Agenda packet, regular meeting — Union City City Council, October 28, 2025 (part 1 of 2)

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City Council / Successor Agency
Regular Meeting Agenda

NOTICE AND AGENDA

CITY OF UNION CITY

CITY COUNCIL / 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, October 28, 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

2. 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.

2.1. Written Public Comments

3. 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.

3.1. Approve the October 14, 2025 City Council Regular Meeting Action Minutes

3.2. Adopt a Resolution Reappointing Subru Bhat to the Alameda County Mosquito Abatement District Board of Trustees for a Four-Year Term Expiring December 31, 2029

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3.3. Adopt a Resolution Approving an Amendment to Update the Class Specification for the Classification of Chief Building Official/Senior Plans Examiner

3.4. Adopt a Resolution Approving Final Parcel Map 11409 for Hassett Living Trust

4. PUBLIC HEARINGS

4.1. 1) Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation, and adopting findings in Connection with Such Amendment;
2) Adopt a Resolution Amending the FY 2025-2026 Budget in Accordance with the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation for the Lazuli Landing Project; 3) Hold the Tax Equity and Fiscal Responsibility (TEFRA) Public Hearing; 4) Adopt a Resolution Approving a Plan of Finance of the California Municipal Finance Authority to Issue and Reissue Revenue Bonds for a Qualified Residential Rental Project for the Benefit of MP Lazuli Landing Associates, L.P., and Certain Other Matters Relating Thereto; and 5) Adopt a Resolution Approving Final Parcel Map 11004 for the Lazuli Landing Development by the MidPen Housing Corporation ((APNs: 486-3- 29, 486-3-28, 486-3-30, 486-3-35, 486-3-34-3, 4896-3-34-4)

5. CITY MANAGER REPORTS

5.1. Adopt a Resolution Authorizing the Dedication of City-Owned Land as Right-of-Way, Landscape Easement, and Public Utility Easement for Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, and Authorizing the City Manager to Accept Such a Dedication

5.2. Introduce by Title Only, an Ordinance of the City Council of the City of Union City Repealing and Replacing Chapters 15.20, 15.40, 15.44, 15.48,

15.52, 15.80, 15.81, and 15.84 of Title 15, Building and Construction, of the Union City Municipal Code to Incorporate the 2025 California Building Codes with Local Amendments and Adopt a Resolution Finding and Determining the Need for Local Amendments Are Reasonably Necessary Because of Local Climatic, Geologic, or Topographical Conditions, in Accordance with California Health and Safety Code Section 17958.7

5.3. Receive a Report on the Recommendations from the Revenue Review Ad Hoc Subcommittee and Provide Policy Direction

5.4. Adopt a Resolution Setting the Start Time for Regular City Council Meetings at 6:30 PM Beginning in 2026

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY

7. ITEMS REFERRED BY COUNCIL

8. GOOD OF THE ORDER

9. ADJOURNMENT
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Regular Meeting Agenda

MEETING INFORMATION
The City Council is authorized to take action only on items listed on this agenda. Public comment is both welcomed and encouraged on all agenda items. If you wish to address the Council, please complete a speaker card and submit it before the Oral Communications section.

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.

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)
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The Union City Council abides by the following norms:

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

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

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

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

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

6. We will be prepared for City Council meetings and ask our questions of the City Manager in 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 October 28, 2025 | 7:00 PM Page 5 of 5
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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 From: William Lin
To: Mayor and Council Members
Subject: Public Comment: Urging Union City to Create a Public Utility Agenda Item Date: Wednesday, October 22, 2025 8:27:47 AM
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Warning: Unusual sender <[email protected]>
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To the Union City Council and Mayor Singh,
Hi my name is William, I am a resident of Union City. I urge you to take real action and create a City Council agenda item and study session to explore the formation of a publicly run electric utility, one that mirrors Silicon Valley Power in Santa Clara. This utility should deliver and generate electricity for the people, by the people. It must be owned and operated by the city, not by investor-driven corporations like PG&E.

Union City residents are already paying a 5% utility user's tax. Where is that money going? Should we be paying both PG&E and the city? Or should we pay the city directly without this egregious tax—so that Union City can actually help the community? Right now, that tax does not benefit the people. If residents are paying inflated rates, the city should stand behind them, not tax them for nothing.

That tax should be used to build and maintain public infrastructure, including clean energy projects. But we don’t see that happening—unless the city begins to run its own clean energy utility, or at least partners with providers like Ava Community Energy under public control.

Silicon Valley Power combines delivery and generation into one city-run department. They source clean energy and offer rates up to 59% lower than PG&E’s. That’s the model we need.

This is the center of possibility for Union City. If we build a public utility:

People will stay
Families will grow
Jobs and opportunity will flourish
But if we don’t act, the consequences are severe. Small businesses I’ve spoken to say they may be forced to shut down due to upcoming rate hikes. Families are already being forced to move. Many will become homeless if we don’t change course.

We must think about the residents of Union City—and the state as a whole. If you want a successful city, you must model what is right for the people, not what is authoritarian for the rich. We already see oligarchs controlling healthcare, grocery stores, and now electricity. That cannot continue.
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PG&E continues to raise rates while passing wildfire mitigation costs onto communities like ours, communities that don’t even face wildfire risk. Why should Union City pay for their mistakes? Why should we fund a system that rewards executives with multimillion-dollar salaries while our sick, elderly, and low-income neighbors struggle to keep the lights on? Even with CARE discounts and programs like LIHEAP, many residents still cannot afford their bills. Measure W funds from Alameda County are not enough. The California Public Utilities Commission has failed to protect us. We need local solutions, not investor driven excuses.

Thank You
William Lin
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City Council Staff Report Page 1 of 1 October 28, 2025
Agenda Item No. 3.1
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the October 14, 2025 City Council Regular Meeting Action Minutes

RECOMMENDATION
Staff recommends Council approve the minutes.

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

1. Action Minutes
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MINUTES

CITY OF UNION CITY

CITY COUNCIL / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, October 14, 2025 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 7:01 PM.

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

1.2. Roll Call
Attendance Attendee Name
Present Lance Nishihira, Councilmember
Jeff Wang, Councilmember
Scott Sakakihara, Vice Mayor
Gary Singh, Mayor
Absent Jaime Patiño, Councilmember
Mayor Singh called the meeting to order at 7:01 PM.

2. PROCLAMATIONS AND PRESENTATIONS

2.1. Proclamation Recognizing October 19-25, 2025, as United Against Hate Week
Mayor Singh read aloud the proclamation and presented it to Human Relations Commission Chair Pettey and Planning Commission Chair McLelland. Chair Pettey later provided brief comments afterwards. 9 of 305 October 14, 2025 | 7:00 PM Page 2 of 5
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2.2. Proclamation Recognizing October 2025 as Domestic Violence Awareness Month
Mayor Singh read aloud the proclamation and presented it to Safe Alternatives to Violent Environments (SAVE) Jane Dalugdugan, who later provided brief comments afterwards.

2.3. Proclamation in Recognition of October 2025 as Filipino American History Month
Mayor Singh read aloud the proclamation and presented it to Pat Gacoscos, Manny Fernandez, Jim Navarro, and Rosalinda Canlas, who later provided brief comments afterwards.

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

Wendy Huang
There being no further speakers, Mayor Singh closed Oral Communications.

4. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

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

4.1. Approve the September 23, 2025 City Council Regular Meeting Action Minutes
A motion was made to approve the minutes.

4.2. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with Global Office, Inc., for a Five-Year Lease of Seventeen (17) Multifunction Printers and a Maintenance Agreement
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-134
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4.3. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with Global Office, Inc., for Scanning, Indexing, and Destroying Documents
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-135

4.4. Adopt A Resolution Authorizing the City Manager to Execute the First Amendment to the Consulting Services Agreement with Olberding Environmental, Inc. for the Design of a Habitat Mitigation and Monitoring Plan for the Quarry Lakes Parkway Project, City Project No. 18-04 A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-136

4.5. Adopt a Resolution Authorizing the City Manager to Execute the Third Amendment to the Contractual Services Agreement with VSCE, Inc. for Project Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2025-137

5. CITY MANAGER REPORTS

5.1. Adopt a Resolution Approving an Exception to the 180-Day Waiting Period for Post-Retirement Employment of Farooq Azim to Fill the Critically Needed Position of Extra Help for the City Engineer Pursuant to Government Code Sections 7522.56(f)(1) and 21224 and Approve an Employment Agreement with Farooq Azim to Serve as Extra Help to the City Engineer
City Attorney Kokotaylo provided staff presentation.

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

Motion: Adopt a resolution approving an exception to the 180-day waiting period for post-retirement employment of Farooq Azim to fill the critically needed position of Extra Help for the City Engineer pursuant to Government Code Sections 7522.56(f)(1) and 21224 and approve an employment agreement with Farooq Azim to serve as Extra Help to the City Engineer.

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

Enactment No.: Resolution No. 2025-138
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6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

7. ITEMS REFERRED BY COUNCIL
Vice Mayor Sakakihara reported that on October 2, he attended a Personnel Committee meeting for the Housing Authority of the County of Alameda to follow up on the Executive Director’s performance evaluation. He also participated with Mayor Singh in the Alameda County Transportation Commission (Alameda CTC) Programs and Projects Committee (PPC) meeting on October 6. He noted that the full Housing Commission would meet on October 15.

Councilmember Wang reported attending the StopWaste (Alameda County Waste Management Authority) Board meeting on October 8 and the Economic Development Advisory Team (EDAT) meeting on October 16. He also substituted for Councilmember Nishihira at the Alameda County Library Commission meeting held at the Union City Library.

Councilmember Nishihira reported that the Revenue Subcommittee met on October 7 to discuss the Utility Users’ Tax (UUT) ballot measure planned for November 2026. The subcommittee decided to continue research on the Vacant Parcel Tax for a future election cycle and to defer consideration of a Lighting and Landscaping District measure to 2027 to avoid overlap with the UUT measure. He added that staff will return to the City Council for authorization to define the UUT survey parameters. He also reported that the Legislation and Policy Committee had no scheduled meeting and that he would miss the Human Relations Commission meeting on October 22 due to a personal conflict.

Mayor Singh reported attending the Alameda CTC PPC meeting on October 6 with Vice Mayor Sakakihara and the Finance Committee meeting with Councilmember Nishihira to review revenue projections and budget data. He stated that further discussion on the Quarry Lakes Parkway Project will take place at the next Alameda CTC meeting in November.

8. GOOD OF THE ORDER
Councilmember Nishihira reported attending the Union City Boulevard Bike Lanes Ribbon Cutting and the UCPD Employee Recognition Night on September 27, both of which were well attended and organized. He announced that he would attend the State of the City Address later that week.

Councilmember Wang reported attending the Union City Boulevard opening event, the League of California Cities Annual Conference in Long Beach, and the Sama-Sama Festival at Union Landing, noting the large turnout and community engagement.

Mayor Singh reported attending the Union City Boulevard Ribbon Cutting and the grand opening of Azimuth Semiconductor Assembly on Union City Boulevard, which will bring 50– 80 high-paying jobs to the City. He commended staff and public safety departments for their support of recent community events and the Union Landing Festival.

Vice Mayor Sakakihara reported attending the Lions Club Senior Picnic on September 26, the Union City Boulevard Ribbon Cutting, the UCPD Employee Recognition Night, the Chabot College Foundation Gala on October 2, Our Lady of the Rosary Festival on October 4, and the League of California Cities Annual Conference on October 8–10. He also recognized retiring City Engineer Farooq Azim for his years of dedicated service.

Mayor Singh requested that staff place an item on a future agenda to consider adjusting the 13 of 305
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start time of regular City Council meetings from 7:00 p.m. to 6:30 p.m. to accommodate proclamations and presentations earlier in the evening. The City Council concurred to hear the item at the next regular meeting.

Councilmember Wang requested that Public Works continue monitoring stormwater drainage and tree conditions following recent rainfall to ensure public safety. City Manager Joan Malloy acknowledged the request and stated that staff would provide a brief update on storm preparation activities.

9. ADJOURNMENT
Mayor Singh adjourned the meeting at 7:51 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 October 28, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the Successor Agency to the Redevelopment Agency 14 of 305
City Council Staff Report Page 1 of 2 October 28, 2025
Agenda Item No. 3.2
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Reappointing Subru Bhat to the Alameda County Mosquito Abatement District Board of Trustees for a Four-Year Term Expiring December 31, 2029

EXECUTIVE SUMMARY
Staff has prepared a draft resolution reappointing Subru Bhat to the Alameda County Mosquito Abatement District Board of Trustees.

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

BACKGROUND
The Alameda County Mosquito Abatement District ("District") is governed by a Board of Trustees ("Board") consisting of fourteen members. The Mayor, with the concurrence of the City Council, appoints one trustee for thirteen of the incorporated cities within the in the District, and the Board of Supervisors of Alameda County appoints one trustee representing the County-at-large. The City of Albany is not a part of the District. Each trustee serves a two-year or a four-year term.

The Board determines the general policies to be followed, employs the District manager, approves the annual budget, and controls the expenditures. Each fiscal year, the Board determines the rates of the special tax and benefit assessment that will be levied upon property owners. Funds are held in a trust fund by the County Treasurer and paid out on warrants approved by the Board and authorized by the County Auditor. 15 of 305
Agenda Item No. 3.2
City Council Staff Report Page 2 of 2 October 28, 2025

DISCUSSION
With the City Council’s concurrence, Mayor Singh is recommending the reappointment of Mr. Subru Bhat to continue representing Union City on the Alameda County Mosquito Abatement District Board of Trustees.

Mr. Bhat was first appointed by then-Mayor Carol Dutra-Vernaci on December 18, 2017, for a two-year term expiring January 1, 2020. He was subsequently reappointed to a fouryear term expiring January 1, 2024. In December 2023, Mr. Bhat was appointed to an additional two-year term expiring January 1, 2026.

The District has now requested that Union City’s appointee be reappointed for a full fouryear term beginning January 1, 2026, and ending December 31, 2029, consistent with the District’s current governance structure. Mr. Bhat has expressed his willingness to continue serving in this capacity.

FISCAL IMPACT
There is no fiscal impact to the General Fund.

RECOMMENDATION
For the City Council’s consideration, staff has prepared a resolution appointing Subru Bhat to the Alameda County Mosquito Abatement District Board of Trustees for a fouryear term commencing January 1, 2026, and expiring December 31, 2029.

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

1. Draft Resolution
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RESOLUTION NO. 2025-XXX

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

APPOINTING SUBRU BHAT TO SERVE AS TRUSTEE ON THE

ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF
TRUSTEES FOR A FOUR-YEAR TERM EXPIRING DECEMBER 31, 2029 WHEREAS, the Alameda County Mosquito Abatement District (“District”) is governed by a Board of Trustees (“Board”) consisting of fourteen members, thirteen of whom are appointed by the city council for each of the incorporated cities within the District, and one appointed by the Alameda County Board of Supervisors representing the County-at-large; and
WHEREAS, the Board of Trustees establishes general policies for the District, employs the General Manager, approves the annual budget, and oversees the expenditure of funds necessary to protect public health and control mosquito populations within the County; and
WHEREAS, the City of Union City is a participating member of the District and is entitled to appoint one representative to serve as a Trustee on the Board; and WHEREAS, Mayor Singh, with the concurrence of the City Council, has recommended the reappointment of Mr. Subru Bhat to continue serving as Union City’s representative to the Board; and
WHEREAS, Mr. Bhat currently serves a term expiring January 1, 2026, and the District has requested that the City reappoint him for a four-year term consistent with the District’s governance structure; and
WHEREAS, Mr. Bhat has expressed his willingness to continue serving and has demonstrated ongoing commitment to the mission and work of the Alameda County Mosquito Abatement District.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that Subru Bhat is hereby reappointed to serve as the City’s representative on the Alameda County Mosquito Abatement District Board of Trustees for a four-year term commencing January 1, 2026, and expiring December 31, 2029. 17 of 305
Resolution No. 2025-XXX
Reappointment of Subru Bhat to the Alameda County Mosquito Abatement District

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on October 28, 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
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City Council Staff Report Page 1 of 2 October 28, 2025
Agenda Item No. 3.3
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving an Amendment to Update the Class Specification for the Classification of Chief Building Official/Senior Plans Examiner

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution to approve an update of the class specification for the classification of Chief Building Official/Senior Plans Examiner, including retitled to Chief Building Official.

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

BACKGROUND
As part of a review of the classification of Chief Building Official/Senior Plans Examiner job duties and the needs of the City's Economic and Community Development Department relative to align position functions with appropriate qualifications and experience expectations, staff recommends modifications to the classification specification/job description.

DISCUSSION
The proposed classification specification incorporates modifications to align the job duties, qualifications, experience and skills expected of this classification. The goal is to provide clarity on essential functions, qualifications, and certifications during the next recruitment. The City has met and conferred with OE3 Management Employees’ Group (MEG), respectively, regarding the proposed revisions to the classification. No adjustments to the current salary range is recommended at this time. The Economic and Community Development Department worked with the Human Resources Department to ensure the class specification is updated.

FISCAL IMPACT
There is no fiscal impact for the position specification changes being proposed. 19 of 305 Agenda Item No. 3.3
City Council Staff Report Page 2 of 2 October 28, 2025

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification to update the class specification/job description of Chief Building Official/Senior Plans Examiner.

Prepared by: Jason Castleberry, Human Resources Director Submitted by: Jason Castleberry, Human Resources Director Attachments

1. Draft Resolution

2. Chief Building Official (Redlined)

3. Chief Building Official (Clean)
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RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AN AMENDMENT TO UPDATE THE CLASS

SPECIFICATION FOR THE CLASSIFICATION OF CHIEF BUILDING

OFFICIAL/SENIOR PLANS EXAMINER
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the classification of Chief Building Official/Senior Plans Examiner; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification to update the class specification for the classification of Chief Building Official/Senior Plans Examiner; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness, to align critical city services with current staffing levels by ensuring the accuracy and clarity for the classification of Chief Building Official/Senior Plans Examiner; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated classification of Chief Building Official/Senior Plans Examiner, attached hereto and incorporated herein by reference, effective October 28, 2025; and.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classification of Chief Building Official/Senior Plan Examiner.
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Resolution No. 2025-XXX
Class Specification - Chief Building Official/Senior Plans Examiner

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 28th day of October 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
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Class Code: 20580
Created: 9/86
Revised: 11/10/2110/28/25
1 CHIEF BUILDING OFFICIAL/SENIOR PLANS

EXAMINER
Bargaining Unit: Management
FLSA Status: Exempt

DEFINITION
Under the direction of the Economic and Community Development Director, the Chief Building Official/Senior Plans Examiner performs plan check duties, provides technical support at the building counter, supervises assigned staff in the Building Division, provides expert professional and technical assistance to departmental staff in assigned areas of responsibility; and performs related work as required.

CLASS CHARACTERISTICS
This position plans, organizes, assigns, directs, reviews and evaluates staff and activities related to building permit issuance and code enforcement.

EXAMPLES OF DUTIES (illustrative only)
• Performs ReponsibleResponsible for and performs for all in-house plan checking and including review ofs the work of in-house plan checking staff or contract staff who provide plan checking assistance; administers such professional service contracts.
• Responsible for Building, Plumbing, Mechanical, Electrical, Energy, and Green Codes Inspection and ensuring compliance with all building, fire and safety standards and regulations.
• Responsible for Code Enforcement activities and ensuring that buildings and uses comply with City, State and Federal ordinances and laws. • Assists in the development and implementation of goals, objectives, policies, procedures, work standards and the biennial budget for the department in assigned areas of responsibility.
• Recommends selection of assigned personnel and provides for their training and professional development; interprets City policies and procedures to employees; is responsible for morale and productivity of assigned staff. • Prepares and presents Building and Code Enforcement Department reports to the City Council, Planning Commission and other public agencies with analysis, findings and recommendations.
• Coordinates the Building Division activities with other City departments and other public and private agencies.
• Manages and coordinates residential fire sprinkler permitting, inspection and plan check in cooperation with the Fire Department.
• Prepares and issues complex legal notices to maintain public safety and assists other City departments when necessarynecessary, with enforcement on dangerous
buildings and public nuisances.
23 of 305
Class Code: 20580
Created: 9/86
Revised: 11/10/2110/28/25
2 • Confers with and provides professional assistance to members of City departments on matters related to functional areas of responsibility. • Conducts various studies, considers alternatives, and makes recommendations; prepares a variety of periodic and special reports.
• Represents the City in meetings with representatives of governmental agencies, architects, engineers, contractors, property, and business owners and the public; handles difficult inquiries or community complaints. • In the event of an emergency, organizes and participates in the structural evaluation, documentation of damage, repair, inspection, and approval of public and private structures citywide.
• Responsible for periodically amending and updating the building, plumbing, mechanical, electrical, energy, and green codes that are adopted by the City. • Monitors developments related to building inspection and code enforcement matters; evaluates their impact upon City operations and recommends policy and procedural improvements.
• In his or her absence, may serve as the Economic and Community Development Director on a relief basis.

MINIMUM QUALIFICATIONS
Any combination of education and experience that is equivalent to the following:

Bachelor’s degree from an accredited college or university in civil engineering, architecture, construction management or a closely related field.
-ANDFour Five (4(5) years of responsible management experience as a chief building official, unit supervisor or division manager in building inspection services which included managing inspection services involving complex residential, commercial and industrial facilities, orand code enforcement services. Familiarity with code enforcement is desirable.

Licenses and Certificates:

Certification as a Plans Examiner by the International Code Council is required. Certifications as a Chief Building Officer Official or Combination Inspector by the International Code Council is required within 18 months of hireand familiarity with code enforcement programs are highly desirable.

Knowledge Of:
• Principles, practices, techniques of plan checking and building inspection. • Principles, practices, techniques of plan checking, building inspection, and Code EnforcementCode Enforcement practices and techniques.
• Supervisory principles and methods, including goal setting, budget preparation and administration, training, and work scheduling and evaluation techniques. • Applicable City, County, State and Federal laws, codes, ordinances, and regulations. 24 of 305
Class Code: 20580
Created: 9/86
Revised: 11/10/2110/28/25
2 25 of 305
Class Code: 20580
Created: 9/86
Revised: 11/10/2110/28/25
3 Ability To:
• Perform Oversee all in-house plan checking, and perform in-house plan checking, (as needed) and review of the work of all plan check staff including contract staff, providing plan checking assistance.
• Manage, plan, organize, assign, direct, review and evaluate the work of assigned staff; select, train, motivate and evaluate personnel.
• Implement and interpret policies, procedures, goals, objectives, and work standards; analyze complex problems, evaluate alternatives, and make creative recommendations; interpret and explain complex laws and regulations. • Exercise initiative and sound independent judgment within general policy guidelines. • Perform duties with the utmost professionalism and high ethical standards. • Establish and maintain effective working relationships with those contacted in the course of the work; represent the City effectively in meetings with others. • Represent the City effectively in meetings with others and prepare clear, concise and competent reports, correspondence and other written materials utilizing strong verbal and written communication skills.
• Maintain a customer service orientation with the public, developers and City staff.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

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

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

Travel: Positions in this class may require local and statewide travel as necessary. 26 of 305
Class Code: 20580
Created: 9/86
Revised: 10/28/25
1 CHIEF BUILDING OFFICIAL
Bargaining Unit: Management
FLSA Status: Exempt

DEFINITION
Under the direction of the Economic and Community Development Director, the Chief Building Official performs plan check duties, provides technical support at the building counter, supervises assigned staff in the Building Division, provides expert professional and technical assistance to departmental staff in assigned areas of responsibility; and performs related work as required.

CLASS CHARACTERISTICS
This position plans, organizes, assigns, directs, reviews and evaluates staff and activities related to building permit issuance and code enforcement.

EXAMPLES OF DUTIES (illustrative only)
• Responsible for and performs in-house plan checking including review of the work of in-house plan checking staff or contract staff who provide plan checking assistance; administers such professional service contracts. • Responsible for Building, Plumbing, Mechanical, Electrical, Energy, and Green Codes Inspection and ensuring compliance with all building, fire and safety standards and regulations.
• Responsible for Code Enforcement activities and ensuring that buildings and uses comply with City, State and Federal ordinances and laws. • Assists in the development and implementation of goals, objectives, policies, procedures, work standards and the biennial budget for the department in assigned areas of responsibility.
• Recommends selection of assigned personnel and provides for their training and professional development; interprets City policies and procedures to employees; is responsible for morale and productivity of assigned staff. • Prepares and presents Building and Code Enforcement Department reports to the City Council, Planning Commission and other public agencies with analysis, findings and recommendations.
• Coordinates the Building Division activities with other City departments and other public and private agencies.
• Manages and coordinates fire sprinkler permitting, inspection and plan check in cooperation with the Fire Department.
• Prepares and issues complex legal notices to maintain public safety and assists other City departments when necessary, with enforcement on dangerous buildings and public nuisances.
27 of 305
Class Code: 20580
Created: 9/86
Revised: 10/28/25
2 • Confers with and provides professional assistance to members of City departments on matters related to functional areas of responsibility. • Conducts various studies, considers alternatives, and makes recommendations; prepares a variety of periodic and special reports.
• Represents the City in meetings with representatives of governmental agencies, architects, engineers, contractors, property, and business owners and the public; handles difficult inquiries or community complaints. • In the event of an emergency, organizes and participates in the structural evaluation, documentation of damage, repair, inspection, and approval of public and private structures citywide.
• Responsible for periodically amending and updating the building, plumbing, mechanical, electrical, energy, and green codes that are adopted by the City. • Monitors developments related to building inspection and code enforcement matters; evaluates their impact upon City operations and recommends policy and procedural improvements.
• In his or her absence, may serve as the Economic and Community Development Director on a relief basis.

MINIMUM QUALIFICATIONS
Any combination of education and experience that is equivalent to the following:

Bachelor’s degree from an accredited college or university in civil engineering, architecture, construction management or a closely related field.
-ANDFive (5) years of responsible management experience as a chief building official, unit supervisor or division manager in building inspection services which included managing inspection services involving complex residential, commercial and industrial facilities, and code enforcement services.

Licenses and Certificates:

Certifications as a Chief Building Official by the International Code Council is required within 18 months of hire.

