Union City City Council
November 25, 2025

November 25, 2025 | 7:00 PM Page 1 of 4
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, November 25, 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.

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 28, 2025 City Council Special Meeting Action Minutes

3.2. Approve the October 28, 2025 City Council Regular Meeting Action Minutes

3.3. Approve the November 4, 2025 City Council Special Meeting Action Minutes

3.4. Approve the November 13, 2025 City Council Special Meeting Minutes November 25, 2025 | 7:00 PM Page 2 of 4
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Regular Meeting Agenda

3.5. Adopt a Resolution Approving Amendment No. 5 to Contract No. 5774, the Post-Retirement Employment Agreement with Retired Annuitant Lola Tapia, to Extend the Agreement through June 30, 2026, for a Not-to-Exceed Amount of $30,000

3.6. Adopt a Resolution Approving Amendment No. 1 to the Post-Retirement Employment Agreement with Retired Annuitant Anita Castillo to Extend the Agreement through June 30, 2026, for a Not-to-Exceed Amount of $35,000.

3.7. Adopt a Resolution Authorizing the City Manager to Execute a One and One-Half Year Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the Amount of $150,000, for Streetlight Maintenance, On-Call Support and Emergency Repair Services for the second half of Fiscal Year 2025-2026 (January 1, 2026 through June 30, 2026) and Fiscal Year 2026-2027, and Authorizing the City Manager, at her Sole Discretion, to Exercise the Option to Extend the Agreement for a Third Year, for an Additional Amount Not-To-Exceed $100,000, for Fiscal Year 2027-2028, and for a Fourth Year, for an Additional Amount Not-To-Exceed $100,000, for Fiscal Year 2028-2029

4. PUBLIC HEARINGS

4.1. Conduct A Public Hearing And Waive Further Reading And Adopt An Ordinance 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

5. CITY MANAGER REPORTS

5.1. First Quarter Financial Report For Fiscal Year 2025-2026 (Representing July – September 2025)

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY

7. ITEMS REFERRED BY COUNCIL

8. GOOD OF THE ORDER

9. ADJOURNMENT

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.

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

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

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

ADDRESSING THE CITY COUNCIL
In-Person Public Comment:

Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address.

Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.

Written Comment:

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

Public Comment via Zoom:

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

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

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

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

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

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

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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 the Council Norms.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice and agenda were posted on the City's website and the City Hall bulletin board at least 72 hours prior to the meeting date, in compliance with the Ralph M. Brown Act. /s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency City Council Staff Report Page 1 of 1 November 25, 2025 Agenda Item No. 3.1
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the October 28, 2025 City Council Special Meeting Action Minutes

RECOMMENDATION
Staff recommends Council to approve the meeting 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 COUNCIL OF UNION CITY

SPECIAL MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, October 28, 2025 | 6:00 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 6:00 PM.

2. ROLL CALL

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

4. PROCLAMATIONS AND PRESENTATIONS

4.1. Proclamations Recognizing Participating Businesses in Manufacturing Day 2025
Mayor Singh read aloud the proclamations. Economic Community Development Coordinator Wellington and Economic Community Development Manager Ortega provided a brief presentation to the Council. James Logan High School Principal Ron Polk, along with students from the school, offered brief comments. The proclamations were then presented to representatives from FANUC America, GSM Precision Manufacturing, Mizuho OSI, and Outform.

4.2. Proclamation Recognizing November 2025 as National Native American History Month
Mayor Singh read aloud the proclamation and presented it to the representative of the Muwekma Ohlone Tribe of the San Francisco Bay Area, Anthony Acosta, who later provided brief comments.
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4.3. Proclamation Recognizing November 2025 as Sikh Awareness and Appreciation Month
Mayor Singh read aloud the proclamation and presented it to Raja Sweets & Catering CEO and President Makhan Bains, Dr. Rakesh Sandhu, Human Relations Alternate Commissioner Bajwa, and Jinder Singh. Alternate Commissioner Bajwa and Dr. Sandhu later provided brief comments.

4.4. Proclamation In Recognition of Sergeant Humberto Rodriguez, Officer Jonathan Vasquez, Officer Madison Geldermann, Officer Andrew Moya, and Officer Kyle Scarbrough’s Extraordinary Lifesaving Efforts in Preserving and Prolonging the Life of a Shooting Victim Who Suffered a LifeThreatening Gunshot Wound Mayor Singh read aloud the proclamation and presented it to Officers Andrew Moya and Kyle Scarbrough. Officer Scarbrough later provided brief comments afterwards.

4.5. Proclamation Honoring Officer Noah Stewart for Heroic Life-Saving Actions Mayor Singh read aloud the proclamation and presented it to Officer Noah Stewart, who later provided brief comments afterwards.

4.6. Proclamation Honoring Officer Andrew Moya for Heroic Life-Saving Actions Mayor Singh read aloud the proclamation and presented it to Officer Andrew Moya, who later provided brief comments afterwards.

5. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:52 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City on November 25, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
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City Council Staff Report Page 1 of 1 November 25, 2025 Agenda Item No. 3.2
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the October 28, 2025 City Council Regular Meeting Action Minutes

RECOMMENDATION
Staff recommend Council to approve the meetings.

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

1. Action Minutes
8 of 141

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 28, 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 7:08 PM.

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

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

2. ORAL COMMUNICATIONS
Subru Bhat spoke on items not on the agenda. There being no further speakers, Mayor Singh closed Oral Communications.
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3. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

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

3.1. Approve the October 14, 2025 City Council Regular Meeting Action Minutes A motion was made to approve the 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
A motion to adopt the resolution was made.

Enactment No.: Resolution No. 2025-139

3.3. Adopt a Resolution Approving an Amendment to Update the Class Specification for the Classification of Chief Building Official/Senior Plans Examiner
A motion to adopt the resolution was made.

Enactment No.: Resolution No. 2025-140

3.4. Adopt a Resolution Approving Final Parcel Map 11409 for Hassett Living Trust
A motion to adopt the resolution was made.

Enactment No.: Resolution No. 2025-141

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 10 of 141
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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) Community Development Director Campbell introduced the item to Council.

Union City Contract Staff Carmichael and Economic and Housing Manager Gomez gave staff presentation and answered questions from council members.

Mayor Singh opened the Public Hearing at 7:38 PM. The following speakers spoke at the Public Hearing:

Michelle Kim
Carmen Smeester
Irene Litherland
Jarod Suzuki
Michelle Parnala
There being no further speakers, Mayor Singh closed the Public Hearing at 7:48 PM.

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

Enactment Nos:

Resolution No. 2025-142 - 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
Resolution No. 2025-143 - 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
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Resolution No. 2025-144 - 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
Resolution No. 2025-145 - 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
Management Analyst II Segarra and Public Works Director Ayupan provided staff presentation and responded to questions from councilmembers.

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

Motion: 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.

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

Enactment No: Resolution No. 2025-146

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

Mayor Singh opened Public Comment. There being no speakers, Mayor Singh 12 of 141
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closed Public Comment.

Motion: 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 that the need for local amendments is reasonably necessary because of local climatic, geologic, or topographical conditions, in accordance with California Health and Safety Code Section 17958.7.

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

Enactment No: Resolution No. 2025-147

5.3. Receive a Report on the Recommendations from the Revenue Review Ad Hoc Subcommittee and Provide Policy Direction
City Manager Malloy provided staff presentation and responded to questions from councilmembers.

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

Through a lengthy City Council discussion, the Council directed staff on the following:

1. Pursue the renewal of the Utility Users Tax (UUT) for the November 2026 ballot and have the Ad Hoc Subcommittee work with consultants on the preparation of a community survey.

2. Target the update for the Landscape and Lighting District (LLAD) in 2027 but start the analysis and engineer’s report in mid-2026 so the City Council can move quickly in 2027 with the formal process to amend the LLAD.

3. Conduct research on a potential vacant property tax, with the understanding that this would be considered by the City Council for a future election cycle. This would allow the current litigation in San Francisco to be resolved first.

4. Bring back to the City Council a more detailed report on the cannabis sales tax, including statewide trends and local industry impacts, before there is consideration of a sales tax increase from four percent to six percent.
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5.4. Adopt a Resolution Setting the Start Time for Regular City Council Meetings at 6:30 PM Beginning in 2026
City Clerk Pham provided staff presentation and responded to questions from councilmembers.

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

Motion: Adopt a resolution setting the start time for regular City Council Meetings at 6:30 PM beginning in 2026
RESULT: Fail
MOVER: Mayor Singh
SECONDER: Councilmember Wang
AYES: Councilmember Wang and Mayor Singh
NOES: Councilmembers Nishihira, Patiño, and Vice Mayor
Sakakihara
ABSENT: None

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

7. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported that he attended the League of California Cities Annual Conference in Long Beach, where he chaired his final meeting as Chair of the Governance, Transparency, and Labor Relations Policy Committee.

Vice Mayor Sakakihara reported that he attended the Housing Authority of the County of Alameda meeting on October 15, where HUD funding availability was discussed, and the Ava Community Energy Board meeting on October 22 regarding agency procurement policy updates and the release of the annual power content label.

Councilmember Wang reported that he attended the Economic Development Advisory Team (EDAT) meeting on October 16, noting that staff will present the draft Strategic Plan update to the City Council in November. He also stated that he virtually observed the first Climate Action Plan Task Force meeting on October 23 due to a family emergency.

Councilmember Nishihira reported that he attended the Chamber of Commerce Manufacturing Industry Roundtable at Emerald Packaging on October 17, noting it was his first meeting as the Council liaison. He stated that the Library Commission has not met recently and that the next Legislation and Policy Committee meeting is scheduled for November 10.

Mayor Singh reported that he attended the Economic Development Advisory Team (EDAT) meeting on October 16, where consultant Dana led a discussion on the City’s Strategic Plan update. He noted that the meeting was productive and thanked staff for coordinating the session, with the next update scheduled for Council review in 2026.

8. GOOD OF THE ORDER
Councilmember Patiño reported that he was unable to attend the previous council meeting 14 of 141
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due to accompanying his grandmother for surgery at UCSF and thanked colleagues for their understanding. He attended the National League of Cities (NLC) Hispanic Elected Local Officials (HELO) Board meeting on October 16 to prepare for the upcoming NLC City Summit in Salt Lake City, the State of the City Address on October 17, the Día de los Muertos celebration at Searles Elementary School on October 24, and the Filipino American History Month celebration at César Chávez Middle School on October 25. He commended Recreation and Community Services staff for their strong community engagement and support of recent events.

Vice Mayor Sakakihara reported that he attended the Running Dead 5K event on October 19, the State of the City Address on October 17, and the Filipino American History Month celebration on October 25. He praised Recreation and Community Services staff for organizing multiple successful community events in October.

Councilmember Wang reported that he attended the Chamber of Commerce Manufacturing Industry Roundtable on October 17 and the Afghan community’s ‘Media and Grid’ event on October 19, highlighting its focus on Afghan history, immigration, and cultural preservation.

Councilmember Nishihira reported that he attended the State of the City Address on October 17 and the Chamber of Commerce event at Emerald Packaging the same day. He requested that staff schedule a closed session to begin the City Manager evaluation and discuss the timeline. Staff will follow up.

Mayor Singh reported that he attended the Filipino American Heritage Month celebration at the Holly Community Center on October 25, organized by Rosalinda Canlas, and the Filipino Heritage Month celebration (Sama Sama event) at Union Landing, which drew approximately 6,000 attendees and generated significant business activity. He commended staff and community organizers for their successful coordination of both events.

9. ADJOURNMENT
Mayor Singh adjourned the meeting at 9:25 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 November 25, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
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City Council Staff Report Page 1 of 1 November 25, 2025 Agenda Item No. 3.3
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the November 4, 2025 City Council Special Meeting Action Minutes
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Action Minutes
16 of 141

MINUTES

CITY COUNCIL OF UNION CITY

SPECIAL MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, November 4, 2025 | 5:00 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 5:07 PM.

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

3. PUBLIC HEARINGS

3.1. Consider an Appeal by Saurabh Talwar, Sunita Goyal, Christine Chen, Jon Kuo, Mohammad Fasiur Rahman, Weifeng Chen, and Wais Aubi of the Planning Commission’s Approval of Use Permit (UP-25-001) and Site Development Review (SD-25-001) for a New Wireless Facility at the Southern Alameda County Buddhist Church at 32975 Alvarado-Niles Road (APN: 475-0148-002-00); and Adopt a Resolution: (1) Denying the Appeal and Upholding the Planning Commission’s Approval of the Use Permit and Site Development Review; or (2) Denying the Appeal and Upholding the Planning Commission’s Approval of the Use Permit and Site Development Review, with Modified Conditions; or (3) Approving the Appeal and Denying the Use Permit and Site Development Review. The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Under Section 15303, New Construction or Conversion of Small 17 of 141
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Structures, of the CEQA Guidelines
Mayor Singh disclosed that he met with Condor Drive residents regarding the proposed project.

