social media.

Commissioners may not, in an official capacity, represent their commission or the City to the general public without City Council approval. Commissioners may not use city logos, branding, name tag, business cards, or other collateral to represent their private, personal or political interests.

Any time that a commissioner uses their commission title, is wearing their commissioner name badge or references their membership on a city commission when speaking publicly or on social media, they must state that they are speaking in an individual capacity and not as a representative of the City of Union City. (3) Election-related activity or personal activity.

Commissioners are prohibited from using their position as a commissioner for political or personal gain. For example, while potential ballot measures are under consideration or while candidate campaigns are being carried out, commissioners can elect to individually participate in campaign activity but cannot use City resources to support that activity. Thus, commissioners may engage in election-related activity as community members, and may use their commission title(s), current or former, for identification purposes, so long as they affirmatively declare that they do not represent the City or any legislative body of the City. As a point of reference, attached is a memorandum from the City Attorney related to campaign activities during the 2020 election.

CHAPTER 5 – COMMISSIONER TRAINING
A. Training Required by City.
(1) Onboard training/orientation for new commissioners.

Certain commissions may have a training/orientation workshop conducted by the City Clerk’s Office or the commission secretary. Commissioners will be contacted by the 50 of 98 1 3
commission secretary of any necessary training/orientation.

B. State-Mandated Training.
(1) Commissioners are required to complete biennial ethics training under AB 1234 and harassment prevention training under AB 1661 in accordance with State law and UCMC
Section 2.20.100. Newly appointed commissioners must
complete both trainings within one year of their appointment and every two years thereafter.
(2) In addition to completing the required trainings,
commissioners must submit proof of completion to the City Clerk by the required deadline. Failure to complete the training or submit proof of completion within the specified timeframe will be treated as non-compliance and will result in automatic removal from the commission.
(3) Commissioners who fail to comply with either of these requirements will be ineligible for reappointment to any board or commission for a period of 24 months from the date of removal.

CHAPTER 6 – TELECONFERENCING AND REMOTE PARTICIPATION
Commissioners may participate in meetings via teleconferencing under two distinct legal frameworks: Government Code Section 54953 (Brown Act Teleconferencing Rules) and AB 2449 (Temporary Teleconferencing Option). The conditions for each are outlined below:

A. Teleconferencing Under Government Code Section 54953 (Standard Brown Act Requirements):
• A quorum of the commission must be physically present at a publicly accessible location.
• All remote teleconference locations must be identified in the meeting agenda and made accessible to the public.
• Commissioners participating remotely under this rule must publicly disclose their teleconference location and allow members of the public to attend at that location.
• All votes must be taken by roll call.

B. Teleconferencing Under AB 2449 (Temporary, More Flexible Remote Participation):
51 of 98
1 4
• AB 2449 allows limited remote participation without requiring disclosure of the commissioner’s remote location or public access to it. • This option is available only when a commissioner has “just cause” or faces “emergency circumstances.” The commissioner must notify the commission as soon as possible when invoking this provision. • Remote participation under AB 2449 is limited to two meetings per calendar year, unless a declared state of emergency is in effect. • Commissioners participating remotely under AB 2449 must have their video enabled throughout the meeting unless prevented by an emergency or an approved accommodation.

Definitions Under AB 2449:
• “Just Cause” means any of the following circumstances requiring a commissioner’s remote participation:

1. Childcare or caregiving responsibilities for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.

2. A contagious illness that prevents attendance in person.

3. A need related to a physical or mental disability that is not otherwise accommodated.

4. Travel while on official City business or related to the performance of official duties.
• “Emergency Circumstances” means a physical or family medical emergency that prevents the commissioner from attending the meeting in person.

Commissioners are responsible for understanding and complying with the requirements of each teleconferencing option. Staff will provide further guidance as needed to ensure compliance.
52 of 98

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO 1999 Harrison Street, 9th Floor
Oakland, California 94612
tel (510) 808-2000
fax (510) 444-1108
www.meyersnave.com

ME M O RANDU M
Via Electronic Mail
Kristopher J. Kokotaylo
Attorney at Law
[email protected]
m
DATE: August 12, 2020
TO: All City
Employees All
Candidates
All City Commissioners
FROM: Kristopher J. Kokotaylo, City Attorney
COPY: Honorable Mayor and City Council
Joan Malloy, City Manager
Anna Brown, City Clerk
RE: Campaign Activities During Elections
As the November general election approaches, we provide this informational memorandum to remind you of State and local law restrictions on public employee and public official participation in political activities. This memorandum addresses only the broad outlines of a very complex area of the law and there are many gray areas where hard and fast rules are simply impossible to state. This memorandum is solely intended to provide current guidelines pertaining to political activities.

We recognize that city officials and employees are free to engage in political activities while off duty. But, as a general rule, we want you to keep in mind that the City of Union City, as an entity, cannot participate in political activities. Accordingly, as City officials and City employees, you must refrain from using your official capacity as representatives of the City to convey the impression that the City endorses a political campaign.

The City Mayoral seat, one City Council seat (District 1) and one local measure, Measure WW, and one regional measure, Measure W, are on the November 2020 ballot.

1. Providing Information vs. Campaigning with Regard to a City Ballot Measure or Candidates
The City has one measure, Measure WW, on the ballot this November. Government Code Section 54964 prohibits any officer, employee or consultant of the City from expending or 53 of 98

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 2
authorizing the expenditure of City funds “to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate by the voters.” The California Supreme Court held that in the absence of clear legislative authorization, “a public agency may not expend public funds to promote a partisan position in an election campaign.”1
However, expenditures for informational purposes, rather than promotional purposes, regarding a ballot measure are allowed.2 Whether any particular communication is informational or promotional will depend on factors including the “style, tenor and timing” of the communication on a case by case basis. In general, the City can:
• Educate voters on the measures through facts, provided that the City does not “mount a campaign” to advocate for or against the measure; • Explain the impacts on the City of passage or defeat of the measure; • Post informational material on the City’s website;3
• Include the information in a separate document that is not campaign literature, and distribute the document for public information through, for example, the City Clerk’s office or at public libraries; • Mail information as part of a regular newsletter that was not created specifically for the campaign.4
The City may be involved with a ballot measure in other ways:
• The City may hire a consultant to assist in the preparation of informational material. However, the City should make it explicit that the consultant is hired for his or her expertise in preparing fair and impartial informational material.