Knowledge Of:
• Principles, practices, techniques of plan checking, building inspection, and Code Enforcement.
• Supervisory principles and methods, including goal setting, budget preparation and administration, training, and work scheduling and evaluation techniques. • Applicable City, County, State and Federal laws, codes, ordinances, and regulations. 28 of 305
Class Code: 20580
Created: 9/86
Revised: 10/28/25
2 29 of 305
Class Code: 20580
Created: 9/86
Revised: 10/28/25
3 Ability To:
• Oversee in-house plan checking, perform in-house plan checking, and review work of all plan check staff including contract staff.
• Manage, plan, organize, assign, direct, review and evaluate the work of assigned staff; select, train, motivate and evaluate personnel.
• Implement and interpret policies, procedures, goals, objectives, and work standards; analyze complex problems, evaluate alternatives, and make creative recommendations; interpret and explain complex laws and regulations. • Exercise initiative and sound independent judgment within general policy guidelines. • Perform duties with the utmost professionalism and high ethical standards. • Establish and maintain effective working relationships with those contacted in the course of the work; represent the City effectively in meetings with others. • Represent the City effectively in meetings with others and prepare clear, concise and competent reports, correspondence and other written materials utilizing strong verbal and written communication skills.
• Maintain a customer service orientation with the public, developers and City staff.

Travel: Positions in this class may require local and statewide travel as necessary. 30 of 305
City Council Staff Report Page 1 of 2 October 28, 2025
Agenda Item No. 3.4
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving Final Parcel Map 11409 for Hassett Living Trust

EXECUTIVE SUMMARY
Staff recommends that the City Council approve Final Parcel Map 11409 (PM 11409) to subdivide a single residential parcel into two residential parcels.

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

Goal C, Strategy 5: Promote housing development for all income levels in the community by updating the zoning ordinance to include objective standards to streamline development and facilitate the development of affordable housing.

Goal C, Strategy 8: Prioritize and expedite major land use applications.

BACKGROUND
At its meeting of January 16, 2025, the Planning Commission approved Tentative Parcel Map 11409 (TPM 11409) to subdivide a 15,000-square-foot parcel into two residential lots, consisting of one 8,250-square-foot lot and a 6,750-square-foot lot.

There are two single-family homes located on the existing 15,000-square-foot lot. The existing house at 4489 Horner Street will be on Parcel 1, which is the larger of the two lots. The existing house on 4477 Horner Street will be on Parcel 2, which is the smaller of the two proposed lots.

A copy of the Final Parcel Map (PM 11409) is attached as Exhibit A.

DISCUSSION
To facilitate future potential residential development, including accessory dwelling units, the applicant has added a 20-foot-wide access easement to the proposed lots. The easement includes a Private Access and Utilities Easement (PAUE) and a Private Storm Drain Easement (PSDE) to serve possible future residences for ingress, egress, and 31 of 305
Agenda Item No. 3.4
City Council Staff Report Page 2 of 2 October 28, 2025
parking. The easement must be kept open and free of any structures, including any fences or walls, as noted under the Owner’s Statement.

The front 53 feet of the private access easement also serves as an Emergency Vehicle Access Easement (EVAE) required by the Alameda County Fire Department to provide emergency vehicles with adequate access to future units in the rear of the proposed parcels.

The approval of the Tentative Parcel Map 11409 (TPM 11409) also included several other conditions that must be complied with by the owners of the two lots being created.

The developer has presented Final Parcel Map 11409 (PM 11409), which is in substantial compliance with the Tentative Parcel Map 11409 (TPM 11409).

FISCAL IMPACT
There is no direct fiscal impact of this item as the subdivider is responsible for paying all costs associated with the preparation of the Final Parcel Map, including the Final Parcel Map Filing Fee in the amount of $7,168, to the Public Works Department prior to City staff signing the Final Parcel Map.

No improvements to the site are proposed at this time as part of this subdivision.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution, which will accomplish the following:

1. Approve Final Parcel Map 11409 (PM 11409) to subdivide a single residential lot into two residential lots.

2. Direct the execution and filing of PM 11409 with the County Recorder’s Office.

Prepared by: Farooq Azim, Extra Help
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Draft Resolution

2. Exhibit A – Parcel Map 11409
32 of 305
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING FINAL PARCEL MAP 11409 FOR HASSETT LIVING
TRUST
WHEREAS, the Hassett Living Trust has submitted Final Parcel Map No. 11409 (“PM 11409”), attached hereto as Exhibit A, to subdivide one existing residential parcel into two residential parcels; and
WHEREAS, PM 11409 is in substantial conformance with Tentative Parcel Map No. 11409 (“TPM 11409”) approved by the Planning Commission on January 16, 2025; and
WHEREAS, PM 11409 subdivides a 15,000-square-foot parcel into two lots consisting of approximately 8,250 square feet (Parcel 1) and 6,750 square feet (Parcel 2); and
WHEREAS, the existing residence located at 4489 Horner Street will remain on Parcel 1, and the existing residence located at 4477 Horner Street will remain on Parcel 2; and
WHEREAS, to accommodate future residential development, including accessory dwelling units, a 20-foot-wide private access easement has been established between the two lots; and
WHEREAS, the easement area includes a 9-foot-wide and an 11-foot-wide Private Access and Utilities Easement (PAUE) and a Private Storm Drain Easement (PSDE) on Parcel 1 and Parcel 2, respectively, to provide ingress, egress, and utility service for potential future dwellings; and
WHEREAS, the easement area shall remain open and unobstructed by any structures, including fences or walls, as specified in the Owner’s Statement; and WHEREAS, the subdivider shall pay all applicable Final Parcel Map filing fees prior to recordation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves Final Parcel Map No. 11409 for the subdivision of one residential parcel into two residential parcels; and
BE IT FURTHER RESOLVED that the City Council authorizes the execution and filing of Final Parcel Map No. 11409 with the Alameda County Recorder’s Office.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of October 2025, by the following vote:

AYES:

NOES: 33 of 305
Resolution No. 2025-XXX
Approve Final Parcel Map 11409 for Hassett Living Trust

Page 3 of 2 ends

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 – Parcel Map 11409
34 of 305
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36 of 305
City Council Staff Report Page 1 of 13 October 28, 2025 Agenda Item No. 4.1
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: 1) Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation, and adopting findings in Connection with Such Amendment; 2) Adopt a Resolution Amending the FY 2025-2026 Budget in Accordance with the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation for the Lazuli Landing Project; 3) Hold the Tax Equity and Fiscal Responsibility (TEFRA) Public Hearing; 4) Adopt a Resolution Approving a Plan of Finance of the California Municipal Finance Authority to Issue and Reissue Revenue Bonds for a Qualified Residential Rental Project for the Benefit of MP Lazuli Landing Associates, L.P., and Certain Other Matters Relating Thereto; and 5) Adopt a Resolution Approving Final Parcel Map 11004 for the Lazuli Landing Development by the MidPen Housing Corporation ((APNs: 486-3-29, 486-3-28, 486-3-30, 486-3-35, 486-3-34-3, 4896-3-34-4)

EXECUTIVE SUMMARY
This staff report will provide general background and updates on the Lazuli Landing project (Section 1), followed by three sections addressing the items before the City Council. Section 2 will cover amendments to the Disposition, Development, and Loan Agreement (DDLA), related documents, and related budget allocations. Section 3 will address the bonds used to finance the project under the Tax Equity and Fiscal Responsibility Act (TEFRA). Section 4 will be on the Final Parcel Map.

Staff recommends that the City Council take the following actions:

1. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Disposition and Development Loan Agreement between the City and MidPen Housing Corporation and Adopting Findings in Connection with Such Amendment (Attachments 1 and 2); and

2. Adopt a Resolution Amending the FY 2025-2026 Budget in Accordance with the Disposition, Development, and Loan Agreement Between the City and MidPen Housing Corporation for the Lazuli Landing Project (Attachment 3); and 37 of 305
Agenda Item No. 4.1
City Council Staff Report Page 2 of 13 October 28, 2025

3. Hold the TEFRA Public Hearing; and

4. Adopt a Resolution Approving a Plan of Finance of the California Municipal Finance Authority to Issue and Reissue Revenue Bonds for a Qualified Residential Rental Project for the Benefit of MP Lazuli Landing Associates, L.P., and Certain Other Matters Relating Thereto (Attachment 4); and

5. Adopt a Resolution approving Final Parcel Map 11004 for the Lazuli Landing Development by the MidPen Housing Corporation (Attachments 5 and 6).

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

Goal C, Strategy 5: Promote housing development for all income levels in the community by implementing the Housing Element, updating the zoning ordinance to include objective standards for new multi-family residential development to streamline the review of applications for housing developments, and other measures.

SECTION 1 – GENERAL BACKGROUND AND UPDATES
Project History
In 2018, the City issued a Request for Proposals, inviting non-profit affordable housing organizations to submit proposals to develop affordable housing on a vacant City-owned property bounded by Mission Boulevard, D Street, 2nd Street, and E Street. MidPen Housing Corporation (MidPen) was selected by the City Council, and the project, Lazuli Landing, was approved on July 28, 2020. Lazuli Landing will provide 80 affordable units for extremely low-, very low-, and low-income households and one manager’s unit, along with about 6,300 square feet of ground floor space that the City will use to provide services by one or a combination of the City’s Youth and Family Services (YFS) Division and possibly other social service providers.

Between 2019 and 2021, the Lazuli Landing project received approval for several applications, including:
o General Plan Amendment to Corridor Mixed Use Commercial (Included in the 2040 General Plan approved by the City Council on December 10, 2019) • Draft Initial Study/Mitigated Negative Declaration, Zoning Text Amendment to create Corridor Mixed Use Commercial and Zoning Map Amendment (2020) MidPen-ISMND-RTC-Addendum
• Site Development Review, Use Permit, and Tentative Parcel Map (2020) (see Figure 1 for rendering of Mission Boulevard frontage as amended) • Disposition, Development and Loan Agreement (DDLA) and other regulatory agreements (2020)
• Authorization to apply for and receive an Affordable Housing Sustainable Communities (AHSC) grant (2021)
38 of 305
Agenda Item No. 4.1
City Council Staff Report Page 3 of 13 October 28, 2025 Figure 1: Mission Boulevard Rendering
The project is funded by a variety of City, County, State, and other sources. The funding has evolved following the City Council’s approval in 2020. The Lazuli Landing project did not receive an Infrastructure Infill Grant award due to the program's high oversubscription, but did receive an Affordable Housing and Sustainable Communities (AHSC) award in 2022. The project received approval for tax-exempt bonds and tax credits in April 2025. The changes in the financing plan are shown in Table 1, comparing the 2020, 2021, and 2025 plans.

Due to increases in costs and shifts in funding, MidPen has requested additional funding from the City. See the discussion in the DDLA section of this staff report regarding the staff recommendation for an additional $456,351 to increase the amount of Union City’s Loans and Grants from $6,834,924 to $7,291,275 and proposed shifts in the sources of these funds. The sources of Union City’s contributions include Alameda County Measure A1 Base City Housing In-Lieu Funds, former Redevelopment Agency (RDA) bond funding, RDA tax increment funds, land sale proceeds, below-market ground lease, and Capital Improvement Program (CIP) funds, as shown in Table 2.

Table 1: Lazuli Landing Financing Plan
Funding Source 7/28/2020
Proposal
5/25/2021
Proposal at time
of AHSC Grant
Application
2025 Financing
Plan
Comments
Alameda County A1
Regional Bond
Allocation
$4,453,899 $4,453,899 $4,453,899
Alameda County A1
Union City Bond
Allocation
$8,787,121 $8,787,121 $8,787,121
Union City Housing
Funds Loan $5,034,924 $5,034,924 $4,355,613
2025 Housing
Successor Agency
Grant
$1,135,662
MidPen submitted a
request to the City for
additional funding to
cover increased
costs; an additional
$456,351 is
proposed, along with
a shift of RDA bond
proceeds to a grant;
see additional
discussion in the
DDLA section below.
39 of 305
Agenda Item No. 4.1
City Council Staff Report Page 4 of 13 October 28, 2025 City Grant for Centro
and YFS Offices $1,800,000 $1,800,000 $1,800,000
Housing Trust
Silicon Valley
(HTSV) Permanent
Loan serviced
through net
operating income
$3,574,000 $5,035,266 $2,887,000
HTSV is providing
$2.8M during
construction, and the
loan will then roll
over to the
"Permanent Loan
serviced through net
operating income"
upon completion of
construction.

Infill Infrastructure
Grant $5,034,216 $3,793,115 Not awarded MidPen applied, but was unsuccessful AHSC Grant $16,406,261 $16,400,000 $13,500,000 See comments below
Federal Home Loan
Bank of San
Francisco Affordable
Housing Program
$800,000 $800,000 $2,000,000
MP Lazuli Landing
Associates, L P
equity generated
from 4% Tax Credits
and leveraged
Investor proceeds
$29,691,913 $34,499,063 $41,055,423
MidPen Housing
Corporation
Equity/Deferred
Developer Fee
$8,064,486 $235,258 $9,703,227
State Department of
Development
Services
$1,500,000
Funding award was
received to provide
supportive services for
intellectually/
developmentally
disabled (I/DD)
persons for the 20%
AMI units in the
project.

Total $83,646,820 $80,838,646 $91,177,945
The City Council adopted Resolution 5760-21 on May 25, 2021, which authorized the City Manager to execute an implementation agreement with MidPen and facilitate the submittal of the AHSC grant application. The AHSC grant was awarded on February 26, 2022, in Round 6 of the California Department of Housing and Community Development (HCD) AHSC Program. The AHSC grant not only provides $13.5 million for the housing project but also provides $7,623,592 for transportation improvements, including $200,000 to the City for pedestrian improvements in the Decoto Neighborhood, $800,000 to the City for bicycle facility improvements on Decoto Road between 11th Street and Mission Boulevard, and the remainder of $6,623,592 to BART for BART improvements. The City committed to providing $1,159,427 in matching funds for the construction of pedestrian and bicycle transportation improvements. The AHSC guidelines require that these improvements be constructed by November 30, 2027. These projects, once determined, will be included in the next update to the Capital Improvement Program for City Council review as part of the FY 2026-2027 budget update process. 40 of 305 Agenda Item No. 4.1
City Council Staff Report Page 5 of 13 October 28, 2025 MidPen has been actively pursuing funding for the project since the approvals in 2020.

To make the project more competitive for funding opportunities, including tax credits and tax-exempt bonds, adjustments were made to reduce the total development cost and the cost per unit. These changes have been reviewed and approved at the staff level as generally consistent with the original approvals. A summary of the changes includes:
• Removal of exterior stairs – The exterior stairs along Mission Boulevard and Second Street leading to the podium level were removed. The wall of the Second Street plaza, which will be more visible with the stairs removed, will host a mural. • Building height – Building height was reduced by 2'-2", taken from Floor 1. The upper levels remained as is.
• Reduced parking – The second level of the parking garage and associated access ramp from Floor 1 to Floor 2 parking were removed. This portion of the garage has been left open to the sky. This reduced the parking count from 121 to 105, with 96 stalls for the apartments and nine stalls for YFS use. (Note that pursuant to State law, parking requirements within one-half mile of a major transit stop cannot be enforced through normal land use requirements.) • Parking garage entry and exit – The parking garage entry and exit on E Street was eliminated. The garage entry and exit on D Street was retained. • Removal of select exterior metal architectural elements - The Juliette balconies were removed.
• Removal of dropped ceilings - The dropped ceilings in the interior first-floor residential common spaces and first-floor commercial spaces were removed. • Change storefront to vinyl windows – Exterior windows located along Mission Boulevard were changed from storefront to vinyl.

As part of modifications to improve the project's tax credit and tax-exempt bond scores, some residential amenities were consolidated to the ground floor. The second-floor afterschool program room was eliminated, leaving the landscaped podium courtyard as an amenity space. A larger centralized laundry room, bicycle storage room, and community room are included on the ground floor.

Community Outreach
In addition to the required publication of the TEFRA hearing notice at least seven (7) days prior to the City Council TEFRA hearing on October 28, 2025, staff provided a courtesy notice to the surrounding neighborhood advising them of the October 28, 2025 City Council meeting and the opportunity to hear the status update provided on the Lazuli Landing project, the City Council’s consideration of minor amendments to the DDLA, the holding of the TEFRA Public Hearing, and the approval of the Final Parcel Map.

MidPen has indicated that, prior to the start of construction, they will communicate with the adjacent neighbors. MidPen will also include information about the project on its website, including how to apply for the affordable housing units, as units become available. Project completion is estimated for mid-2027. Of the 81 units, 67 units will have a live/work preference for households in Union City at varying affordability levels.

Alameda County approved the City’s live/work preference and will prioritize households that live or work in Union City at the time of lease up. There was an additional request for a preference for former residents of Union City, but Alameda County could not approve it as part of the Lazuli Landing project because it conflicted with County Measure A1 41 of 305
Agenda Item No. 4.1
City Council Staff Report Page 6 of 13 October 28, 2025 Implementation Policies.

SECTION 2 - AMENDMENTS TO THE DISPOSITION, DEVELOPMENT, AND LOAN

AGREEMENT
Background
The Disposition, Development and Loan Agreement (DDLA) approved by the City Council on July 28, 2020 describes the City obligations for leasing property to MidPen Housing to construct the project, loans and grants the City will provide to construct the project, affordability restrictions MidPen must provide, and terms for MidPen to provide office space for City services (planned at the time to be Centro de Servicios (CDS) and/or Youth and Family Services (YFS)). As a result of an additional recent review by CDS and YFS, it has been determined that the space will be used only by YFS.

The City will retain ownership of the land and lease the property to MidPen at the rate of $1 per year for a 99-year lease term. MidPen will lease the office space to the City at the rate of $1 per year.

The DDLA, as approved in 2020, includes City funding assistance, including:
• $5,034,924 loan that will be available to fund construction costs and will roll over into a permanent loan
• $1.8 million grant to construct offices to be used by the City • $8,787,121 comprising City Base commitment of Alameda County A-1 bond funds A Summary Report was prepared in 2020 pursuant to Section 33433 of the California Health and Safety Code describing the terms of the proposed ground lease.

Discussion
The proposed amendments to the DDLA and related documents are discussed below and contained in Exhibit A (Attachment 2) to the attached Resolution (Attachment 1).

City Loan and City Grant Amounts. As mentioned in the Background section, despite adjustments to the design, the project still requires additional funds due to increased construction costs. MidPen has requested additional funds from the City. City staff assessed the need for funds and the various City funds available, and recommended adding $456,351, bringing the total amount of City loans and grants from $6,834,924 in 2020 to $7,291,275 in 2025, as shown in Table 2.

In addition, staff recommends some shifts in the sources of City funds for the City loan and changing the $1.1M in Housing Bond proceeds from a portion of the loan to become a grant. This will allow the City to utilize additional RDA funds that are available and appropriate for this project (because it is in a former redevelopment project area) and retain affordable housing in-lieu fees that are less restricted for other projects and uses. 42 of 305
Agenda Item No. 4.1
City Council Staff Report Page 6 of 13 October 28, 2025 43 of 305
Agenda Item No. 4.1
City Council Staff Report Page 7 of 13 October 28, 2025 Table 2: Lazuli Landing Sources of City Funds
Sources of
Funds
2020 Financing Plan 2025 Financing Plan
City Housing
Funds loan
$5,034,924
Sources:
• $2,434,924 - Housing inlieu Fees & sale
proceeds
• $1.1M - 2010 Housing
Bond Proceeds Issued in
2015
• $1.5M - RDA Housing
Tax Increment Funds
$4,355,613 (new amount)
Sources:
• $1,850,399 - Housing Inlieu Fees & sale proceeds
already expended for
predevelopment use
(Fund 233)
• $2,505,214 - RDA
Housing Tax Increment
Funds (Fund 201) to
replace Housing in-lieu
Fees & sale proceeds
and additional funds for
development
2025 Housing
Successor
Agency Grant
None • $1,135,662 - 2010
Housing Bond Proceeds
Issued in 2015 (Fund 275)
City grant to
construct offices
$1.8M from CIP developer fees $1.8 M from CIP developer fees (including the fees paid by
MidPen) (Fund 411)
Total $6,834,924 $7,291,275
(Net addition of $456,351 to
2020 Financing Plan)
Staff recommend adoption of the attached Resolution (Attachment 3) amending the FY 2025-2026 budget as shown in Table 2, consistent with the amendment to the DDLA.

The following paragraphs describe the DDLA Exhibits that are being amended (B, C, E, F, and H). DDLA Exhibits A, D, G, I, and J are not being amended.

Revised Schedule of Performance (Exhibit B-1 to the DDLA Amendment). The Revised Schedule notes the items that have already been completed and includes revised dates corresponding to tax credit funding requirements.

Revised Scope of Development (Exhibit C-1 to the DDLA Amendment). Some minor changes to the scope of development include:
• Parking. A reduction in the number of parking stalls from 121 to 105 has been included in the project because the upper parking level was eliminated to reduce costs (see Table 3). This reduced the residential parking ratio from 1.3 stalls/unit to 1.185 stalls/unit. The number of parking stalls allocated to the City’s use remains at nine stalls. Because the site is within one-half mile of a major transit stop, parking requirements cannot be enforced under normal land-use regulations. 44 of 305
Agenda Item No. 4.1
City Council Staff Report Page 7 of 13 October 28, 2025 45 of 305
Agenda Item No. 4.1
City Council Staff Report Page 8 of 13 October 28, 2025 Table 3: Parking Provided
Number of Units 2020: Number of
Stalls Provided
2025: Number of
Stalls Provided
1 bedroom 21 21 Parking spaces
will be assigned in
the order of the
waitlist and to
households with a
vehicle.
2 bedroom 37 37 Parking spaces
will be assigned in
the order of the
waitlist and to
households with a
vehicle.
3 bedroom 23 46 46
Visitor, staff, and
Disabled Parking
Spaces
8 8
YFS/CDS 9 9
Total 81 121 105
• Residential Amenities. As part of modifications to improve the project's tax credit score, some residential amenities were consolidated to the ground floor. The second-floor after-school program room was eliminated, leaving the landscaped podium courtyard as an amenity space. A large central laundry room, a bicycle storage room, and a community room are included on the ground floor.

Revised Financing Plan (Exhibit E-1 to the DDLA Amendment). As noted in Table 1 above, the funding has changed due to the unsuccessful Infrastructure Infill Grant application and new funding from the State Department of Development Services for $1.5 million. Staff notes that this funding adjustment requires a shift in the preferences for the 20% of Area Median Income (AMI) units to be for persons with intellectual/developmental disabilities (I/DD) rather than a homeless preference. This request was approved by the City Manager pursuant to Section 6.2 of the DDLA, which states, “Developer may request changes to the mix of affordable units if necessary to obtain competitive sources of financing for the Development.” Any such changes shall be subject to the approval of the City Manager, which approval shall not be unreasonably withheld or delayed.” MidPen has also noted that prioritizing I/DD households referred by the Regional Center of East Bay (RCEB) for these 20% of AMI units will provide access to funding for supportive services to support these households.

Revised Promissory Note (Exhibit F-1 to the DDLA Amendment). The revised amount of the City Loan is reflected in the Revised Promissory Note.

Revised Regulatory Agreement (Exhibit H-1 to the DDLA Amendment). The project will continue to be one hundred percent (100%) affordable units with some minor adjustments to the affordability levels and the targeting of the 20% of AMI units. The Regulatory Agreement attached to the original DDLA restricted the sixteen (16) 20% of AMI units and twenty-three (23) of the Very Low-Income Units (up to 50% of AMI), in other 46 of 305
Agenda Item No. 4.1
City Council Staff Report Page 9 of 13 October 28, 2025 words, 39 of the 80 affordable units, even though other agreements with the County and State will restrict most or all of the remaining units. The Revised Regulatory Agreement restricts all 80 affordable units for the 99-year term of the Agreement.

The number of AMI units has been increased from 16 to 17 due to the change in funding.

Another significant change is the elimination of the six (6) units at 80% of AMI and adding a new category of 30% of AMI. Changes to the affordability restrictions were necessary to be more competitive for financing, including tax credit and tax-exempt bond financing. The previous and currently proposed affordability restrictions are shown in Tables 4 and 5.

Table 4: 2020 Affordability Restrictions
Unit Size Extremely
Low-Income
Units (20% of
AMI)
Very LowIncome
Units (40%
of AMI
Very LowIncome
Units (50%
of AMI
LowIncome
Units (60%
of AMI)
LowIncome
Units (80%
of AMI)
Total
Units
1-Bedroom 13 3 2 2 1 21
2-Bedroom 3 10 10 11 2 36
3-Bedroom 5 6 9 3 23
Unrestricted
Manager’s
Unit
1 Total Units 16 18 18 22 6 81
Table 5: 2025 Affordability Restrictions
Extremely
Low-Income
Units (20% of
AMI)
Extremely
Low-Income
Units (30% of
AMI)
Very LowIncome
Units (40%
of AMI)
Very LowIncome
Units (50%
of AMI)
LowIncome
Units (60%
of AMI)
Total
Units
1-Bedroom 14 2 5 21
2-Bedroom 3 1 9 19 4 36
3-Bedroom 3 2 11 7 23
Unrestricted
Manager’s Unit
1 Total Units 17 4 13 35 11 81
The Regulatory Agreement also includes a City live/work preference for 67 units. As part of the County Measure A1 funding award, Lazuli Landing has approval to have 67 units with a City live-or-work preference first (County live-or-work preference second). If there are insufficient applicants currently living in Union City for any of the 67 units, a household presently residing in Alameda County would have a higher position on the lottery waitlist than a household that does not live in Alameda County. The remaining 13 units have a County live-or-work preference. The 13 units with a County live or work preference would be layered with 13 of the 17 I/DD set-aside units, and the remaining 4 I/DD set-aside units would be layered with the City live or work preference, which would be a subset of the 67 City live or work preference units. 47 of 305
Agenda Item No. 4.1
City Council Staff Report Page 10 of 13 October 28, 2025 The Regional Center of the East Bay (RCEB), which will be referring I/DD households, has informed MidPen that it serves 738 current I/DD clients who are also Union City Residents and potential applicants for these units at Lazuli Landing. Table 6 shows how the City and County Live/Work Preferences are allocated by income level.