Economic and Community Development Director Campbell and Associate Planner Dean gave staff presentation and answered questions from council members.

Mayor Singh opened the Public Hearing at 5:40 PM. The following speakers spoke at the Public Hearing:

Peidong Shen
Sonny Mamrall
Terry Mamrall
Susan Quant
Janet Strickler
Marco A. Hernandez
Christine Toe-Jung Chen
Edward Bruessard
Anjana Bai
Saurabh Talwar
Satish Kumar
Sooraj Saui Ram
Andersen Lesa (Applicant Representative)
Motion: Continue the Public Hearing to November 13, 2025, at 6:00 PM, pending execution of a tolling agreement with the applicant.

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

4. CITY MANAGER REPORTS

4.1. Adopt a Resolution Authorizing the City Manager to Execute the Second Amendment to the Agreement with Gillig, LLC, Reducing the Number of Battery-Electric Thirty-Five-Foot (35’) Heavy-Duty Fixed-Route Transit Vehicles (Buses) to be Purchased from Fourteen (14) to Eight (8) Transit Manager Adams and Public Works Director Ayupan provided staff presentation and responded to questions from council members.

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

Motion: Adopt a resolution authorizing the City Manager to execute the Second Amendment to the Agreement with Gillig, LLC, reducing the number of battery-electric 35’ heavy-duty fixed-route transit vehicles (buses) to be purchased from 14 to eight.
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November 4, 2025 | 5:00 PM Page 3 of 3
City Council
Special Meeting Minutes
RESULT: Pass
MOVER: Councilmember Wang
SECONDER: Councilmember Nishihira
AYES: Councilmembers Nishihira, Patiño, Wang, Vice Mayor Sakakihara, and Mayor Singh
NOES: None
ABSENT: None

Enactment No.: Resolution No. 2025-148

4.2. Adopt a Resolution Designating the Voting Delegate and Alternate Delegate for the National League of Cities – City Summit 2025 on November 20–22, 2025, in Salt Lake City, Utah
City Clerk Pham provided staff presentation.

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

Motion: Adopt a resolution designating Councilmember Jeff Wang as the Voting Delegate and Councilmember Jaime Patiño as the Alternate Delegate for the National League of Cities – City Summit 2025 on November 20–22, 2025, in Salt Lake City, Utah.

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

Enactment No.: Resolution No. 2025-149

5. ORAL COMMUNICATIONS - Comments Limited to Items on the Special Meeting Agenda
Mayor Singh opened Oral Communications on items not on the special meeting agenda.

There being no speakers, Mayor Singh closed Oral Communications.

6. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:59 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City on November 25, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
19 of 141
City Council Staff Report Page 1 of 1 November 25, 2025 Agenda Item No. 3.4
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the November 13, 2025 City Council Special Meeting Minutes

RECOMMENDATION
Staff recommends Council approve the meeting minutes.

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

1. Action Minutes
20 of 141

MINUTES

CITY COUNCIL OF UNION CITY

SPECIAL MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Thursday, November 13, 2025 | 6:00 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 6:00 PM.

2. ROLL CALL
Attendance Attendee Name
Present Lance Nishihira, Councilmember
Jaime Patiño, Councilmember
Jeff Wang, Councilmember
Gary Singh, Mayor
Absent Scott Sakakihara, Vice Mayor

3. PUBLIC HEARINGS

3.1. Continue Public Hearing from November 13, 2025 to December 9, 2025 to Consider an Appeal by Saurabh Talwar, Sunita Goyal, Christine Chen, Jon Kuo, Mohammad Fasiur Rahman, Weifeng Chen, and Wais Aubi of the Planning Commission’s Approval of Use Permit (UP-25-001) and Site Development Review (SD-25-001) for a New Wireless Facility at the Southern Alameda County Buddhist Church at 32975 Alvarado-Niles Road (APN: 475-0148-002-00); and Adopt a Resolution: (1) Denying the Appeal and Upholding the Planning Commission’s Approval of the Use Permit and Site Development Review; or (2) Denying the Appeal and Upholding the Planning Commission’s Approval of the Use Permit and Site Development Review, with Modified Conditions, or (3) Approving the Appeal and Denying the Use Permit and Site Development Review. Staff is Recommending that This Project Be Considered Categorically Exempt from the California Environmental Quality Act (CEQA) Under Section 21 of 141
November 13, 2025 | 6:00 PM Page 2 of 2
City Council
Special Meeting Minutes
15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines
Economic and Community Development Director Campbell provided staff presentation and responded to questions from councilmembers.

Motion: Continue Public Hearing for the appeal of the Planning Commission’s approval of UP-25-001 and SD-22-001 to December 9, 2025.

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

4. ORAL COMMUNICATIONS - Comments Limited to Items Not on the Special Meeting Agenda
Mayor Singh opened Oral Communications. Seeing no speakers, Mayor Singh closed Oral Communications.

5. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:09 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City on November 25, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
22 of 141
City Council Staff Report Page 1 of 2 November 25, 2025 Staff Report
Agenda Item No. 3.5
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving Amendment No. 5 to Contract No. 5774, the Post-Retirement Employment Agreement with Retired Annuitant Lola Tapia, to Extend the Agreement through June 30, 2026, for a Notto-Exceed Amount of $30,000

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 5 to Contract No. 5774, the post-retirement employment agreement with retired annuitant Lola Tapia. This employment agreement, and its amendments, allowed the City to hire retired annuitant Lola Tapia on a limited and temporary basis to perform services that require specialized skills. At the same time, the City completes the transfer of information to current staff and implements the new financial accounting software. This resolution approves an extension through June 30, 2026, for a not-to-exceed amount of $30,000. The resolution also authorizes the hourly rate for Ms. Tapia to be changed commensurately with any future salary changes to the position of Senior Accountant that may be approved by resolution of the City Council.

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

BACKGROUND
On July 15, 2021, Lola Tapia, Senior Accountant, retired from the City of Union City's workforce, thus becoming a CalPERS retired annuitant. Ms. Tapia possesses specialized skills and knowledge needed to assist with the ongoing implementation of the new financial accounting software. The nature of Ms. Tapia's extension continues to be as an extra help retired annuitant. She will use her specialized skills and knowledge to assist City staff in the ongoing implementation of the new Tyler Munis ERP.

As a CalPERS extra help retired annuitant, she will perform work of limited duration (no more than 960 hours per fiscal year), including limited-term special project work (Tyler ERP implementation), and/or work in excess of what regular permanent staff can do. In this instance, this limited-term special project relates to the implementation of the new 23 of 141
Agenda Item No. 3.5
City Council Staff Report Page 2 of 2 November 25, 2025 Tyler Munis ERP, for which Ms. Tapia is knowledgeable and extremely qualified.

DISCUSSION
Retired Annuitant Lola Tapia has been assisting City staff for the past four years with several special projects such as the restoration of the City’s electronic timesheet function which was compromised as a result of the ransomware attack, payroll audits, working with the two Senior Accountants to help train them and transfer her extensive knowledge in payroll and other accounting areas to them, as well as assisting the City to implement the new Tyler Munis ERP. City Council’s approval of the attached resolution will allow Ms. Tapia to continue to provide extra help to the City, as needed, through June 30, 2026.

Additionally, this resolution authorizes future salary changes to be implemented automatically, commensurate with any changes to the salary range for the position of Senior Accountant that may be made from January 1, 2026, through June 30, 2026, by resolution of the City Council, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
Funding for this Amendment No. 5 to Contract No. 5774, for a not-to-exceed amount of $30,000, is available in the Finance Department’s FY 2025-2026 budget from accrued salary savings.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 5 to Contract No. 5774, the post-retirement employment agreement with retired annuitant Lola Tapia, to extend the agreement through June 30, 2026, for a notto-exceed amount of $30,000.

Prepared by: Jackie Acosta, Finance Director
Submitted by: Jackie Acosta, Finance Director
Attachments

1. Draft Resolution

2. Amendment No. 5 to Contract No. 5774
24 of 141
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 5 TO CONTRACT NO. 5774, THE

POST-RETIREMENT EMPLOYMENT AGREEMENT WITH RETIRED

ANNUITANT LOLA TAPIA, TO EXTEND THE AGREEMENT THROUGH
JUNE 30, 2026, FOR A NOT-TO-EXCEED AMOUNT OF $30,000
WHEREAS, Lola Tapia retired from the City of Union City in the position of Senior Accountant on July 15, 2021; and
WHEREAS, on August 10, 2021, the City Council adopted Resolution No. 5818- 21, appointing Lola Tapia as an extra help retired annuitant to perform the duties of the Extra Help Senior Accountant for the City of Union City under Government Code Section 21224, effective August 11, 2021; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and WHEREAS, the Parties agreed to Amendment No. 3 to Contract No. 5774 to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6219-23 on October 24, 2023, approving Amendment No. 3 to Contract No. 5774; and WHEREAS, the Parties agreed to Amendment No. 4 to Contract No. 5774 to extend the term of the Agreement and to authorize future salary increases in accordance with Council-approved increases to the Senior Accountant salary range; and WHEREAS, the City Council adopted Resolution No. 6396-24, on November 26, 2024, approving Amendment No. 4 to Contract No. 5774; and WHEREAS, the Parties desire to amend the Agreement again to extend the term of the Agreement further; and
WHEREAS, the City desires to extend the term of said appointment through June 30, 2026, to allow Ms. Tapia to continue to assist with special projects and the implementation of the Tyler Munis ERP; and
25 of 141
Resolution No. 2025-XXX
Amendment No. 5 – Contract 5774 (Lola Tapia)

WHEREAS, this Amendment No. 5 (Attachment No. 1) to Contract No. 5774, the Post-Retirement Employment Agreement between Lola Tapia and the City of Union City, has been reviewed by this body and is attached herein; and WHEREAS, the continued employment shall be limited to 960 hours per fiscal year for all CalPERS employers for which retired annuitant Lola Tapia may work; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and
WHEREAS, the minimum base salary for this position, or its equivalent, is $10,010 per month, and the hourly equivalent is $57.75, and the maximum base salary for this position, or its equivalent, is $12,164 per month, and the hourly equivalent is $70.18; and WHEREAS, the hourly rate paid to Lola Tapia is currently $70.18; and WHEREAS, Lola Tapia has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed from January 1, 2026, through June 30, 2026, a commensurate change to the pay for retired annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves Amendment No. 5 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, extending the term through June 30, 2026, for a not-to-exceed amount of $30,000.
26 of 141
Resolution No. 2025-XXX
Amendment No. 5 – Contract 5774 (Lola Tapia)

27 of 141
Resolution No. 2025-XXX
Amendment No. 5 – Contract 5774 (Lola Tapia)

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 25, 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
28 of 141

AMENDMENT NO. 5 TO CONTRACT NO. 5774,

THE POST-RETIREMENT EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 5 to Contract No. 5774, the Post-Retirement Employment Agreement (“Amendment”), is entered into this 25th day of November 2025, by and between the City of Union City (“City”) and Lola Tapia (“Lola Tapia” or “Annuitant”), collectively referred to as “Parties.”

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into a Post-Retirement Employment Agreement, Contract No. 5774 (Exhibit No.1), for Ms. Tapia to serve as an extra help retired annuitant; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774 (Exhibit No. 2), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774 (Exhibit No. 3), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 3 to Contract No. 5774 (Exhibit No. 4), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6219-23, on October 24, 2023, approving Amendment No. 3 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 4 to Contract No. 5774 to extend the term of the Agreement and to authorize future salary increases in accordance with Council approved increases to the Senior Accountant salary range; and WHEREAS, the City Council adopted Resolution No. 6396-24, on November 26, 2024, approving Amendment No. 4 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement; and
Docusign Envelope ID: 32F16B23-472E-4FA2-B5FA-DF4FA9C6191A 29 of 141

WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed during the period of January 1, 2026 through June 30, 2026, a commensurate change to the pay for Annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position; and
WHEREAS, the Parties desire to enter into this Amendment No. 5 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until June 30, 2026.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Seventy Dollars and Eighteen Cents ($70.18) per hour, effective November 25, 2025. Annuitant shall receive no other payment, benefit, or remuneration other than the hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

3. FUTURE COMPENSATION. If at any time between January 1, 2026 and June 30, 2026, the salary range for Senior Accountant is changed by resolution of the City Council, the pay for Annuitant Lola Tapia will be changed commensurately effective the same date as the effective date of such change in the salary range for the Senior Accountant position.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 5 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, to be executed on the dates hereinafter respectively set forth.