The consultant should not be identified with any particular political interests.

If the City Council is interested in disseminating information on a measure, it should plan for a coordinated program that could include the preparation and distribution of materials to voters, and holding public meetings at which informational presentations are made.
1 Stanson v. Mott (1976) 17 Cal.3d 206, 209-210.
2 See Id. at 206.
3 The City is not required to give ballot measure opponents access to post its own information on the City website, provided that the City website is not a public forum. 4 See Vargas v. City of Salinas (2009) 46 Cal.4th 1.
54 of 98

2. Government Code Sections 3201, et seq. and Government Code Section 8314
California Government Code Sections 3201, et seq. and California Government Code Section 8314 apply to City officials and employees. Under State law, City officials and employees are prohibited from conducting political activities6 in the following circumstances:
• Unlawful use of office, influence, or authority;
➢ Neither City officials nor employees may directly or indirectly solicit campaign contributions from other City officials or employees.7 Solicitation from other City officials or employees is only permitted if it is part of a general effort that incidentally includes City officials and employees.8 For example, a City employee on personal time, participating in a general door-to- door solicitation effort organized by a committee can solicit a contribution from another City employee. This would be considered part of a general effort which incidentally includes the City employee. Similarly, if a City official sends a mailer paid for by a campaign committee to high propensity voters, and officers and employees of the City are intended recipients of that mailer, that would be acceptable.
➢ Neither the City Council nor employees may use their office or the influence inherent to their office to help obtain, or obstruct someone from obtaining, a position, promotion or raise within the City upon the consideration or condition that the person helped, or obstructed, will vote a certain way, or will provide political influence for a candidate, officer or party.9 Even the “urging or discouraging” of another’s action is prohibited under this statute.
➢ Finally, a Councilmember or a candidate for City Council cannot offer or arrange an increase in compensation or salary in exchange for an employee’s
5 The drafting of, and use of talking points when making presentations and answering questions about a ballot measure and responding to questions on the ballot measure on City time are permitted. 6 “Political activities” include, but are not limited to: advocacy for or against a candidate or ballot measure, solicitation of political funds or campaign contributions, signing petitions, endorsements or nomination papers.
7 Gov. Code § 3205.
55 of 98

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO 8 Gov. Code § 3205(c).
9 Gov. Code § 3204.
56 of 98

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 4
contribution or promise to contribute to any committee directly or indirectly controlled by the Councilmember.10
• Use of City resources to support or oppose a candidate for any elective office; • Use of City resources to support or oppose a recall effort against any elected official;
• Use of City resources to support or oppose any initiative, referendum or ballot measure;
• Participation in political activities during work hours on City premises, as governed by local rules and regulations; or
• Participation in political activities while in City uniform.11 “City uniforms” include anything worn by an individual with a City logo, identifying patch, embroidered badge, or any other identifying clothing which is routinely worn at work and has been provided by the City.
“Use of City resources” includes, but is not limited to:
• Using a City-issued landline and/or cell phone to call voters and urge them to “vote yes” on a ballot measure, or for or against a candidate; • Using a City-issued email address to send an email to voters urging a vote in favor of or against a ballot measure, or candidate;
• Using a City-owned and/or issued computer to prepare materials for or correspond with voters to support or defeat a ballot measure, or candidate; • Using City-purchased paper, pens, or other office supplies to engage in efforts to support or oppose a ballot measure, or to support or oppose the election or defeat of a candidate;
• Using a City owned/issued printer and/or photocopier to print materials supporting or opposing a ballot measure, or candidate;
• Using “City time” during the workday to participate in campaign activities; and 10 Cal. Gov. Code § 3205.5. A violation is punishable by imprisonment and/or a fine of up to $5,000. 11 See Gov. Code §§ 3201-3209, 8314.
57 of 98

3. Individual Participation in Campaigning
The City Council and all City employees have a First Amendment right to express their opinion on City matters, including support of ballot measures or candidates.

However, as noted above, public resources may not be used to effectuate or communicate their viewpoints. The City Council and City employees should be careful to separate their official City work from their political and campaign work.

Below are examples of permissible activities:
• Less than a quorum of the City Council may participate in the formation and operation of a campaign committee to raise funds and actively participate in campaign activities related to a measure in which the City is precluded from participating.13 Such a campaign could hire consultants to craft persuasive messages to the voters and take donations to fund the effort. Such a campaign committee must operate independently of the City. • Members of the City Council may individually participate in campaign activities related to a measure. Such participation may include making appearances at events held by local organizations, writing editorials, working on fundraising efforts, and meeting with local “opinion-makers.” City Councilmembers may introduce or announce that they are a member of the City Council, and use their title, but must also make clear that they are speaking on behalf of themselves individually, unless the City Council has taken an official position -- then he or she may speak upon the City Council’s official position.
➢ A public official should not attend a civic function (such as a meal) paid for or sponsored by the City and stand up and make a speech about why voters should support a ballot measure. However, if a City official is asked a question by an attendee on whether he or she, as an individual, will support the ballot measures, the official has a right to express his or her viewpoint.
12 See Gov. Code § 8314.
13 Less than a quorum may participate in the formation and operation of a campaign committee as the participation of more than quorum would violate the Brown Act open meeting law. 58 of 98

4. Union City Municipal Code Chapter 1.08 Prohibits the Use of the City Seal or Logos, except for Official City Business
Under the Union City Municipal Code, neither employees nor the general public can use the City name, seal, or logo, such as police department or public works logos, for any private purpose.14
“Private purpose” includes, the support or opposition to: any candidate for a public office, any ballot measure, initiative, referendum, or any other matter voted upon at an election.15 For example, “private purpose” includes support or opposition for Measure WW, the proposed Union City utility users tax.

A copy of Union City Municipal Code Chapter 1.08 is available online at http://qcode.us/codes/unioncity/.