Table 6: City and County Live/Work Preferences
Extremely
Low-Income
Units (20% of
AMI) + I/DD
Set-aside
Extremely
Low-Income
Units (30% of
AMI)
Very LowIncome
Units (40%
of AMI)
Very LowIncome
Units (50%
of AMI)
LowIncome
Units (60%
of AMI)
Total
Units
City Preference 4 4 13 35 11 67
County
Preference
13 13
Unrestricted
Manager Unit
1 Total Units 17 4 13 35 11 81

FISCAL IMPACT
All new developments, including this project, will generate additional revenue for the City through a one-time fee payment. New residential development is required to pay impact fees to offset the City's costs for providing services, including police, fire, and parks.

Additional standard citywide fees apply to this project, including a traffic signalization fee, a General Plan Cost Recovery Fee, plan check and inspection fees, building permit fees, grading permit fees, and final parcel map review fees.

The City will be providing a $1.8 million grant to the project to construct offices for YFS and improvements for the City offices from the CIP developer fees, a loan comprised of $4,355,613 in housing in-lieu fees and RDA tax increment funds, and a 2025 Housing Successor Agency Grant of $1,135,662 from housing bond proceeds.

More details on the fiscal impacts to the City are contained in the Summary Report Pursuant to Section 33433 of the California Health and Safety Code, prepared in 2020.

As discussed above, the City’s prior commitment to provide matching funds for the AHSC Grant for transportation improvements will enable the City to benefit from the AHSC funds allocated to pedestrian and bicycle improvements.

SECTION 3 – BOND FINANCING PURSUANT TO TEFRA
Background
TEFRA provides a mechanism for affordable housing developments to obtain financing from tax-exempt bonds. The Borrower (MidPen) requested that the California Municipal Finance Authority (CMFA) serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $48,000,000 (the “Bonds”) of tax-exempt revenue bonds.

The proceeds of the Bonds will be used to finance and refinance the acquisition, 48 of 305
Agenda Item No. 4.1
City Council Staff Report Page 11 of 13 October 28, 2025 construction, development, and equipping of an 81-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower (MidPen) and located on a Cityowned site bounded by Mission Boulevard, D Street, 2nd Street, and E Street within the City.

In order for the Bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) that provides members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for financing the Project. Prior to a TEFRA Hearing, reasonable notice must be provided to the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development by financing economic development and charitable activities throughout California. To date, over 350 municipalities have joined CMFA.

The CMFA was formed to assist local governments, non-profit organizations, and businesses in issuing taxable and tax-exempt bonds to improve the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

Discussion
The TEFRA Public Hearing is an opportunity for members of the public to speak or submit written comments regarding the proposal to issue the bonds. A notice of the public hearing was published in a newspaper of general circulation (The Argus) at least seven (7) days before the hearing in conformance with state law requirements. There is no obligation on the part of City staff to respond to any specific comments on the bond issue. Following the public hearing, the City Council is asked to adopt a resolution approving the issuance of the bonds by the CMFA (Attachment 4).

Fiscal Impact
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, or moral obligation, liability, or responsibility for the Project or the repayment of the Bonds used to finance the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers stating that the Bonds are not obligations of the City or the State of California, but are to be paid solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit debt issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates another portion to the Foundation for the support of local charities. With respect to the City of Union City, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the City's general fund. Such a grant may be used for any lawful purpose of the City.
49 of 305
Agenda Item No. 4.1
City Council Staff Report Page 12 of 13 October 28, 2025 SECTION 4 - FINAL PARCEL MAP
Background
At its meeting of July 28, 2020, the City Council adopted Resolution 5631-20 approving the project, including Tentative Parcel Map TPM 11004 to combine several underlying parcels into a single 1.65-acre parcel to develop 81 affordable apartments and 6,319 square feet of office space, which is to be leased to the City for City services.

Following the July 28, 2020, approval, the project encountered delays, and, pursuant to the Municipal Code, the tentative parcel map would have expired if the final map had not been recorded within 2 years.

However, the Subdivision Map Act allows a developer to apply to the City Council for an extension of a tentative map before its expiration. At its meeting of August 9, 2022, the City Council approved MidPen’s application for a 5-year extension until September 26, 2027, by adoption of Resolution 5988-22.

Discussion
The 1.65-acre city-owned property, which will be leased to the developer, is bounded by Mission Boulevard, D Street, 2nd Street, and E Street. It includes several small Cityowned parcels that are being combined through the parcel map to enable development on a single parcel.

In addition to the 81 affordable apartments and 6,319 square feet of office space, which will be leased to the City for city services, the project will include undergrounding the existing overhead power poles on D Street and E Street. Wheelchair ramps will also be upgraded to meet current standards. New landscaping, lighting, and stormwater treatment facilities will also be installed.

To meet fire flow requirements, a new fire hydrant water line will also be extended from across the Mission Boulevard/Whipple Road intersection to the site.

The developer provided improvement plans and the engineer’s estimate for the site work, which were reviewed and approved by the Public Works Department.

The developer has presented Final Parcel Map 11004 (Attachment 6), which is in substantial compliance with Tentative Parcel Map 11004. Staff recommends adoption of the attached Resolution approving Final Parcel Map 11004 (Attachment 5).

Fiscal Impact
The developer will pay all Public Works Departments’ fees associated with the development, which are summarized as follows:

1. Final Parcel Map Fee - $7,168

2. Plan Check & Inspection Fee - $141,464

3. Traffic Signalization Fee - $141,592

4. Grading Permit Fee - $3,048
50 of 305
Agenda Item No. 4.1
City Council Staff Report Page 13 of 13 October 28, 2025

5. Technology Fee (2% of grading permit fee) - $61
Total Fees (Items 1 – 5) = $293,333

6. Grading Permit Bond - $27,587 (Refundable)

7. Encroachment Permit Fees – Will be collected for any work in the public right-ofway and determined at the time of issuance of one or more permits and based on the time required of the inspector.

RECOMMENDATION
Staff recommend that the City Council take the following actions:

1. Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation and adopting findings in Connection with Such Amendment (Attachments 1 and 2); and

2. Adopt a Resolution Amending the FY 2025-2026 Budget in Accordance with the Disposition, Development, and Loan Agreement between the City and MidPen Housing Corporation for the Lazuli Landing Project (Attachment 3); and

3. Hold the TEFRA Public Hearing; and

5. Adopt a Resolution Approving Final Parcel Map 11004 for the Lazuli Landing Development by the MidPen Housing Corporation (APNs: 486-3-29, 486-3-28, 486-3-30, 486-3-35, 486-3-34-3, 4896-3-34-4) (Attachments 5 and 6).

Prepared by
Leslie Carmichael, Consulting Planner
Francisco Gomez Jr., Housing and Community Development Manager Farooq Azim, City Engineer
Submitted by
Carmela Campbell, Economic and Community Development Director Attachments:

1. Draft Resolution Approving and Authorizing First Amendment to DDLA

2. Exhibit A - First Amendment to DDLA

3. Draft Resolution Amending the FY 2025-2026 Budget

4. Draft Resolution Approving a Plan of Finance by CMFA to Issue and Reissue Bonds

5. Draft Resolution Approving Final Parcel Map 11004

6. Exhibit A - Final Parcel Map 11004 51 of 305
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE DISPOSITION, DEVELOPMENT, AND LOAN

AGREEMENT BETWEEN THE CITY AND MIDPEN HOUSING

CORPORATION AND ADOPTING FINDINGS IN CONNECTION WITH

SUCH AMENDMENT
WHEREAS, the City is the owner of a 1.65-acre block of undeveloped real property bounded by Mission Boulevard, D Street, 2nd Street, and E Street in the City (the “Property”); and
WHEREAS, the Property was acquired by the Redevelopment Agency of the City of Union City in 2002 and 2003 with proceeds from a 1999 bond issue secured by property tax increment, and upon the dissolution of the Redevelopment Agency, the Property was transferred at no cost to the City pursuant to the Long-Range Property Management Plan of the Successor Agency to the Redevelopment Agency of the City of Union City; and
WHEREAS, the City and the MidPen Housing Corporation (“MidPen”) entered into an Exclusive Negotiating Rights Agreement (“ENRA”), dated August 15, 2018, which provides for the parties to negotiate towards a disposition and development agreement for the City’s disposition of the Property to MidPen or its assignee (“Developer”), the Developer’s construction and operation of an affordable housing development thereon with associated community facilities (the “Community Space”), and the City’s provision of financial assistance to the Developer therefor; and WHEREAS, City and MidPen staff have negotiated the terms and conditions under which Developer would lease the Property from the City for a term of ninety-nine (99) years (the “Ground Lease”) to develop, construct, own and operate an eighty-one (81) unit multi-family housing development, a portion of which would be affordable to extremely low, very low and low income households, with associated community facilities (the “Project”); and
WHEREAS, the Project, the Property and the terms and conditions for development, financing and operation of the Project are more particularly described in a Disposition, Development and Loan Agreement between the City and MidPen (the “DDLA”) and the attachments thereto, which was approved by the City Council on July 28, 2020 by adoption of Resolution No. 5632-20; and
WHEREAS, California Health and Safety Code Sections 33430 and 33431 provide that the City may lease property obtained from a redevelopment agency without public bidding, provided the City holds a noticed public hearing; and WHEREAS, California Health and Safety Code Section 33433 provides that prior to the lease of property acquired with tax increment funds, (i) the City must prepare and make available to the public the lease agreement and a report describing the terms of the lease and development of the property (the “Summary Report”), (ii) the City Council must hold a public hearing following notice, and (iii) the City Council must approve the conveyance by a resolution adopting specified findings; and 52 of 305
Resolution No. 2025-XXX
Authorizing Execution of First Amendment to Lazuli Landing DDLA

Page 2 of 4 ends

WHEREAS, in 2020, the City caused notice to be published, caused a Summary Report to be prepared, made the DDLA and the Summary Report available for public review, and conducted a public hearing in accordance with all legal requirements; and WHEREAS, the rental payment for the Property will be One Dollar ($1.00) per year due on the commencement date of the lease and on each succeeding anniversary thereafter in advance for the next succeeding lease year; and WHEREAS, the City financing for the Project included in the DDLA as approved on July 28, 2020 by Resolution No. 5632-20 included (i) a loan in the amount of Five Million Thirty-Four Thousand Nine Hundred Twenty-Four Dollars ($5,034,924) (the “Loan”), and (ii) a grant in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000) (the “Grant”) to be used for the costs of construction and installation of the Community Space and tenant improvements for the Community Space; and WHEREAS, the City wishes to amend the City financing for the Project as provided in the First Amendment to the DDLA to include (i) a loan in the amount of Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613) (the “Loan”), (ii) a grant in the amount of One Million One Hundred Thirty-Five Thousand Six Hundred Sixty-Two Dollars ($1,135,662) (the “2025 Housing Successor Agency Grant”), and (iii) a grant in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000) (the “City Grant”) to be used for the costs of construction and installation of the Community Space and tenant improvements for the Community Space; and
WHEREAS, MidPen has assigned, or will assign, its rights under the DDLA to MP Lazuli Landing Associates, L.P., a California limited partnership (the “Developer”), in which MidPen is the managing general partner; and
WHEREAS, concurrently with the commencement of the Ground Lease, the City and Developer will enter into a “Regulatory Agreement” in the form attached to the DDLA, which will restrict residential rents in all of the apartment units in the Project (except one manager’s unit) to very low income and extremely low income residents at affordable levels for a period of ninety-nine (99) years; and WHEREAS, concurrently with the commencement of the Ground Lease, the City and Developer will enter into a “Community Space Sublease” in the form attached to the DDLA, pursuant to which the Developer will sublease approximately 6,000 square feet of office space in the Project to the City to be used for the City’s Youth and Family Services program and/or other City departments and programs, and/or other nonprofit and community organizations as determined by City, and other uses as determined by City; and
WHEREAS, in 2020, the Developer applied to the City for a density bonus and incentives and concessions pursuant to the State Density Bonus Law, Government Code Section 65915, et seq., based on providing a portion of the units on the Property to be affordable to very low income households, and the DDLA and the Regulatory Agreement are intended to implement the requirement for the Project to provide 53 of 305 Resolution No. 2025-XXX
Authorizing Execution of First Amendment to Lazuli Landing DDLA

Page 3 of 4 ends

affordable housing units in exchange for receiving the density bonus and incentives and concessions pursuant to the State Density Bonus Law; and WHEREAS, the lease of the Property pursuant to the DDLA and the Ground Lease are subject to the requirements of the Surplus Property Act, Government Code Section 54220, et seq., as it existed on December 31, 2019, because the ENRA between the City and MidPen was entered into prior to September 30, 2019, and the Ground Lease of the Property was expected to occur no later than December 31, 2022; and
WHEREAS, the Project is within the scope of the Initial Study/Mitigated Negative Declaration entitled “Midpen Affordable Housing Project,” dated October 2019, prepared pursuant to the California Environmental Quality Act (CEQA) and adopted by the City Council on February 11, 2020; and
WHEREAS, in the course of arranging financing for the Project, the Developer has made minor changes to the Project and has proposed related minor amendments to the DDLA.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

1. The City Council finds that the foregoing Recitals are true and correct and are incorporated into this Resolution.

2. The City Council finds that the proposed amendments to the DDLA are exempt from the California Environmental Quality Act (CEQA) under the Common Sense Exemption pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant environmental impact due to these changes, which include, but are not limited to, changes in financial terms, lease provisions, and the affordable housing regulatory agreement.

3. The City Council hereby finds that the 2020 Summary Report adequately summarizes the proposed project as amended.

4. The City Council finds that the lease of the Property and the provision of the Loan, the 2025 Housing Successor Agency Grant, and the City Grant are in accordance with the DDLA, as amended, and the Ground Lease will assist in the development of housing for extremely-low, very-low, and low-income households.

5. The City Council finds that the consideration to be paid for the lease of the Property pursuant to the Ground Lease is not less than the fair reuse value of the Property, at the use and with the covenants and conditions imposed by the DDLA, as amended, the Ground Lease, and the Regulatory Agreement.

6. The City Council approves the First Amendment to the DDLA, and authorizes the City Manager (or designee), on behalf of the City, to execute the First Amendment to the DDLA, the Ground Lease, the Regulatory Agreement, and the Community Space Sublease substantially in the forms attached to the DDLA, and to 54 of 305
Resolution No. 2025-XXX
Authorizing Execution of First Amendment to Lazuli Landing DDLA

Page 4 of 4 ends

make revisions and amendments to such documents, subject to the approval of the City Attorney, so long as such actions do not materially or substantially change the uses or construction permitted on the Property, or materially or substantially add to the costs incurred or to be incurred by the City as specified in the DDLA, Ground Lease, Regulatory Agreement or Community Space Sublease, and such amendments may include extensions of time to perform as specified in the Schedule of Performance.

7. The City Council authorizes the City Manager to disburse the Loan, the 2025 Housing Successor Agency Grant, and the City Grant, to execute such other documents, and to take all other actions as necessary to carry out the DDLA, as amended, the Ground Lease, the Regulatory Agreement, and the Community Space Sublease, and to carry out the intent of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on October 28, 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 – First Amendment to the DDLA (Lazuli Landing) 55 of 305

EXHIBIT A

FIRST AMENDMENT TO

DISPOSITION, DEVELOPMENT, AND LOAN AGREEMENT
(Lazuli Landing)
This First Amendment to Disposition, Development, and Loan Agreement (the "First Amendment") is entered into as of _______________, 2025, by and between the City of Union City, a California municipal corporation (the "City"), the City of Union City, as successor to the housing functions of the Community Redevelopment Agency of the City of Union City (“Housing Successor Agency”), and MP Lazuli Landing Associates, L.P., a California limited partnership (the "Developer").

RECITALS
A. City and Developer entered into a Disposition, Development, and Loan Agreement dated as of July 28, 2020 (the " DDLA"). The DDLA provides for the City to ground lease to Developer certain undeveloped real property bounded by Mission Boulevard, D Street, E Street and 2nd Street, in the City of Union City (the “Property”), and for Developer to develop an eighty-one unit affordable multifamily rental housing development thereon (the “Affordable Housing Improvements”), together with approximately 6,000 square feet of ground floor office space (the “Community Space Improvements”) (together, the “Development”).

B. Pursuant to the DDLA, City has made a loan to Developer in the original principal amount of Five Million Thirty-Four Thousand Nine Hundred Twenty-Four Dollars ($5,034,924) (the “City Loan”). A portion of the City Loan has been disbursed by City to and on behalf of Developer and used for predevelopment expenses related to the Affordable Housing Improvements. Developer has executed and delivered to City a Promissory Note in the original principal amount of the City Loan, dated July 28, 2020 (“Promissory Note”). The Parties now desire to reduce the amount of the City Loan to Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613).

C. Pursuant to the DDLA, City has agreed to make a grant to the grantee designated by Developer in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000), to be used for a portion of the costs of construction and development of the Community Improvements (the “City Grant”). The Parties now desire for Housing Successor Agency to make an additional grant to the designee of Developer (the “Grantee”), in the amount of One Million One Hundred Thirty-Five Thousand Six Hundred Sixty-Two Dollars ($1,135,662), from the proceeds of the Housing Successor Agency’s housing bonds (the “Housing Successor Agency Grant”). The Housing Successor Agency Grant will be used by the Grantee to provide a loan to Developer for a portion of the costs of construction and development of the Affordable Housing Improvements. The obligation of the City to make the City Grant in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000) will remain in effect without modification.

D. The Parties desire to make such other modifications to the DDLA as are necessary to carry out and implement the Development.
56 of 305

EXHIBIT A
NOW, THEREFORE, City, Housing Successor Agency and Developer hereby agree as follows:

1. City Loan.
a. The amount of the City Loan, as set forth in Sections 1.1(h) and 4.1 of the DDLA, is hereby revised to Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613).
b. Concurrently with this First Amendment, the Developer shall execute and deliver to City a First Amendment to City Loan Promissory Note in the form attached hereto as Exhibit F-1.
c. The amount of the City Loan as set forth in the Deed of Trust shall be revised to the amount set forth in paragraph (a) of this Section 1.

2. Housing Successor Agency Grant. The following new Section 4.13 is hereby added to the agreement:
“Section 4.13. Housing Successor Agency Grant. Successor Agency hereby agrees to grant to the grantee designated by the Developer the sum of One Million One Hundred Thirty-Five Thousand Six Hundred Sixty-Two Dollars ($1,135,662), from the proceeds of the Housing Successor Agency’s housing bonds (“Housing Successor Agency Grant”). The Housing Successor Agency Grant funds shall be used by the Grantee to provide a loan to the Developer to be used for a portion of the costs of construction of the Affordable Housing Improvements, in accordance with the Scope of Development. The Housing Successor Agency Grant shall be disbursed in accordance with the Final Financing Plan.”

3. Revised Schedule of Performance. The Schedule of Performance attached to the DDLA as Exhibit B is hereby replaced and superseded by the Revised Schedule of Performance attached hereto as Exhibit B-1.

4. Revised Scope of Development. The Scope of Development attached to the DDLA as Exhibit C is hereby replaced and superseded by the Revised Scope of Development attached hereto as Exhibit C-1.

5. Revised Financing Plan The Financing Plan attached to the DDLA as Exhibit E is hereby replaced and superseded by the Final Financing Plan attached hereto as Exhibit E-1.

6. Revised City Regulatory Agreement. The City Regulatory Agreement attached to the DDLA as Exhibit H is hereby replaced and superseded by the Revised City Regulatory Agreement attached hereto as Exhibit H-1. 57 of 305

EXHIBIT A

7. No Other Amendments. Except as amended by this First Amendment, the DDLA shall continue unmodified and in full force and effect. All terms not separately defined herein shall have the meanings as defined in the DDLA. 58 of 305

EXHIBIT A
59 of 305

EXHIBIT A
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed as of the date set forth above.

DEVELOPER:

MP Lazuli Landing Associates, L.P., a
California limited liability company
By: MP Lazuli Landing LLC
a California limited liability company,
its general partner
By: MidPen Housing Corporation,
a California nonprofit public benefit
corporation,
its sole member/manager
By:
____________________________
Abigail Goldware Potluri,
Assistant Secretary
60 of 305

EXHIBIT A
61 of 305

EXHIBIT A
CITY:

City of Union City, a California municipal
corporation
By: _____________________________
Joan Malloy, City Manager
Attest:

By: _____________________________
Thai Nam Pham, City Clerk
Approved as to Form:

By: _____________________________
Kristopher Kokotaylo, City Attorney
HOUSING SUCCESSOR AGENCY:

City of Union City, as successor to the housing
functions of the Community Redevelopment
Agency of the City of Union City
By: _____________________________
Joan Malloy, City Manager
Attest:

By: _____________________________
Thai Nam Pham, City Clerk
Approved as to Form:

By: _____________________________
Kristopher Kokotaylo, City Attorney
62 of 305

EXHIBIT A
63 of 305

EXHIBIT A
EXHIBIT “B-1”

SCHEDULE OF PERFORMANCE
(REVISED OCTOBER 2025)
This Schedule of Performance summarizes the schedule for various activities under the Disposition, Development, and Loan Agreement (the "Agreement") to which this exhibit is attached. The description of items in this Schedule of Performance is meant to be descriptive only, and shall not be deemed to modify in any way the provisions of the Agreement to which such items relate. Section references herein to the Agreement are intended merely as an aid in relating this Schedule of Performance to other provisions of the Agreement and shall not be deemed to have any substantive effect. As provided in Section 2.1 of this Agreement, this Schedule of Performance may be modified by Operating Memoranda executed in accordance with Section 9.15 of this Agreement.

Action Date

1. Title Report. City shall provide
Developer an updated Title Report.
[§2.7]
Completed

2. Developer Deposit. Return of
Deposit to Developer. [§2.5]
Completed

3. Developer Secures Financing.

Developer shall submit applications for
financing for Development including to
the County of Alameda and State
Department of Housing and
Community Development. Completed

4. Application – Tax Credits (First
Application). Developer shall submit
an application to TCAC for a
preliminary reservation of 4% tax
credits. [§2.4]
Completed

5. Application – Tax Credits
(Subsequent Applications). Developer
shall submit a second and subsequent
applications to TCAC for a preliminary
reservation of 4% tax credits if the first
application is unsuccessful. [§2.4]
Completed
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EXHIBIT A
Action Date

6. Submission – Financing Plan.

Developer shall prepare and submit
the Final Financing Plan for City
approval. [§2.3]
[Completed]

7. Approval – Financing Plan. The
City shall approve or disapprove the
proposed Final Financing Plan. [§2.3]
[Completed]

8. Submission of Construction Plans.

Developer shall submit Construction
Plans to the City for approval. [§2.8]
[Completed]

9. Closing. City shall ground lease
the Property to Developer. [§3.4; 3.5]
Upon satisfaction or waiver of
conditions set forth in Section 3.4 and

3.5, but in no event later than (i)
December 31, 2025, with a one-year
extension to be permitted if approved
by the City Manager or his or her
designee, and (ii) the latest date
permitted under the Surplus Land Act,
Government Code §54220, et seq.

10. Commencement of Construction.

Developer shall obtain a building
permit and commence construction of
the Development. [§5.2]
Within three hundred sixty-five (365)
days of receipt of tax credit allocation
from TCAC.

11. Completion of Construction.

Developer shall complete construction
of the Development. [§5.3]
Within 24 months after
commencement.

12. Progress Reports. Developer
shall provide quarterly progress
reports to the City. [§5.6]
Until Development is fully leased-up.
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EXHIBIT A
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EXHIBIT A
EXHIBIT C-1

SCOPE OF DEVELOPMENT
(REVISED OCTOBER 2025)
The following describes the Lazuli Landing development (“Project”) proposed by MidPen Housing Corporation (“MidPen”). While this summary presents the program currently envisioned for the proposed development, it is understood that modifications may be made with mutual agreement between MidPen and City of Union City (“City”).

1. Proposed Onsite & Offsite Improvements
The Lazuli Landing project site is a 1.6 acre vacant site, currently owned by the City, and the project site is bounded by Mission Boulevard, 2nd Street, D Street, and E Street. On this vacant site, MidPen shall construct a mixed-use development with construction of 81 total new units (including 1 onsite manager's unit that is not subject to affordability or occupancy restrictions) and approximately 6,000 square feet of ground floor office space for sublease to the City.

The Project shall include 81 units and shall receive a density bonus pursuant to state law.

The Project will include 21 one-bedroom units, 37 two-bedroom units, and 23 threebedroom units, subject to City approval. Due to funding source requirements, the proposed development will be required to have a certain percentage of larger bedroom types, including the two and three bedroom units, which may be revised with mutual approval of the Parties. The unit mix shall be as follows:

Overall Unit Mix:
1 bedroom 21 units
2 bedroom 37 units
3 bedroom 23 units
TOTAL UNITS 81 units
The approximate residential parking ratio will be 1.185:1. Developer shall underground all existing overhead utilities, which are located along the street frontage of 2nd Street, D Street, and E Street. Developer shall comply with the requirements of local utility agencies, such as Alameda County Water District (ACWD) and Union Sanitary District (USD), with respect to offsite improvement work to service the Project.

2. Ground Floor Office Space for City.

The Project shall include approximately 6,000 square feet of ground floor office space suitable for City and nonprofit, governmental, or community organization use in the building ("Community Space"). MidPen will construct and develop the commercial shell as well as the tenant improvements ("TIs") for the Community Space. The TIs shall be suitable for office space for staff, meeting space to meet with clients, amenities to support clients, including limited food pantry storage, clothes washer and dryer machine, and 67 of 305

EXHIBIT A
showers. 9 onsite parking spaces enclosed within the Project parking garage will be made available exclusively to City as part of the leased Community Space.

3. Resident Amenities and Open Space.

The Project shall include various indoor and outdoor amenities available to residents living at the Property, including a community room, playground, laundry room, bicycle storage room, office with small conference room, and outdoor seating with a BBQ area.

The Project will include an office for MidPen Property Management and Services for staff working at the property and to meet with residents.