Annuitant:

Dated: _______________________ By: _____________________________ Lola Tapia
Retired Annuitant
City Manager:

Dated: _______________________ By: _____________________________ Joan Malloy
City Manager
Docusign Envelope ID: 32F16B23-472E-4FA2-B5FA-DF4FA9C6191A 11/20/2025
30 of 141

Attested:
_____________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
Docusign Envelope ID: 32F16B23-472E-4FA2-B5FA-DF4FA9C6191A 31 of 141
City Council Staff Report Page 1 of 2 November 25, 2025 Staff Report
Agenda Item No. 3.6
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving Amendment No. 1 to the PostRetirement Employment Agreement with Retired Annuitant Anita Castillo to Extend the Agreement through June 30, 2026, for a Notto-Exceed Amount of $35,000.

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving Amendment No. 1 to the post-retirement employment agreement with retired annuitant Anita Castillo. This employment agreement allowed the City to hire retired annuitant Anita Castillo on a limited, temporary basis to perform services requiring specialized skills while the City completes the transfer of information to current staff and implements the new Tyler Munis ERP. This resolution approves an extension through June 30, 2026, for a not-to-exceed amount of $35,000. The resolution also authorizes the hourly rate for Ms. Castillo to be changed commensurately with any future salary changes to the position of Accounting Manager that may be approved by resolution of the City Council.

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

BACKGROUND
On February 4, 2024, Anita Castillo, Budget Manager, retired from the City of Union City's workforce, thus becoming a CalPERS retired annuitant. Ms. Castillo possesses specialized skills needed to perform particular work that the City must carry out as information is transferred to current and future employees. Ms. Castillo also possesses knowledge that needs to be documented and moved to other staff involved in budget preparation and other specific, detailed accounting functions, as well as to assist with the implementation of the Tyler Munis ERP.

The nature of Ms. Castillo's extension remains as extra help to a retired annuitant. She will continue to assist current staff as needed in learning the complex, detailed tasks associated with budget preparation and particular general ledger accounting work.

Additionally, she will use her specialized skills to assist City staff in the implementation of the new Tyler Munis ERP. As a CalPERS extra help retired annuitant, she will perform 32 of 141
Agenda Item No. 3.6
City Council Staff Report Page 2 of 2 November 25, 2025 work of limited duration (no more than 960 hours per fiscal year), including the elimination of backlogs, limited-term special project work, and/or work beyond what regular permanent staff can do. In this instance, this limited-term special project relates to eliminating backlog, transferring and documenting knowledge pertaining to the City’s budget functions, and implementing the new Tyler Munis ERP, for which Ms. Castillo is knowledgeable and extremely qualified.

DISCUSSION
Retired Annuitant Anita Castillo has been assisting City staff for the past two years with several special projects, including bank reconciliations, the implementation of Tyler Munis ERP, and other tasks. City Council’s approval of the attached resolution will allow Ms.

Castillo to continue to provide extra help to the City, as needed, through June 30, 2026.

Additionally, this resolution authorizes past (retroactive to August 18, 2025) or future salary changes to be implemented automatically, commensurate with any changes to the salary range for the position of Accounting Manager that have been or may be made from August 18, 2025 through June 30, 2026 by resolution of the City Council, so long as the pay remains within the publicly available salary schedule for the Accounting Manager position. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
Funding for this Amendment No. 1 to the post-retirement employment agreement, for the not-to-exceed amount of $35,000, is available in the Finance Department’s FY 2025-2026 budget from accrued salary savings.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Amendment No. 1 to the post-retirement employment agreement with retired annuitant Anita Castillo to extend the agreement through June 30, 2026, for a not-to-exceed amount of $35,000.

Prepared by: Jackie Acosta, Finance Director
Submitted by: Jackie Acosta, Finance Director
Attachments

1. Draft Resolution

2. Amendment No. 1 to the Post-Retirement Employment Agreement with Retired Annuitant Anita Castillo
33 of 141
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 1 TO THE POST-RETIREMENT

EMPLOYMENT AGREEMENT WITH RETIRED ANNUITANT ANITA
CASTILLO TO EXTEND THE AGREEMENT THROUGH JUNE 30, 2026, FOR A NOT-TO-EXCEED AMOUNT OF $35,000
WHEREAS, Anita Castillo retired from the City of Union City in the position of Budget Manager on February 4, 2024; and
WHEREAS, on February 13, 2024, the City Council adopted Resolution No. 6257- 24, approving an exception to the 180-day waiting period for post-retirement employment and appointing Anita Castillo as an extra help retired annuitant to perform the duties of the Extra Help Budget Manager for the City of Union City under Government Code Section 21224, effective February 14, 2024; and
WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement; and
WHEREAS, the City desires to extend the term of said appointment through June 30, 2026, to allow Ms. Castillo to continue to assist with special projects and the implementation of the Tyler Munis ERP; and
WHEREAS, this Amendment No. 1 (Attachment No. 1) to the Post-Retirement Employment Agreement between Anita Castillo and the City of Union City has been reviewed by this body and is attached herein; and
WHEREAS, the continued employment shall be limited to 960 hours per fiscal year for all CalPERS employers for which retired annuitant Anita Castillo may work; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and
WHEREAS, the minimum base salary for this position, or its equivalent, is $12,846 per month, and the hourly equivalent is $74.11, and the maximum base salary for this position, or its equivalent, is $15,388 per month, and the hourly equivalent is $88.78; and WHEREAS, the hourly rate paid to Anita Castillo will be $88.78, effective August 18, 2025; and
WHEREAS, Anita Castillo has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
34 of 141
Resolution No. 2025-XXX
1 st Amendment Post-Retirement Employment Agreement - Anita Castillo

WHEREAS, the Parties agree that should the salary range for the position of Budget Manager be changed from January 1, 2026, through June 30, 2026, a commensurate change to the pay for retired annuitant Anita Castillo will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Accounting Manager position.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves Amendment No. 1 to the Post-Retirement Employment Agreement with Anita Castillo, extending the term through June 30, 2026, for a not-toexceed amount of $35,000.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 25, 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
35 of 141

AMENDMENT NO. 1 TO THE POST-RETIREMENT

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND ANITA CASTILLO
This Amendment No. 1 to the Post-Retirement Employment Agreement (this “Amendment”) is entered into this 25th day of November 2025, by and between the City of Union City (“City”) and Anita Castillo (“Anita Castillo” or “Annuitant”), collectively referred to as “Parties.”

RECITALS
WHEREAS, on February 4, 2024, Annuitant retired from the City; and WHEREAS, Annuitant had previously served as a Budget Manager; and WHEREAS, Annuitant, by virtue of having previously served as a Budget Manager employed by the City for 23 years has specialized knowledge and expertise to facilitate the transfer and documentation of knowledge related to the City’s financial systems and to help eliminate backlogs by assisting staff as needed to learn the complicated and detailed tasks associated with budget preparation, certain general ledger accounting work, and the implementation of the Tyler Munis ERP, and/or work in excess of what regular staff can perform; and
WHEREAS, the City desires to continue to employ the Annuitant as an extra help annuitant pursuant to Government Code Section 21224; and WHEREAS, the California Public Employees Retirement System (“CalPERS”) regulations allow a benefit recipient to work up to 960 hours per fiscal year pursuant to Government Code Section 21224; and
WHEREAS, it is necessary for the City to retain the services of Annuitant as an extra help retired annuitant to work on the transfer and documentation of knowledge related to the City’s financial systems and to help eliminate backlogs by assisting staff as needed to learn the complicated and detailed tasks associated with budget preparation, certain general ledger accounting work, and the implementation of the Tyler Munis ERP, and/or work in excess of what regular staff can perform; and WHEREAS, Annuitant desires to continue with the part-time and temporary employment under the terms and conditions set forth below; and WHEREAS, the City desires by this Agreement to set forth the terms and conditions of Annuitant’s duties and services as an extra help retired annuitant for a limited term as set forth in this Agreement.
36 of 141

AGREEMENT
The Parties hereby agree as follows:

1. SCOPE OF SERVICE. Annuitant shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. Annuitant shall comply with the City’s rules and regulations and she shall obey the laws of the State of California and the United States of America as they apply to the performance of her duties.

2. TERM. The term of this Agreement shall begin on January 1, 2026 and end no later than June 30, 2026. Further, as agreed upon by the Parties, Annuitant shall not work more than 40 hours per week, nor shall the City be financially responsible for paying Annuitant for work performed in excess of 40 hours per week.

3. EFFECTIVE DATE. This Agreement shall become effective after:
i. This Agreement is approved and executed by Annuitant; and ii. This Agreement is approved and executed by the City Manager.

4. RETIRED ANNUITANT STATUS. It is intended that at all times Annuitant’s postretirement employment shall be in compliance with all laws governing employment of CalPERS retired annuitants, including without limitation Government Code Sections 7522.56 & 21224. Annuitant understands that she is solely responsible for monitoring her hours worked and ensuring that she does not work more than 960 hours in a fiscal year (including work performed prior to execution of this agreement and work performed for other employers participating in CalPERS).

5. SERVICES TO BE PERFORMED BY ANNUITANT. Annuitant shall perform the duties of Extra Help Budget Manager or as directed by the City Manager and in accordance with all applicable requirements of federal, state and local laws.

6. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Eighty-Eight Dollars and Seventy-Eight Cents ($88.78) per hour effective retroactively back to August 18, 2025. Annuitant shall receive no other payment, benefit, or remuneration other than her hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

7. INDEMNIFICATION. City agrees, in the event Annuitant is named as a defendant in a civil action arising from or as a result of her performance of duties as Extra Help Budget Manager, to provide Annuitant such indemnification benefits as are required to be provided to an employee of the City under the laws of the State of 37 of 141

California, including, but not limited to, the provisions of Government Code Sections 825 et seq. and 995 et seq. This provision shall not apply with respect to any intentional tort or crime committed by Annuitant, or any actions outside the performance of her job duties pursuant to this Agreement.

8. RESERVED.

9. RESERVED.

10. UNEMPLOYMENT INSURANCE. Annuitant certifies that she has not received any unemployment insurance payments in the past 12 months.

11. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding unless in writing and signed by both Parties.

12. GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California and leave for any action concerning the terms of this Agreement shall be in the Superior Court of the County of Alameda.

13. SEVERABILITY. Should any part, term or provision of this Agreement be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and shall in no way be invalidated, impaired or affected thereby.

14. ASSIGNMENT. The Parties agree that the expertise and experience of Annuitant are material considerations for this Agreement. Annuitant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Annuitant’s obligations hereunder.

15. TERMINATION. Annuitant understands that she is an at-will employee and that employment may be terminated by Annuitant or City at any time, for any reason, or for no reason at all. The City’s right of termination shall be in addition to other remedies available under law to the City.

16. WAIVER. Waiver by City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by City of the performance of any work or services by Annuitant shall not be deemed a waiver of any term or condition of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Post-Retirement Employment Agreement with Anita Castillo to be executed on the dates hereinafter respectively set forth.

Annuitant:

Dated: ____________________ By: _____________________________ Anita Castillo
Retired Annuitant
City of Union City:

Dated: ____________________ By: _____________________________ Joan Malloy
City Manager
Attested:
___________________________
Thai Nam N. Pham
City Clerk

Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
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City Council Staff Report Page 1 of 3 November 25, 2025 Staff Report
Agenda Item No. 3.7
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a One and One-Half Year Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the Amount of $150,000, for Streetlight Maintenance, On-Call Support and Emergency Repair Services for the second half of Fiscal Year 2025-2026 (January 1, 2026 through June 30, 2026) and Fiscal Year 2026-2027, and Authorizing the City Manager, at her Sole Discretion, to Exercise the Option to Extend the Agreement for a Third Year, for an Additional Amount Not-To-Exceed $100,000, for Fiscal Year 2027-2028, and for a Fourth Year, for an Additional Amount Not-To-Exceed $100,000, for Fiscal Year 2028-2029

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a one and one-half year Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the Amount of $150,000, for Streetlight Maintenance, On-Call Support and Emergency Repair Services for the second half of Fiscal Year 2025-2026 (January 1, 2026 through June 30, 2026) and Fiscal Year 2026- 2027, and authorizing the City Manager, at her sole discretion, to exercise the option to extend the agreement for a third year, for an additional amount not-to-exceed $100,000, for Fiscal Year 2027-2028, and for a fourth year, for an additional amount not-to-exceed $100,000, for Fiscal Year 2028-2029.