5. Civil and Criminal Penalties for Using City Resources to Support or Oppose a Candidate or Ballot Measure
State law prohibits using public funds, including public moneys, City facilities, staff, or any other City equipment to support or oppose a candidate or ballot measure.16 City officials and employees may be civilly liable for unlawfully using public resources, and may be criminally liable for misappropriating public funds.17 These laws exist to protect employees and ensure that no job is dependent upon an employee’s political viewpoint or beliefs. These laws also help ensure that no political agenda becomes confused with the public policy of any City agency, and help ensure that public officials do not use their public positions for political gain. 14 Union City Municipal Code (“UCMC”) § 1.08.050; 1.08.060. 15 UCMC § 1.08.040.
16 Gov. Code § 8314; see Stanson v. Mott (1976) 17 Cal.3d 206; League of Women Voters v.

Countywide Crim. Justice Coordinating Com. (1988) 203 Cal.App.3d 529. 17 Gov. Code § 8314; Pen. Code § 424; see People v. Groat (1993) 19 Cal.App.4th 1228. 59 of 98

6. Local Measures on the November 2020 Ballot
Among candidates for election and other measures, there is one regional measure and one local measure on the November 2020 ballot:
a. Measure WW is a local measure that would establish a utility users tax in Union City. On August 6, 2020, the City Council adopted a resolution placing Measure WW on the November 2020 ballot for voter approval. b. Measure W is a countywide measure to establish an additional ½¢ transactions and use tax (sales tax) throughout Alameda County. The Alameda County Board of Supervisors placed Measure W on the November 2020 ballot.

While employees can utilize personal time and personal resources to support or oppose Measure WW and Measure W, it is unlawful to use City resources to support or oppose the measures.

If you have any questions, please do not hesitate to contact City Manager Joan Malloy or me at 510.808.2000 or [email protected].

KJK:
60 of 98
City Council Staff Report Page 1 of 3 September 9, 2025 Agenda Item No. 4.5
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the Acceptance of Office of Traffic Safety Selective Traffic Enforcement Program Grant Funds, in the Amount of $95,000, for Fiscal Year 2025-2026, and Amending the Fiscal Year 2025-2026 OTS Fund Budget

EXECUTIVE SUMMARY
The Union City Police Department (UCPD) applied for Selective Traffic Enforcement Program (STEP) grant funding from the Office of Traffic Safety (OTS). The Union City Police Department was awarded $95,000 in grant funding to support impaired driving enforcement, traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education as outlined in the grant application process.

BACKGROUND
In 2017, the National Safety Council reported that more than 40,000 people died in motor vehicle collisions. The three most significant causes of fatalities on the road are alcohol, speeding, and distracted driving. Like most cities, Union City has overwhelming traffic issues. The volume of commuter traffic, combined with the traffic produced by our population, presents many challenges to public safety.

To understand the gravity of this issue, it is essential to examine our city’s recent history in relation to traffic collisions and impaired driving. In 2022, the Union City Police Department received 585 traffic collision calls for service and made 35 DUI arrests; there were no fatal collisions in 2022. In 2023, the Union City Police Department received 641 traffic collision calls for service, investigated five fatal collisions, and made 36 DUI arrests.

In 2024, the Union City Police Department received 728 traffic collision calls for service and made 60 DUI arrests; there were no fatal collisions in 2024.

DISCUSSION
The money from the Selective Traffic Enforcement Program (STEP) grant will provide the necessary funding to allow the department to conduct additional enforcement and education that would not typically occur due to budgetary constraints. The additional revenue will be used in a variety of ways, including facilitating DUI checkpoints and 61 of 98
Agenda Item No. 4.5
City Council Staff Report Page 2 of 3 September 9, 2025 providing directed traffic enforcement in specific areas of the city where violations occur more frequently. The monies will also be used to address people who drive while using their cell phones and connect with bicyclists who violate traffic laws. There will be educational opportunities for the youth of Union City, as well as additional training for department employees.

The citizens of Union City will benefit from the acceptance of the Selective Traffic Enforcement Program grant funding.

FISCAL IMPACT
The STEP grant funding of $95,000 from the Office of Traffic Safety will provide the necessary resources to support the enforcement and education efforts identified above.

In anticipation of receiving the FY 2025-2026 OTS STEP Grant, $92,000 was included as estimated revenue, and $96,475 was appropriated, in the FY 2025-2026 OTS STEP Grant Fund budget, of which $4,475 was related to the prior year grant. Therefore, the budget amendments included in the attached resolution are only increasing the revenue and expenditure budgets by $3,000 each, to bring the total revenue and expenditure budgets to $95,000.

RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing the acceptance of FY 2025-2026 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant funds, in the amount of $95,000; and

2. Amending the FY 2025-2026 OTS Fund revenue budget by increasing the revenue projection in Account Number 21421426-44013 (OTS Fund – PD OTS STEP PT26087 – OTS Grant) by $3,000, from $92,000 to $95,000; and

3. Amending the FY 2025-2026 OTS Fund expenditure budget by appropriating $3,000 to the following Account Numbers:

Account Number Account Description
FY26
Adopted
Budget
FY26
Amendments
FY26
Amended
Budget
214-21425-57130 Other Capital Equipment 4,475 0 4,475
214-21426-51115 Overtime Pay 82,951 (2,351) 80,600
214-21426-52110 Medicare Tax 0 1,170 1,170
214-21426-52113 Workers' Compensation (ISF) 0 9,730 9,730 214-21426-53701 Other Operating Supplies 5,436 (3,936) 1,500 214-21426-54214 Paper Printing Svcs (SB1383) 400 (400) 0 214-21426-54310 Travel & Training 915 1,085 2,000
214-21426-54312 Travel/Training Non-Reimb 2,298 (2,298) 0 Totals 96,475 3,000 99,475
for a total FY 2025-2026 OTS Fund expenditure budget of $99,475; and 62 of 98
Agenda Item No. 4.5
City Council Staff Report Page 3 of 3 September 9, 2025

4. Authorizing the City Manager, or her designee, to execute any and all documents necessary to accept the grant, in a form approved by the City Attorney, and take any other such action as is necessary to carry out the purpose and intent of this Resolution.