4. Tentative and Final Parcel Map
MidPen will prepare a tentative and final parcel map for the Project for the approval of the City, to merge the existing multiple parcels.
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EXHIBIT A
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EXHIBIT A
EXHIBIT “E-1”

FINAL FINANCING PLAN
Final Financing Plan Narrative
I. Construction Financing: $ 86,953,173

1. Tax-Exempt and Taxable Construction Loan: $36,681,460 The loan term is proposed to be 29 months with 6.33% interest rate. The loan will be repaid from syndication proceeds and the permanent bank loan.

2. Alameda County A1 Regional Bond Allocation Funds: $4,453,899 The Regional and City Base Allocation are proposed to be available during construction and to roll over into permanent financing. The loan terms for Regional and City Base Allocation are currently proposed to be 3% interest, 55 years, and payments from prorata share of 75% of the residual receipts.

3. Alameda County A1 City Base Allocation Funds: $8,787,121 The City of Union City committed its City Base Allocation in the amount shown above.

The Regional and City Base Allocation are proposed to be available during construction and to roll over into permanent financing. The loan terms for Regional and City Base Allocation are currently proposed to be 3% interest, 55 years, payments from prorata share of 75% of the residual receipts.

4. City of Union City Housing Funds: $4,355,613
The City of Union City committed funds in the amount shown above. The City loan is to be available during construction (with a portion available during predevelopment) and to roll into permanent financing. The loan terms are 0% interest, 55 years, with payments from pro rata share of residual receipts.

5. GP Loan for City of Union City Funds for YFS and Centro de Servicios Office Development ($1,800,000) and City Housing Bond Proceeds ($1,135,662):
$2,935,662
The City of Union City is granting in the amount shown above to MidPen for the commercial office development and residential development. MidPen is to loan the project the amount shown above. The loan terms are 0% interest, 55 years, with deferred payment.

6. Housing Trust Silicon Valley (HTSV) Apple Construction Loan: $2,887,000 70 of 305

EXHIBIT A
HTSV has committed the above-mentioned funds. The loan terms proposed are 3% interest and 29 months and to roll into permanent financing at 2% with repayment.

7. California Department of Development Services (DDS): $1,500,000 State DDS has committed the above referenced funds. The loan terms proposed are 3% interest and to roll into permanent financing with deferred payment.

8. MidPen Construction Loan: $10,000,000
MidPen has committed the above referenced construction loan. The loan terms proposed are 0% interest and for repayment to occur at permanent loan conversion.

9. Federal Home Loan Bank San Francisco Affordable Housing Program (FHLBSF AHP):
$2,000,000
FHLBSF awarded the above referenced funds from AHP. The loan terms proposed are 0% interest, 55 years, with deferred payment.

10.Deferred Developer Fee: $722,247
MidPen has committed to defer its developer fee in the above referenced amount. To the extent there is net cash flow from year to year, this fee will be repaid as a priority payment from net cash flow.

11.LP Equity (Tax Credit Investor Proceeds): $4,105,542 This 4% tax credit project is expected to generate Limited Partner (LP) tax credit equity proceeds in the above amount at construction closing.

12.General Partner (GP) Equity (Tax Credit Source): $ 8,980,980 As allowed by the California Tax Credit Allocation Committee, earned developer fee in excess of the developer fee cap must be contributed back to the project in the form of General Partner (GP) equity or deferred developer fee. This project is proposing to contribute in the form of GP equity.

II. Permanent Financing: $91,177,945

1. Housing Trust Silicon Valley (HTSV) Apple Construction Loan Perm Loan:
$2,887,000
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EXHIBIT A
This perm loan will be serviced from net operating income. The proposed loan term is

17.6 years with a 17.6 year amortization and 2% interest rate.

2. State Housing and Community Development (HCD) Department – Affordable Housing and Sustainable Communities: $13,500,000
HCD awarded the project with the above referenced funds. The project is proposing to apply for the above-mentioned funds from State HCD. The proposed loan terms are currently 3% simple interest, 55 years, and payments from prorata share of 75% of the residual receipts with other soft loan lenders.

3. Alameda County A1 Regional Bond Allocation Funds: $4,453,899 See above.

4. Alameda County A1 City Base Allocation Funds: $8,787,121 See above.

5. City of Union City Housing Funds: $4,355,613
The City of Union City committed funds in the amount shown above. The City loan is to be available during construction (with a portion available during predevelopment) and to roll into permanent financing. The loan terms are 0% interest, 55 years, with payments from pro rata share of residual receipts.

6. GP Loan for City of Union City Funds for YFS and Centro de Servicios Office Development ($1,800,000) and City Housing Bond Proceeds ($1,135,662):
$2,935,662
See above.

8. Federal Home Loan Bank San Francisco Affordable Housing Program (FHLBSF AHP):
$2,000,000
FHLBSF awarded the above referenced funds from AHP. The loan terms proposed are 0% interest, 55 years, with deferred payment.

9. Deferred Developer Fee: $722,247
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EXHIBIT A
MidPen has committed to defer its developer fee in the above referenced amount. To the extent there is net cash flow from year to year, this fee will be repaid as a priority payment from net cash flow.

10.LP Equity (Tax Credit Investor Proceeds): $ 41,055,423 This 4% tax credit project is expected to generate Limited Partner (LP) tax credit equity proceeds in the above amount at construction closing.

11.General Partner (GP) Equity (Tax Credit Source): $ 8,980,980 As allowed by the California Tax Credit Allocation Committee, earned developer fee in excess of the developer fee cap must be contributed back to the project in the form of General Partner (GP) equity or deferred developer fee. This project is proposing to contribute in the form of GP equity.

IV. Asset Management Fees and Partnership Management Fees:

An Asset Management Fee is a required fee paid to the equity investor committing tax credit equity to this project. This fee is paid to the equity investor for overhead expenses associated with tax credit reporting requirements. To the extent there is available cash flow, a Partnership Management fee is a fee paid to the limited partnership for overhead expenses associated with the administrative management and maintenance of the limited partnership. Administrative management includes staff time associated with complying with ongoing and required lender and investor reporting requirements.

The Asset Management and Partnership and fees are $7,500 and $33,000 and respectively with an escalator. Per the current Alameda County underwriting requirements, these fees are capped at $25,000 total per year, with no escalator.

However, the County can adopt new fee caps per State HCD limits and MidPen may request to increase these fees accordingly such that these fees are consistent with Alameda County underwriting requirements and industry standards.

V. Developer Fee:

The total developer fee in tax credit eligible basis is $10,728,347. Of this amount, $1,025,120 will be paid upfront as project milestones are achieved (“Upfront Developer Fee”) including permanent financing conversion. The remaining $9,703,227 is proposed to be contributed to the project as GP Equity. In the event that any portion of the Upfront Developer Fee is deferred during the construction period, that portion will be repaid as a priority payment from net cash flow.

The Upfront Developer Fee is a one-time fee paid to MidPen in the amount of $1,025,120, which will pay for overhead and staff time costs associated with developing the project. 73 of 305

EXHIBIT A
The Upfront Developer Fee amount will be in conformance with the fee limit imposed by the California Tax Credit Allocation Committee.
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EXHIBIT A
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EXHIBIT A
Permanent Sources Uses
HTSV Apple Loan $ 2,887,000.00 Land $ 99.00
HCD AHSC $ 13,500,000.00
County Measure A1 Bond $ 4,453,899.00 Other Acquisition Costs $ 170,000.00 City Base Measure A1 Bond $ 8,787,121.00
Site Work and Structures
(including commercial) $ 56,415,397.00
City of Union City - Housing Fund Loan $ 4,355,613.00
Overhead & Profit & Insurance &
Bond $ 2,723,908.00
GP Loan - City Centro & Youth and
Family Services $ 2,935,662.00 Owner Contingency $ 2,934,148.00 State DDS Loan $ 1,500,000.00 Architecture & Engineering $ 4,679,995.00 FHLBSF AHP $ 2,000,000.00 Construction Loan Interest $ 2,892,354.00 Deferred Developer Fee $ 722,247.00 Permanent Financing $ 150,000.00 Capital Contributions Title & Legal Fees $ 255,000.00
General Partner (Developer Fee) $ 8,980,980.00 Capitalized Reserves $ 2,651,601.00 Limited Partners $ 41,055,423.00 Permit and Fees $ 4,772,240.00 Other Soft Costs $ 2,804,856.00
Developer Fee $ 10,728,347.00
Total $ 91,177,945.00 Total $ 91,177,945.00
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1 EXHIBIT “F-1”

FIRST AMENDMENT TO PROMISSORY NOTE
(Lazuli Landing)
THIS FIRST AMENDMENT TO PROMISSORY NOTE (this “Amendment”), is entered into as of _______________, 2025, by and between MP LAZULI LANDING ASSOCIATES, L.P., a California limited partnership ("Borrower"), and the CITY OF UNION CITY, a California municipal corporation ("Holder). Borrower and Holder are collectively referred to herein as the “Parties.”

RECITALS
A. MidPen Housing Corporation and Holder entered into a Disposition, Development and Loan Agreement dated July 28, 2020 (the “DDLA”). The DDLA provides for the City to ground lease to Borrower certain undeveloped real property in the City of Union City, and for Borrower to develop an affordable multifamily rental housing development and other improvements thereon.

B. The DDLA provides for Holder to loan to Borrower Five Million Thirty-Four Thousand Nine Hundred Twenty-Four Dollars ($5,034,924) (the “City Loan”). A portion of the City Loan has been disbursed by City to and on behalf of Borrower and used for predevelopment expenses related to the affordable housing improvements. Pursuant to the DDLA, Borrower executed a “Promissory Note” dated as of July 28, 2020, which memorializes Borrower’s obligation to repay the City Loan to Holder.

C. Borrower and MidPen Housing Corporation have entered into a First Amendment to Disposition, Development and Loan Agreement dated _________________, 2025. Pursuant to the terms of the First Amendment to Disposition, Development and Loan Agreement, MidPen Housing Corporation and Holder have agreed to reduce the amount of the City Loan to Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613).

MidPen Housing Corporation has assigned its rights and obligations under the Disposition, Development and Loan Agreement to Borrower.

NOW THEREFORE, the Parties agree to amend the Promissory Note as follows:

1. The original principal balance of the Note, as set forth in Section 1 of the Promissory Note and the first paragraph thereof, is hereby amended from Five Million ThirtyFour Thousand Nine Hundred Twenty-Four Dollars ($5,034,924) to reduce the amount of the City Loan to Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613).

2. All other provisions of the Promissory Note shall remain in full force and effect. [Signatures on Next Page]
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2 IN WITNESS WHEREOF, Holder and Borrower have executed this Amendment as of the date set forth in the first paragraph.

BORROWER:

MP Lazuli Landing Associates, L.P., a California
limited liability company
By: MP Lazuli Landing LLC
a California limited liability company,
its general partner
By: MidPen Housing Corporation,
a California nonprofit public benefit corporation,
its sole member/manager
By: ____________________________
Abigail Goldware Potluri,
Assistant Secretary
Agreed and Acknowledged by Holder:

CITY OF UNION CITY,
a California municipal corporation
By: ____________________________
Joan Malloy, City Manager
Attest:

By: _____________________________
Thai Nam Pham, City Clerk
Approved as to Form:

By: _____________________________
Kristopher Kokotaylo, City Attorney
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3 EXHIBIT “H-1”

REVISED CITY REGULATORY AGREEMENT

REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS
(Lazuli Landing)
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made and entered into as of _______, 2025, by and between the City of Union City, a California municipal corporation (the "City"), and MP Lazuli Landing Associates, L.P., a California limited partnership (the "Owner").

RECITALS
A. Owner is the owner of a leasehold interest in that certain property bounded by Mission Boulevard, D Street, E Street and 2nd Street in the City of Union City, as more particularly described in Exhibit A (the "Property"), pursuant to that certain Ground Lease dated as of ____________, 2025 (as modified from time to time, the “Ground Lease”), a memorandum of which shall be recorded in the official records of Alameda County, California, concurrently herewith. Owner intends to construct an eighty-one (81) unit multifamily rental housing development on the Property for rental to very low and low income households, along with one (1) manager's unit. Together the Property and its improvements are the "Development".

B. City has entered into a Disposition, Development and Loan Agreement with Owner dated as of July 28, 2020, as amended by the First Amendment to Disposition, Development and Loan Agreement of even date herewith (as amended, the "DDLA"), pursuant to which the City agreed to ground lease the Property to the Owner and is lending to Owner Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613) ("City Loan") to assist with the construction of the Development, and to grant to MidPen Housing Corporation, a California nonprofit public benefit corporation, One Million Eight Hundred Thousand Dollars ($1,800,000) (the "City Grant") to be used by MidPen Housing Corporation to make a loan to Owner for the costs of construction and installation of tenant improvements to the "Community Space" to be constructed within the Development. The City, in its capacity as the successor to the housing functions of the Community Redevelopment Agency of the City of Union City, is making an additional grant in the amount of One Million One Hundred Thirty-Five Thousand Six Hundred Sixty-Two Dollars ($1,135,662) (the “Housing Successor Agency Grant”), to be used for a portion of the costs of construction and development of the Affordable Housing Improvements.

C. The City acquired the Property as the housing successor to the former Union City Redevelopment Agency. The Property was acquired by the former Redevelopment Agency with the proceeds of tax exempt tax allocation bonds.

D. The City has agreed to ground lease the Property to the Owner and to make the City Loan, the City Grant and the Housing Successor Agency Grant on the condition that the Owner construct, maintain and operate the Development in accordance with restrictions set forth in this Regulatory Agreement and in related documents including the DDLA. The "Community Space" to be constructed within the Development (as defined in the DDLA) is not intended to be regulated by this Regulatory Agreement.
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4 E. The Owner applied for and received a density bonus pursuant to the State Density Bonus Law (Government Code Sections 65915-65918) ("Density Bonus Law"). The Density Bonus Law requires the City to ensure and the Owner to agree to continued affordability of the Units subject to the density bonus. This Agreement satisfies the requirements and obligations of the Density Bonus Law.

F. In consideration for the ground lease of the Property and receipt of the City Loan at an interest rate substantially below the market rate, Owner agrees to observe all of the terms and conditions set forth below.

THEREFORE, City and Owner hereby agree as follows.

ARTICLE 1.

DEFINITIONS

1.1 Definitions. When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1. (a) "Actual Household Size" shall mean the actual number of persons in the applicable household.
(b) "Affiliate" means any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with Owner which, if Owner is a partnership or limited liability company, shall include each of the constituent members or partners, respectively thereof. The term "control" as used in the immediately preceding sentence, means, with respect to a person that is a corporation, the right to the exercise, directly or indirectly, of more than fifty percent (50%) of the voting rights attributable to the shares of the controlled corporation, and, with respect to a person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person.
(c) "Affordable Units" shall mean collectively the Twenty Percent Units, Thirty Percent Units, Forty Percent Units, Fifty Percent Units, and the Sixty Percent Units. (d) "Agreement" shall mean this Regulatory Agreement and Declaration of Restrictive Covenants.
(e) "Area Median Income" shall mean the median gross yearly income adjusted for Actual Household Size or Assumed Household Size as specified herein, in Alameda County, California, as published from time to time and periodically updated in Title 25, California Code of Regulations, Section 6932 (or successor provision) by HCD. In the event that such income determinations are no longer published or are not updated for a period of at least eighteen (18) months, City shall provide the Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD. (f) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h), used to calculate Rent.
(g) "City" shall mean the City of Union City, a California municipal corporation. 82 of 305
5 (h) "City Loan" shall mean all funds loaned to Owner pursuant to the DDLA. (i) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the construction of the Development is complete and the Development may be legally occupied.
(j) "DDLA" shall mean the Disposition, Development and Loan Agreement entered into by and between the City and Owner, dated of July 28, 2020, as amended by the First Amendment to Disposition, Development and Loan Agreement dated as of ______________, 2025.
(k) "Deed of Trust" shall mean the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Owner, as Trustor, Old Republic Title Company, as trustee, and the City as beneficiary, that encumbers the Owner’s leasehold interest in the Property to secure repayment of the City Loan and Owner’s performance of the Loan Documents.
(l) "Density Bonus Units" shall mean the four (4) units that are restricted at affordable rents in compliance with the Density Bonus Law. The Density Bonus Units may be either Twenty Percent Units or Fifty Percent Units.
(m) "Development" shall mean the Property and the eighty-one (81) units to be developed on the Property, as well as any additional improvements and all landscaping, roads and parking spaces existing thereon, as the same may from time to time exist. (n) "Fifteen Year Compliance Period" means the fifteen (15) year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (o) "Fifty Percent Household" shall mean a household with an Adjusted Income which does not exceed fifty percent (50%) of Area Median Income. (p) "Fifty Percent Units" shall mean the Units which, pursuant to Section

2.1(d) below, are required to be occupied by Fifty Percent Households. (q) "Forty Percent Household" shall mean a household with an Adjusted Income which does not exceed forty percent (40%) of Area Median Income. (r) "Forty Percent Units" shall mean the Units which, pursuant to Section

2.1(c) below, are required to be occupied by Forty Percent Households. (s) "Household Income" shall mean the total anticipated annual income of all persons in a household, as calculated in accordance with the California Tax Credit Allocation Committee rules and regulations or pursuant to a successor State housing program that utilizes a reasonably similar method of calculation of adjusted income. In the event that no such program exists, City shall provide the Owner with a reasonably similar method of calculation of gross income as provided in 25 California Code of Regulations Section 6914. (t) "Investor Limited Partner" means Bank of America, N.A. (u) "Loan Documents" shall mean this Agreement, the DDLA, the Note, and the Deed of Trust.
(v) "Note" shall mean the promissory note from the Owner to City evidencing all or any part of the City Loan.
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6 (w) "Owner" shall mean MP Lazuli Landing Associates, L.P., a California limited partnership, and its successors and assigns to the Development. (x) "Partnership Agreement" means the Agreement of Limited Partnership, dated on or about __________________, that governs the operation and organization of Owner as a California limited partnership.
(y) "Property" shall mean the real property described in Exhibit A attached hereto and incorporated herein.
(z) "Rent" shall mean the total of monthly payments by the tenants of a Unit for the following: use and occupancy of the Unit and land and associated facilities, including parking; any separately charged fees or service charges assessed by Owner which are required of all tenants, other than security deposits; the cost of an adequate level of service for utilities paid by the tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not cable or telephone service; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Tenant. Utility allowances may be determined by use of the utility allowance published by the local public housing authority or the California Utility Allowance Calculator ("CUAC") model allowed by the California Tax Credit Allocation Committee regulations, if the Property qualifies.
(aa) "Sixty Percent Household" shall mean a household with an Adjusted Income which does not exceed sixty percent (60%) of Area Median Income. (bb) "Sixty Percent Units" shall mean the Units which, pursuant to Section

2.1(e) below, are required to be occupied by Sixty Percent Households. (cc) "Tenant" shall mean a household occupying a Unit.
(dd) "Term" means the term of this Regulatory Agreement which commences as of the date of this Regulatory Agreement, and shall remain in effect until the earlier of (1) the termination of the Ground Lease; or (2) the ninety-ninth (99th) anniversary of the issuance of a Certificate of Occupancy for the Development.
(ee) "Thirty Percent Household" shall mean a household with an Adjusted Income which does not exceed thirty percent (30%) of Area Median Income. (ff) "Thirty Percent Units" shall mean the Units which, pursuant to Section

2.1(b) below, are required to be occupied by Thirty Percent Households. (gg) "Twenty Percent Household" shall mean a household with an Adjusted Income which does not exceed twenty percent (20%) of Area Median Income. (hh) "Twenty Percent Units" shall mean the Units which, pursuant to Section

2.1(a) below, are required to be occupied by Twenty Percent Households. (ii) "Units" shall mean the eighty-one (81) rental units to be constructed by the Owner on the Property.

ARTICLE 2.

AFFORDABILITY COVENANTS
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7 2.1 Occupancy Requirements.
(a) Twenty Percent Income Units. 17 of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Twenty Percent Households. (b) Thirty Percent Income Units. 4 of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Thirty Percent Households. (c) Forty Percent Income Units. 13 of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Forty Percent Households. (d) Fifty Percent Income Units. 35 of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Fifty Percent Households. (e) Sixty Percent Income Units. 11 of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Sixty Percent Households. (f) Density Bonus Units. The four (4) Density Bonus Units may be either Twenty Percent Units or Fifty Percent Units. For avoidance of doubt, the Density Bonus Units are not in addition to the Affordable Units but rather the Affordable Units satisfy the Density Bonus Unit requirement.
(g) Manager's Unit. One (1) Unit shall be reserved for an on-site manager, and shall not be subject to affordability or occupancy restrictions. (h) Intermingling of Units. All Units shall be intermingled and of comparable quality. Tenants in all Units shall have equal access to and enjoyment of all common facilities of the Development.
(i) Disabled Persons Occupancy.
(i) Owner shall cause the Development to be operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) the United States Fair Housing Act, as amended, (iv) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements").
(ii) Owner shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the City) the City, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Owner's failure to comply with the Accessibility Requirements. This obligation to indemnify survives termination of this Regulatory Agreement, repayment of the City Loan, cancellation of the Promissory Note, and the reconveyance of the Deed of Trust.

2.2 Allowable Rent.
(a) Twenty Percent Rents. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Twenty Percent Units, shall not exceed one-twelfth of thirty percent (30%) of twenty percent (20%) of Area Median Income, adjusted for Assumed Household Size. 85 of 305
8 (b) Thirty Percent Rents. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Twenty Percent Units, shall not exceed one-twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, adjusted for Assumed Household Size.
(c) Forty Percent Rents. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Twenty Percent Units, shall not exceed one-twelfth of thirty percent (30%) of forty percent (40%) of Area Median Income, adjusted for Assumed Household Size.
(d) Fifty Percent Rents. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Twenty Percent Units, shall not exceed one-twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, adjusted for Assumed Household Size.
(e) Sixty Percent Rents. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Twenty Percent Units, shall not exceed one-twelfth of thirty percent (30%) of sixty percent (60%) of Area Median Income, adjusted for Assumed Household Size.
(f) Compliance with TCAC Requirements. For all units other than the Density Bonus Units, during the term of any regulatory agreement associated with the provision of low income housing tax credits by the California Tax Credit Allocation Committee ("TCAC") and recorded against the Property (the "TCAC Regulatory Agreement"), Owner may use the occupancy standards, occupancy assumptions, income limits, and rent levels that are permitted by TCAC in the TCAC Regulatory Agreement, in place of such requirements imposed by this Regulatory Agreement.
(g) Compliance with Density Bonus Law. Occupancy standards, occupancy assumptions, income limits and rent levels for the Density Bonus Units shall comply with the requirements of the Density Bonus Law.

2.3 Rent Increases.
(a) Rent Amount. The initial Rent for all Units must be approved by the City prior to occupancy. The City will provide Owner with a schedule of maximum permissible Rents for the Units and the maximum monthly allowances for utilities and services ( excluding telephone) at least nine months before the expected date for receipt of a temporary certificate of occupancy and annually. The utility allowance schedule will be determined either by use of the CUAC or Housing Authority schedule. Notwithstanding the City schedule of maximum rents, Owner shall not be obligated to reduce rents for any existing tenants should maximum rents decrease, or utility allowances increase for any units other than the Density Bonus Units which must conform to the City schedule of maximum rents.
(b) Rent Increases. All Rent increases for all Units are subject to City approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a Unit, Owner shall submit to the City a schedule of any proposed increase in the Rent charged for the Units. The Rent for such Units may be increased no more than once annually based upon updated rent schedules corresponding to the updated Area Median Income.

The City will disapprove a Rent increase for the Density Bonus Units if it violates the schedule of maximum permissible Rents for the Units provided to Owner by the City. The City will disapprove a Rent Increase for all non-Density Bonus Units if the Rent is greater than (i) the schedule of maximum permissible Rents for Units provided to the Owner by the City; or (ii) the 86 of 305
9 rent in effect immediately prior to any Rent increase, whichever is higher. Any rent increase resulting from use of the CUAC model for utility allowances shall comply with the California Tax Credit Allocation Committee limitation. Owner shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the City approval process set fo1ih above. Notwithstanding the above, in no event will any annual rent increase exceed the annual rent increase allowed pursuant to Civil Code Section 1947.12, although the patties acknowledge that the Units are not subject to such restrictions pursuant to Civil Code Section 1947.12. For purposes of this Agreement, if any rent subsidy is terminated or reduced, an increase in the tenant's total monthly payment toward rent to offset the terminated or reduced rent subsidy shall not constitute a Rent Increase as long as the Rent for the Unit is not increased above the maximum allowable Rent.

2.4 Increased Income of Occupying Households.
(a) Increased Income Below Very Low Income. In the event, upon recertification of an occupant household's income, the Owner discovers that a Twenty Percent Household no longer qualifies as a Twenty Percent Household (but does qualify as a Very Low Income Household), such household's Unit shall be considered a Very Low Income Unit (and the Rent may be increased to one-twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Area Median Income upon sixty (60) days written notice to the household) and the Owner shall rent the next available Unit to a Twenty Percent Household to comply with the requirements of Section 2.1 above.
(b) Non-Qualifying Household. If, upon recertification of a Tenant's income, the Owner determines that a Tenant has an Adjusted Income exceeding the qualifying income for Very Low Income Household, adjusted for Actual Household Size, such Tenant shall be permitted to continue to occupy the Unit at a Rent not exceeding one-twelfth of thirty percent (30%) of one hundred ten percent (110%) of Area Median Income, and the Unit shall continue to be classified as a Very Low Income Unit until the Tenant vacates the Unit, at which time the Unit shall be re-rented to a Twenty Percent Household or a Very Low Income Household, as applicable, to meet the requirements of Section 2.1 above. Notwithstanding the above, if the Owner determines that a Tenant has an Adjusted Income exceeding One Hundred Twenty Percent (120%) of Area Median Income, the Owner may elect to increase the Rent to the maximum permissible..
(c) Termination of Occupancy. Upon e1mination of occupancy of a Unit by a Tenant, such Unit shall be deemed to be continuously occupied by a household of the same income level (e.g., Twenty Percent Household or Very Low Income Household) as the initial income level of the vacating Tenant, until such Unit is reoccupied, at which time the income character of the Unit (e.g., Twenty Percent Household or Very Low Income Unit) shall be redetermined.
(d) Continued Compliance. In the event an occupant household's income increases and the rent is increased as set forth in Sections (a) and (b) above, the Unit shall continue to be classified as a Twenty Percent Unit or a Very Low Income Unit, as applicable, until such time as the Unit is either vacated by the occupant or another Unit is rented at the applicable income limit.