STRATEGIC PLAN ALIGNMENT
The action is not identified as a strategy in the Strategic Plan.

BACKGROUND
Union City owns and maintains approximately 4,300 streetlights. These streetlights consist mainly of cobra head streetlights, several decorative streetlights in the Station District, and Victorian-style (acorn-top) pedestrian lights along Mission Boulevard. The equipment and systems include street lighting, parking lot lighting, park lighting, city facility exterior lighting, and other related facilities that require specialized expertise for maintenance and upgrades beyond the capabilities of in-house staff. 40 of 141
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City Council Staff Report Page 2 of 3 November 25, 2025

DISCUSSION
The Request for Proposals for Streetlight Maintenance, On-Call Support and Emergency Repair Services was advertised on the City’s website on August 8, 2025, with the active builder exchanges listed in the California Uniform Construction Cost Accounting Commission’s Cost Accounting Policies and Procedures Manual 2019 Edition, and with the Bay Area News Group for three consecutive weeks, beginning with the August 15, 2025, edition. Four proposals were received and were opened on September 9, 2025, at 2:00 p.m. PST in City Hall.

The four proposals received included Advanced Lighting Services, Bear Electrical Solutions, St. Francis Electric, and Cal-West Lighting & Signal Maintenance, Inc. The proposals were reviewed by a panel consisting of Public Works staff. Cal-West Lighting & Signal Maintenance, Inc. was the lowest responsive, responsible bidder by unit price.

Cal-West Lighting & Signal Maintenance, Inc., was previously awarded a 22-month contract on August 8, 2023, which was subsequently extended by a first amendment to the agreement, which continued service through December 31, 2025.

Cal-West Lighting & Signal Maintenance, Inc. has a strong track record in successfully providing streetlight maintenance services for Union City and other Bay Area cities. CalWest has extensive experience with streetlight systems and is very familiar with the City’s infrastructure, geographic complexities, and intricacies of each streetlight. City staff collaborate and coordinate extensively with Cal-West staff, who are readily available and highly responsive.

Cal-West will continue to perform the City’s routine streetlight maintenance activities, assist and support the City’s citywide LED Conversion Projects, and respond to emergency callouts for streetlight outages and streetlight pole knockdowns.

Staff has been satisfied with Cal-West Lighting & Signal Maintenance, Inc.’s past performance and recommends awarding them the streetlight maintenance contract for the second half of Fiscal Year 2025-2026 (January 1, 2026 through June 30, 2026) and Fiscal Year 2026-2027, with an option to extend the contract for up to two additional one year terms, Fiscal Year 2027-2028 and Fiscal Year 2028-2029.

Street Light Maintenance service costs are as follows:

Routine On-Call Street Light Maintenance $70,000/year
Maintenance Extras (Emergency Calls/Knockdowns) $25,000/year Maintenance Extras (Special Projects) $5,000/year
Annual Total $100,000/year
Staff recommends awarding the contract to Cal-West Lighting & Signal Maintenance, Inc., of San Jose, California, in the amount of $150,000. As the current contract with Cal-West Lighting & Signal Maintenance, Inc. was extended through the end of December 2025, the term of the new agreement will be 1.5 years instead of the full 2 years. The contract amount for the remainder of Fiscal Year 2025-2026 (January 1, 2026, through June 30, 2026) will be $50,000, and the contract amount for Fiscal Year 2026-2027 will be 41 of 141
Agenda Item No. 3.7
City Council Staff Report Page 3 of 3 November 25, 2025 $100,000. The one-and-a-half-year agreement will be in effect from January 1, 2026, through June 30, 2027.

FISCAL IMPACT
The Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the amount of $150,000, for one and one-half years, will be funded in the first half year with $35,700 available in the Measure F Fund (Account Number 260-33003-54111) and $14,300 available in the General Fund (Account Number 110-33011-54111), as included in the approved Biennial Budget for Fiscal Year 2025-2026. The second year of the contract will be funded with $100,000 from the Measure F Fund (Account Number 260- 33003-54111), as included in the approved Biennial Budget for Fiscal Year 2026-2027.

The Request for Proposal included an option to extend services for two additional oneyear terms, which will be part of the next Biennial Budget, to be completed in Spring 2027.

Should the performance of Cal-West Lighting & Signal Maintenance, Inc. be satisfactory, the City Manager may, at her sole discretion, exercise the options to extend the agreement for up to two additional one-year terms.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a one and one-half year Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., in the Amount of $150,000, for Streetlight Maintenance, On-Call Support and Emergency Repair Services, for the second half of Fiscal Year 2025-2026 (January 1, 2026 through June 30, 2026) and Fiscal Year 2026- 2027; and authorizing the City Manager, at her sole discretion, to exercise the option to extend the agreement for a third year, for an additional amount not-to-exceed $100,000, for Fiscal Year 2027-2028, and for a fourth year, for an additional amount not-to-exceed $100,000, for Fiscal Year 2028-2029.

Prepared by: Paul Roman, Streets Supervisor
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Attachment 1 – Notice Inviting Bids

2. Attachment 2 – Agreement

3. Draft Resolution

4. Exhibit A – RFP Evaluation Results
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CITY OF UNION CITY

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR PROPOSAL (RFP) FOR STREET LIGHT MAINTENANCE,

ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES

NOTICE TO CONTRACTORS
Sealed proposals for the work shown on the RFP entitled: UNION CITY – RFP FOR

STREET LIGHT MAINTENANCE, ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES, will be received at the office of the City Clerk of the City of Union City, City Government Building, 34009 Alvarado-Niles Road, Union City, California, until Tuesday, September 9th, 2025, at 2:00PM PST
The Contractor shall possess a Class A or Class C-10 (Electrical) California contractor’s license at the time this contract is awarded.

All the project work is to be done in accordance with the RFP on file with the Public Works Department - City of Union City, 34009 Alvarado-Niles Road, Union City, California 94587. A copy of the RFP may be obtained at no charge via email request to the City at [email protected]. The RFP is also posted on the City’s website at www.unioncity.org.

All questions should be emailed to Paul Roman at [email protected] with a courtesy copy to [email protected].

CITY OF UNION CITY
DATED: August 8, 2025
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND
CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC.

FOR STREETLIGHT MAINTENANCE, ON-CALL SUPPORT

AND EMERGENCY REPAIR SERVICES
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Cal-West Lighting & Signal Maintenance, Inc., a corporation, with offices located at 530 North Marburg Way, San Jose, CA 95133, (“Consultant”), (together referred to as the “Parties”) as of January 1, 2026 (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Fifty Thousand Dollars ($150,000), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under 44 of 141
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this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. 46 of 141
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City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.

B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
is acceptable for individual
contractors with no
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
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transportation or hauling
related activities
endorsement shall be attached
limiting the coverage.

C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement.

D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 48 of 141
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d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees. 50 of 141
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at 51 of 141
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their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 52 of 141
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.
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10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-consumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.

Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 54 of 141
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10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Paul Roman, Streets Supervisor ("Contract Administrator").

All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

Paul Roman
Streets Supervisor
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]

10.10 Notices. Any written notice to Consultant shall be sent to:

Craig Geis
President
Cal-West Lighting & Signal Maintenance, Inc.
530 North Marburg Way
San Jose, CA 95133
[email protected]
All other written notices to City shall be sent to:

Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.

Union City, CA 94587 Union City, CA 94587

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Compensation Schedule
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Exhibit C Public Works Requirements

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY CAL-WEST LIGHTING & SIGNAL
MAINTENANCE, INC.
______________________________ ______________________________

JOAN MALLOY, CITY MANAGER CRAIG GEIS, PRESIDENT
ATTEST:
______________________________
THAI NAM N. PHAM, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
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EXHIBIT A

SCOPE OF SERVICES
The purpose of this contract is to maintain the City’s streetlights, safety lighting, public lighting, and similar facilities to operate in the manner that they were originally intended, or as later modified, to provide safety lighting and devices on the City’s streets and public facilities. In general, the work to be performed consists of providing routine maintenance of streetlights, safety lighting systems and other maintenance as needed, as well as emergency maintenance and other work as directed within the City.

5.1 MAINTENANCE
ROUTINE MONTHLY MAINTENANCE includes:
• Replacement of lamps, photocells, starters (ignitors), fuses, ballasts, timeclocks, etc. • Installation of reflective numbers if numbers are missing • Minor electrical wire troubleshooting, wire splicing, repairs within junction-boxes • Replace integral parts that have become inoperative from normal deterioration Routine street-lighting maintenance is under the assumption street-light outages or malfunctions by normal equipment failure is due to normal deterioration.

Items not listed in “Routine Monthly Maintenance” are “Monthly Maintenance Extras”.

MONTHLY MAINTENANCE EXTRAS include:
• Emergency service calls for repairs/replacements such as but not limited to street-light pole knockdowns
• Work performed or materials used outside of routine maintenance or malfunctions caused by vandalism, lighting strike, earthquake, or other Acts of God. • The correction, repair, or replacement of materials or equipment installed or modified by another party.
• As-needed special work such as sports field lighting work. • Concrete and foundation repairs.

Items not listed in “Routine Monthly Maintenance” or “Monthly Maintenance Extras” shall be billed as “Special Projects”.

SPECIAL PROJECTS may include but are not limited to:
• Streetlighting upgrades as designated by City engineers. • Replacement of road safety equipment (within the ability of the Contractor). • Investigative work under the direction of the City for supporting city projects. • Installation of streetlights for new streets.
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The Contractor shall ensure that all equipment and systems are maintained and in an operable and safe condition. Furthermore, the Contractor shall provide and maintain emergency contact to respond to all emergency calls in a timely manner on a 24-hour, 365-day basis, including all holidays. The Contractor shall provide replacement or service of all lighting components with like or better components, provide maintenance and submittal of monthly reports of all work performed, proper disposal of all materials, and respond to all reported failed lighting on all City streets and facilities covered under this service. The Contractor shall maintain a City inventory of all streetlights, poles and other equipment serviced and produce records upon request. The Contractor shall also support the City as needed for systems, equipment, or proposed lighting upgrades.

The selected Contractor shall furnish all tools, equipment, workshop facilities, transportation, labor, parts, and materials and perform all work necessary to maintain in good quality and operation all streetlights and public lighting within the City. All work performed or equipment and parts supplied by the Contractor shall be subject to inspection and approval of the Public Works Director/City Engineer or his/her designee. Failure to pass inspection on any maintenance, repair, or service item shall result in non-payment for that item until such time that the Contractor can present the item to the City in an acceptable form.

5.2 RESPONSE TIMES
EMERGENCY RESPONSE (one (1) hour maximum response time) This item is considered to be an immediate safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in one (1) hour or less from the time of notification. Examples of a situation that would require an emergency response include but are not limited to a hazardous streetlight knockdown, block of streetlights, or other repairs designated for emergency response by the City. The Contractor shall provide a twenty-four (24) hour per day emergency contact phone number which shall be made available to the Public Works Department and the City of Union City Police Department. Responsive maintenance and emergency repairs to damaged or malfunctioning streetlights and exterior public facilities lights shall be performed by the Contractor at the direction of the Public Works Director or designee. Work in this category is considered to be a safety concern.

STANDARD RESPONSE
This item is considered important but not an immediate safety concern. Maintenance and repair requests made on a regular basis shall be responded to within three (3) calendar days of notification. In no event will regular response work be considered overtime without prior approval of the Public Works Director or his/her designee. An example of work that would require a regular response includes but is not limited to streetlight outages. The Contractor’s commitment to outage troubleshooting response and repair will be taken into consideration.