Prepared by: Andrew Holt, Captain
Submitted by: Jared Rinetti, Police Chief
Attachments

1. Draft Resolution
63 of 98
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FUNDS, IN
THE AMOUNT OF $95,000, FOR FISCAL YEAR 2025-2026, AND
AMENDING THE FISCAL YEAR 2025-2026 OTS FUND BUDGET
WHEREAS, the Union City Police Department applied for a Selective Traffic Enforcement Program (STEP) grant from the Office of Traffic Safety (OTS) to support impaired driving enforcement, traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education; and WHEREAS, the Union City Police Department was awarded $95,000 in grant funding (Grant Number PT26087) to support impaired driving enforcement, traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education; and
WHEREAS, the grant funds will be used in Fiscal Year 2025-2026 in accordance with the requirements outlined in the grant; and
WHEREAS, the City Council desires for the City to accept the grant.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant funds in the amount of $95,000; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2025-2026 OTS Fund revenue budget by increasing the revenue projection in Account Number 21421426-44013 (OTS Fund – PD OTS STEP PT26087 - OTS Grant) by $3,000, from $92,000 to $95,000; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2025-2026 OTS Fund expenditure budget by appropriating $3,000 to the following Account Numbers:
for a total FY 2025-2026 OTS Fund expenditure budget of $99,475; and Account Number Account Description
FY26
Adopted
Budget
FY26
Amendments
FY26
Amended
Budget
214-21425-57130 Other Capital Equipment 4,475 0 4,475
214-21426-51115 Overtime Pay 82,951 (2,351) 80,600
214-21426-52110 Medicare Tax 0 1,170 1,170
214-21426-52113 Workers' Compensation (ISF) 0 9,730 9,730 214-21426-53701 Other Operating Supplies 5,436 (3,936) 1,500 214-21426-54214 Paper Printing Svcs (SB1383) 400 (400) 0 214-21426-54310 Travel & Training 915 1,085 2,000
214-21426-54312 Travel/Training Non-Reimb 2,298 (2,298) 0 Totals 96,475 3,000 99,475
64 of 98
Resolution No. 2025-XXX
Acceptance of OTS STEP Grant Funds FY 2025-2026

Page 2 of 2 ends

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager, or her designee, to execute any and all documents necessary to accept the grant, in a form approved by the City Attorney, and take any other such other action as is necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on September 9, 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
65 of 98
City Council Staff Report Page 1 of 3 September 9, 2025 Agenda Item No. 5.1
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Accepting the Parks and Recreation Master Plan Workplan

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution accepting the Parks and Recreation Master Plan workplan. The proposed project includes an 18-month implementation process that includes a robust facility inventory and assessment, community input, and regular updates to the City Council.

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

Strategy: Develop a ten-year parks operations, maintenance, and capital improvement plan.

BACKGROUND
The Union City Strategic Plan FY 2019-2020 through FY 2024-2025 Final Update includes a strategy to develop a ten-year parks operations, maintenance, and capital improvement plan. The City’s 2040 General Plan, with a 15-year horizon, also establishes a goal to comprehensively update the existing 1999 Parks and Recreation Master Plan. With funding now in place, the City Council has authorized the update of the 25-year-old plan.

While the 1999 Plan provided broad guidelines, it lacked actionable direction, long-term cost estimates, or specific implementation recommendations. Since that time, Union City has grown significantly, adding 11 new parks without a corresponding increase in staffing or updated planning. The City now maintains 35 parks totaling over 138 acres. These parks range from small pocket parks to larger community parks. Additionally, the City benefits from regional open spaces and East Bay Regional Park District parks.

In June 2025, the City contracted with consultant Gates+ Associates, recently rebranded as Gates Studio (Resolution No. 2025-064), to support the Parks and Recreation Commission and staff in developing the Parks and Recreation Master Plan (“Master 66 of 98
Agenda Item No. 5.1
City Council Staff Report Page 2 of 3 September 9, 2025 Plan”). Gates Studio has extensive experience in landscape architecture, urban design, and land planning. With the support of Gates Studio, CRS, and Public Works staff, a workgroup was launched to develop the Master Plan for Council consideration.

The new Master Plan will serve as a comprehensive policy and decision-making guide for planning, programming, and funding of parks, open spaces, and recreational facilities.

Over the next 15 years, to align with the 2040 General Plan. It will establish a long-term vision for meeting community needs by drawing on nationally recognized guidelines from the National Recreation and Park Association, the Trust for Public Land, and the Urban Land Institute. The Master Plan will identify priorities, recommend improvements, and outline strategies for implementation to ensure that parks, amenities, and services are:
 within a 10-minute walk,
 inclusive and accessible,
 clean and safe,
 easy to maintain,
 accommodate emerging trends, and
 meet the current and future needs of park users.

DISCUSSION
Through a collaborative approach, staff and Gates Studio developed a workplan, for June 2025 – December 2026. The workplan takes a multifaceted approach, incorporating robust community outreach and engagement, a baseline inventory and assessment of parks and amenities, and a comprehensive needs assessment. The data and information gathered will shape and inform the development of the Master Plan. Staff will provide ongoing project updates and gather input at the Parks and Recreation Commission meetings. Given the scope of the Master Plan, the workplan is comprised of three phases.

Exhibit A provides detailed workplan activities and timelines. The following is a brief overview of each of the three phases.
 Phase I: Establishment of Parks and Recreation Master Plan Workgroup and Workplan, June 2025 – December 2025
The focus is on establishing a Master Plan workgroup to develop a workplan and launch activities to identify the challenges, needs, preferences, and current usage patterns of parks, amenities, and recreation services. In addition, embark on a robust outreach and engagement strategy to gather input from the community on their vision, interests, and needs for parks, open spaces, facilities, and recreational programming.

City Council Action: Parks and Recreation Commission and City Council accept the Parks and Recreation Master Plan workplan.
 Phase II: Draft Parks and Recreation Master Plan Vision, Priorities, and Recommendations, January 2026 – May 2026
The focus is on gathering secondary community input and feedback on preferences and priorities for the future of parks, open spaces, facilities, amenities, and recreation programming to inform the development of Parks and Recreation Master Plan priorities and recommendations.

City Council Action: Parks and Recreation Commission makes a recommendation 67 of 98
Agenda Item No. 5.1
City Council Staff Report Page 3 of 3 September 9, 2025 to the City Council to accept Parks and Recreation Master Plan update and draft vision, priorities, and recommendations.
 Phase III: Develop and Finalize Parks and Recreation Master Plan Document, June – December 2026
The focus is on developing and finalizing the Parks and Recreation Master Plan document that includes a vision, priorities, and recommendations with preliminary funding and capital improvement investment for parks, open spaces, amenities, and recreation services for the next 15 years.