2.5 Lease Provisions. Owner shall include in leases for all Units provisions which authorize Owner to immediately terminate the tenancy of any household one or more of whose members has misrepresented any fact material to the household's qualification as a Twenty Percent Unit or Very Low Income Household. Each lease or rental agreement shall also provide 87 of 305
10 that the household is subject to annual certification in accordance with Section 3.1 below, and that, if the household's income increases above the applicable limits for a Twenty Percent Unit or Very Low Income Household, as applicable, such household's Rent may be subject to increase.

2.6 Condominium Conversion. The Owner shall not convert Development units to condominium or cooperative ownership or sell condominium or cooperative conversion rights to the Property during the Term of this Agreement.

2.7 Expiration of Regulatory Agreements. Notwithstanding the provisions of Sections 2.1 and 2.2, upon expiration of the fifty-five (55) year term of the TCAC Regulatory Agreement, the maximum household income of the Affordable Units and the corresponding Rent amounts for the Affordable Units may be increased to an amount necessary to make operation of the Development financially feasible (as defined below); provided all of the following conditions are met: (1) the maximum qualifying household income for any unit shall in no event be increased above 80% of Area Median Income adjusted for household size appropriate to the Unit, (2) the annual affordable rent for any Unit shall in no event exceed 30% of 60% of Area Median Income, as adjusted for household size appropriate to the Unit; (3) the City has approved any such rent increase based on a projected operating budget provided to the City by the Owner showing the need for the rent increase; (4) the rent increase is only applicable to the minimum number of Units and only in the amount necessary to ensure that the Development is financially feasible as shown on the operating budget submitted to the City; and (5) there shall be no displacement of existing occupants of the Units. For purposes of this section "financially feasible" shall mean that the Development generates sufficient revenue to pay all operating costs and required debt service. Prior to any such rent increase, Owner shall use diligent efforts to seek alternative funding sources that would maintain the financial feasibility of the Development at the Rents set forth in Section 2.2.

ARTICLE 3.

INCOME CERTIFICATION AND REPORTING

3.1 Income Certification. The Owner will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Units (excluding the manager's Unit). The Owner shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's current employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of tenant income certifications shall be available to City upon request.

3.2 Annual Report to City. Each year by July 1 Owner shall submit an annual report to City, in a form approved by City. The annual report shall include for each Unit covered by this Agreement, the Rent and the income and household size of the household occupying the Unit and shall have the income certifications for each Tenant, prepared pursuant to Section 3.1 above available upon request. The report shall also state the date the tenancy commenced for each rental Unit, the number of bedrooms in such Unit, and such other information as City may be required by law to obtain.
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11 3.3 Additional Information. Owner shall provide any additional information reasonably requested by City. City shall have the right to examine and make copies of all books, records or other documents of Owner which pertain to any Unit.

3.4 Records.
(a) Owner shall keep and maintain at the principal place of business of the Owner set forth in Section 6.11 below, or elsewhere with the City's written consent, full, complete and appropriate books, records and accounts relating to the Development. Owner shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Regulatory Agreement. Owner shall cause all books, records, and accounts to be open to and available for inspection and copying by the City, its auditors or other authorized representatives at reasonable intervals during normal business hours. Owner shall cause copies of all tax returns and other reports that Owner may be required to furnish to any government agency to be open for inspection by the City at all reasonable times at the place that the books, records and accounts of Owner are kept. Owner shall preserve such records for a period of not less than five (5) years after their creation. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the City Loan is pending at the end of the record retention period stated herein, then Owner shall retain the records until such action and all related issues are resolved. Such records are to include but are not limited to:
(i) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (ii) Financial records; and
(iii) Records demonstrating compliance with the marketing, tenant selection, affordability, and income requirements.
(b) The City shall notify Owner of any records it deems insufficient. Owner has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the City in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Owner must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible.

ARTICLE 4.

OPERATION OF THE DEVELOPMENT

4.1 Residential Use. The Development shall be operated only for residential use. No part of the Development shall be operated as transient housing.

4.2 Compliance with Loan Documents and Development Regulatory Agreements.

Owner shall comply with all the terms and provisions of the Loan Documents and any other regulatory requirement imposed on the Development, including but not limited to regulatory agreements associated with the Low Income Housing Tax Credits provided by the California Tax Credit Allocation Committee (the "Development Regulatory Documents"). Owner shall promptly notify the City in writing of the existence of any default under any Development Regulatory Documents and provide the City with copies of any such notice of default. 89 of 305 12 4.3 Property Tax Exemption. Owner shall not apply for a property tax exemption for the Property under any provision of law other than Revenue and Taxation Section 214(g) without City's prior written consent.

4.4 Taxes and Assessments. Owner shall pay all real and personal property taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Owner shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event Owner exercises its right to contest any tax, assessment, or charge against it, Owner, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest.

4.5 Nondiscrimination. All of the Units shall be available for occupancy on a continuous basis to members of the general public who are income eligible. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, or disabled status in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the operation and management of the Development. All deeds, leases or contracts made or entered into by Owner as to the Units or the Development or portion thereof, shall contain covenants concerning discrimination as prescribed by the DDLA.

4.6 City Preference. To the extent permitted by law and consistent with the program regulations for funding sources used for the development of the Units, Owner shall give a preference in the rental of sixty-seven (67) of the Units to eligible households in which at least one member lives or works in the City. The preference stated in this section applies to the rentals of Units throughout the Term.

4.7 Section 8 Certificate Holders. The Owner will accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. The Owner shall not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective tenants.

4.8 Marketing Plan. No later than six (6) months prior to the date construction of the Development is projected to be complete, Owner shall submit to the City for approval its plan for marketing the Development to income-eligible households as required by this Regulatory Agreement (the "Marketing Plan"). The Marketing Plan shall be in compliance with all applicable fair housing, equal opportunity and affirmative fair marketing laws and requirements.

Upon receipt of the Marketing Plan, the City will promptly review the Marketing Plan and shall approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the City shall give Owner specific reasons for such disapproval and Owner shall submit a revised Marketing Plan within fifteen (15) days of notification of the City's disapproval. 90 of 305
13 Owner shall follow this procedure for resubmission of a revised Marketing Plan until the Marketing Plan is approved by the City. If the Owner does not submit a revised Marketing Plan that is approved by the City at least three (3) months prior to the date construction of the Development is projected to be complete, Owner will be in default of this Regulatory Agreement.

4.9 Environmental Requirements. Owner shall comply with the environmental requirements set forth in Section 6.7 of the DDLA and Article 6 of the Deed of Trust, which are incorporated herein.

ARTICLE 5.

PROPERTY MANAGEMENT AND MAINTENANCE

5.1 Management Responsibilities. The Owner is responsible for all management functions with respect to the Development, including without limitation the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility over management of the Development.

The Owner shall retain a professional property management company approved by City in its reasonable discretion to perform its management duties hereunder. A resident manager shall also be required.

5.2 Approval of Management Agent. The Development shall at all times be managed by an experienced management agent reasonably acceptable to City, with demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The Owner shall submit for City's approval the identity of any proposed Management Agent. The City has approved MidPen Property Manager as the Management Agent. The Owner shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for the City to determine whether the proposed Management Agent meets the standard for a qualified Management Agent set forth above. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, City shall approve the proposed Management Agent by notifying the Owner in writing.

Unless the proposed Management Agent is disapproved by City within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved.

5.3 Performance Review. City reserves the right to conduct an annual (or more frequently, if deemed reasonably necessary by City) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable City to determine if the Development is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with City in such reviews.

5.4 Replacement of Management Agent. If, as a result of a periodic review, City determines in its reasonable judgement that the Development is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, City shall deliver notice to Owner of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days of receipt by Owner of such written notice, City staff and Owner shall meet in good faith to consider methods for improving the financial and operating status of the Development. If after a reasonable period as determined by 91 of 305
14 City (not to exceed sixty (60) days), City determines that the Owner is not operating and managing the Development in accordance with the material requirements and standards of this Agreement, City may require replacement of the Management Agent.

If, after the above procedure, City requires in writing the replacement of the Management Agent, Owner shall promptly dismiss the then Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in Section 5.2 above and approved by City pursuant to Section 5.2 above.

Any contract for the operation or management of the Development entered into by Owner shall provide that the contract can be terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute default under this Agreement, and City may enforce this provision through legal proceedings as specified in Section 6.5.

5.5 Management Policies. The Owner shall submit its written management plan with respect to the Development to City for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement.

5.6 Property Maintenance. The Owner agrees, for the entire Term of this Agreement, to maintain or cause to be maintained all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition), reasonable wear and tear excepted, and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials.

In the event that the Owner breaches any of the covenants contained in this section and such default continues for a period of seven (7) days after written notice from City with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after written notice from City with respect to landscaping and building improvements, then City, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, City shall be permitted (but is not required) to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, which amount shall be promptly paid by the Owner to City upon demand.

Section 5.7 Social Services. Owner shall provide a variety of social services at the Development. Such social services are subject to the prior written approval of the City, in its reasonable discretion. Owner shall use its best efforts to create a comprehensive social service program that is targeted to the needs of the residents of the Development which may include, but is not limited to, the following services: after-school programs of an ongoing nature for school age children, financial planning skills, job coaching, and/or the availability of a bona fide services coordinator to the tenants. Owner shall ensure that all personnel providing or coordinating all social services shall be adequately trained and counseled, including with respect to the appropriate means and methods of communicating and interacting with residents. Any substantive change in the scope, amount, or type of social services to be provided at the Property shall be subject to prior reasonable approval of City and approval shall not be unreasonably withheld.
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15 ARTICLE 6.

MISCELLANEOUS

6.1 Transfers.
(a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the Loan Documents; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Development to an occupant in compliance with this Regulatory Agreement. The City Manager is authorized to execute assignment and assumption agreements on behalf of the City to implement any approved Transfer. (b) Except as otherwise permitted in this Section 6.1, no Transfer is permitted without the prior written consent of the City, which the City may withhold in its sole discretion.

The City Combined Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the City.
(c) The City hereby approves the admission of the Investor Limited Partner to Owner as limited partner. The City hereby approves future Transfers of the limited partner interest of Owner provided that Owner, MidPen Housing Corporation, or a non-profit affiliate of MidPen Housing Corporation, remains as the managing general partner of the partnership. (d) The City hereby approves a Transfer of the Property from Owner to MidPen Housing Corporation, or a non-profit affiliate of MidPen Housing Corporation, and an assumption of the City Loan by such transferee at or prior to the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, (ii) the assignment and assumption agreement evidencing such Transfer requires the transferee to expressly assume the obligations of Owner under the Loan Documents, and (iii) the City is provided executed copies of all documents evidencing the Transfer.
(e) The City hereby approves the purchase of the Investor Limited Partner interest by MidPen Housing Corporation, or a non-profit affiliate of MidPen Housing Corporation at or prior to the end of the Fifteen Year Compliance Period, provided that (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the City is provided executed copies of all documents evidencing the Transfer.
(f) In the event the general partner of Owner is removed by the limited partner of Owner for cause following default under the Partnership Agreement, the City hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member or partner, that is selected by the Investor Limited Partner and approved by the City, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90) days from the date of removal of the general partner, during which time such entity shall diligently seek a replacement general partner meeting the requirements of subsection (i) above. 93 of 305
16 (g) The City hereby approves the grant of the security interests in the Development for financing approved in the Final Financing Plan as such term is defined in Section 1.1(x) of the DDLA.

6.2 Term. The provisions of this Agreement shall apply to the Property for the entire Term even if the entire City Loan is paid in full prior to the end of the Term; provided, however, that the provisions of Section 5.6 of the Agreement shall run with the Property and shall remain in effect in perpetuity. This Agreement shall bind any successor, heir or assign of Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by City. City makes the City Loan on the condition, and in consideration of, this provision, and would not do so otherwise.

6.3 Notice of Expiration of Term.
(a) At least six (6) months prior to the expiration of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (a) the anticipated date of the expiration of the Term, (b) any anticipated increase in Rent upon the expiration of the Term, (c) a statement that a copy of such notice will be sent to City, and (d) a statement that a public hearing may be held by City on the issue and that the Tenant will receive notice of the hearing at least fifteen (15) days in advance of any such hearing. The Owner shall also file a copy of the above-described notice with City.
(b) In addition to the notice required above, Owner shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Development is to be sold within five (5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Development.

6.4 Covenants to Run With the Land. City and Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless City expressly releases such conveyed portion of the Property from the requirements of this Agreement.

6.5 Enforcement by the City.
(a) If Owner fails to perform any obligation under this Agreement, and fails to cure the default within 30 days after City has notified the Owner in writing of the default or, if the default cannot be cured within 30 days, fails to commence to cure within 30 days and thereafter diligently pursue such cure, City shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law:
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17 (i) Calling the Loan. City may declare a default under the Note, accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed of Trust.
(ii) Action to Compel Performance or for Damage. City may bring an action at law or in equity to compel Owner's performance of its obligations under this Agreement, and/or for damages.
(iii) Remedies Provided Under Loan Documents. City may exercise any other remedy provided under the Loan Documents.
(b) The City shall provide notice of a default to the Investor Limited Partner and any limited partner of Owner who has requested written notice from the City in the manner set forth in Section 6.1 of the Loan Agreement.

6.6 Attorney's Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute.

6.7 Recording and Filing. City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded against the Property in the Official Records of the County of Alameda. This Agreement encumbers only the Owner's leasehold interest in the Property and does not encumber the City's fee title to the Property.

6.8 Governing Law. This Agreement shall be governed by the laws of the State of California.

6.9 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Alameda, California.

6.10 Notice. All notices given or certificates delivered under this Agreement shall be in writing and be deemed received on the delivery or refusal date shown on the delivery receipt, if: (i) personally delivered by a commercial service which furnishes signed receipts of delivery or (ii) mailed by certified mail, return receipt requested, postage prepaid, addressed as shown on the signature page. Any of the parties may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or communications shall be sent.

6.11 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby.

6.12 Multiple Originals; Counterparts. This Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

6.13 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this Regulatory Agreement will revive according to its original terms if, during the Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Development or Property. 95 of 305 18 96 of 305
18 97 of 305
19 IN WITNESS WHEREOF, the City and Owner have executed this Agreement by duly authorized representatives, all on the date first written above.

Address:

City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Attn: City Manager

CITY:

CITY OF UNION CITY, a California municipal
corporation
By: _____________________________
Joan Malloy, City Manager
Attest:

By: _____________________________
Thai Nam Pham, City Clerk
Approved as to Form:

By: _____________________________
Kristopher Kokotaylo, City Attorney
Address:

MP Lazuli Landing Associates, L.P.
c/o MidPen Housing Corporation
303 Vintage Park Dr., Suite 250
Foster City, CA 94404
Attention: Chief Real Estate Development
Officer
BORROWER:

MP Lazuli Landing Associates L.P.,
a California limited partnership
By: MP Lazuli Landing LLC
a California limited liability company,
its general partner
By: MidPen Housing Corporation,
a California nonprofit public benefit
corporation, its sole member/manager
By: ____________________________
Abigail Goldware Potluri,
Assistant Secretary

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19 99 of 305
20 STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 100 of 305
20 101 of 305
21 STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING THE FY 2025-2026 BUDGET IN ACCORDANCE WITH THE

DISPOSITION, DEVELOPMENT, AND LOAN AGREEMENT BETWEEN

THE CITY AND MIDPEN HOUSING CORPORATION FOR THE LAZULI

LANDING PROJECT
WHEREAS, the City is the owner of a 1.65-acre block of undeveloped real property bounded by Mission Boulevard, D Street, 2nd Street, and E Street in the City (the “Property”); and
WHEREAS, the Property was acquired by the Redevelopment Agency of the City of Union City in 2002 and 2003 with proceeds from a 1999 bond issue secured by property tax increment, and upon the dissolution of the Redevelopment Agency, the Property was transferred at no cost to the City pursuant to the Long-Range Property Management Plan of the Successor Agency to the Redevelopment Agency of the City of Union City; and WHEREAS, the City and MidPen Housing Corporation (“MidPen”) entered into an Exclusive Negotiating Rights Agreement (“ENRA”), dated August 15, 2018, which provides for the parties to negotiate towards a disposition and development agreement for the City’s disposition of the Property to MidPen or its assignee (“Developer”), the Developer’s construction and operation of an affordable housing development thereon with associated community facilities (the “Community Space”), and the City’s provision of financial assistance to the Developer therefor; and
WHEREAS, City and MidPen staff have negotiated the terms and conditions under which Developer would lease the Property from the City for a term of ninety-nine (99) years (the “Ground Lease”) to develop, construct, own and operate an eighty-one (81) unit multi-family housing development, a portion of which would be affordable to extremely low, very low, and low income households, with associated community facilities (the “Project”); and
WHEREAS, the Project, the Property and the terms and conditions for development, financing and operation of the Project are more particularly described in a Disposition, Development and Loan Agreement between the City and MidPen (the “DDLA”) and the attachments thereto, which was approved by the City Council on July 28, 2020 by adoption of Resolution No. 5632-20; and
WHEREAS, California Health and Safety Code Sections 33430 and 33431 provide that the City may lease property obtained from a redevelopment agency without public bidding, provided the City holds a noticed public hearing; and WHEREAS, California Health and Safety Code Section 33433 provides that prior to the lease of property acquired with tax increment funds, (i) the City must prepare and make available to the public the lease agreement and a report describing the terms of the lease and development of the property (the “Summary Report”), (ii) the City Council must hold a public hearing following notice, and (iii) the City Council must approve the conveyance by a resolution adopting specified findings; and 105 of 305
Resolution No. 2025-XXX
Authorizing a Budget Allocation in Accordance with DDLA for Lazuli Landing

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WHEREAS, in 2020, the City caused notice to be published, caused a Summary Report to be prepared, made the DDLA and the Summary Report available for public review, and conducted a public hearing in accordance with all legal requirements; and WHEREAS, the rental payment for the Property will be One Dollar ($1.00) per year due on the commencement date of the lease and on each succeeding anniversary thereafter in advance for the next succeeding lease year; and WHEREAS, the City financing for the Project proposed in 2020 included (i) a loan in the amount of Five Million Thirty-Four Thousand Nine Hundred Twenty-Four Dollars ($5,034,924) (the “Loan”), and (ii) a grant in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000) (the “Grant”) to be used for the costs of construction and installation of the Community Space and tenant improvements for the Community Space; and
WHEREAS, the City wishes to amend the City financing for the Project as provided in the First Amendment to the DDLA to include (i) a loan in the amount of Four Million Three Hundred Fifty-Five Thousand Six Hundred Thirteen Dollars ($4,355,613) (the “Loan”), (ii) a grant from the City, in its capacity as successor to the housing functions of the Community Redevelopment Agency of the City of Union City, in the amount of One Million One Hundred Thirty-Five Thousand Six Hundred Sixty-Two Dollars ($1,135,662) (the “2025 Housing Successor Agency Grant”), and (iii) a grant in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000) (the “City Grant”) to be used for the costs of construction and installation of the Community Space and tenant improvements for the Community Space; and
WHEREAS, concurrently with the commencement of the Ground Lease, the City and Developer will enter into a “Regulatory Agreement” in the form attached to the DDLA, which will restrict residential rents in eighty (80) apartment units in the Project to very low income and extremely low income residents at affordable levels for a period of ninetynine (99) years, an increase from the thirty-nine (39) apartments units to be restricted in the 2020 DDLA; and
WHEREAS, concurrently with the commencement of the Ground Lease, the City and Developer will enter into a “Community Space Sublease” in the form attached to the DDLA, pursuant to which the Developer will sublease approximately 6,000 square feet of office space in the Project to the City to be used for the City’s Youth and Family Services program and/or other City departments and programs, and/or other nonprofit and community organizations as determined by City, and other uses as determined by City; and
WHEREAS, in 2020, the Developer applied to the City for a density bonus and incentives and concessions pursuant to the State Density Bonus Law, Government Code Section 65915, et seq., based on providing a portion of the units on the Property to be affordable to very low income households, and the DDLA and the Regulatory Agreement are intended to implement the requirement for the Project to provide affordable housing units in exchange for receiving the density bonus and incentives and concessions pursuant to the State Density Bonus Law; and
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Resolution No. 2025-XXX
Authorizing a Budget Allocation in Accordance with DDLA for Lazuli Landing

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WHEREAS, the lease of the Property pursuant to the DDLA and the Ground Lease are subject to the requirements of the Surplus Property Act, Government Code Section 54220, et seq., as it existed on December 31, 2019, because the ENRA between the City and MidPen was entered into prior to September 30, 2019, and the Ground Lease of the Property was expected to occur no later than December 31, 2022; and WHEREAS, the Project is within the scope of the Initial Study/Mitigated Negative Declaration entitled “Midpen Affordable Housing Project,” dated October 2019, prepared pursuant to the California Environmental Quality Act (CEQA) and adopted by the City Council on February 11, 2020; and
WHEREAS, in the course of arranging financing for the Project, the Developer has made some minor changes to the Project and the Developer has proposed related minor amendments to the DDLA and requested additional financial assistance; and WHEREAS, the Project with the proposed minor amendments to the DDLA is within the scope of the Initial Study/Mitigated Negative Declaration entitled “Midpen Affordable Housing Project,” dated October 2019, prepared pursuant to the California Environmental Quality Act (CEQA) and adopted by the City Council on February 11, 2020; and
WHEREAS, the City Council approved the First Amendment to the DDLA on October 28, 2025, by adoption of Resolution 2025-XXX.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

1. The City Council finds that the foregoing Recitals are true and correct and are incorporated into this Resolution.

2. The City Council finds that the lease of the Property and the provision of the Loan, the 2025 Housing Successor Agency Grant, and the City Grant are in accordance with the DDLA, as amended, and the Ground Lease will assist in the development of housing for extremely-low, very-low, and low-income households.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves an allocation of funding for the $4,355,613 Loan to the Lazuli Landing Project pursuant to the terms of the DDLA, as amended, with allocations from the following sources for the Lazuli Landing “Loan” as follows:
a. $1,850,399 already expended from the Housing In-Lieu Fund (including funds from the sale of the 11th Street lot) (Account Number 23300000-11101) b. $2,505,214 from the RDA Low/Mod Income Housing Fund (Account Number 20100000-11101)
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2025-2026 Budget by appropriating $1,135,662 to account number 27500000-XXXXX (Affordable Housing 2010 Bonds) for the “2025 Housing Successor 107 of 305 Resolution No. 2025-XXX
Authorizing a Budget Allocation in Accordance with DDLA for Lazuli Landing

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Agency Grant” to the Lazuli Landing Project pursuant to the terms of the DDLA, as amended, as follows:
$1,135,662 from the Affordable Housing 2010 Bonds (Account Number 27500000-56703) (Affordable Housing 2010 TAB Fund - Project Grants) for the Lazuli Landing “2025 Housing Successor Agency Grant.” BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby confirms the allocation of funding currently included in the Five-Year Capital Improvement Plan for Fiscal Years 2025-2026 to 2029-2030 for the $1,800,000 “City Grant” to the Lazuli Landing Project pursuant to the terms of the DDLA, as amended, as follows:
$1,800,000 from the Capital Facilities Improvement Development Impact Fee Fund (Account Number 41192544-56703) (Capital Facilities Improvement Development Impact Fee Fund – Project Grants) for the Lazuli Landing “City Grant.”
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on October 28, 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
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RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING A PLAN OF FINANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY TO ISSUE AND REISSUE REVENUE BONDS

FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE
BENEFIT OF MP LAZULI LANDING ASSOCIATES, L.P., AND CERTAIN

OTHER MATTERS RELATING THERETO
WHEREAS, MidPen Housing Corporation, a California nonprofit public benefit corporation (the “Sponsor”), on behalf of MP Lazuli Landing Associates, L.P., a California limited partnership, or another ownership entity created by MP Lazuli Landing LLC, a California limited liability company, its general partner (the “General Partner”), or by another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $48,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of an 81-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located on a site bounded by Mission Boulevard, D Street, 2nd Street, and E Street within the City of Union City, California (the “City”); and
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and
WHEREAS, the City Council of Union City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable, to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $48,000,000 to finance the Project, and all within the three years commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and
WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project. 109 of 305
Resolution No. 2025-XXX
Approving a Plan of Finance for CMFA to Issue Bonds for Lazuli Landing

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Union City, as follows:

Section 1. The foregoing recitals are true and correct.