SCHEDULED/AS-REQUIRED MAINTENANCE
Maintenance and repair requests made by the City that are not critical, or the work involved is of such a nature as to require advance scheduling, shall be completed on an “As-Required” basis at a schedule that is mutually agreed upon. Work authorization of this type shall include but not be 58 of 141
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limited to major equipment repair/replacement, permanent replacement of knockdowns, major rewiring, and general maintenance of streetlights, and safety lighting systems. 59 of 141
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EXHIBIT B

COMPENSATION SCHEDULE
The proposal prices are to include and cover the furnishing of all labor, materials, equipment, fees, taxes, incidentals, emergency call availability, status reporting, and overhead necessary to perform the work described in the Request for Proposals. The proposer affirms that in the event they are selected as the successful proposer the Contractor assures that all work will be performed in the specified manner and under the terms and conditions specified at the prices listed below:

Troubleshoot and Repair Street Lighting Outages: $100.00 each light. Contractor commits to service within 48 hours or less for each reported outage (i.e. 24 hours, 48 hours, etc.) Mark-Up on Materials for Work: Contractor will charge City the actual invoice of materials used for the additional work plus a fee of 10 percent (%).

Day-Time Minimum Charge: Labor and Equipment charges for daytime calls for work, such as Monthly Maintenance Extras, shall be billed in 15 min (i.e. 15 min, 30 min, 1 hour, etc.) increments.

Emergency Calls (evening hours): Labor and Equipment charges for Evening calls in evening hours shall be billed for 2 hours (i.e. 1 hour, 2 hours, etc.) minimum. Evening calls, after the minimum, shall be billed in 15 min (i.e. 15 min, 30 min, 1 hour, etc.) increments. Contractor commits to emergency response service within 48 hours, etc.) hours or less of a reported incident (i.e. 24 hours, 48 hours, etc.)
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EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each 61 of 141
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calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. 62 of 141
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E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 63 of 141
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE AND ONEHALF YEAR CONSULTING SERVICES AGREEMENT WITH CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC., IN THE AMOUNT OF
$150,000, FOR STREET LIGHT MAINTENANCE, ON-CALL SUPPORT,

AND EMERGENCY REPAIR SERVICES FOR THE SECOND HALF OF
FISCAL YEAR 2025-2026 (JANUARY 1, 2026 THROUGH JUNE 30, 2026) AND FISCAL YEAR 2026-2027, AND AUTHORIZING THE CITY

MANAGER, AT HER SOLE DISCRETION, TO EXERCISE THE OPTION

TO EXTEND THE AGREEMENT FOR A THIRD YEAR, FOR AN
ADDITIONAL AMOUNT NOT-TO-EXCEED $100,000, FOR FISCAL
YEAR 2027-2028, AND FOR A FOURTH YEAR, FOR AN ADDITIONAL AMOUNT NOT-TO-EXCEED $100,000, FOR FISCAL YEAR 2028-2029 WHEREAS, the City of Union City owns and maintains approximately 4,300 streetlights within the City; and
WHEREAS, on August 8, 2025, the City of Union City released a Request for Proposals (RFP) for Street Light Maintenance, On-Call Support, and Emergency Repair Services; and
WHEREAS, on September 9, 2025, the City of Union City received and evaluated four proposals from Advanced Lighting Services, Bear Electrical Solutions, St. Francis Electric, and Cal-West Lighting & Signal Maintenance, Inc. (see Exhibit A).

Subsequent interviews were held with a selection panel consisting of Public Works staff, and the panel selected Cal-West Lighting & Signal Maintenance, Inc., due to their locally based responsive customer service, their qualifications and technical expertise, their competitive service fees, and their historical knowledge of the City’s lighting infrastructure; and
WHEREAS, Cal-West Lighitng & Signal Maintenance, Inc., will assist and support the City’s Citywide LED Conversion Projects, perform preventative and routine maintenance, and respond to emergency services for repairs/replacement on the City’s streetlights, safety lighting, public lighting, and similar facilities to operate in the manner that they were initially intended, or as later modified, to provide safety lighting and devices on the City’s streets and public facilities; and WHEREAS, the Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., for Street Light Maintenance, On-Call Support, and Emergency Repair Services, in the amount of $150,000, for a one-and-a-half-year term, will be funded in the first half year with $35,700 available in the Measure F Fund (Account Number 260-33003-54111) and $14,300 available in the General Fund (Account Number 110-33011-54111), as included in the approved Biennial Budget for Fiscal Year 2025-2026; and
WHEREAS, the second year of the contract will be funded with $100,000 available in the Measure F Fund (Account Number 260-33003-54111) as included in the approved Biennial Budget for Fiscal Year 2026-2027; and WHEREAS, the Request for Proposals was advertised with an option to extend 64 of 141
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services for two additional one-year terms, which will be included as part of the next Biennial Budget that will be completed in Spring 2027; and WHEREAS, should the performance of Cal-West Lighting & Signal Maintenance, Inc., be satisfactory, the City Manager may, at her sole discretion, exercise the option to extend the agreement for up to two additional one-year terms, each for an annual amount not-to-exceed $100,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute a Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc., of San Jose, California, in the amount of $150,000, for Street Light Maintenance, On-Call Support, and Emergency Repair Services.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 25, 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 – RFP Evaluation Results
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Contractor Qualifications (30) Work Plan (30) Fee (20) Team (10) Quality (10) Total / 100 Rank (Eddie) Cal-West Lighting & Signal Maintenance 30 29 19 10 9 97 1 Bear Electrical Solutions, LLC 27 28 18 9 10 92 2
St. Francis Electric, LLC 28 29 17 9 9 92 3
Advanced Lighting Services, Inc. 25 26 15 7 8 81 4
Contractor Qualifications (30) Work Plan (30) Fee (20) Team (10) Quality (10) Total / 100 Rank (Tommy) Cal-West Lighting & Signal Maintenance 25 24 20 8 8 85 1 Bear Electrical Solutions, LLC 24 25 18 7 8 82 2
St. Francis Electric, LLC 24 24 19 7 7 81 3
Advanced Lighting Services, Inc. 23 23 17 7 7 77 4
Contractor Qualifications (30) Work Plan (30) Fee (20) Team (10) Quality (10) Total / 100 Rank (Diana) Cal-West Lighting & Signal Maintenance 25 25 20 10 10 90 1 Bear Electrical Solutions, LLC 25 30 13 7 10 85 2
St. Francis Electric, LLC 30 30 15 5 5 85 3
Advanced Lighting Services, Inc. 30 30 10 8 7 85 4
Contractor Qualifications (30) Work Plan (30) Fee (20) Team (10) Quality (10) Total / 100 Rank (Paul) Cal-West Lighting & Signal Maintenance 29 29 19 9 9 95 1 St. Francis Electric, LLC 28 28 17 7 8 88 2
Bear Electrical Solutions, LLC 27 28 16 8 7 86 3
Advanced Lighting Services, Inc. 25 28 9 5 7 74 4
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City Council Staff Report Page 1 of 3 November 25, 2025 Staff Report
Agenda Item No. 4.1
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Conduct A Public Hearing And Waive Further Reading And Adopt An Ordinance 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

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.

On October 28, 2025, the City Council introduced an Ordinance repealing and replacing various chapters of Title 15 of the Municipal Code to incorporate the 2025 California Building Codes, with local amendments. Because the California Building Standards Code will be adopted by reference, a public hearing must be held after the Ordinance is introduced. That hearing is set to be heard concurrently with this adoption of the Ordinance.

Staff and the City Attorney’s Office recommend that the City Council conduct a public hearing, waive further reading, and adopt the proposed Ordinance repealing and replacing various chapters of Title 15 of the Municipal Code to incorporate the 2025 California Building Codes. The City Council previously adopted a resolution finding that local climatic, geologic, and topographic conditions justify local amendments.

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.
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Agenda Item No. 4.1
City Council Staff Report Page 2 of 3 November 25, 2025

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 the requirements of the codes, provided that amendments are made by resolution with express findings of need based on local climatic, geological, or topographical conditions.

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 continuations of previously adopted amendments from prior code adoption cycles and are thus excluded from the moratorium imposed by AB 130.

DISCUSSION
State Building Codes
A complete copy of the proposed Ordinance is included as Attachment A. 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 • 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 68 of 141
Agenda Item No. 4.1
City Council Staff Report Page 3 of 3 November 25, 2025 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 required due to local climatic, geological, and topographical conditions.

Public Notice and Outreach
Because the California Building Standards Code will be adopted by reference, a public hearing must be held after the Ordinance is introduced. That hearing is scheduled to be held concurrently with this item. In accordance with Government Code Sections 50022.3 and 6066, notice of the public hearing has been published twice in a newspaper of general circulation.

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 the 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 of Title 15, Building and Construction, of the Union City Municipal Code to incorporate the 2025 California Building Codes with local amendments.

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

1. Draft Ordinance
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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 70 of 141
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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 an 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. 75 of 141
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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.

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.

15.80.020 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. 82 of 141
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E. "Code Enforcement Division" shall mean the Building Inspection Division.

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

15.80.040 Violation an Infraction.

Section 1.8.9 is amended by the addition of Section 1.8.9.3 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.

15.80.050 Violation a Nuisance.

Section 1.8.9 is amended by the addition of Section 1.8.9.4 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.

15.80.060 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, or phrases be declared unconstitutional. 83 of 141
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15.80.070 Fees.

Section 1.8.4.2 is amended to read as follows:

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

15.80.080 Board of Appeals.

Section 1.8.8 is amended 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.

15.80.090 Structure Moving Permits.

Section 1.8.10.2 is amended by the addition of Section 1.8.10.2.1 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.

15.80.160 Automatic Fire Sprinkler Systems.

Section R313 is amended to read as follows:

Where Required. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in the Union City Fire Code, Chapter 15.20.

15.80.200 Prohibit the use of gypsum board and Portland cement plaster as prescriptive wall bracing materials.

Section R602.10.4, Table R602.10.3(3), and Section R602.10.4.4 are amended, and Footnote g is added to read as follows:
g. In Seismic Design Categories C, D0, D1, and D2, Method GB and method PCP is not permitted.
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Add the “g” footnote notation in the title of Table R602.10.3(3).

Add a new subsection R602.10.4.4, to read as follows:

In Seismic Design Categories C, D0, D1, and D2, Method GB and PCP are not permitted for use as intermittent braced wall panels.

15.80.205 All concrete footings and stem walls shall have steel reinforcement.

Section R403.1.3.5 is amended by the addition of section R403.1.3.5.5 to read as follows:

Concrete footings, including post-tension design, shall have minimum reinforcement of at least two continuous horizontal reinforcing bars, one top and one bottom, not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. Plain concrete footings are not allowed. 86 of 141
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ATTACHMENT 3
Chapter 15.81

EXISTING BUILDING CODE

15.81.010 Adoption by Reference.

A. The 2025 California Existing Building Code and State of California Amendments, published by the California Building Standards Commission, and all revisions and amendments heretofore and here after adopted by the California Building Standards Commission, are hereby adopted by reference as the Existing 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.

15.81.020 Title.

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

15.81.030 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. 88 of 141
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E. "Code Enforcement Division" shall mean the Building Inspection Division.

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

15.81.040 Violation an Infraction.

CEBC Section 104 is amended by the addition of Section 104.12 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.

15.81.050 Violation a Nuisance.

CEBC Section 101 is amended by the addition of Section 101.13 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.

15.81.060 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, or phrases be declared unconstitutional. 90 of 141
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15.81.070 Fees.

CEBC Section 108 is amended by the addition of section 108.2.1 to read as follows:

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

15.81.080 Board of Appeals.

CEBC Section 112 is deleted and amended 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.
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ATTACHMENT 4
Chapter 15.84

GREEN BUILDING STANDARDS CODE

15.84.010 Adoption by Reference.

A. The 2025 California Green Building Standards Code and State of California Amendments, published by the California Building Standards Commission, and all revisions and amendments heretofore and here after adopted by the California Building Standards Commission, are hereby adopted by reference as the Green Building Standards 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.

15.84.020 Title.

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

15.84.030 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. 93 of 141
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E. "Code Enforcement Division" shall mean the Building Inspection Division.

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

15.84.040 Violation an Infraction.

CGBCA Section 101 is amended by the addition of Section 101.12 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.

15.84.050 Violation a Nuisance.

CGBCA Section 101 is amended by the addition of Section 101.13 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.

15.84.060 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. 95 of 141
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15.84.070 Fees.

CGBCA Section 101 is amended by the addition of section 101.14 to read as follows: Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.84.080 Board of Appeals.

CGBCA Section 101 is amended by the addition of Section 101.15 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.
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ATTACHMENT 5
Chapter 15.48

PLUMBING CODE

15.48.010 Adoption by Reference.

A. The California Plumbing Code 2025 Edition, (Based on 2024 Uniform Plumbing Code), and Appendices A, B, and G, thereto, published by the International Association of Plumbing and Mechanical Officials, and all revisions and amendments heretofore and hereafter adopted by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference as the Plumbing Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of plumbing systems 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.