City Council Action: Parks and Recreation Commission makes a recommendation to the City Council to accept the final Parks and Recreation Master Plan document.

Throughout the project, the Parks and Recreation Commission and the City Council will provide City staff and consultant Gates Studio with guidance and approval on key elements of the development of the Master Plan. More specifically, the City Council will be briefed and asked for their confirmation and approval of the vision, priorities, recommendations, and preliminary funding and capital improvement investments.

FISCAL IMPACT
There is no impact on the general fund and no budget action required at this time.

The Parks and Recreation Master Plan is funded through the Park-In-Lieu (residential) – Fund 255. On May 13, 2025, the City Council authorized the execution of an agreement with Gates + Associates, rebranded as Gates Studio, for the Parks and Recreation Master Plan, City Project No. 24-20, in the amount of $299,010. There is $40,000 remaining in the Five-Year Capital Improvement Plan to cover contingencies. Any future amendment to the contract would require City Council approval.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting the Parks and Recreation Master Plan workplan.

Prepared by: Laura Buzo, Community and Recreation Services Director Submitted by: Laura Buzo, Community and Recreation Services Director Attachments

1. Draft Resolution

2. Exhibit A - Parks and Recreation Master Plan Workplan 68 of 98
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ACCEPTING THE PARKS AND RECREATION MASTER PLAN

WORKPLAN
WHEREAS, the City of Union City adopted a five-year Strategic Plan in 2019.

On September 26, 2023, City Council adopted the Strategic Plan FY 2019-2020 through FY 2024-2025 Final Update, which served as an opportunity for the Council to review progress and establish priorities for the remaining two years of the Strategic Plan. The final update included new strategies to the existing goals; and WHEREAS, in August 2021, and readopted in September 2023, the City Council included in Strategic Plan, Goal D. Environmental Sustainability and Infrastructure: Create a healthy, sustainable community and maintain and improve the City’s infrastructure, and Strategy: Develop a ten-year parks operations, maintenance, and capital improvement plan; and
WHEREAS, the Parks and Recreation Master Plan serve as a comprehensive policy and decision-making guide for planning, programming, and funding of parks, open spaces, and recreation facilities over the next 15 years. It will establish a long-term vision for serving community needs by identifying priorities, recommending improvements, and outlining strategies for implementation; and
WHEREAS, the Parks and Recreation Commission and City of Union City staff with the support of Gates+Associates, rebranded as Gates Studio, will lead the Parks and Recreation Master Plan planning efforts; and
WHEREAS, City staff representing the Community and Recreation Services and Public Works departments with the guidance and support of Gates Studio developed a Parks and Recreation Master Plan workplan for June 2025 – December 2026.; and WHEREAS, the scope of the Parks and Recreation Master Plan workplan is comprised of three phases with detailed activities, timelines, and deliverables.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts the Parks and Recreation Master Plan Workplan, which is attached as Exhibit A.
69 of 98
Resolution No 2025-XXX
Accepting the Parks and Recreation Master Plan Workplan

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of September 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

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

1. Exhibit A – Parks and Recreation Master Plan Workplan 70 of 98
Parks and Recreation Master Plan Workplan, June 2025 – December 2026 1

PARKS AND RECREATION MASTER PLAN

WORKPLAN
June 2025 – December 2026
City staff with the support and guidance of consultant Gates+Associates, recently rebranded as Gates Studio, developed a proposed Parks and Recreation Master Plan Workplan, for June 2025 through December 2026. Given the scope of the project, the workplan is comprised of three phases.

Phase I: Establishment of Parks and Recreation Master Plan Workgroup and Workplan, June 2025 – December 2025
The focus is on establishing a Master Plan workgroup to develop a workplan and launch activities to identify the challenges, needs, preferences, and current usage patterns and the state of parks, amenities, and recreation services. In addition, embark on a robust outreach and engagement strategy to gather input from the community on their vision, interests, and needs for parks, open spaces, facilities, and recreational programming.

Key Activities:

A. Strategic Plan with Union City Staff and Parks and Recreation Commission

1. City staff-led workgroup and Gates Studio will develop a Parks and Recreation Master Plan workplan, with Parks and Recreation Commission and City Council input and feedback to provide project guidance, deliverables, and timelines.

2. City staff-led workgroup and Gates Studio will:
a. Align project with the City’s General Plan, Strategic Plan and Five-Year Capital Improvement Plan.
b. Establish ongoing workgroup meetings to achieve workplan tasks and timelines.
c. Establish the Parks and Recreation Master Plan as a standing agenda item at all the Parks and Recreation Commission Meetings, and City Council meetings, as appropriate, to provide ongoing updates.

B. Community and Stakeholder Outreach and Engagement

1. City staff and Gates Studio will implement a multipronged community outreach and engagement strategy to promote information about the Master Plan and to gather interests, ideas, and desires for parks, open spaces, and recreational facilities.

Community outreach and engagement activities will include:
a. Launch Union City website project page, social media, and related promotional activities citywide.
b. Disseminate paper and online multilingual citywide surveys. c. Conduct in-person outreach and education at community events. 71 of 98
Parks and Recreation Master Plan Workplan, June 2025 – December 2026 2 d. Host a virtual and in-person community meeting and focus groups with diverse sectors of the community.
e. Provide updates on the Master Plan at all scheduled Parks and Recreation Commission and periodic updates to the City Council meetings.

2. To assess and determine programming, usage patterns, and state of Union City parks, facilities, amenities, and recreation services, Gates Studio will:
a. Conduct site visits, inventory, and assessment of Union City parks, community centers, and amenities.
b. Inventory and review recreation and enrichment programming provided in City parks, community centers, and facilities.

C. Information and Data Analysis and Reporting

1. Gates Studio will prepare a preliminary summary report of findings from community input, site visits, parks and facility assessments, maintenance records, operating costs, emerging trends, and best practices, etc.

D. Deliverables

1. Formation and launch of Parks and Recreation Master Plan workgroup and workplan.

2. Project promotional and outreach efforts and activities (e.g., website, social media postings, logo, flyers, etc.).

3. Community and stakeholder outreach and engagement strategies and activities (e.g., surveys, community meetings, po-up events, etc.)

4. Preliminary summary report of findings from community input, data collection and analysis, research, assessments, etc.