Section 2. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue, from time to time, one or more series of revenue bonds in an outstanding principal amount not to exceed $48,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable to carry out, give effect to, and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 4. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 5. This resolution shall take effect immediately upon its adoption. 110 of 305
Resolution No. 2025-XXX
Approving a Plan of Finance for CMFA to Issue Bonds for Lazuli Landing

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Resolution No. 2025-XXX
Approving a Plan of Finance for CMFA to Issue Bonds for Lazuli Landing

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on October 28, 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
112 of 305
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING FINAL PARCEL MAP 11004 FOR THE LAZULI LANDING

DEVELOPMENT BY THE MIDPEN HOUSING CORPORATION
WHEREAS, MidPen Housing Corporation has presented Final Parcel Map 11004 (PM 11004) to the City Council, in the form attached hereto as Exhibit A, to develop 80 affordable apartments, one unrestricted manager’s unit, and 6,319 square feet of office space; and
WHEREAS, Final Parcel Map 11004 is in substantial conformance with Tentative Parcel Map 11004 (TPM 11004) approved by the City Council on July 28, 2020; and WHEREAS, Tentative Parcel Map 11004 (TPM 11004) combined several Cityowned underlying parcels into a single 1.65-acre parcel to be leased to the developer to develop 80 affordable apartments, one unrestricted manager’s unit, and 6,319 square feet of office space; and
WHEREAS, the project encountered delays, and pursuant to the Municipal Code, the Tentative Parcel Map would have expired if the Final Parcel Map was not recorded within 2 years; and
WHEREAS, the City Council, at its meeting of August 9, 2022, approved MidPen’s application for a 5-year extension until September 26, 2027; and WHEREAS, in addition to the 80 affordable apartments, one unrestricted manager’s unit, and 6,319 square feet of office space, which is to be leased to the City for Youth and Family Services, the project will include the undergrounding of existing overhead power poles on D Street and E Street, wheelchair ramp upgrades, new landscaping, lighting and the installation of stormwater treatment facilities; and WHEREAS, the developer will pay all Public Works Department fees, including traffic signalization fees, General Plan Cost Recovery Fees, plan check and inspection fees, building permit fees, grading permit fees, and final parcel map review fees.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Union City hereby approves Final Parcel Map 11004 for the development of 80 affordable apartments, one unrestricted manager’s unit, and 6,319 square feet of office space.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby finds that the approval of the Final Parcel Map is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15268 Ministerial Projects, which lists explicitly approval of a final subdivision map as exempt.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby directs the execution and filing of Final Parcel Map 11004 with the County Recorder’s Office.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on October 28, 2025, by the following vote:
113 of 305
Resolution No. 2025-XXX
Approving Final Parcel Map 11004 for Lazuli Landing

Page 3 of 2 ends

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 – Final Parcel Map 11004
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sandis.net build on.
115 of 305
0'
1 INCH =
25 50' 100'
50 FT
sandis.net build on.
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Lazuli Landing
Item 4.1
117 of 305

2 October 28, 2025 – Lazuli Landing
Presentation Overview
• Section 1: Background and Updates
• Section 2: Amendments to Disposition,
Development, and Loan Agreement (DDLA)
• Section 3: TEFRA Bond Hearing
• Section 4: Final Parcel Map
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Background and Updates
Section 1
119 of 305

4 Project Site
October 28, 2025 – Lazuli Landing
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5 Lazuli Landing Project
• 80 units of affordable housing
• 1 manager’s unit
• Residential leasing office for MidPen
• Approximately 6,300 square feet of office space to be leased by the City
October 28, 2025– Lazuli Landing
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6 October 28, 2025 – Lazuli Landing
Strategic Plan Consistency:

Goal C.

Economic, Community Development, and Public Safety
Strategy 5.

Promote housing development for all income levels in the community by implementing the Housing Element, updating the zoning ordinance to include objective standards for new multi-family residential development to streamline the review of applications for housing developments, and other
measures.
122 of 305

7 Lazuli Landing Timeline
Milestone City Council Approval
• Redevelopment Agency acquired parcels 2002-2003
• RFP Process to select MidPen as Master Developer May 2018 • General Plan Amendment to Corridor Mixed Use Commercial 2019 (Part of 2040 General Plan process)
• Zoning Text and Map Amendments
• CEQA - Mitigated Negative Declaration
February 2020
• Site Development Review, Use, Permit, Tentative Parcel Map • Disposition, Development and Loan Agreement (DDLA) and other regulatory agreements
• Authorization to apply for Infill Infrastructure Grant July 28, 2020
• Authorization to Execute Implementation Agreement for AHSC Grant
May 25, 2021
October 28, 2025 – Lazuli Landing
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8 Changes in Financing Plan Since 2021
October 28, 2025– Lazuli Landing
Source 2021 2025
Union City Housing Funds Loan $5,034,924 $4,355,613
2025 Housing Successor Agency
Grant (RDA Bond Funds)
0 $1,135,662
Housing Trust Silicon Valley $5,035,266 $2,887,000
Infill Infrastructure Grant $3,793,115 Not awarded
AHSC Grant $16,400,000 $13,500,000
Federal Home Loan Bank of SF $800,000 $2,000,000
MP Lazuli Landing Associates $34,499,063 $41,055,423
MidPen Housing Corp. $235,258 $9,703,227
State Dept of Developmental
Services
$1,500,000 124 of 305

9 AHSC Grant
• AHSC Grant awarded on February 26, 2022
• AHSC Grant provides:
• $13.5 million for housing project
• $200,000 to City for pedestrian improvements in Decoto Neighborhood
• $800,000 to City for buffered bicycle lanes on Decoto Road between 11th Street and Mission Boulevard
• $6,623,592 to BART for BART improvements
October 28, 2025– Lazuli Landing
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10 Changes in Project Design
• Removal of exterior stairs
• Building height reduced by 2’2” in Floor 1
• Reduced parking from 121 to 105 – elimination of second level of parking (City is prohibited from enforcing parking requirements within one-half mile of a major transit stop)
• Parking garage entry – eliminated on E Street
• Removal of Juliette balconies
• Removal of dropped ceilings in first floor common spaces and commercial space
• Removed “Laundry/Learning Center” from 2nd floor and increased resident amenities on the 1st floor
• Saved $1.6 M (2024)
October 28, 2025– Lazuli Landing
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11 Mission Boulevard Rendering
October 28, 2025– Lazuli Landing
127 of 305
Amendments to
Disposition, Development,
and Loan Agreement
Section 2
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13 October 28, 2025– Lazuli Landing
Amendments to the DDLA
• Adjustment to City Fund sources for project
• Revised Schedule of Performance - Corresponds to tax credit funding requirements
• Revised Scope of Development – Parking update and Residential Amenities update
• Revised Financing Plan – Corresponds to previous unsuccessful grant applications being replaced by new funding sources
• Revised Promissory Note – Update for revised City Loan amounts • Revised Regulatory Agreement – Update to affordability mix, unit restrictions, and Live/Work preference mix
129 of 305

14 October 28, 2025– Lazuli Landing
Sources 2020 Plan 2025 Plan
City Housing Funds Loan $5,034,924
Sources:
• $2,434,924 Housing in-lieu
fees
• $1.1 M – 2010 RDA Housing
Bond Proceeds
• $1.5 M – RDA Housing Tax
Increment Funds
$4,355,613
Sources:
• $1,850,399 Housing in-lieu
fees
• $2,505,214 – RDA Housing Tax
Increment Funds
2025 Housing Successor Agency
Grant
None $1,135,662 - 2010 RDA Housing
Bond Proceeds
City grant to construct offices $1.8 M from CIP developer fees (including the capital facilities
fees paid by MidPen)
$1.8 M from CIP developer fees
(including the capital facilities
fees paid by MidPen)
Total $6,834,924 $7,291,275
(Net addition of $456,351 to
2020 Financing Plan)
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15 October 28, 2025– Lazuli Landing
Loan Term (no changes):
• 55-year term, 0 percent interest
• Repayment “residual receipts”
• Public agencies receive 75 percent residual receipts
• City to receive 15 percent of 75 percent residual
receipts
• Other agencies involved with Project:
• State HCD, Housing Trust Silicon Valley, Federal
Home Loan Bank of San Francisco, State
Department of Developmental Services, Alameda
County HCD
131 of 305

16 October 28, 2025– Lazuli Landing
Household Income Application to Units
• Units are allocated by Area Median Income (AMI)
percentage based on the projects Affordability Mix
• Household rent is based off of an applicant’s annual gross income
• For example, Maximum income limit for an extremely- low 20% AMI unit for a 1 BR Unit is $25,580
• Maximum income limit for a very-low 50% AMI unit
for a 2 BR unit is $63,950
• Maximum income limit for a low income 60% AMI
unit for a 2 BR $76,740 132 of 305

17 October 28, 2025– Lazuli Landing
Application Process
• MidPen completes community outreach process
approximately 6 months prior to construction
• Marketing will include ads in publications, flyers, and outreach to local service organizations
• Applications are submitted to MidPen within a specific timeframe
• Applications will be lotterized and a waitlist created • Applicants will be contacted by MidPen lease up team in lottery rank order to confirm income and eligibility
• Eligible applicants will be offered a unit
• Applications not selected will be contacted and placed on waitlist
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18 October 28, 2025– Lazuli Landing
Affordability Restrictions
Extremely
Low-Income
Units (20%
of AMI)
Extremely
Low-Income
Units (30% of
AMI)
Very LowIncome Units
(40% of AMI)
Very LowIncome
Units (50%
of AMI)
LowIncome
Units
(60% of
AMI)
Total Units
1-Bedroom 14 2 5 21
2-Bedroom 3 1 9 19 4 36
3-Bedroom 3 2 11 7 23
Unrestricted
Manager’s
Unit
1 Total Units 17 4 13 35 11 81
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19 October 28, 2025– Lazuli Landing
Developer Finance Plan:
$91.1 million Permanent Financing
• $ 2.8 million - Housing Trust Silicon Valley (HTSV) Apple Construction Loan Permanent Financing Loan
• $ 13.5 million - State Housing and Community Development (HCD) Department – Affordable Housing and Sustainable Communities (AHSC) Loan
• $ 4.5 million - Alameda County A-1 Bond funds - Regional • $ 8.8 million - Alameda County A-1 Bond funds - Union City share • $ 7.291 million - City Contribution (Affordable Housing Fund & RDA Housing Bond Funds) 135 of 305

20 October 28, 2025– Lazuli Landing
Developer Plan to Finance Project:
$91.1 million Permanent Financing (cont.)
• $ 1.5 million - California Department of Developmental Services loan • $ 2.0 million - Federal Home Loan Bank San Francisco Affordable Housing Program (FHLBSF AHP) loan
• $ 720,000 - Deferred Developer Fee (MidPen)
• $ 41 million LP Equity generated 4 Percent Tax Credits • $ 8.9 million GP Tax Credit – available with LP Equity 136 of 305

21 October 28, 2025– Lazuli Landing
Housing Preference:
• City Council expressed preference to prioritize Union City residents for affordable housing
• Federal Fair Housing Law and Alameda County A-1
Implementation policies limit units for preference
• Alameda County A-1 Bond funds requires Displacement Study to justify local preference
• City submitted Displacement Study in July 2019
• Alameda County responded in June 2020 they supported a Live/Work preference for people living and/or working in Union City
137 of 305

22 October 28, 2025– Lazuli Landing
City and County Live/Work Preferences
Extremely
LowIncome
Units (20%
AMI)* I/DD
set-aside
Extremely
Low-Income
Units (30%
AMI)
Very LowIncome Units
(40% AMI)
Very LowIncome Units
(50% AMI)
Low-income
Units (60%
AMI)
Total Units
City
Preference
4 4 13 35 11 67
County
Preference
13 13
Unrestricted
Manager
Unit
1 Total Units 17 4 13 35 11 81
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TEFRA
Section 3
139 of 305

24 October 28, 2025 – Lazuli Landing
TEFRA Hearing
• Public hearing required pursuant to Tax Equity and Fiscal Responsibility Act (TEFRA)
• MidPen has asked California Municipal Finance Authority (CMFA) to be the issuer of tax-exempt financing
• Amount not to exceed $48 Million of tax-exempt revenue bonds • CMFA is a joint powers authority
• Debt will be the sole responsibility of the Borrower
• City will bear no costs or obligations
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Final Parcel Map
Section 4
141 of 305

26 October 28, 2025 – Lazuli Landing
Final Parcel Map
• Combines several parcels into one parcel
• Is in substantial compliance with Tentative Parcel Map approved in 2019
• Improvements in the public right-of-way include:
• undergrounding of overhead power poles on D St. and E St. • wheelchair ramps
• frontage improvements
• landscaping
• lighting
• facilities to treat stormwater
• new fire hydrant water line
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27 October 28, 2025 -- Lazuli Landing
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28 October 28, 2025 – Lazuli Landing
Recommendation

1. Open TEFRA Public Hearing, receive any comments, close Public Hearing.

2. Adopt a Resolution Authorizing the City Manager to Execute of the First Amendment to the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation and adopting findings in Connection with Such Amendment

3. Adopt a Resolution Authorizing a Budget Allocation in Accordance with the Disposition, Development and Loan Agreement between the City and MidPen Housing Corporation for the Lazuli Landing Project

5. Adopt a Resolution Approving Final Parcel Map 11004 for the Lazuli Landing Development by the MidPen Housing Corporation 144 of 305
City Council Staff Report Page 1 of 4 October 28, 2025
Agenda Item No. 5.1
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the Dedication of City-Owned Land as Right-of-Way, Landscape Easement, and Public Utility Easement for Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, and Authorizing the City Manager to Accept Such a Dedication

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the dedication of city-owned land as right-of-way, landscape easement, and public utility easement for Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City project No. 18-04, authorizing the City Manager to accept such a dedication and to execute the documents necessary to affect the purpose and intent of the resolution, in a form approved by the City Attorney.

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

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

Goal C, Strategy 18: Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway.

BACKGROUND
Quarry Lakes Parkway, Phase (Segment) 2
The Quarry Lakes Parkway project was previously known as the East West Connector, which traversed Fremont and Union City from Mission Boulevard to I-880 and was sponsored and managed by Caltrans (Route 84 Corridor) and various Alameda County transportation agencies (East West Connector Project), most recently by Alameda County Transportation Commission (Alameda CTC). On March 22, 2018, Alameda CTC 145 of 305
Agenda Item No. 5.1
City Council Staff Report Page 2 of 4 October 28, 2025
approved the request from the City of Union City to be the project sponsor of the former East West Connector Project. As the project sponsor, Union City assumed responsibility for the design, right-of-way certification, and construction. On February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the East West Connector Project to the Quarry Lakes Parkway Project. This was done to reflect the roadway’s updated purpose as a local, multimodal corridor.

To better manage the project, the City broke it into segments, or phases, including Phase (Segment) 1: 7th Street Connection (7th Street to Mission Boulevard); Phase (Segment) 2: Gateway Connection (Old Alameda Creek to Alvarado-Niles Road); Phase (Segment) 3: 11th Street Connection (11th Street to 7th Street); Phase (Segment) 4: Alvarado-Niles Connection & Grade Separations (BART and Oakland Subdivision); and Phase (Segment) 5: Paseo Padre Parkway & Bike Trail Connection (Paseo Padre Parkway in Fremont to Old Alameda Creek in Union City).

Alameda CTC approved the allocation of $4.2 million of 1986 Measure B funds for the design of Quarry Lakes Parkway, Phases (Segments) 1 and 2 on November 20, 2020 (Alameda CTC Resolution No. 20-013). Union City then adopted Resolution No. 5841- 21, authorizing the execution of the Alameda CTC Project Funding Agreement (PFA) No.

A22-0053 on October 12, 2021. The City enlisted Mark Thomas & Company, Inc. to begin Preliminary Engineering (30% Final Design) for Phases 1 and 2 of the Quarry Lakes Parkway Project in January 2022, focusing on redesigning the Parkway to meet the National Association of City Transportation Officials (NACTO) and Caltrans Complete Streets Policies.

Work on the 65% Final Design of Phase (Segment) 2 began in early 2023 and was completed by October 2024. On May 22, 2025, Alameda CTC approved amending PFA No. A22-0053 increasing the grant funding by $3,995,000 to complete the final design of Phase (Segment) 2. The amended PFA and final design funding were accepted by the City Council on June 24, 2025 (Resolution No. 2025-087). The contract for Mark Thomas & Company, Inc. was subsequently amended to deliver 100% Plans, Specifications, and Estimates (PS&E) of Quarry Lakes Parkway, Phase (Segment) 2 on July 8, 2025 (Resolution No. 2025-097).

Caltrans Gateway Site
The excess Route 84 properties, or Gateway Site, is a 36-acre parcel roughly bound by Osprey Drive, Alvarado-Niles Road, the Fremont city limit, and Old Alameda Creek. The site encompasses the right-of-way required for Quarry Lakes Parkway, Phase 2, including Quarry Lakes Parkway and Quarry Lakes Drive. The City Council adopted Resolution 5546-19 on July 9, 2019, which authorized the acquisition of the Gateway Site from Caltrans. A Purchase and Sale Agreement between Caltrans and Union City was executed on August 16, 2019, and is included as Exhibit A. The California Transportation Commission (CTC) authorized conveyance of the Caltrans property to the City of Union City at its June 24, 2021, meeting, Tab 81, Ref# 2.4d(3). The Director’s Grant Deed transferring ownership of the site from Caltrans to the City is included as Exhibit B.

The City is required to pay Caltrans the land cost payment received for the purchase of the developable portion of the property, which may not be less than Caltrans’s appraised 146 of 305
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City Council Staff Report Page 3 of 4 October 28, 2025
land value of $86,184,000. The land cost paid to Caltrans will be deposited into a Local Alternative Transportation Improvement Program (LATIP) account and distributed to LATIP projects as approved by the CTC on December 30, 2009. The balance and revenue estimates for the LATIP projects were updated on May 18, 2023. Over $58 million of the LATIP is earmarked for projects that constitute the former East West Connector, including Decoto Complete Streets in Fremont ($16,400,000) and Quarry Lakes Parkway in Union City ($41,814,000).

Pursuant to the Surplus Lands Act, the City issued a Notice of Availability of approximately

25.4 acres of the Gateway Site to qualified housing developers on June 28, 2021. City Ventures Homebuilding, LLC, the developer that built “The Sugarmill” on Union City Boulevard, submitted a statement of interest, proposing to pay Union City $90 million for the property. City Council adopted Resolution 5874-21 approving an Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for the sale and development of a portion of the Gateway Site on December 14, 2021. On May 13, 2025, the City Council authorized the extension of the agreement to June 7, 2026, to continue good faith negotiations on a Property Sale Agreement between the City and the developer.

The Exclusive Negotiating Agreement is nonbinding but is intended to provide time for the parties to negotiate a binding agreement. It also identifies the framework for the product type, density range, and amenities proposed for development, including the development of 400 to 535 residential units, with 25 percent of the units affordable to accommodate low-income households, pursuant to the State of California Surplus Lands Act requirements. The developer is also required to comply with certain preservation requirements for the Peterson Farmhouse Site, included in the Caltrans Office of Historical Resources Studies PRC Review, October 9, 2020, DD; 034410-01-01.

DISCUSSION
Quarry Lakes Parkway Phase (Segment) 2 is the segment of the future multimodal corridor located between Alvarado-Niles Road and Old Alameda Creek, and crosses through the former Caltrans Gateway site. Phase (Segment) 2 provides roadway improvements independent of the other phases of the Quarry Lakes Parkway corridor by realigning Quarry Lakes Drive closer to Old Alameda Creek, constructing a new Quarry Lakes Parkway, and modifying Alvarado-Niles Road to improve traffic flow and circulation.

Phase (Segment) 2 also addresses other current transportation needs by constructing Complete Streets components, including a 20-foot-wide Class I multi-use trail, wider sidewalks, Class II buffered bike lanes, and new signalized intersections at Quarry Lakes Drive and Alvarado-Niles Road. These improvements will provide improved facilities for cyclists, pedestrians, and transit, and will better connect residents to the Union City BART Intermodal Station, regional parks, shopping, schools, and neighborhoods.

Final design of Phase (Segment) 2 of the Quarry Lakes Parkway project is currently underway, including detailed design for Phase (Segment) 2 and preparation of final plans, specifications, and estimates (PS&E), including updating engineering/technical reports to serve as the basis for construction contract documents. To complete Final Design of Phase (Segment) 2 of the Quarry Lakes Parkway project, the proposed Quarry Lakes Parkway and realigned Quarry Lakes Drive are required to be defined as a “public road” right-of-way, along with an adjacent 10-foot combined landscape easement and public utility easement. A portion of the Caltrans site is also needed for additional “public road” 147 of 305
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City Council Staff Report Page 4 of 4 October 28, 2025
right-of-way improvements along Alvarado-Niles Road and Osprey Drive.

A map of the right-of-way and easement requirements is attached as Exhibit C. The plat and legal description of the land to be dedicated as right-of-way for the roadway is attached as Exhibit D. The plat and legal description of the land to be dedicated as landscape easement and public utility easement is attached as Exhibit E.

The proposed action is critical for two key reasons. First, the proposed “public road” rightof-way for the proposed Quarry Lakes Parkway and the realigned Quarry Lakes Drive, followed by the abandonment of the existing Quarry Lakes Drive, is required for utility companies to design new utilities within Quarry Lakes Parkway, and the relocation of the existing utilities within the existing Quarry Lakes Drive to the realigned Quarry Lakes Drive. Therefore, the timely review and approval of designs by public utilities is critical to completing the Phase (Segment) 2 final design by the summer of 2026.

Secondly, the establishment of the right-of-way, landscape, and public utility easements sets the boundaries of the Caltrans site available for residential development. With the right-of-way boundaries and easements established, City staff will be able to continue negotiations on the terms of a Property Sale Agreement with City Ventures and coordinate with the developer on preliminary site mapping.

FISCAL IMPACT
There is no fiscal impact to the City from dedicating and accepting this land for right-ofway, landscape, and public utility easements.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the dedication of city-owned land as right-of-way, landscape easement, and public utility easement for Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City project No. 18-04, authorizing the City Manager to accept such a dedication and to execute the documents necessary to affect the purpose and intent of this Resolution, in a form approved by the City Attorney.

Prepared by: Jonathan Segarra, Management Analyst II
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Draft Resolution

2. Exhibit A: Caltrans Purchase and Sale Agreement

3. Exhibit B: Directors Grant Deed

4. Exhibit C: Right-of-Way Requirement Map

5. Exhibit D: Plat and Legal Description of Right-of-Way

6. Exhibit E: Plat and Legal Description for Landscape and Public Utility Easements 148 of 305
RESOLUTION NO. 2025-XXX
ADOPT A RESOLUTION AUTHORIZING THE DEDICATION OF CITYOWNED LAND AS RIGHT-OF-WAY, LANDSCAPE EASEMENT, AND PUBLIC UTILITY EASEMENT FOR PHASE (SEGMENT) 2 OF THE

QUARRY LAKES PARKWAY (EAST WEST CONNECTOR) PROJECT,
CITY PROJECT NO. 18-04, AND AUTHORIZING THE CITY MANAGER

TO ACCEPT SUCH DEDICATION
WHEREAS, for the past several decades, a proposed roadway corridor between I-880 in Fremont and Mission Boulevard (Route 238) in Union City, parallel to Decoto Road, was sponsored and managed by Caltrans (Route 84 Corridor) and various Alameda County’s transportation agencies (East West Connector Project), most recently by Alameda County Transportation Commission (Alameda CTC); and WHEREAS, on March 22, 2018, Alameda CTC approved a request from the City of Union City to be the project sponsor for the remaining phases of the East West Connector Project and to update the project description eligible for the remaining commitment from the 1986 Measure B Transportation Expenditure Plan; and WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 5444- 19, which authorized renaming the East West Connector Project to the Quarry Lakes Parkway Project; and
WHEREAS, to better manage the project, the City divided the project into usable segments or phases that included Phase (Segment) 1: 7th Street Connection (7th Street to Mission Boulevard), Phase (Segment) 2: Gateway Connection (Old Alameda Creek to Alvarado-Niles Road), Phase (Segment) 3: 11th Street Connection (11th Street to 7th Street), Phase (Segment) 4: Alvarado-Niles Connection & Grade Separations (BART and Oakland Subdivision) and Phase (Segment) 5: Paseo Padre Parkway & Bike Trail Connection (Paseo Padre Parkway in Fremont to Old Alameda Creek in Union City); and WHEREAS, the Quarry Lakes Parkway, City Project No. 18-04, is funded with 1986 Measure B funds, 2014 Measure BB funds, and other transportation funds administered by Alameda CTC; and
WHEREAS, on July 9, 2019, the City Council adopted Resolution No. 5546-19, which declared a public purpose and authorized the City Manager to negotiate and execute a Purchase and Sale Agreement with the California Department of Transportation for the purchase of certain excess Route 84 properties referred to as the Gateway Site. That executed Purchase and Sale Agreement is attached as Exhibit A; and
WHEREAS, on June 23, 2021, the California Transportation Commission approved Item 2.4d. (3), Action Item: the conveyance of excess Route 84 state-owned real property referred to as the Gateway Site to Union City, and on July 29, 2021, the City received the recorded Director’s Deed Grant transferring the excess state-owned real property to Union City. That Director’s Grant Deed is attached as Exhibit B; and 149 of 305
Resolution No. 2025-XXX
Authorize Quarry Lakes Parkway Phase 2 Right-of-Way Dedication

Page 2 of 3 ends

WHEREAS, pursuant to the Surplus Lands Act, the City issued a Notice of Availability of approximately 25.4 acres of the Gateway Site for sale to qualified housing developers on June 28, 2021, and City Ventures Homebuilding, LLC, submitted a statement of interest by the deadline for the property; and WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 5874-21 approving an Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC, for the sale and development of a portion of the Gateway Site, bounded by Alvarado-Niles Road, Osprey Drive, Old Alameda Creek, and the City Limit Line with Fremont; and
WHEREAS, on May 13, 2025, the City Council adopted Resolution No. 2025-057 approving an extension to the Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC, for the sale and development of a portion of the Gateway Site; and WHEREAS, to complete Final Design of Phase (Segment) 2 of the Quarry Lakes Parkway project, the proposed Quarry Lakes Parkway and realigned Quarry Lakes Drive are required to be defined as a “public road” right-of-way along with an adjacent 10-foot combined landscape easement and public utility easement. A map of the right-of-way and easement requirements is attached as Exhibit C; and
WHEREAS, the proposed “public road” right-of-way for the proposed Quarry Lakes Parkway and the realigned Quarry Lakes Drive, followed by the abandonment of the existing Quarry Lakes Drive, will allow the utility companies to design the new utilities within Quarry Lakes Parkway and the relocation of the existing utilities within the existing Quarry Lakes Drive to the realigned Quarry Lakes Drive; and WHEREAS, a portion of the Gateway Site is also needed for additional “public road” right-of-way improvements along Alvarado-Niles Road and along Osprey Drive; and WHEREAS, the establishment of right-of-way, landscape easement, and public utility easement set the boundaries of the Gateway Site available for residential development, thereby supporting negotiations for the final sale of the property; and WHEREAS, the City Council finds that it will serve the public good for the City to dedicate a portion of the Gateway Site for the construction of Phase (Segment) 2 of the Quarry Lakes Parkway project, which will include two public streets with multimodal facilities; and
WHEREAS, the Plat and Legal Descriptions of the land to be dedicated as rightof-way for the public street are attached as Exhibit D; and WHEREAS, the Plat and Legal Description of the land to be dedicated as a landscape easement and a public utility easement is attached as Exhibit E; and WHEREAS, the right-of-way, landscape easement, and public utility easement dedications for public street purposes involve no City funds and there is no fiscal impact. 150 of 305
Resolution No. 2025-XXX
Authorize Quarry Lakes Parkway Phase 2 Right-of-Way Dedication

Page 3 of 3 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the dedication of city-owned land as right-of-way, landscape easement, and public utility easement for Phase (Segment) 2 of the Quarry Lakes Parkway (East West Connector) Project, City project No. 18-04, and authorizes the City Manager to accept such dedication.