15.48.020 Title.

This Chapter may be cited and shall be known as the “Plumbing Code of the City of Union City.”

15.48.030 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.

15.48.040 Violation an Infraction.

Section 1.8.9 is amended by the addition of Section 1.8.9.3 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 infraction $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.

15.48.050 Violation a Nuisance.

Section 1.8.9 is amended by the addition of Section 1.8.9.4 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 herein above 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.

15.48.060. 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 100 of 141
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more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

15.48.070 Fees.

Section 1.8.4.2 is amended to read as follows:

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

15.48.80 Water Piping In or Under Concrete Slab Floors.

Section 609.3 is amended to read as follows:

Water piping SHALL NOT be installed in or under a concrete floor slab within a building without prior approval of the Administrative Authority. When approved, such piping shall be installed in accordance with Sections 609.3(1) and 609.3(2).

15.48.100 Board of Appeals.

Section 1.8.8 is amended 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.

15.48.110 Underground Water Pipe Protection.

Section 609.3 is amended by the addition of section 609.3.1 to read as follows:

All metallic water piping installed underground shall be protected by a plastic sleeve. 101 of 141
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ATTACHMENT 6
Chapter 15.52

MECHANICAL CODE

15.52.010 Adoption by Reference.

A. The California Mechanical Code 2025 Edition, with State of California amendments, (Based on 2024 Uniform Mechanical Code), published by the International Association of Plumbing and Mechanical Officials, and all revisions and amendments heretofore and hereafter adopted by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference as the Mechanical Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of mechanical systems within the City of Union City.

B. One copy of said Code and appendices there to 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.

15.52.020 Title.

This Chapter may be cited and shall be known as the “Mechanical Code of the City of Union City.”

15.52.030 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. 103 of 141
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E. “Code Enforcement Division” shall mean the Building Inspection Division.

F. “Mayor” shall mean the Mayor of the City of Union City.

15.52.040 Violation an Infraction.

Section 1.8.9 is amended by the addition of Section 1.8.9.3 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 infraction $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.

15.52.050 Violation a Nuisance.

Section 1.8.9 is amended by the addition of Section 1.8.9.4 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. 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 herein above 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.

15.52.060 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 anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. 105 of 141
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15.52.070 Fees.

Section 1.8.4.2 is amended to read as follows:

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

15.52.080 Board of Appeals.

Section 1.8.8 is amended 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.
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ATTACHMENT 7
Chapter 15.44

ELECTRICAL CODE

15.44.010 Adoption by Reference.

A. The California Electrical Code 2025 Edition, (Based on 2020 National Electrical Code), Appendices thereto, including the General Code Provisions Article 89, for the National Electrical Code, published by the National Fire Protection Association, and all revisions and amendments heretofore and hereafter adopted by the National Fire Protection Association, are hereby adopted by reference as the Electrical Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of electrical building systems 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.

15.44.020 Title.

This Chapter may be cited and shall be known as the “Electrical Code of the City of Union City.”

15.44.030 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.

15.44.040 Violation an Infraction.

CEC Section 89.108.9 is amended by the addition of Section 89.108.9.3 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.

15.44.050 Violation a Nuisance.

CEC Section 89.108.9 is amended by the addition of Section 89.108.9.4 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 herein above 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.
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15.44.060 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, or phrases be declared unconstitutional.

15.44.070 Fees.

CEC Section 89.108.4.2 is amended to read as follows:

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

15.44.080 Board of Appeals.

CEC Section 89.108.8 is amended 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.
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ATTACHMENT 8
Chapter 15.20

FIRE CODE

15.20.010 Adoption by reference.

The 2025 California Fire Code and State of California Amendments, Volume 1 (Based on the 2024 International Code) including sections, 103.2, 104, 105.5.41, 108.2 114,311.2, 503 and Appendices B, C, D, thereto published by the International Code Council (ICC) Country Club Hill, IL., and all revisions and amendments theretofore and hereafter adopted by the International Code Council, as codified in Title 24 of the California Code of Regulations, are adopted by reference and made part of this Code as if fully set forth except as hereinafter modified as the Fire Code of the City of Union City pursuant to the provisions of Government Code Section 50020. et. seq., State of California.

One copy of the Code and Appendices thereto has been filed for use and examination by the public in the office of the City Clerk, 34009 Alvarado-Niles Road, Union City, California.

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

15.20.020 Title.

Code means the California Fire Code, as defined by law and amended by the City of Union City. This code, as amended, shall be known and may be cited as the “Union City Fire Code” or “UCFC” and will be referred to in this Title as “this code”.

15.20.030 Section 103.2, Appointment.

Section 103.2 is amended to read as follows:
103.2 Appointment. The fire code official shall be appointed by the fire chief of the jurisdiction, and the fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.

15.20.040 Section 104.6, Official Records.

Section 104.7 is amended to read as follows:
104.7 Official Records. The City of Union City shall keep official records as required by Sections 104.7.1, 104.7.2, 104.7.4, 104.7.5, and 104.7.6. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

Section 104.7.3 is amended to read as follows:
104.7.3 Fire Records. The fire department shall keep a record of fires occurring within the City of Union City and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby.
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15.20.050 Fees-Amended.

Section 108.2 is amended to read as follows:
108.2 Schedule of Permit Fees. The City Council may, by resolution, establish a schedule of nondiscriminatory fees to be charged and collected for plans submitted under Section 105.6, solely to defray the City’s reasonable costs for plan review of fire protection equipment and systems, requested or required inspection service, and issuance of permits. Permits issued in accordance with Section 105.5 shall be valid for a prescribed period of time or until renewed or revoked.

15.20.060 Section 113.4, Violation Penalties.

Section 113.4 is amended to read as follows:
113.4 Violations Penalties.
a. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive or the fire code official or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor. Notwithstanding the preceding sentence, a violation of this code may, in the discretion of the fire code official, be charged and prosecuted as an infraction.
b. Any person convicted of a misdemeanor under this code shall be punished by a fine of not more than one thousand dollars, or by imprisonment, not to exceed six months, or by both such fine and imprisonment.
c. Any person convicted of an infraction under this code shall be subject to payment of a fine pursuant to the terms set forth in State of California Government Code Section 36900, as that section or its successor reads at the time of the offense. After a third conviction for violation of the same section of this code, subsequent violations of the same section may be charged as a misdemeanor rather than an infraction.
d. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this code is committed, continued, or permitted by any such person, and shall be punished accordingly.
e. Notwithstanding sections a-d to the contrary, any violation of this code may, at the discretion of the fire code official, be treated as an administrative violation and enforced pursuant to Chapter

1.18 of the Union City Municipal Code.

Approval of a request for the use of alternative material, assembly, or materials, equipment, method of construction, method of installation of equipment, or means of protection shall be limited to the case covered by the request and shall not be construed as establishing any precedent for any future request.

Whenever any construction or installation work is being performed in violation of the plans and specifications as approved, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violations, and no work shall be done on that portion of the project until the violation has been corrected.

Where work for which a permit is required by this chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:
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Violation within Two-Year Period Penalty Fee
First Equal to the permit fee
Second Double the permit fee
Third Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully complying with all the provisions of this chapter.

15.20.070 Section 114, Stop work order.

Section 114.4 is amended to read as follows:
114. Stop Work Order. Whenever any installation of fire protection devices covered by this Code is concealed without first having been inspected, the fire code official may require, by written notice, that such work shall be exposed for inspection.

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be subject to fines established by the City of Union City under section 113.4 of this code.

15.20.080 Automatic sprinkler systems Chapter 9.

Sections 903.2, 903.2.1, 903.2.2, 903.2.3, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.10, are amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in Sections 903.2.1 through 902.2.12 and Sections 903.2.14 through 903.2.21
903.2.1 Group A. An automatic sprinkler system shall be installed in all Group A occupancies. (Sections 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.1.6, and 903.2.1.7are deleted) 903.2.2 Group B. An automatic sprinkler system shall be installed in all Group B occupancies. (Sections 90.3.2.2.1 and 903.2.2.2 are deleted)
903.2.3 Group E. An automatic sprinkler system shall be installed in all Group E Occupancies. 903.2.4 Group F. An automatic sprinkler system shall be installed in Group F occupancies. (Section 903.2.4.1, 903.2.4.2 and 903.2.4.3 are deleted)
903.2.7 Group M. An automatic sprinkler system shall be installed in all Group M occupancies. (Section 903.2.7.1, 903.2.7.2, and 903.2.7.3 are deleted). 903.2.8 Group R. An automatic sprinkler system shall be installed in all Group R occupancies, including modular units. (Section 903.2.8.1 and 903.2.8.3 are deleted). 903.2.9 Group S-1. An automatic sprinkler system shall be installed in all Group S-1 occupancies. (Sections 903.2.9.1, 903.2.9.2, 903.2.9.3, and 903.2.9.4 are deleted) 903.2.10 Group S-2. An automatic sprinkler system shall be installed in all Group S-2 occupancies. 116 of 141
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(Sections 903.2.10.1 and 903.2.10.2 are deleted).

15.20.090 Section 903.6, Where required in existing buildings and structures.

Section 903.6 is amended to read as follows:
903.6 Where required in existing buildings and structures. All occupancies where modifications are being requested, regardless of the reason, shall require an automatic fire extinguishing system to be installed in the entire structure. When one of the following conditions exists:

1. When more than 50% of the exterior walls and the roof are being removed or replaced.

2. When the existing fire area is increased by more than 50%.

3. When an addition to a single-family home causes the structure to exceed 2,500 square feet in fire area.

4. When required by Chapter 11.

5. When the estimated value of modifications is more than 50 percent (50%) of the value of the structure. 117 of 141
Item 4.1
Public Hearing and Adopt An Ordinance Repealing And
Replacing Certain Chapters Of The Union City Municipal
Code To Adopt The 2025 California Building Codes With
Local Amendments
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2 • The California Building Standards Code sets forth uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems.
• The Code applies to all cities and counties in California and is updated every three years.
• Local governments may amend the provisions of the code upon findings that such amendments are necessary due to either climatic, geological, or topographical conditions.

Background
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3 • The 2022 Building Standards Code goes into effect on January 1, 2026. • The City must adopt an ordinance to incorporate any local amendments into the Building Code.
• The City Council voted 5-0 to introduce the ordinance and set the public hearing on October 28.

Background
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4 • The proposed Ordinance includes adoption of the following building codes by reference:
• California Building Code– CCR Title 24 Part 2
• California Residential Code– CCR Title 24 Part 3
• California Electrical Code– CCR Title 24 Part 4
• California Mechanical Code– CCR Title 24 Part 5
• California Plumbing Code– CCR Title 24 Part 6
• California Fire Code– CCR Title 24 Part 9
• California Existing Building Code– CCR Title 24 Part 10 • California Green Building Standards Code– CCR Title 24 Part 11 Proposed Ordinance
Proposed Ordinance
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5 Conduct a public hearing and 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 of Title 15, Building and Construction, of the Union City Municipal Code to incorporate the 2025 California Building Codes with local amendments.

Recommendation
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City Council Staff Report Page 1 of 6 November 25, 2025 Staff Report
Agenda Item No. 5.1
DATE: November 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: First Quarter Financial Report For Fiscal Year 2025-2026 (Representing July – September 2025)

EXECUTIVE SUMMARY
Staff recommends that the City Council hear a presentation on the First Quarter Financial Report for Fiscal Year 2025-2026 (representing July – September 2025).

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

BACKGROUND
In the first quarter of the fiscal year, the City’s financial performance focuses on consistent revenue collections and the establishment of expenditure management. Property tax and sales tax receipts, which account for the largest share of General Fund revenues, are not yet recorded. In contrast, business tax and utility users tax revenues grew compared to the prior year. Departmental operating expenditures tracked closely with the budget, with personnel costs accounting for the majority of early outlays. Capital project spending was limited, as most contracts are scheduled for later quarters. At quarter-end, the City’s cash position remained strong, supported by timely revenue inflows and prudent reserve management. While first-quarter results are generally preliminary, they provide an early indication that the City is on track to meet its adopted budget targets for the fiscal year.