City Council Action: Parks and Recreation Commission and City Council accept the Parks and Recreation Master Plan workplan.

Phase II: Draft Parks and Recreation Master Plan Vision, Priorities, and Recommendations, January – May 2026
The focus is on gathering secondary community input and feedback on preferences and priorities for the future of parks, open spaces, facilities, amenities, and recreation programming to inform the development of Parks and Recreation Master Plan priorities and recommendations.

Key Activities:

A. Continued Community and Stakeholder Outreach and Engagement

1. City staff and Gates Studio will implement a secondary community engagement strategy to gain a more specific and in-depth understanding of community interests, ideas, and priorities for parks, open spaces, facilities, and recreational programming. Community outreach and engagement activities will include:
a. Disseminate paper and online multilingual citywide surveys. b. Conduct in-person outreach and education at community events. 72 of 98
Parks and Recreation Master Plan Workplan, June 2025 – December 2026 3 c. Host an in-person and virtual community meeting and focus groups with diverse sectors of the community.
d. Provide updates on the Master Plan at all scheduled Parks and Recreation Commission and periodic updates to the City Council meetings.

B. Information and Data Analysis and Reporting

1. Gates Studio will prepare secondary summary report of additional findings from community input, site visits, parks and facility assessments, maintenance records, operating costs, emerging trends, and best practices, etc.

2. Gates Studio will prepare summary reports of all data and findings, and draft community preferences and priorities and preliminary recommendations with short-term (0-5 years) and long-term (10-15 years)
C. Deliverables

1. Project promotional and outreach efforts and activities (e.g., website, social media postings, logo, flyers, etc.).

2. Community and stakeholder outreach and engagement strategies and activities (e.g., surveys, community meetings, po-up events, etc.)

3. Preliminary summary report of findings from community input, data collection and analysis, research, assessments, etc.

City Council Action: Parks and Recreation Commission and City Council accept the Parks and Recreation Master Plan draft community preferences and priorities and preliminary recommendations.

Phase III: Develop and Finalize Parks and Recreation Master Plan, June – May 2026 The focus is on preparing and finalizing the Parks and Recreation Master Plan that includes opportunities for public review and input from City staff, Parks and Recreation Commission, City Council, and community.

Key Activities:

A. Draft Master Plan Document

1. Gates Studio with the support of City staff will prepare a draft Master Plan document that includes:
a. An overview of the plan goals, methodology, and intended use. b. A summary of existing conditions, inventory, and level of service analysis. c. Actionable recommendations such as but not limited to; policy and procedures, design guidelines, improvements of facilities and parks, enhancement and/or expansion of programming, etc.
d. A strategy with a prioritized road map for the enhancement, renovation, and/or development of parks, amenities, and community facilities. 73 of 98
Parks and Recreation Master Plan Workplan, June 2025 – December 2026 4 e. Cost estimates for proposed enhancement and/or development parks, amenities, and community facilities, and programming. As well as a funding strategy to support priorities and recommendations listed in the final plan. f. Charts, graphs, maps, and other visual data as needed to support the plan and its presentation to the appropriate audiences.

2. City staff and Gates Studio will host opportunities for public review and comment of draft Master Plan document.
a. Community input and feedback from the public review period will be incorporated, as appropriate, in the final Master Plan document.

B. Finalize Master Plan Document

1. Gates Studio with the support, input, and feedback from City staff, Parks and Recreation Commission, City Council, and community will finalize the Master Plan document.

C. Deliverables

1. Public review opportunity for community on draft Master Plan document.

2. Final Union City Parks and Recreation Master Plan document.

City Council Action: Parks and Recreation Commission and City Council accept the final Parks and Recreation Master Plan that includes short-term (0-5 years) and longterm (10-15 years) priorities and recommendations. 74 of 98
Adopt a Resolution Accepting
the Parks and Recreation
Master Plan Workplan
75 of 98
2 BACKGROUND
Strategic Plan FY 2019-2020 through
FY 2024-2025 Final Update.

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

Strategy: Develop a ten-year parks
operations, maintenance, and capital
improvement plan.
76 of 98
3 • 2040 General Plan goal to comprehensively update the existing 1999 Parks and Recreation Master Plan.
• June 2025, the City contracted with consultant Gates+Associates, recently rebranded as Gates Studio.
o Extensive experience in landscape architecture, urban design and land planning.
• CRS and Public Works staff launched a
workgroup with Gates Studio to develop
the Master Plan.

BACKGROUND
77 of 98
4 • Regular Workgroup Meetings
• Preliminary Community Outreach and Engagement Strategy • Baseline Inventory and Assessment of Parks, Facilities, Amenities, and Recreation Programming
• Report Findings to City Council
Workgroup: City Staff and
Gates Studio
Parks and Recreation
Commission
City Council
Phase I, June – Dec. 2025
Decision-Making Body:

Phases and Timeline:

NEXT STEPS
78 of 98
5 • Secondary Community Outreach
and Engagement Strategy
• Baseline Inventory and Assessment
• Report Findings to City Council
• Develop Draft Parks and
Recreation Master Plan
• Community Input and Feedback
• Final Adoption of Parks and
Recreation Master Plan
Workgroup: City Staff and
Gates Studio
Parks and Recreation
Commission
City Council
Phase II, Jan. – May 2026 Phase III, June – Dec. 2026
Decision-Making Body:

Phases and Timeline:

NEXT STEPS
79 of 98
6 •No Fiscal Impact.
•The Parks and Recreation Master Plan
is funded through the Park-In-Lieu.

FISCAL
80 of 98
7 Staff recommends that the City
Council adopt a resolution accepting
the Parks and Recreation Master
Plan workplan.

RECOMMENDATION
81 of 98
City Council Staff Report Page 1 of 4 September 9, 2025 Agenda Item No. 5.2
DATE: September 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Kristopher Kokotaylo, City Attorney
SUBJECT: Overview of Proposition 218 Procedure for an Increase in Assessment for the Citywide Landscape and Lighting District No. 3, and Other Revenue Options; Adoption of Resolution Forming a Revenue Review Ad Hoc Subcommittee and Approving Mayoral Appointments

EXECUTIVE SUMMARY
Staff recommends that the City Council receive this report, providing an overview of the legal process to modify or increase the assessment for the Citywide Landscape and Lighting Assessment District No. 3 (“LLAD No. 3”) and a high-level overview of other potential revenue options. After receiving the report, staff recommend that the City Council consider forming a Revenue Review Ad Hoc Subcommittee consisting of two Council Members to review revenue options and return with a recommendation for Council consideration.