BE IT FURTHER RESOLVED, the City Council of the City of Union City authorizes the City Manager to execute the documents necessary to effect the purpose and intent of this Resolution, in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of October 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: Caltrans Purchase and Sale Agreement

2. Exhibit B: Directors Grant Deed

3. Exhibit C: Right-of-Way Requirement Map

4. Exhibit D: Plat and Legal Description of Right-of-Way

5. Exhibit E: Plat and Legal Description for Landscape and Public Utility Easements 151 of 305
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1 EXHIBIT “D”

LEGAL DESCRIPTION FOR
QUARRY LAKES PARKWAY ROADWAY (PHASE 2)
All that property situate in the City of Union City, County of Alameda, State of California, being a portion of those lands described in that Director’s Deed recorded on July 29, 2021, as Document Number 2021262264 and that Declaration of Covenants, Conditions, and Restrictions recorded November 9, 1972, in Reel 3273, Image 718 as Document Number 72-152997, Official Records of said County, more particularly described as follows:

COMMENCING at a found 2 ½ inch brass disk with no stamp in a well set to mark the northerly terminus of that line shown as “N33°31’20”E 189.06’ M-M” on Tract 3835 recorded on June 29, 1977 in Book 95 of Maps at Pages 88 to 92 in the Office of the Recorder of said County which bears South 15°05'13" West, 638.77 feet from a found 2 ½ inch brass disk with no stamp in a well shown as found standard city monument on Alvarado-Niles Road near the intersection of Osprey Drive on said Tract 3835;
thence South 08° 27' 17" West, 102.63 feet to the westerly line of said Director’s Deed, said line also being common to the easterly line of said Tract 3835, and also being the POINT OF BEGINNING;
thence along said common line, North 16°17'40" East, 750.24 feet to the southerly line of an existing road easement recorded December 18, 1958, in Book 8880 at Page 35 in the Official Records of said County;
thence along said southerly line, South 69°56'33" East, 736.87 feet; thence leaving said southerly line, South 16°18'27" West, 84.94 feet; thence South 49°53'02" East, 57.39 feet;
thence North 56°35'07" West, 51.52 feet to the beginning of a curve to the left, having a radius of 404.00 feet;
thence along said curve through a central angle of 15°31'43", an arc distance of 109.49 feet to the beginning of a reverse curve to the right, having a radius of 496.00 feet; thence along said curve through a central angle of 09°11'03", an arc distance of 79.51 feet to the beginning of a reverse curve to the left, having a radius of 1276.00 feet; thence along said curve through a central angle of 08°20'50", an arc distance of 185.90 feet to the beginning of a compound curve to the left, having a radius of 6.00 feet; thence along said curve through a central angle of 88°40'24", an arc distance of 9.29 feet to the beginning of a compound curve to the left, having a radius of 3,775.00 feet; 188 of 305
2 thence along said curve through a central angle of 01°24'46", an arc distance of 93.08 feet; thence South 18°38'13" West, 83.62 feet to the beginning of a curve to the right, having a radius of 218.00 feet;
thence along said curve through a central angle of 13°28'00", an arc distance of 51.24 feet to the beginning of a reverse curve to the left, having a radius of 182.00 feet; thence along said curve through a central angle of 13°28'00", an arc distance of 42.78 feet; thence South 18°38'13" West, 583.37 feet to the beginning of a curve to the left, having a radius of 12.00 feet;
thence along said curve through a central angle of 90°00'00", an arc distance of 18.85 feet; thence South 71°21'47" East, 254.58 feet to the beginning of a curve to the right, having a radius of 1426.00 feet;
thence along said curve through a central angle of 36°45'19", an arc distance of 914.78 feet to the beginning of a compound curve to the right, having a radius of 124.00 feet; thence along said curve through a central angle of 17°27'00", an arc distance of 37.77 feet to the beginning of a reverse curve to the left, having a radius of 76.00 feet; thence along said curve through a central angle of 15°08'58", an arc distance of 20.09 feet to the beginning of a reverse curve to the right, having a radius of 1418.00 feet; thence along said curve through a central angle of 04°57'06", an arc distance of 122.54 feet to a point on the boundary of the City of Union City;
thence along said City boundary, South 16°05'23" West, 58.67 feet; thence North 73°58'54" West, 41.36 feet to the beginning of a non-tangent curve to the left, having a radius of 639.00 feet, with a radial bearing of North 62°36'27" East; thence leaving said City boundary, along said curve through a central angle of 07°12'59", an arc distance of 80.48 feet to the beginning of a reverse curve to the right, having a radius of 108.00 feet;
thence along said curve through a central angle of 19°24'35", an arc distance of 36.59 feet to the beginning of a reverse curve to the left, having a radius of 92.00 feet; thence along said curve through a central angle of 17°42'17", an arc distance of 28.43 feet to the beginning of a compound curve to the left, having a radius of 1352.00 feet; 189 of 305
3 thence along said curve through a central angle of 38°27'34", an arc distance of 907.52 feet; thence North 71°21'47" West, 235.93 feet;
thence South 18°38'13" West, 16.00 feet;
thence North 71°21'47" West, 18.65 feet to the beginning of a curve to the left, having a radius of

12.00 feet;
thence along said curve through a central angle of 90°00'00", an arc distance of 18.85 feet; thence South 18°38'13" West, 28.07 feet:
thence North 71°21'47" West, 124.00 feet;
thence North 10°34'35" East, 57.05 feet;
thence North 18°38'13" East, 885.17 feet to the beginning of a curve to the left, having a radius of

40.00 feet;
thence along said curve through a central angle of 15°46'06", an arc distance of 11.01 feet; thence North 02°52'07" East, 24.99 feet;
thence North 19°49'06" East, 13.22 feet to the beginning of a curve to the left, having a radius of

10.00 feet;
thence along said curve through a central angle of 89°05'50", an arc distance of 15.55 feet; thence North 69°16'44" West, 149.16 feet to the beginning of a curve to the left, having a radius of 25.00 feet;
thence along said curve through a central angle of 94°25'37", an arc distance of 41.20 feet; thence South 16°17'40" West, 497.15 feet to the beginning of a curve to the right, having a radius of 480.00 feet;
thence along said curve through a central angle of 15°34'10", an arc distance of 130.43 feet; thence South 31°51'49" West, 23.80 feet to the POINT OF BEGINNING.

Containing 7.02 acres, more or less.

Subject to covenants, conditions, reservations, restrictions, right-of-way, and easements of record, if any.

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4 Bearings and distances shown are grid based on California Coordinate System of 1983 (1991.35), Zone III. All distances are shown in US Survey Foot. Divide grid distances by 1.0000652 to obtain ground distances.

This real property description and accompanied Exhibit “D-1” has been prepared at Mark Thomas by me, or under my direction, in conformance with the Professional Land Surveyors’ Act. ______________________________ ____________
ANNETTE M. HOVORKA PLS. 8246 DATE
10/22/2025

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S15°05'13"W 638.77' S08°27'17"W 102.63' Drawn By AK Checked By AH SHEET 1 OF 4 EXHIBIT D-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California BEARINGS AND DISTANCES SHOWN ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983 (1991.35), ZONE III. ALL DISTANCES ARE SHOWN IN US SURVEY FOOT. DIVIDE GRID DISTANCES BY 1.0000652 TO OBTAIN GROUND DISTANCES. J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\ROW\QUARRY_LAKES_PKY_ROW_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1" = 300' Date: OCT, 2025 SCALE 0 Feet 150 300 600 1" = 300' LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT M MAPS O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED ALVARADO NILES ROAD POC FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL (NORTHERLY TERMINUS OF M-M LINE PER 95 M 88-92) ±7.02 Ac FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL (FD STD CITY MON PER 95 M 88-92) QUARRY LAKES PARKWAY QUARRY LAKES DRIVE (PUBLIC ROAD) OSPREY POBSEE EASEMENT DETAILS SHEET 2 OF 4 SEE EASEMENT DETAILS SHEET 3 OF 4 SEE EASEMENT DETAILS SHEET 4 OF 4 CITY OF UNION CITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APN: 87-11-16-3 Doc No. 72-152997, O.R. CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264

CITY OF UNION CITY

CITY OF FREMONT DRIVE

CITY OF UNION CITY
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CURVE TABLE C1 R=25.00' Δ=94°25'37" L=41.20'
M-M
S15°05'13"W 638.77' S08°27'17"W 102.63'
N16°17'40"E 750.24' N69°16'44"W 149.16' C1
S16°17'40"W 497.15' S69°56'33"E 736.87' ALVARADO NILES ROAD POC FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL Drawn By AK Checked By AH SHEET 2 OF 4 EXHIBIT D-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\ROW\QUARRY_LAKES_PKY_ROW_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=150' Date: OCT, 2025 SCALE 0 Feet 75 150 300 1" = 150' FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL

OSPREY DRIVEPOB
MATCHLINE-SEE SHEET 3 KINGLET COURT SKYLARK DRIVE ±7.02 Ac CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R. EXISTING STREET ESMT (DOC 85-209422, O.R.) TO BE ABANDONED SOUTHERLY LINE OF EXISTING ROAD EASEMENT BK 8880, PG 35 O.R. LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT M MAPS O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED COMMON LINE BETWEEN THE WESTERLY LINE OF DIRECTOR'S DEED DOC NO. 202162264, O.R. AND THE EASTERLY LINE OF TRACT 3835 PER 95 M 88-92 S31°51'49"W 23.80' R=480.00' Δ=15°34'10" L=130.43' 193 of 305 S69°56'33"E 736.87' S16°18'27"W 84.94' S49°53'02"E 57.39' N56°35'07"W 51.52' C3 C2 C4 C5 C6 S18°38'13"W 83.62' R=218.00' Δ=13°28'00" L=51.24' R=182.00' Δ=13°28'00" L=42.78' S18°38'13"W 583.37'
N18°38'13"E 885.17' N69°16'44"W 149.16' R=40.00' Δ=15°46'06" L=11.01' N02°52'07"E 24.99' N19°49'06"E 13.23' C7 N18°38'13"E
885.17' N69°16'44"W 149.16' CURVE TABLE C2C3C4C5C6C7 R=404.00' Δ=15°31'43" L=109.49' R=496.00' Δ=9°11'03" L=79.51' R=1276.00' Δ=8°20'50" L=185.90' R=6.00' Δ=88°40'24" L=9.29' R=3775.00' Δ=1°24'46" L=93.08' R=10.00' Δ=89°05'50" L=15.55' ALVARADO NILES ROAD Drawn By AK Checked By AH SHEET 3 OF 4 EXHIBIT D-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\ROW\QUARRY_LAKES_PKY_ROW_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=150' Date: OCT, 2025 SCALE 0 Feet 75 150 300 1" = 150'
QUARRY LAKES PARKWAY MATCHLINE-SEE SHEET 4
MATCHLINE-SEE SHEET 2 DETAIL "A" N.T.S. ±7.02 Ac CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R. SOUTHERLY LINE OF EXISTING ROAD EASEMENT BK 8880, PG 35 O.R. N33°24'53"E(R) EXISTING STREET ESMT (DOC 85-209422, O.R.) TO BE ABANDONED LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT M MAPS O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED SEE DETAIL "A" BELOW 09°11'03" 08°20'50" 01°24'46" 194 of 305 R=12.00' Δ=90°00'00" L=18.85' S71°21'47"E 254.58' R=14 26 .0 ' Δ=36° 45'19" L=914 .7 8' C8C9C10 L1 L2 R=639.00' Δ=07°12'59" L=80.48' R=108.00' Δ=19°24'35" L=36.59' R=92.00' Δ=17°42'17" L=28.43' R=135 2 .0 ' Δ=38° 27'3 4" L=907 .5 2' N71°21'47"W 235.93' N71°21'47"W 124.00' L3 S18°38'13"W
583.37'
N18°38'13"E 885.17' S18°38'13"W 16.00' N71°21'47"W 18.65' R=12.00' Δ=90°00'00" L=18.85' S18°38'13"W 28.07' N71°21'47"W 235.93' CURVE TABLE C8C9 C10 R=124.00' Δ=17°27'00" L=37.77' R=76.00' Δ=15°08'58" L=20.09' R=1418.00' Δ= 04°57'06" L=122.54' LINE TABLE L1L2L3 S16°05'23"W 58.67' N73°58'54"W 41.36' N10°34'35"E 57.05'

CITY OF UNION CITY
S62°38'40"E(R) Drawn By AK Checked By AH SHEET 4 OF 4 EXHIBIT D-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\ROW\QUARRY_LAKES_PKY_ROW_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=150' Date: OCT, 2025 SCALE 0 Feet 75 150 300 1" = 150' MATCHLINE-SEE SHEET 3 SEE DETAIL "B" ABOVE DETAIL "B" N.T.S. ±7.02 Ac EXISTING STREET ESMT (DOC 85-209422, O.R.) TO BE ABANDONEDN62°36'27"E(R) CITY OF FREMONT LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT M MAPS O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED 195 of 305 1 EXHIBIT “E”

LEGAL DESCRIPTION FOR
QUARRY LAKES PARKWAY PHASE 2 PUBLIC UTILITY/LANDSCAPE EASEMENT All that property situate in the City of Union City, County of Alameda, State of California, being a portion of those land described in that Director’s Deed recorded on July 29, 2021, as Document Number 2021262264 and that Declaration of Covenants, Conditions, and Restrictions recorded November 9, 1972, in Reel 3273, Image 718 as Document Number 72-152997, Official Records of said County, more particularly described as follows:

PARCEL 1 - Public Utility Easement
COMMENCING at a found 2 ½ inch brass disk with no stamp in a well shown as found standard city monument on Alvarado-Niles Road near the intersection of Osprey Drive on Tract 3835 recorded on June 29, 1977 in Book 95 of Maps at Pages 88 to 92 in the Office of the Recorder of said County which bears North 15°05'13" East, 638.77 feet from a found 2 ½ inch brass disk with no stamp in a well set to mark the northerly terminus of that line shown as “N33°31’20”E 189.06’ M-M” on said Tract 3835;
thence South 13°05'14" East, 104.89 feet to the beginning of a non-tangent curve to the right, having a radius of 25.00 feet, with a radial bearing of North 73°42'20" West, also being the POINT OF BEGINNING;

thence northeasterly along said curve through a central angle of 94°25'37", an arc distance of 41.20 feet;
thence South 69°16'44" East, 149.16 feet to a point hereinafter referred to as Point “A”; thence South 21°14'22" West, 6.00 feet to a line parallel with and lying 6.00 feet southerly thereof; thence along said line, North 69°16'44" West, 149.16 feet to the beginning of a curve to the left, having a radius of 19.00 feet;
thence southwesterly along said curve, being concentric with last said curve, through a central angle of 94°25'37", an arc distance of 31.31 feet;
thence North 73°42'20" West, 6.00 feet to the POINT OF BEGINNING.

Containing 1,112 square feet or 0.03 acres, more or less.

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2 PARCEL 2 - Landscape and Public Utility Easement
BEGINNING at said Point “A” , also being the beginning of a non-tangent curve to the right, having a radius of 10.00 feet, with a radial bearing of North 20°43'16" East; thence southeasterly along said curve through a central angle of 89°05'50", an arc distance of

15.55 feet;
thence South 19°49'06" West, 13.23 feet;
thence South 02°52'07" West, 24.99 feet to the beginning of a non-tangent curve to the left, having a radius of 40.00 feet, with a radial bearing of South 87°07'53" East; thence southwesterly along said curve through a central angle of 15°46'06", an arc distance of

11.01 feet;
thence South 18°38'13" West, 764.17 feet;
thence North 71°21'47" West, 10.00 feet;
thence North 18°38'13" East, 764.17 feet to the beginning of a curve to the right, having a radius of 30 feet;
thence northeasterly along said curve through a central angle of 15°46'06", an arc distance of 8.26 feet;
thence North 02°52'07" East, 26.48 feet;
thence, North 20°00'41" East, 18.72 feet;
thence North 20°43'16" East, 6.00 feet to the POINT OF BEGINNING.

Containing 8,214 square feet or 0.19 acres, more or less.

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3 PARCEL 3 - Landscape and Public Utility Easement
COMMENCING at a found 2 ½ inch brass disk with no stamp in a well set to mark the northerly terminus of that line shown as “N33°31’20”E 189.06’ M-M” on Tract 3835 recorded on June 29, 1977 in Book 95 of Maps at Pages 88 to 92 in the Office of the Recorder of said County which bears South 15°05'13" West, 638.77 feet from a found 2 ½ inch brass disk with no stamp in a well shown as found standard city monument on Alvarado-Niles Road near the intersection of Osprey Drive on said Tract 3835;
thence South 31°00'43" East, 446.41 feet to the POINT OF BEGINNING; thence North 18°38'13" East, 583.35 feet to the beginning of a curve to the right, having a radius of 182.00 feet;
thence northeasterly along said curve through a central angle of 13°28'05", an arc distance of 42.78 feet to the beginning of a reverse curve to the left, having a radius of 218.00 feet; thence northeasterly along said curve through a central angle of 13°28'05", an arc distance of 51.24 feet;
thence North 18°38'13" East, 83.62 feet to the beginning of a curve to the right, having a radius of 3775.00 feet;
thence northeasterly along said curve through a central angle of 01°24'46", an arc distance of 93.08 feet to the beginning of a compound curve to the right, having a radius of 6.00 feet; thence northeasterly along said curve through a central angle of 88°40'24", an arc distance of 9.29 feet to the beginning of a compound curve to the right, having a radius of 1276.00 feet; thence southeasterly along said curve through a central angle of 08°20'50", an arc distance of 185.90 feet to the beginning of a reverse curve to the left, having a radius of 496.00 feet; thence southeasterly along said curve through a central angle of 09°11'03", an arc distance of 79.51 feet to the beginning of a reverse curve to the right, having a radius of 404.00 feet; thence southeasterly along said curve through a central angle of 15°31'43", an arc distance of 109.49 feet;
thence South 56°35'07" East, 51.52 feet;
thence South 49°53'02" East, 60.67 feet;
thence South 11°03'04" West, 3.16 feet;
thence North 56°35'07" West, 112.98 feet to the beginning of a curve to the left, having a radius of 394.00 feet;
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4 thence northwesterly along said curve, being concentric with last said curve, through a central angle of 15°31'43", an arc distance of 106.78 feet to the beginning of a reverse curve to the right, having a radius of 506.00 feet;
thence northwesterly along said curve through a central angle of 09°11'03", an arc distance of

81.11 feet to the beginning of a reverse curve to the left, having a radius of 1266.00 feet; thence northwesterly along said curve through a central angle of 08°10'13", an arc distance of 180.53 feet to the beginning of a non-tangent curve to the left, having a radius of 3765.00 feet, with a radial bearing of North 70°00'36" West;
thence southwesterly along said curve through a central angle of 01°21'12", an arc distance of

88.92 feet;
thence South 18°38'13" West, 83.62 feet to the beginning of a curve to the right, having a radius of 228.00 feet;
thence southwesterly along said curve through a central angle of 13°28'00", an arc distance of

53.59 feet to the beginning of a reverse curve to the left, having a radius of 172.00 feet; thence southwesterly along said curve through a central angle of 13°28'00", an arc distance of

40.43 feet;
thence South 18°38'13" West, 583.37 feet to the beginning of a curve to the left, having a radius of 2.00 feet;
thence southeasterly along said curve through a central angle of 90°00'00", an arc distance of 3.14 feet;
thence South 71°21'47" East, 254.58 feet to the beginning of a curve to the right, having a radius of 1436.00 feet;
thence southeasterly along said curve through a central angle of 36°45'19", an arc distance of 921.19 feet to the beginning of a compound curve to the right, having a radius of 134.00 feet; thence southeasterly along said curve through a central angle of 17°27'00", an arc distance of 40.81 feet to the beginning of a reverse curve to the left, having a radius of 66.00 feet; thence southeasterly along said curve through a central angle of 15°08'58", an arc distance of 17.45 feet to the beginning of a reverse curve to the right, having a radius of 1428.00 feet; thence southeasterly along said curve through a central angle of 04°31'46", an arc distance of 112.89 feet;
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5 thence South 16°05'23" West, 14.49 feet to the beginning of a non-tangent curve to the left, having a radius of 1418.00 feet, with a radial bearing of North 62°38'40" East; thence northwesterly along said curve through a central angle of 04°57'06", an arc distance of 122.54 feet to the beginning of a reverse curve to the right, having a radius of 76.00 feet; thence northwesterly along said curve through a central angle of 15°08'58", an arc distance of

20.09 feet to the beginning of a reverse curve to the left, having a radius of 124.00 feet; thence northwesterly along said curve through a central angle of 17°27'00", an arc distance of

37.77 feet to the beginning of a compound curve to the left, having a radius of 1426.00 feet; thence northwesterly along said curve through a central angle of 36°45'19", an arc distance of 914.78 feet;
thence North 71°21'47" West, 254.58 feet to the beginning of a curve to the right, having a radius of 12.00 feet;
thence northwesterly along said curve through a central angle of 90°00'00", an arc distance of

18.85 feet to the POINT OF BEGINNING.

Containing 26,788 square feet or .61 acres, more or less.

Shown graphically on Exhibit E-1, attached hereto and made a part hereof.

This real property description has been prepared at Mark Thomas & Company Inc., by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Mark Thomas & Company, Inc.
______________________________ ____________
ANNETTE M. HOVORKA PLS. 8246 DATE
10/22/2025
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Drawn By AK Checked By AH SHEET 1 OF 6 EXHIBIT E-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California BEARINGS AND DISTANCES SHOWN ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983 (1991.35), ZONE III. ALL DISTANCES ARE SHOWN IN US SURVEY FOOT. DIVIDE GRID DISTANCES BY 1.0000652 TO OBTAIN GROUND DISTANCES. J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\PUE\QUARRY_LAKES_PKY_PUE_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1" = 300' Date: OCT, 2025 SCALE 0 Feet 150 300 600 1" = 300' LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUE PUBLIC UTILITY EASEMENT O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED ALVARADO NILES ROAD FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL (NORTHERLY TERMINUS OF M-M LINE PER 95 M 88-92) FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL (FD STD CITY MON PER 95 M 88-92) QUARRY LAKES PARKWAY (SEE NOTE 1) OSPREY QUARRY LAKES DRIVE SEE PARCEL 1 PUE DETAILS SHEET 2 OF 6 SEE PARCEL 3 LANDSCAPE & PUE DETAILS SHEET 5 OF 6 SEE PARCEL 3 LANDSCAPE AND PUE SHEET 6 OF 6 CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264

CITY OF UNION CITY
CITY OF FREMONT DRIVE NOTE 1: INSTRUMENT CONVEYING STREET AREAS SHOWN ON THIS PLAT ARE EXPECTED TO BE FILED SIMULTANEOUSLY WITH THIS INSTRUMENT. SEE PARCEL 2 LANDSCAPE & PUE DETAILS SHEET 3 OF 6 N15°05'13"E 638.77'
(SEE NOTE 1)
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R=25.00' Δ=94°25'37" L=41.20' S69°16'44"E 149.16' N69°16'44"W 149.16' R=19.00' Δ=94°25'37" L=31.31' N73°42'20"W 6.00' S13°05'14"E 104.89' N15°05'13"E 638.77' ALVARADO NILES ROAD FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL PARCEL 1 - PUE Drawn By AK Checked By AH SHEET 2 OF 6 EXHIBIT E-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\PUE\QUARRY_LAKES_PKY_PUE_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=40' Date: OCT, 2025 POC FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL OSPREY DRIVE POB ±0.03 Ac ±1,112 SF CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R. N73°42'20"W(R) LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUE PUBLIC UTILITY EASEMENT O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED POINT "A" S20°43'16"W

6.00' SCALE 0 Feet 20 40 80 1" = 40'
6'
6' (R) 6.00' 202 of 305
R=10.00' Δ=89°05'50" L=15.55' S19°49'06"W 13.23' S02°52'07"W 24.99' R=40.00' Δ=15°46'06" L=11.01' S18°38'13"W 764.17'
N18°38'13"E 764.17' R=30.00' Δ=15°46'06" L=8.26' N02°52'07"E 26.48' N20°00'41"E 18.72' N20°43'16"E 6.00' N71°21'47"W 10.00' ALVARADO NILES ROAD Drawn By AK Checked By AH SHEET 3 OF 6 EXHIBIT E-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\PUE\QUARRY_LAKES_PKY_PUE_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=60' Date: OCT, 2025 SCALE 0 Feet 30 60 120 1" = 60'

QUARRY LAKES PARKWAY
(SEE NOTE 1) POB POINT "A" CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R. LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUE PUBLIC UTILITY EASEMENT O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED ±0.19 Ac ±8,214 sf 10' PARCEL 2 LANDSCAPE & PUE N20°43'16"E(R) 10' S87°07'53"E(R) 203 of 305 R=12.00' Δ=90°00'00" L=18.85'
N18°38'13"E 583.37'
S18°38'13"W 583.37' R=2.00' Δ=90°00'00" L=3.14' S71°21'47"E 254.58' N71°21'47"W 254.58' R=1436 .00' Δ=36° 45'19" L=9 21.19' R=14 26 .00' Δ=36° 45'19" L=914 .7 8' POC FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL Drawn By AK Checked By AH SHEET 4 OF 6 EXHIBIT E-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\PUE\QUARRY_LAKES_PKY_PUE_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=120' Date: OCT, 2025 SCALE 0 Feet 60 120 240 1" = 120' FD 2 1/2" BRASS DISK WITH NO STAMP IN A WELL

QUARRY LAKES PARKWAY
(SEE NOTE 1) POB MATCHLINE-SEE SHEET 5
MATCHLINE-SEE SHEET 6 CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R. EXISTING STREET ESMT (DOC 85-209422, O.R.) TO BE ABANDONED LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUE PUBLIC UTILITY EASEMENT O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED S31°00'43"E 446.41' S15°05'13"W 638.77' QUARRY LAKES DRIVE (SEE NOTE 1) ±0.61 Ac ±26,788 sf PARCEL 3 LANDSCAPE & PUE 10' 10' 204 of 305
CURVE TABLE C1C2 R=182.00' Δ=13°28'00" L=42.78' R=218.00' Δ=13°28'00" L=51.24' CURVE TABLE C3C4 R=3775.00' Δ=1°24'46" L=93.08' R=6.00' Δ=88°40'24" L=9.29' CURVE TABLE C5C6 R=1276.00' Δ=8°20'50" L=185.90' R=496.00' Δ=9°11'03" L=79.51' CURVE TABLE C7C8 R=404.00' Δ=15°31'43" L=109.49' R=394.00' Δ=15°31'43" L=106.78' CURVE TABLE C9 C10 R=506.00' Δ=9°11'03" L=81.11' R=1266.00' Δ=8°10'13" L=180.53' CURVE TABLE C11 R=3765.00' Δ=1°21'12" L=88.92' CURVE TABLE C12 R=228.00' Δ=13°28'00" L=53.59' CURVE TABLE C13 R=172.00' Δ=13°28'00" L=40.43' C1 C2 N18°38'13"E 83.62' C3 C4 C5 C6 C7 S56°35'07"E 51.52' S49°53'02"E 60.67' S11°03'04"W 3.16' N56°35'07"W 112.98' C9 C8 C10 C11 S18°38'13"W 83.62' C12
C13 01°24'46" ALVARADO NILES ROAD Drawn By AK Checked By AH SHEET 5 OF 6 EXHIBIT E-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\PUE\QUARRY_LAKES_PKY_PUE_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=120' Date: OCT, 2025 SCALE 0 Feet 60 120 240 1" = 120'

QUARRY LAKES

PARKWAY
(SEE NOTE 1)CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R. LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUE PUBLIC UTILITY EASEMENT O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED MATCHLINE-SEE SHEET 408°20'50" 09°11'03" 08°10'13" 09°11'03" 01°21'12" ±0.61 Ac ±26,788 sf PARCEL 3 LANDSCAPE & PUE N18°54'00"E(R) R=1266.00' 10' 10' N70°00'36"W(R) R=3765.00' 205 of 305
R=14 26 .0 ' Δ=36° 45'19" L=914 .7 8' R=134.00' Δ=17°27'00" L=40.81' R=66.00' Δ=15°08'58" L=17.45' R=1428.00' Δ=04°31'46" L=112.89' S16°05'23"W

14.49' R=1418.00' Δ=04°57'06" L=122.54' R=76.00' Δ=15°08'58" L=20.09' R=124.00' Δ=17°27'00" L=37.77' R=14 36 .0 ' Δ=36° 45'19" L=9 21.19' Drawn By AK Checked By AH SHEET 6 OF 6 EXHIBIT E-1 Plat to Accompany Legal Description In the City of Union City Alameda County, California J:\UNION CITY-22-00100-QUARRY LAKES PARKWAY PH 1 AND 2\SURVEY AND ROW\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\PUE\QUARRY_LAKES_PKY_PUE_PLAT.DWG 2025-10-14 SZIMMERMAN Scale: 1"=120' Date: OCT, 2025 SCALE 0 Feet 60 120 240 1" = 120' CITY OF UNION CITY ±0.61 Ac ±26,788 sf
MATCHLINE-SEE SHEET 4 CITY OF UNION CITY DIRECTOR'S DEED APN: 87-11-15-14, 15-15, 17-6 & 17-7 Doc No. 2021262264, O.R.