DISCUSSION
Table 1 on the following page compares revenue activities between FY 2024-2025 and FY 2025-2026, Quarter 1 (July-September). While there are no activities in some revenue and expenditure categories, it is helpful for Finance to structure this financial report and begin year-end analysis.
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Agenda Item No. 5.1
City Council Staff Report Page 2 of 6 November 25, 2025 2 9 Table 1 – General Fund Revenues by Category
Comparing Quarter 1 of FY 2024-2025 and FY 2025-2026
In Quarter 1, the City does not record property tax revenues due to the Alameda County property tax collection and disbursement schedule:
- January 1: Property is assessed as of January 1 each year. - December 10: First installment of secured property taxes is due. - April 10: Second installment of secured property taxes is due. - August 31: Unsecured property taxes (business personal property, boats, etc.) are due.

Disbursements to cities typically occur in cycles following the December and April deadlines. After the first installment deadline in December, cities will receive their first primary transfer of property tax revenue. After the second installment deadline in April, another large transfer of property tax revenue is made to the City. Smaller distributions occur throughout the year as late payments, corrections, or supplemental assessments are processed.

In Quarter 1 of FY26, the City also did not record any sales tax revenues. The California Department of Tax and Fee Administration (CDTFA) distributes revenues to local governments every month, typically based on receipt of sales tax returns and associated payments collected from businesses throughout the state. Disbursements occur with a two-month lag. For example, sales tax revenues for sales reported in January are distributed in March. Based on sales tax analysis, staff is projecting little change in sales tax revenues.

FUND 110 - GENERAL FUND FY 2024-2025 FY 2024-2025 % of FY 2025-2026 FY 2025-2026 % of Revenue by Category Budget Q1 Actuals Budget Cur Bud Q1 Actuals Budget 4A-Prop Tax-Sec & Unsec 17,758,146 - 0.0% 18,745,700 - 0.0% 4B-Prop Tax-Supplementa 483,253 - 0.0% 650,400 - 0.0%
4C-Prop Tax-VLF in Lieu 9,246,627 - 0.0% 9,846,400 - 0.0% 4D-Prop Taxes-Other 3,438,478 - 0.0% 3,597,700 - 0.0%
4E-Sales and Use Taxes 19,817,000 (25,008) -0.1% 18,137,500 - 0.0% 4F-TransntOccupancy Tax 2,088,894 397,341 19.0% 1,637,900 394,117 24.1% 4G-Franchises 6,476,122 666,398 10.3% 6,839,564 10,193 0.1% 4H-Business Lic Taxes 1,944,821 585,215 30.1% 4,800,000 1,680,793 35.0% 4J-Development Fees 80,850 115,965 143.4% 80,850 - 0.0% 4L-Utility Users Taxes 6,469,098 822,665 12.7% 7,246,800 1,141,181 15.7% 4M-Taxes-Other 1,150,000 303,949 26.4% 993,000 165,933 16.7% 4N-Animal Licenses 12,500 2,489 19.9% 10,000 2,630 26.3% 4O-Licenses & Permits 4,926,127 670,053 13.6% 4,727,800 436,393 9.2% 4P-Fines & Forteitures 303,736 69,368 22.8% 415,700 38,814 9.3% 4Q-Service Charges 2,332,356 475,763 20.4% 3,077,400 180,848 5.9% 4R-Federal Revenues 0.0% - 6,041 0.0%
4S-State Revenues 777,000 201,563 25.9% 754,200 251,375 33.3% 4T-County & LocalGovRev 30,000 - 0.0% 0.0%
4U-Investment Income 1,341,200 276,382 20.6% 2,656,800 50,349 1.9% 4V-MiscellaneousRevenue 211,486 279,495 132.2% 1,053,100 88,755 8.4% 4Y-Procd frSaleCapAsset 2,000 - 0.0% 2,000 - 0.0%
4Z-Transfer In 818,000 - 0.0% 18,000 - 0.0%
Revenues by Category 79,707,694 4,841,637 6.1% 85,290,814 4,447,420 5.2% 124 of 141
Agenda Item No. 5.1
City Council Staff Report Page 3 of 6 November 25, 2025 2 9 Taxes account for approximately 85% of total General Fund revenues. In Quarter 1, staff focus on annual trends and recent consultant analysis to estimate tax revenue performance for the remainder of the fiscal year. The chart above shows historical growth in General Fund tax revenue.

The chart below shows historical property tax revenues in the General Fund. Property tax accounts for nearly 40% of General Fund revenues, and the City relies on annual growth to keep pace with rising expenses. Along with utility users’ taxes, it is Union City’s most stable revenue source, and any underperformance would create significant budget challenges.

To project and monitor property tax revenues, staff seek a consultant analysis and reconciliation of Union City property tax data. The chart below, provided by HdL Coren & Cone, shows historical revenue by assessed value component.

Property Tax % Change Property Tax in lieu of VLF % Change FY19 Actual 16,268,752 FY19 Actual 6,946,434
FY20 Actual 17,225,697 5.9% FY20 Actual 7,288,199 4.9%
FY21 Actual 17,589,175 2.1% FY21 Actual 7,681,033 5.4%
FY22 Actual 18,224,515 3.6% FY22 Actual 7,894,566 2.8%
FY23 Actual 19,888,365 9.1% FY23 Actual 8,472,448 7.3%
FY24 Actual 21,115,479 6.2% FY24 Actual 9,035,866 6.7%
FY25 Unaudited 21,739,872 3.0% FY25 Unaudited 9,246,627 2.3% FY26 Budget 22,993,800 5.8% FY26 Budget 9,846,400 6.5%
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Agenda Item No. 5.1
City Council Staff Report Page 4 of 6 November 25, 2025 2 9 Readers might also be interested in the table below, which presents the median sale price of homes in Union City, and HdL Coren & Cone’s discussion of real estate trends in California.

All cities in California, including Union City, receive 1.0% of the sales tax per state law (the Bradley-Burns Act allocation). Union City also receives 0.5% transactional use tax from the local voter-approved Measure AA of 2010. Unless renewed by voters, this funding will automatically expire on March 31, 2034. Among the various taxes, sales tax is preferred because it captures revenues from consumers beyond city boundaries. The chart below shows the historical sales tax and transactional use tax for Union City. 126 of 141
Agenda Item No. 5.1
City Council Staff Report Page 5 of 6 November 25, 2025 2 9 Based on unaudited FY25 sales tax revenues, FY26 sales tax revenues should be similar.

However, based on consultant analysis, sales taxes are in a declining cycle.

Business tax and utility users’ tax revenues serve as vital funding sources that enable Union City to sustain essential city services. Union City’s utility users’ tax (Measure WW of 2020) is set to expire on December 31, 2028, unless the voters extend it. The UUT generates over $7 million annually, funding essential services such as paramedic and fire protection, 911 emergency response, parks, streets, and youth programs.

Sales Tax - Bradley Burns % Change Sales Tax - Measure AA % Change FY19 Actual 10,878,886 FY19 Actual 5,491,347
FY20 Actual 9,989,135 -8.2% FY20 Actual 5,595,634 1.9%
FY21 Actual 10,851,824 8.6% FY21 Actual 6,249,677 11.7% FY22 Actual 12,010,454 10.7% FY22 Actual 7,148,865 14.4% FY23 Actual 12,456,279 3.7% FY23 Actual 7,174,437 0.4%
FY24 Actual 11,464,078 -8.0% FY24 Actual 6,918,301 -3.6% FY25 Unaudited 11,453,140 -0.1% FY25 Unaudited 6,967,465 0.7% FY26 Budget 11,532,500 0.7% FY26 Budget 6,605,000 -5.2% Business License Tax Utility Users' Tax
FY19 Actual 1,713,983 FY19 Actual -
FY20 Actual 1,851,849 8.0% FY20 Actual -
FY21 Actual 1,739,458 -6.1% FY21 Actual 1,026,166
FY22 Actual 1,787,652 2.8% FY22 Actual 5,285,251 415.0% FY23 Actual 1,897,354 6.1% FY23 Actual 6,295,863 19.1%
FY24 Actual 2,359,247 24.3% FY24 Actual 6,596,476 4.8%
FY25 Unaudited 3,283,776 39.2% FY25 Unaudited 7,938,074 20.3% FY26 Budget 4,800,000 46.2% FY26 Budget 7,246,800 -8.7% 127 of 141
Agenda Item No. 5.1
City Council Staff Report Page 5 of 6 November 25, 2025 2 9 128 of 141
Agenda Item No. 5.1
City Council Staff Report Page 6 of 6 November 25, 2025 2 9 Table 2 – General Fund Expenditures by Category
Comparing Quarter 1 of FY 2024-2025 and FY 2025-2026
Table 2 above compares expenditure activities between FY 2024-2025 and FY 2025- 2026, Quarter 1 (July-September). The significant variance in the 5B-Employee Benefits category is due to the timing and recording of the annual CalPERS UAL payment ($8.3 million in FY25 vs $0 in FY26). With the following quarterly report, we will see approximately $9.2 million in UAL expenses posted for FY26.

The variance in the 5D-Services category is primarily due to the timing of the Alameda County Fire contract payment. In Quarter 1, the City paid $2.3 million in FY25 and $3.6 million in FY26. The Fire Operations program has a budget of $14.7 million for FY26.

Attachment 1 (FY26 Q1 Comparison by Program) compares General Fund expenditures by program and department, between FY 2024-2025 and FY 2025-2026.

FISCAL IMPACT
None.

RECOMMENDATION
Staff recommends that the City Council hear a presentation on the First Quarter Financial Report for Fiscal Year 2025-2026 (representing July – September 2025).

Prepared by: Chu Thai, Accounting Manager
Submitted by: Chu Thai, Accounting Manager
Attachments