STRATEGIC PLAN ALIGNMENT
This item is related to Strategic Plan Goal A. Financial Stability and Sustainability. Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue, and cost recovery.

BACKGROUND
LLAD No. 3:

The passage of Proposition 218 in 1996 created new procedural and substantive requirements for all Landscaping and Lighting Assessment Districts (LLAD) in the state, the most significant being that any increase or modification to existing LLAD assessments requires notices and ballots to be mailed to all affected property owners.

Assessment increases or modifications to existing LLAD assessments can be implemented if a majority of ballots returned in favor of the proposed assessment, weighted by the proposed assessment, outweigh those that oppose the proposed assessment.

The City has not proposed any increases or modifications to the LLAD No. 3 assessments 82 of 98
Agenda Item No. 5.2
City Council Staff Report Page 2 of 4 September 9, 2025 since 1994. There have since been increases in population, new housing, streets, parks, streetlights, traffic signals, landscaped areas, bio-treatment areas, staff costs, and materials costs.

The services funded by LLAD No. 3 also include work done by outside contractors who maintain our streetlights, traffic signals, street trees, and other miscellaneous items. The cost of delivering such services has continued to rise over the past three decades.

As the City Council is aware, LLAD No. 3 is currently generating assessment revenue that is well below the amount required to fund basic maintenance activities adequately.

The revenue received from LLAD No. 3 is $2,661,687, and the expense associated with LLAD No.3 is $3,832,457.

Other Revenue Options:

The City Council authorized an agreement with TeamCivX and Godbe Research to assist with evaluating community interest in increasing LLAD No.3 and other revenue options.

A high-level summary of the other potential revenue options is identified below in the Discussion section of this report.

DISCUSSION
LLAD Increases:

Increasing assessments under LLAD No. 3 is a three-step process. The first step in the process is for staff to prepare an engineer’s report that calculates the maintenance costs and funding needed for permissible improvements, including landscaping, public lighting, and park maintenance, among others. The engineer’s report also includes a budget and the method for apportioning assessments to property owners based on special benefits received, as well as the proposed assessment rates.

Once the engineer’s report is completed, the second step is for staff to bring the report to the City Council for consideration and approval, as well as a Resolution of Intention to levy and collect assessments. The Resolution of Intention would include a general description of existing and proposed improvements, set a public hearing date, and provide at least 45 days’ notice for property owners to return their ballots. As part of this process, the ballots are mailed to the property owners located within the LLAD, which would likely align with the city limits.

The third step is for the City Council to hold a public hearing where it will receive testimony and tabulate the ballots to determine if a majority of those ballots submitted in favor of the increased assessment exceed those in opposition. The ballots are weighted based on the assessment amount. A majority protest exists if the ballots submitted in opposition of the increase exceed the amount of ballots submitted in favor. If there is a majority protest, the City cannot impose the increase.

If no majority protest exists, the City can impose the assessment for maintenance and improvements in the LLAD as outlined in the engineer’s report.

In light of the required timing to prepare an engineer’s report and comply with the legal requirements for the balloting process, staff believes that it could complete the process in 83 of 98
Agenda Item No. 5.2
City Council Staff Report Page 3 of 4 September 9, 2025 approximately 4 months. This does not account for any outreach and communications with the residents and businesses that the City may seek to engage in advance.

Other Revenue Options:

Below are other revenue options that the City Council can consider. With the exception of an increase to the cannabis tax, all options require voter approval.

Cannabis Business Tax
Union City voters approved Measure DD, a cannabis business tax, in November 2018.

Measure DD passed with approximately 75% of voters voting in favor. The cannabis business tax established varying excise tax rates on the following cannabis business activities: cultivation, distribution, manufacturing, testing, and retail. The City currently only has cannabis retailers and generates approximately $450,000 annually in cannabis business tax revenues. The cannabis business tax established an initial tax rate of 4% of gross revenue on retail. Measure DD includes existing voter approval for the City Council to increase the tax rate to up to 6% of gross revenue on retail. This two percent increase may be achieved by the adoption of a City Council resolution.

Utility Users Tax
Union City voters approved Measure WW, a utility users tax (“UUT”), in November 2020.

Measure WW received approximately 57% of voters voting in favor. The UUT is a 5% tax on utility uses (telecommunications, video, electricity, and gas). The UUT is scheduled to expire on December 31, 2028. Still, the City Council should consider renewal of the UUT in the general election of November 2026, given that the next general election would not be until November 2028, approximately one month before its expiration. The City Council could consider proposing for voter consideration an increase to the UUT, which currently generates approximately $7 million annually in revenue.

Vacant Parcel Tax
Some cities have established vacant parcel taxes on property owners who leave their properties unoccupied or underdeveloped for a specified period of time. The tax amount can vary, though it is typically set at a fixed amount. Additionally, vacant parcel taxes typically include exemptions for circumstances such as properties undergoing renovation or that were recently inherited.

Other Parcel Taxes
The City could consider proposing for voter consideration a parcel tax, such as the prior public safety parcel tax. For 16 years, the City collected a voter-approved public safety parcel tax. The public safety parcel tax was a special tax that funded police, fire, and youth violence prevention services. In March 2020, voters rejected Measure U, which would have extended the public safety parcel tax for eight years beyond its 2021 expiration date. While approximately 63% of voters voted in favor of the measure, this is short of the 2/3 required for passage of a special tax.

Proposed Resolution Authorizing Formation of an Ad Hoc Subcommittee:
84 of 98
Agenda Item No. 5.2
City Council Staff Report Page 4 of 4 September 9, 2025 When considering potential revenue options, the City Council has historically formed an ad hoc subcommittee to evaluate options with staff and City consultants. Should the City Council seek to continue with this historic practice, the City Attorney’s Office has prepared a proposed resolution for the formation of the Revenue Review Ad Hoc Subcommittee (the “Subcommittee”) to be appointed by the Mayor with approval of the City Council.