CITY OF FREMONT LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUE PUBLIC UTILITY EASEMENT O.R. OFFICIAL RECORDS (R) RADIAL FOUND MONUMENT AS NOTED DIMENSION POINT PARCEL TO BE TRANSFERRED EXISTING STREET ESMT (DOC 85-209422, O.R.) TO BE ABANDONED PARCEL 3 LANDSCAPE & PUE N62°38'40"E(R) 10' 10' 206 of 305 ADOPT A RESOLUTION AUTHORIZING THE
DEDICATION OF CITY-OWNED LAND AS
RIGHT-OF-WAY, LANDSCAPE EASEMENT, AND
PUBLIC UTILITY EASEMENT FOR PHASE
(SEGMENT) 2 OF THE QUARRY LAKES
PARKWAY (EAST WEST CONNECTOR)
PROJECT, CITY PROJECT NO. 18-04, AND
AUTHORIZING THE CITY MANAGER TO
ACCEPT SUCH A DEDICATION
Jonathan Segarra, Management Analyst II
City Manager Report, Item 5.1
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2 Strategic Plan Consistency
Goal C, Strategy 2: Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing, and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.

Quarry Lakes Parkway Phase 2 Land Dedication
208 of 305
3 Station District – Recent and Planned Development
209 of 305
4 History of Quarry Lakes Parkway (Phase 2)
§ 1986: Caltrans Historic Route 84 project identified in 1986 Measure B § 2003: ACTA takes over former East-West Connector (EWC) project. § 2009: Alameda CTC approves Environmental Impact Report (EIR) for EWC § March 2018: Alameda CTC names Union City as new project sponsor. § February 2019: Project renamed Quarry Lakes Parkway Project. § November 2020: Alameda CTC commits 1986 Measure B funding, allocates design funds for Phases 1-2 (PFA No. A22-0053).
§ January 2022: Mark Thomas & Co. selected to lead Phase 1-2 design. § September 2024: 65% design of Phase 2 completed.
§ May 2025: Alameda CTC approves $3.995 million for Final Design of Phase 2. § July 2025: Phase 2 final design commences. 210 of 305 5 Quarry Lakes Parkway Update
3 211 of 305
6 History of Caltrans Gateway Site
§ December 2009: Local Alternative Transportation Improvement Program (LATIP) for excess Caltrans Route 84 properties (Gateway Site) approved by California Transportation Commission (CTC).
§ August 2019: Purchase and Sale Agreement for the Gateway Site executed between City and Caltrans.
§ June 2021: CTC authorizes conveyance of Gateway Site to City; Notice of Availability of approximately 25.4 acres of site issued to qualified developers. § December 2021: City enters into Exclusive Negotiating Agreement with City Ventures to purchase available land at the Gateway Site for development. § May 2025: ENA extended to June 7, 2026. 212 of 305
7 Exclusive Negotiating Agreement (ENA)
§ ENA w/ City Ventures Homebuilding,
LLC executed Dec. 14, 2021
§ $90 million proposed purchase price
§ 400 – 535 units; 25% affordable
§ Criteria for preservation of historic
resource area
§ Sale will fund LATIP projects (Quarry
Lakes Parkway - $41.8 million)
§ Must sell for no less than $86 million
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8 Former East West Connector Detention Basins
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9 Quarry Lakes Parkway: Phase 2 Design Process
Vision to Improve Gateway Development Site (2021-24)
• Move deep basins away from
Arroyo Park, neighborhood
• Relocate / combine basins
next to Old Alameda Creek
• Use Old Alameda Creek for
drainage, hydromodification
during peak storm events
• Redesign approved by
RWQCB, ACFCD and others
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10 Final Design Phase
§ Defines the needed Right of Way for public streets, landscape and utility easements to allow utilities to prepare improvement plans § Needed for 100% Final PS&E (Plans, Specifications, and Estimates) § Secures approvals from regulatory agencies, utilities, adjacent developers, and other agencies.
§ Used for construction contract documents and bid packages § To be completed by Summer 2026
Quarry Lakes Parkway, Phase 2 Land Dedication
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11 Quarry Lakes Parkway – Phase 2 Rendering
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12 Quarry Lakes Parkway – Street Section (35 mph)
• “Complete Streets” Design
• 20-foot Multi-Use Path
• Buffered Bike Lanes
• 35 MPH Speed Limit
• Landscaped Medians
• Connections to Parks and Trails 218 of 305
13 • “Complete Streets” Design
• Connections to Parks and
Trails
• 35 MPH Speed Limit
• 20-foot Multi-Use Path
• Buffered Bike Lanes
Quarry Lakes Drive – Street Section
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14 Map: Dedication of Right-of-Way and Easement
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15 Significance of Land Dedication for Right-of-Way,
Easements

1. Allows Public Utilities to redesign new utilities and relocate existing utilities into Quarry Lakes Parkway and Quarry Lakes Drive (required to achieve final design by Summer 2026).

2. Sets boundaries of the Caltrans site available for residential development (required for property sale negotiations and site mapping).

Quarry Lakes Parkway Phase 2 Land Dedication
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16 Staff recommends that the City Council adopt a resolution:

Authorizing the dedication of City-owned land as
Right-of-Way, Landscape Easement, and Public
Utility Easement for Phase (Segment) 2 of Quarry
Lakes Parkway (East West Connector), City Project
No. 18-04, and authorizing the City Manager to accept
such a dedication.

Quarry Lakes Parkway Phase 2 Land Dedication
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Agenda Item No. 5.2
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Introduce by Title Only, an Ordinance of the City Council of the City of Union City Repealing and Replacing Chapters 15.20, 15.40, 15.44,

15.48, 15.52, 15.80, 15.81, and 15.84 of Title 15, Building and Construction, of the Union City Municipal Code to Incorporate the 2025 California Building Codes with Local Amendments and Adopt a Resolution Finding and Determining the Need for Local Amendments Are Reasonably Necessary Because of Local Climatic, Geologic, or Topographical Conditions, in Accordance with California Health and Safety Code Section 17958.7

EXECUTIVE SUMMARY
Every three years, the California Building Standards Commission (CBSC), along with other state agencies, reviews the California Building Standards Code (California Code of Regulations, Title 24) for use throughout California. The Building Standards Codes are codified as Union City Municipal Code Title 15, Building and Construction. Once adopted by the State, the revisions become effective by default and without local approval or amendments. Cities and counties may then adopt local amendments to the California Building Standards Code based on local climatic, geological, and topographical conditions. Any amendments by the City must be at least as stringent as those outlined in the Building Standards Code.

The proposed Ordinance repeals and replaces various chapters of Title 15 of the Municipal Code to incorporate the 2025 California Building Codes, with local amendments. The City Council is also required to set a public hearing for the adoption of the Ordinance, which will be held on November 25, 2025.

Staff and the City Attorney’s Office recommend that the City Council waive full reading and introduce by title only the proposed Ordinance repealing and replacing various chapters of Title 15 of the Municipal Code to incorporate the 2025 California Building Codes. Additionally, the Staff and the City Attorney’s Office recommend that the City Council adopt a resolution making findings justifying local amendments based on local climatic, geologic, and topographic conditions.
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STRATEGIC PLAN ALIGNMENT
This item is not related to the strategic plan, as it is required as part of the triennial update to the California Building Codes.

BACKGROUND
The regulations in California governing building standards are found in the California Building Standards Code (CBS), also known as Title 24 of the California Code of Regulations (CCR). The California Building Standards Code is made up of 12 parts containing various construction codes (i.e., building, residential, electrical, plumbing, mechanical, energy, green building, existing building, fire, historical structures, etc.), which are adopted in whole or in part and then amended by some 14 different State agencies. The California Building Standards Commission (CBSC) is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing the State of California's building standards. Every three years, the CBSC, along with other State agencies, reviews the California Building Standards Code for use throughout California. Once adopted by the State, the revisions become effective by default and without local approval or amendments.

In accordance with State law, the newly updated 2025 California Building Standards Code, in its entirety, and other related appendices will go into effect on January 1, 2026, with or without City action.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when the modifications are at least as stringent as what is required by the codes, and provided that amendments are made with express findings of need based on local climatic, geological, or topographical conditions, by resolution.

The 2022 California Building Standards Code, currently in effect in Union City, will become null and void effective January 1, 2026, at which time the 2025 Building Standards Code will become effective throughout California. The proposed Ordinance will adopt the 2025 California Building Standards Code by reference and include local amendments consisting of structural, fire and life safety, green building and sustainability, and administrative provisions or procedures. The majority of the proposed amendments are a continuation of previously adopted amendments from prior code adoption cycles.

DISCUSSION
State Building Codes
The proposed Ordinance includes the adoption of the following building codes by reference and publishes the revised sections of the Union City Municipal Code, as follows:
• Chapter 15.20 California Fire Code– CCR Title 24 Part 9 • Chapter 15.40 California Building Code– CCR Title 24 Part 2 • Chapter 15.44 California Electrical Code– CCR Title 24 Part 4 • Chapter 15.48 California Plumbing Code– CCR Title 24 Part 6 • Chapter 15.52 California Mechanical Code– CCR Title 24 Part 5 • Chapter 15.80 California Residential Code– CCR Title 24 Part 3 224 of 305
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• Chapter 15.81 California Existing Building Code– CCR Title 24 Part 10 • Chapter 15.84 California Green Building Standards Code– CCR Title 24 Part 11 Approval of the Ordinance will ensure consistency of the City of Union City’s Building, Electrical, Mechanical, Plumbing, and Existing Building Codes with state standards and ensure that the City codes provide additional protection for the health, welfare, and safety of residents, as required due to local climatic, geological, and topographical conditions.

Resolution of Local Condition Findings
Health and Safety Code Sections 17958, 17958.5, and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State adopted California Building Standards Code.

Each technical amendment requires the local jurisdiction to make a finding that the amendment is reasonably necessary due to local climatic, geological, or topographical conditions (California Health and Safety Code, Section 17958.7).

The proposed amendments to the building standards codes are based primarily on earthquake and soil conditions in Union City. The suggested local amendments proposed by this resolution are generally consistent with the direction, existing policies, and construction requirements previously adopted by the City. These findings are incorporated in the draft Resolution.

AB 130 and Its Effect on Local Building Code Amendments Pursuant to Assembly Bill 130 (Chapter 22, Statutes of 2025) and guidance issued by the California Building Standards Commission (Information Bulletin 25-03, see Attachment C), cities and counties are subject to a six-year moratorium on new or amended local building standards affecting residential occupancies—specifically, Residential Group R occupancies (R-1, R-2, R-2.1, R-2.2, R-3, R-3.1, and R-4) as defined in Section 310 of the California Building Code, and detached one- and two-family dwellings and townhouses regulated by the California Residential Code. The moratorium is effective October 1, 2025, through June 1, 2031, except for limited statutory exceptions such as (1) previously filed local amendments with no material change in regulatory effect; (2) emergency standards necessary to protect public health and safety; (3 and 4) amendments related to home hardening or Wildland-Urban Interface fire-resistance standards; or (5) amendments necessary to implement a local greenhouse-gas reduction strategy consistent with a general plan approved on or before June 10, 2025, that both permits mixed-fuel residential construction consistent with federal law and incentivizes all-electric construction as part of an adopted climate action framework.

In compliance with AB 130, the City of Union City is carrying forward—without change— all local amendments previously adopted with the 2022 California Building Standards Codes that affect residential occupancies. These amendments were duly filed with the California Building Standards Commission and are considered “previously filed” amendments with no material change in regulatory effect. For non-residential occupancies, the City likewise continues its 2022 local amendments and administrative provisions, updated only as necessary to align numbering and references with the 2025 California Building Standards Codes. Collectively, these updates constitute a continuation and reaffirmation of existing City practice, ensuring consistency and legal conformity with 225 of 305
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both State law and local conditions, while introducing no new substantive changes to residential standards restricted under AB 130.

Public Notice
Because the California Building Standards Code will be adopted by reference, a public hearing must be held after the Ordinance is introduced. That hearing will be duly noticed and scheduled for November 25, 2025.

FISCAL IMPACT
There are no fiscal impacts associated with the introduction of the attached ordinances.

The proposed Ordinances maintain fees at the current rate outlined in the Union City Master Fee Schedule for permits, plan checking, and other Building Division and Fire Department services.

RECOMMENDATION
Staff recommends that City Council hold a public hearing, waive further reading, and adopt an Ordinance to repeal and replace chapters 15.20, 15.40, 15.44, 15.48, 15.52,

15.80, 15.81, and 15.84 Title 15, Building and Construction, of the Union City Municipal Code to incorporate the 2022 California Building Codes with local amendments; and adopt a resolution adopting findings justifying local amendments based on local climatic, geologic, and topographic conditions.

Prepared by: Erica Gonzalez, Attorney
Submitted by: Kristopher J. Kokotaylo, City Attorney
Attachments

1. Draft Ordinance

2. Draft Resolution
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ORDINANCE NO. 2025-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY REPEALING AND REPLACING CHAPTERS 15.20, 15.40, 15.44, 15.48,

15.52, 15.80, 15.81, AND 15.84 OF TITLE 15, BUILDING AND

CONSTRUCTION, OF THE UNION CITY MUNICIPAL CODE TO
INCORPORATE THE 2025 CALIFORNIA BUILDING CODES WITH

LOCAL AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code, consisting of the California Building Code, California Residential Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Existing Building Code, California Green Building Standards Code, California Energy Code, and California Reference Standards Code; and
WHEREAS, the updated California Building Standards Code becomes effective within the City on January 1, 2026, by default; and
WHEREAS, Section 17922 of the California Health and Safety Code requires local agencies to adopt the building standards contained in the California Building Standards Code; and
WHEREAS, California Health & Safety Code §§17958, 17958.5, 17958.7, 18938, and 18941.5 authorize local jurisdictions to adopt the California Building Standards Codes with amendments reasonably necessary because of local climatic, geological, or topographical conditions, so long as a local agency adopts such findings; and WHEREAS, currently Title 15 "Buildings and Construction" of the Union City Municipal Code (the "Code") most recently adopted the building standards contained in the 2025 versions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Fire Code, the California Existing Building Code, and the California Green Building Standards Code (collectively, the "California Building Standards Code"); and WHEREAS, the City Council desires to repeal and replace specified chapters of Title 15 of the Union City Municipal Code and adopt new chapters incorporating the 2025 California Building Standards Codes with local amendments; and WHEREAS, concurrent with this ordinance, the City adopts findings, by resolution, justifying local modifications based on local climatic, geologic, and topographic conditions; and
WHEREAS, a duly noticed public hearing was advertised as required by Government Code sections 6066 and 65090; and
WHEREAS, the City Council held a public hearing related to this Ordinance on November 25, 2025, and considered the staff report and public testimony received; and WHEREAS, the City Council finds that no additional environmental review is necessary because this Ordinance is not a project that has the potential to cause 227 of 305
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substantial or potentially substantial, adverse change in the environment and qualifies for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), and further, the Ordinance establishes standards for the approval of ministerial projects that are not themselves subject to CEQA review; and WHEREAS, the City Council finds that the adoption of the 2025 Edition of the California Building Standards Codes protects public health, safety, and welfare.

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

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

SECTION 2. Ordinance. The following Chapters of the Union City Municipal Code are hereby repealed and replaced in their entirety to read as attached:

1. Attachment 1- Chapter 15.40 Building Code

2. Attachment 2- Chapter 15.80 Residential Code

3. Attachment 3 - Chapter 15.81 Existing Building Code

4. Attachment 4 - Chapter 15.84 Green Building Standards Code

5. Attachment 5 - Chapter 15.48 Plumbing Code

6. Attachment 6 - Chapter 15.52 Mechanical Code

7. Attachment 7 - Chapter 15.44 Electrical Code

8. Attachment 8 - Chapter 15.20 Fire Code
SECTION 3. A copy of the 2025 California Building Standards Code, together with the Union City local amendments and the finding of facts, shall be maintained for public inspection in the office of the City Clerk.

SECTION 4. CEQA. Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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SECTION 6. Publication and effective date. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published according to law. The effective date of this ordinance shall be January 1, 2026, consistent with the effective date established by the California Building Standards Commission for the 2025 California Building Standards Codes.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of November 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. Attachment 1- Chapter 15.40 Building Code

2. Attachment 2- Chapter 15.80 Residential Code

3. Attachment 3 - Chapter 15.81 Existing Building Code

4. Attachment 4 - Chapter 15.84 Green Building Standards Code

5. Attachment 5 - Chapter 15.48 Plumbing Code

6. Attachment 6 - Chapter 15.52 Mechanical Code

7. Attachment 7 - Chapter 15.44 Electrical Code

8. Attachment 8 - Chapter 15.20 Fire Code
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ATTACHMENT 1
Chapter 15.40

BUILDING CODE AND UNIFORM BUILDING CODE

15.40.010 Adoption by Reference.

A. The 2025 California Building Code (Based on the 2024 International Building Code) and State of California Amendments, published by the International Code Council, and all revisions and amendments heretofore and hereafter adopted by the International Code Council, are hereby adopted by reference as the Building Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of buildings within the City of Union City.

B. One copy of said Code and appendices thereto has been filed for use and examination by the public in the office of the City Clerk of the City of Union City at 34009 Alvarado-Niles Road, Union. City, California, and the same or identical copy thereof, not less than one in number, shall at all times be kept on file for similar use.

C. The rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force on January 1, 2026.

15.40.020 Title.

This chapter may be cited and shall be known as the "Building Code of the City of Union City."

15.40.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City."
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D. "City Council" shall mean the City Council of the City of Union City.

E. "Code Enforcement Division" shall mean the Building Inspection Division.

F. "Mayor" shall mean the Mayor of the City of Union City.

15.40.040 Violation and Infraction.

CBC Section 1.8.9.3 is added to Section 1.8.9 to read as follows:

A citation may be issued in accordance with the Union City Municipal Code Section

1.16.030. A person charged with an infraction is guilty of a separate offense for each and every day during which any violation of any provision of this chapter of the Union City Municipal Code is continued, and can be cited each day as a separate offense.

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation misdemeanor $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor, individuals cited may be represented by legal counsel in a court of law.

15.40.050 Violation a Nuisance.

CBC Section 1.8.9.4 is added to Section 1.8.9 to read as follows:

It is hereby found and declared that the existence of a violation of any of the foregoing sections of this Chapter within the City of Union City is a public nuisance and dangerous to the public health and safety of persons within said City, and in addition to any other remedies provided by law, the Union City Police Department or appropriate legal officer is authorized and directed to investigate any such nuisance, to notify in the form and manner hereinabove provided any person or persons maintaining such nuisance, to abate same in conformance to the provisions of this Chapter, and upon failure to comply, to enter upon said premises, public or private wherein said nuisance exists and summarily abate same. 232 of 305
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15.40.060 Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Legislative Body hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

15.40.070 Fees.

CBC Chapter 1, Section 1.8.4.2 is amended and replaced to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.40.080 Board of Appeals.

CBC Chapter 1, Section 1.8.8 is amended and replaced to read as follows:

The Board of Appeals shall be comprised of one or more hearing officers appointed by the City Council. The decision of the appointed hearing officer(s) is final as to any related Appeals Board and City Council actions.

15.40.090 Structure Moving Permits.

CBC Section 1.8.10.3 is added to Section 1.8.10 to read as follows:

In addition to other permits required by this Code, no person, firm or corporation shall move or cause to be moved any building or structure from any location, lot, piece, or parcel of land located within or without the corporate limits of the City of Union City to any other lot, piece or parcel of land located within the incorporated territory of the City of Union City without first having obtained a separate structure moving permit for each building or structure to be moved, pursuant to Chapter 15.70 of the Union City Municipal Code.

15.40.130 Premises Identification.

CBC Section 502.1 is amended and replaced to read as follows:

Approved numbers or addresses shall be provided on all new buildings and on existing buildings when remodeling or alteration work is undertaken. Numbers shall be placed in such a position as to be plainly visible and legible from the street or road fronting the property.

To be considered plainly visible and legible, the following minimal standards shall apply:
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A. Multi-Family Dwellings: Each building address shall be in Arabic numbers not less than 4" in height, internally illuminated, and connected to the building wiring. Where units are designated individually by unit numbers or letters, such designations shall be in Arabic numbers or letters at least 4" in height and shall be permanently affixed immediately adjacent to or directly on the main entrance doors of each unit.

B. Business, Industrial, and Institutional buildings. Each building and each unit or subdivision of each building shall be provided with street address and unit or suite designations in permanently affixed Arabic numerals and/or letters at least 4" in height and a 1” stroke.

Exception: Where buildings are located a substantial distance from the face of the curb, the size of letters and numbers shall be adjusted as follows:

More than 50 feet: At least 6” in height with a 1” stroke.

More than 100 feet: At least 10” in height with a 1 ¾” stroke.

More than 150 feet: At least 16” in height with a 2” stroke.

When any work on an existing building is undertaken that requires the issuance of a building permit and such work exceeds a permit value of $1,000, then the address and unit numbers as described above shall be provided as a part of the work.

15.40.160 Automatic Fire Extinguishing Systems.

CBC Section 901.1.1 is added to Section 901.1 to read as follows:
901.1.1 Where Required. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in the California Fire Code, as amended by the City of Union City.

15.40.200 Structural Amendments.

CBC Section 1705.3 exception 1 is amended to read as follows:

Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

CBC Section 1905.1.7 ACI 318, Section 14.1.4. is amended and replaced to read as follows:
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14.1.4 - Plain concrete is not allowed in structures assigned to Seismic Design Category C, D, E, or F.

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete:
(a) Plain concrete footing & supporting walls are not permitted; all footings shall have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross crosssectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
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ATTACHMENT 2
Chapter 15.80

RESIDENTIAL CODE

15.80.010 Adoption by Reference.

A. The 2025 California Residential Code (Based on the 2024 International Residential Code) and State of California Amendments, and all Appendices thereto, published by the International Code Council, and all revisions and amendments heretofore and hereafter adopted by the International Code Council, are hereby adopted by reference as the Residential Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of residential buildings within the City of Union City.

C. The rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force on January 1, 2026.

15.80.020 Title.

This Chapter may be cited and shall be known as the "Residential Code of the City of Union City."

15.80.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City."
D. "City Council" shall mean the City Council of the City of Union City. 239 of 305
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Union City City CouncilOctober 28, 2025

Union City City Council
October 28, 2025