1. FY26 Q1 Expenditure Comparison by Program
FUND 110 - GENERAL FUND FY 2024-2025 FY 2024-2025 % of FY 2025-2026 FY 2025-2026 % of Expenditure by Category Budget Q1 Actuals Budget Cur Bud Q1 Actuals Budget 5A-Salaries and Wages 27,693,955 6,938,869 25.1% 29,809,318 7,369,817 24.7% 5B-Employee Benefits 16,761,684 10,871,063 64.9% 18,604,026 2,622,052 14.1% 5C-Supplies 680,315 31,071 4.6% 833,382 45,651 5.5%
5D-Services 32,876,319 3,970,493 12.1% 33,076,620 5,053,143 15.3% 5G-PrinPmts on LeaseObl 681,089 149,485 21.9% 702,206 153,531 21.9% 5H-Int Pmts on LeaseObl 77,577 22,632 29.2% 61,414 20,629 33.6% 5I-CapOutlay 595,768 34,692 5.8% 2,157,590 26,285 1.2%
5L-Transfer Out 4,384,867 - 0.0% 2,255,815 2,917 0.1%
Expenditures by Category 83,751,574 22,018,304 26.3% 87,500,372 15,294,026 17.5% 129 of 141
General Fund Expenditures by Program/Department
Comparing Quarter 1 of FY 2024-2025 and FY 2025-2026
FUND 110 - GENERAL FUND FY 2024-2025 FY 2024-2025 % of FY 2025-2026 FY 2025-2026 % of Expenditures by Program/Department Budget Q1 Actuals Budget Cur Bud Q1 Actuals Budget 11000000-GENERAL FUND (1,142,246) - 0.0% (515,000) 2,917 -0.6% 00-Non Dept-Citywide Total (1,142,246) - 0.0% (515,000) 2,917 -0.6% 11011001-City Council 472,237 110,579 23.4% 572,396 102,267 17.9% 11011021-Planning Commission 59,011 8,003 13.6% - 9,074 0.0% 11011022-Leisure Commissions 13,232 1,151 8.7% - 225 0.0% 11011024-Human Relations Commission 500 353 70.7% 1,000 305 30.5% 11011041-Community Relations 165,742 12,293 7.4% 257,500 26,097 10.1% 11011023-Leisure Youth Commission 2,500 - 0.0% 0.0%
11-City Council Total 713,222 132,380 18.6% 830,896 137,968 16.6% 11012001-City Manager 2,357,807 545,040 23.1% 1,895,472 280,060 14.8% 11012040-Emergency Services 311,351 79,009 25.4% 307,525 42,486 13.8% 11012301-Solid Waste Mgmt 128,998 46,468 36.0% 98,402 26,002 26.4% 12-City Manager's Office Total 2,798,156 670,517 24.0% 2,301,399 348,548 15.1% 11013001-City Attorney 600,000 - 0.0% 600,000 - 0.0%
11013002-Litigation Contingency 59,205 - 0.0% 59,205 - 0.0% 13-City Attorney Total 659,205 - 0.0% 659,205 - 0.0%
11014001-City Clerk 601,816 120,823 20.1% 382,707 49,976 13.1% 14-City Clerk Total 601,816 120,823 20.1% 382,707 49,976 13.1% 11015001-Finance Administration 637,839 221,866 34.8% 345,309 128,019 37.1% 11015011-Accounting 1,606,083 435,941 27.1% 2,093,665 310,346 14.8% 11015012-Central Services 48,100 2,429 5.0% 48,800 5,481 11.2% 11015013-Revenue Collection 898,795 209,450 23.3% 956,535 103,464 10.8% 11015030-FIN-Risk Management 1,900,000 - 0.0% 0.0%
15-Finance Department Total 5,090,817 869,685 17.1% 3,444,309 547,310 15.9% 11016001-Human Resources 1,247,919 344,620 27.6% 1,189,959 230,015 19.3% 16-Human Resources Department Total 1,247,919 344,620 27.6% 1,189,959 230,015 19.3% 11017001-Information Technology 5,553,567 1,495,530 26.9% 5,569,749 1,056,767 19.0% 17-Information Tech Services Dept Total 5,553,567 1,495,530 26.9% 5,569,749 1,056,767 19.0% 11021001-Police Administration 3,069,219 1,443,390 47.0% 3,607,355 674,349 18.7% 11021002-Police Training 1,187,099 323,873 27.3% 1,269,735 185,550 14.6% 11021003-Police Investigation 5,437,392 2,113,460 38.9% 6,541,160 1,204,035 18.4% 11021004-Police Patrol 17,676,591 6,664,391 37.7% 21,246,590 3,629,674 17.1% 11021005-Police Records 744,070 316,557 42.5% 988,286 195,522 19.8% 11021006-Police Traffic 1,774,072 574,508 32.4% 875,610 325,188 37.1% 11021007-Police Juvenile 60,400 - 0.0% 79,890 2,033 2.5% 11021008-Police-COPPS 193,548 178,077 92.0% 1,216,400 157,898 13.0% 11021010-Police Swat Team 179,315 12,223 6.8% 190,405 1,839 1.0% 11021011-Records/Comms/Property 2,027,701 57,642 2.8% 2,055,652 7,012 0.3% 11021012-Police Information Technology 63,113 354 0.6% 59,113 264 0.4% 11021103-PD Volunteer Services 9,600 - 0.0% 10,140 - 0.0% 11021140-2017 JAG Byrne Grant 17,000 - 0.0% 34,000 - 0.0% 11021196-K-9 Police Dogs of Union City - 0.0% - 174 0.0% 11021197-Police Explorers 20,330 - 0.0% 20,330 - 0.0%
21-Police Department Total 32,459,450 11,684,476 36.0% 38,194,665 6,383,537 16.7% 11022001-Fire Operations 13,881,678 2,308,578 16.6% 14,679,142 3,635,403 24.8% 22-Fire Department Total 13,881,678 2,308,578 16.6% 14,679,142 3,635,403 24.8% 11033001-PW Administration 138,872 46,389 33.4% 444,762 25,152 5.7% 11033002-Engineer Administration 50,206 17,668 35.2% - 10,446 0.0% 11033003-Engineer-Design/Projt Mgmt 568,128 147,899 26.0% 588,342 79,484 13.5% 11033004-Engineer-Eng Inspection 389,421 95,088 24.4% 376,960 65,476 17.4%

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FUND 110 - GENERAL FUND FY 2024-2025 FY 2024-2025 % of FY 2025-2026 FY 2025-2026 % of Expenditures by Program/Department Budget Q1 Actuals Budget Cur Bud Q1 Actuals Budget 11033011-Streets Administration 123,468 17,977 14.6% 126,402 2,230 1.8% 11033021-Bldg/Grnd Admin 66,515 26,398 39.7% 95,141 15,158 15.9% 11033023-Bldg/Grnd Bldg Maint 2,052,174 436,073 21.2% 2,294,589 337,897 14.7% 11033024-Bldg/Grnd Park Maint 1,803,626 433,657 24.0% 2,100,729 429,858 20.5% 11033005-Engineer-Traffic Engnr 24,669 - 0.0% 0.0%
30-Public Works Department Total 5,217,080 1,221,148 23.4% 6,026,925 965,701 16.0% 11041001-ECD Administration 857,489 258,259 30.1% 871,597 149,069 17.1% 11041002-Building and Safety 1,872,033 371,304 19.8% 2,016,925 178,029 8.8% 11041003-Neighborhood Preservation 227,213 28,220 12.4% 270,829 18,545 6.8% 11041004-Current Planning 1,090,048 189,520 17.4% 1,348,521 120,608 8.9% 11041005-Advance Planning 151,184 5,525 3.7% 110,483 - 0.0% 11041007-ECD-PS-ECHO 5,897 - 0.0% 5,897 - 0.0%
11041008-ECD-Fire Permits 101,264 37,384 36.9% 101,558 - 0.0% 11041009-ECD Environmental Progams 709,185 182,879 25.8% 640,113 107,022 16.7% 11041010-Planning Commission - - 0.0% 38,989 - 0.0%
11041022-Economic Development 837,876 197,631 23.6% 700,541 99,621 14.2% 11041301-ECD-CRIL 10,000 - 0.0% 10,000 - 0.0%
11041303-ECD-Immigration Institute 10,000 - 0.0% 10,000 - 0.0% 11041304-ECD-Legal Assistance Seniors 10,000 - 0.0% 10,000 - 0.0% 11041305-ECD-LIFE Elder Care 15,000 - 0.0% 10,000 - 0.0% 11041312-ECD-Centro De Servicios 145,000 - 0.0% 180,000 26,827 14.9% 11041316-ECD-SAVE 5,000 - 0.0% 10,000 - 0.0%
11041317-ECD-Spectrum Senior Meals 3,000 - 0.0% 10,000 - 0.0% 11041318-ECD-Union City Family Center 3,000 - 0.0% 5,000 - 0.0% 11041013-ECD-PS-Immigration Institute 5,000 - 0.0% 0.0% 11041019-ECD-PS-Centro Resource Center - 39,048 0.0% 0.0% 11041307-ECD-Spectrum CS-Fall Prevent 10,000 - 0.0% 0.0% 11041309-ECD-Tiburcio Vasquez 20,000 - 0.0% 0.0%
11041311-ECD-ECHO Housing 20,000 - 0.0% 0.0%
40-Economic & Community Dev Dept Total 6,108,189 1,309,770 21.4% 6,350,452 699,720 11.0% 11051001-Leisure Administration 1,090,119 301,244 27.6% 1,030,068 191,450 18.6% 11051002-Kennedy Center 573,574 178,611 31.1% 608,110 149,630 24.6% 11051003-Holly Center 487,388 148,759 30.5% 492,575 78,494 15.9% 11051004-Senior Center 352,244 147,555 41.9% 610,636 85,874 14.1% 11051005-UC Sports Center 1,313,589 340,050 25.9% 1,174,032 267,890 22.8% 11051007-Youth Special Interest 16,082 4,884 30.4% 14,825 126 0.8% 11051008-Youth Programs 208,966 38,395 18.4% 132,080 76,660 58.0% 11051009-Youth/Family Services 1,498,919 377,033 25.2% 1,272,547 164,335 12.9% 11051027-Natl Parkinsons Comm Gnt-Ex Cl 10,000 - 0.0% 5,000 - 0.0% 11051030-CRS-CAREavan 164,333 34,489 21.0% 206,622 9,105 4.4% 11051101-Park and Recreation Commission - - 0.0% 13,232 507 3.8% 11051102-Youth Commission - - 0.0% 2,500 - 0.0%
11052016-Special Needs 18,764 3,192 17.0% 27,060 4,723 17.5% 11052036-LRF-Boxing 43,331 5,205 12.0% 42,662 6,364 14.9% 11052037-LRF-Teen Fee - 2,007 0.0% - 1,615 0.0%
50-Community & Rec Services Dept Total 5,777,309 1,581,426 27.4% 5,631,949 1,036,773 18.4% 11061012-P O B Debt Service 3,190,070 - 0.0% 470,815 - 0.0% 60-Debt Service Programs Total 3,190,070 - 0.0% 470,815 - 0.0% 11080106-Misc Dep-Station East Develop - 584 0.0% - 662 0.0% 11081009-Network Infrastructure Rplcmnt 160,560 - 0.0% 160,560 - 0.0% 11081200-COVID-19 Virus - 8,605 0.0% 0.0%
11083012-PNC Eqpt Finance-Fire Truck 168,601 - 0.0% 168,601 - 0.0% 11084022-Integral Communities Station - 341 0.0% - 2,332 0.0% 11084119-Louie Ranch-Time & Materials - 0.0% - 144 0.0% 11084140-Integral-Site Develop Review - 0.0% - 1,940 0.0% 11084147-Louie Ranch/Appian Way-T&M - 1,281 0.0% - 216 0.0% 11084150-33454-33462 3rd St Time & Mats - 0.0% - 487 0.0% 11084163-Misc Dep-Decoto Rd/7th PA 7/8 - 0.0% - 1,653 0.0% 11084167-Misc Dep-Zwissig Way - 0.0% - 144 0.0%

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FUND 110 - GENERAL FUND FY 2024-2025 FY 2024-2025 % of FY 2025-2026 FY 2025-2026 % of Expenditures by Program/Department Budget Q1 Actuals Budget Cur Bud Q1 Actuals Budget 11084805-ECD Digitalization Project - 0.0% 195,000 - 0.0% 11081500-Storms 2023-DR4683 - 256 0.0% 0.0%
11081501-Storms 2023-DR4699 - 60 0.0% 0.0%
11084135-H & S Energy-Time & Materials - 4,053 0.0% 0.0% 80-Miscellaneous Programs Total 329,161 15,180 4.6% 524,161 7,578 1.4% 11090924-Public Building Energy Retofit 236,759 - 0.0% 241,727 - 0.0% 11091706-Energy Efficiency Project 192,746 172,117 89.3% 192,732 174,160 90.4% 11092229-CH - Mobile Generator Tapbox 113,806 925 0.8% 171,070 - 0.0% 11092230-Atrium/Garden Repairs 186,379 65,733 35.3% 16,444 - 0.0% 11092316-CH-DC Batt Backup & AC Repair 102,605 1,388 1.4% 523,248 - 0.0% 11092340-CHWorkstation Modernization II 87,790 - 0.0% 310,000 - 0.0% 11092432-City Hall Carpet Replacement 200,000 - 0.0% 98,780 - 0.0% 11092556-HC Playground Surface Replace 70,000 - 0.0% 5,038 - 0.0% 11092611-Flight 93 Memorial Repairs - 0.0% 25,000 17,653 70.6% 11092620-MGSC Air Conditioning Unit Rpl - 0.0% 175,000 - 0.0% 11092228-Historical Museum Repairs I 45,153 8,418 18.6% 0.0% 11092312-FS 31 & 32 Apparatus Bay Exhst - - 0.0% 0.0%
11092411-Dry Creek Bridge Repairs 13,360 - 0.0% 0.0%
11092414-FS 31 Fence Repairs 17,583 15,593 88.7% 0.0%
90-Capital Projects (PW) Total 1,266,181 264,173 20.9% 1,759,037 191,813 10.9% Total General Fund Expenditures 83,751,574 22,018,304 26.3% 87,500,372 15,294,026 17.5%

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First Quarter Financial Report For
Fiscal Year 2025-2026 (July – Sept 2025)
November 25, 2025 City Council Meeting
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2 Executive Summary
o Goal A: Financial Stability and Sustainability
o Financial reporting reinforces transparency and
proactive fiscal management
o Q1 report focuses on financial structure for the year and on revenues/expenditures posted in Q1
o Preliminary report shows the City is on track with
budget targets
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3 General Fund Revenue Summary
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4 Reliance on Tax Revenues
o Taxes account for approximately 85% of total General
Fund revenues. UC is dependent on taxes to offset the
rising costs of providing essential city services.
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5 Property Tax Comparison
o Property tax revenues received December and April
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6 Sales Tax Comparison
o 2 month lag for sales tax revenues
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7 Business License Tax & UUT
o Stable revenues for the General Fund
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8 General Fund Expenditure Summary
o Employee Benefits variance due to timing and recording of the annual CalPERS UAL payment
o Services variance due to timing of the Alameda County Fire contract payments 140 of 141

9 Final Comments
o Due to the timing of when certain major revenue
sources are received, only 5.2% of revenues were
posted in Q1
o This is not unusual or alarming
o Expenditures occur more evenly throughout the year
o Staff will present quarterly financial reports on a
consistent basis going forward
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