Members of the Subcommittee will work with the consultants and staff to understand the potential fiscal impacts of the revenue options identified above. The Subcommittee would, as appropriate, also assist in reviewing the proposed community survey that would help the City Council understand voter attitudes toward the proposed revenue options and make a recommendation to the City Council.

FISCAL IMPACT
There is no direct fiscal impact associated with receiving this report and forming the ad hoc subcommittee.

RECOMMENDATION
Staff recommends that the City Council receive this report providing an overview of the legal process to modify or increase the assessment for the Citywide Landscape and Lighting Assessment District No. 3 (“LLAD No. 3”) and a high-level overview of other potential revenue options. After receiving the report, staff recommend that the City Council consider forming a Revenue Review Ad Hoc Subcommittee consisting of two Council Members to review revenue options and return with periodic recommendations for City Council consideration.

Prepared by: Kristopher Kokotaylo, City Attorney
Submitted by: Kristopher Kokotaylo, City Attorney
Attachment

1. Draft Resolution
85 of 98
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY FORMING REVENUE REVIEW AD HOC SUBCOMMITTEE AND

APPROVING MAYORAL APPOINTMENTS
WHEREAS, the Union City Strategic Plan includes Goal A. Financial Stability and Sustainability. Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue, and cost recovery; and WHEREAS, Union City (the “City”) currently has Citywide Landscape and Lighting Assessment District No. 3 (“LLAD No. 3”), which currently generates assessment revenue that is well below the amount required to fund maintenance activities adequately; and
WHEREAS, the City also desires to consider other revenue measures, including revenue measures that are set to expire; and
WHEREAS, the City Council authorized staff to execute an agreement to retain TeamCivX to advise the City on how best to proceed to evaluate the revenue options; and
WHEREAS, the firm of Godbe Research is also being retained under a separate contract to perform public opinion polling that will yield data to inform the feasibility analysis; and
WHEREAS, to assist with the evaluation and make recommendations to the City Council, the City Council desires to form a Revenue Review Ad Hoc Subcommittee (the “Subcommittee”), to conclude its work no later than July 31, 2026; and WHEREAS, the Subcommittee will work with staff and the consulting team to prepare an analysis and recommendations related to LLAD No. 3 and other potential revenue options identified in the September 9, 2025, staff report related to this matter for consideration by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves Mayor Singh’s appointment of [insert] and [insert] to the Revenue Review Ad Hoc Subcommittee to achieve the purposes of the above recitals.

BE IT FURTHER RESOLVED that the Subcommittee shall dissolve by July 31, 2026.
86 of 98
Resolution No. 2025-XXX
Forming Revenue Review Ad Hoc Subcommittee and Approving Mayoral Appointments

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of September 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
87 of 98
Item 5.2 Overview of Proposition 218 Procedure for an Increase in Assessment for the Citywide Landscape and Lighting District No. 3, and Other Revenue Options; Adoption of Resolution Forming a Revenue Review Ad Hoc Subcommittee and Approving Mayoral Appointments
88 of 98
2 Background –Landscape and Lighting District
Citywide Landscape and Lighting Assessment District No. 3 • City has an existing Citywide Landscape and Lighting Assessment District No. 3 (“LLAD No.3”)
• LLAD No. 3 generates assessment revenue of $2,661,687 • Expense associated with LLAD No. 3 is $3,832,457
• Shortfall is $1,170,770
89 of 98
3 Background –Landscape and Lighting District
Citywide Landscape and Lighting Assessment District No. 3 – Current Assessment • Single family residence: $90.19 per parcel
• Commercial: $0.0751 per SF
• Industrial: $0.0563 per SF
90 of 98
4 Background –Landscape and Lighting District
Citywide Landscape and Lighting Assessment District No. 3 – Assessment with Inflation • Assessment Amount ($300): $8,853,600
• Assessment Amount ($200– 3% CPI): $5,902,400
• Assessment Amount ($154 - 2% CPI): $4,544,848
• Assessment Amount to Eliminate GF Subsidy ($129.86): $3,832,457 • Assessment Amount ($90.19 now): $2,661,687
91 of 98
5 Background –Landscape and Lighting District
Legal Process to Increase Landscape and Lighting Assessment District No. 3

1. Preparation of engineer’s report

2. City Council consideration of report and adoption of Resolution of Intention setting Public Hearing and directing staff to mail ballots

3. Public Hearing and tabulation of ballots

4. City Council can approve increased assessment if ballots returned in favor are more than ballots against assessment (weighted)
92 of 98
6 Background –Other Revenue Options
Cannabis Tax
• Measure DD approved in November 2018
• Varying excise tax rates including tax on retail – currently 4% • Voter approval to increase by resolution to up to 6%
• Currently generates approximately $450,000 annually in cannabis business tax revenues.
93 of 98
7 Background –Other Revenue Options
Utility Users Tax
• Measure WW approved in November 2020
• 5% tax on utility uses (telecommunications, video, electricity, and gas) • Expires on December 31, 2028
• Currently generates approximately $7 million annually in revenue 94 of 98
8 Background –Other Revenue Options
Vacant Parcel Tax
• Some cities have established vacant parcel taxes on property owners who leave their properties unoccupied or underdeveloped for a specified period of time • Tax amount can vary
• Typically include exemptions for a variety of circumstances 95 of 98
9 Background –Other Revenue Options
Other Parcel Taxes
• Union City had a public safety parcel tax for 16 years • The public safety parcel tax funded police, fire, and youth violence prevention services In March 2020, voters rejected Measure U, which would have extended the public safety parcel tax for eight years beyond its 2021 expiration date • 2/3 vote required for passage
96 of 98
10 Proposed Resolution
Revenue Review Ad Hoc Subcommittee
• City Council has historically formed an ad hoc subcommittee to evaluate revenue options with staff and City consultants
• Proposed Resolution forms the Revenue Review Ad Hoc Subcommittee to be appointed by the Mayor with approval of the City Council
• Subcommittee would do initial evaluation of revenue options, assist in review potential community survey and make recommendation to the City Council 97 of 98
11 Recommendation

1. Receive report and information regarding revenue options

2. Consider adopting a resolution forming a Revenue Review Ad Hoc Subcommittee consisting of two Council Members to review revenue options and return with periodic recommendations for City Council consideration
98 of 98

Union City City CouncilSeptember 9, 2025

Union City City Council
September 9, 2025