December 9, 2025 | 7:00 PM Page 1 of 5
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, December 9, 2025 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587
1. CALL TO ORDER
1.1. Pledge of Allegiance
1.2. Roll Call
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 November 25, 2025 City Council Special Closed Session Action Minutes
3.2. Approve the November 25, 2025 City Council Special Meeting Action Minutes
3.3. Approve the November 25, 2025 City Council Regular Meeting Action Minutes
December 9, 2025 | 7:00 PM Page 2 of 5
City Council / Successor Agency
Regular Meeting Agenda
3.4. Adopt a Resolution to Confirm Council Assignments to Various Boards, Commissions, and Subcommittees for Calendar Year 2026
3.5. Adopt a Resolution Authorizing the City Manager to Enter into a Consulting Services Agreement with Workforce Integrity and Training Solutions (WITS), for an Amount Not to Exceed $100,000, Through June 30, 2027, to Support the Compliance and Coordination of the Community Workforce Agreement (CWA)
3.6. Adopt a Resolution Approving an Amendment to the City’s Compensation Plan and Adopting a Side Letter Agreement Between the City of Union City and the Operating Engineers, Local 3: Professionals’ Employee Group to Create the Position of Senior Environmental Programs Inspector and Approving An Amendment To The City’s Classification And Compensation Plan And Salary Schedule In Conformance With California Code Of Regulations, Title 2, Section 570.5
3.7. Adopt a Resolution Approving an Amendment to Update the Class Specifications for the Classifications of Preschool Site Supervisor I
3.8. Adopt a Resolution Authorizing the City Manager to Enter Into a Lease Agreement with Inverness Management, LLC, Effective December 10, 2025, for a Police Substation, Located at 31079 Courthouse Drive, for $3,266.00 per Month, with a 4% Annual Increase
3.9. Adopt a Resolution Approving the Award of a Construction Contract to G.
Bortolotto & Company, Inc., in the Amount of $1,992,760, and Approving a Total Construction Budget in the Amount of $2,391,312, for the Annual Citywide Pavement Rehab Project, City Project No. 25-01
3.10. Adopt a Resolution Authorizing the City Manager to Execute the Fourth Amendment to the Consulting Services Agreement with Rail Surveyors and Engineers, Inc., For Additional Compensation to Provide Engineering Services to Implement the Phase II Safety Improvements in Support of the At-Grade Pedestrian Crossing at BART Project, City Project No. 14-14
3.11. Adopt a Resolution Authorizing the City Manager to Execute the Fifth Amendment to the Consulting Services Agreement with Consor PMCM, Inc. for Inspection Services
3.12. Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to the Consulting Services Agreement with Urban37, Inc., for Building Division Support, in a Form Approved by the City Attorney, to Increase the Agreement Amount by $425,500, for a Total Not to Exceed Amount of $500,000, and to Extend the Agreement Term to June 30, 2028
3.13. Adopt a Resolution Certifying Completion of the Baseline Construction for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to Meet the Project Funding Deadline and Receive Full Funding Reimbursement as Required in Amendment No. 4 to the Project Funding Agreement No. A17-0125 with Alameda County Transportation Commission
December 9, 2025 | 7:00 PM Page 3 of 5
City Council / Successor Agency
Regular Meeting Agenda
4. PUBLIC HEARINGS
4.1. Recommendation to Continue Public Hearing from December 9, 2025 to a Date Uncertain to Consider an Appeal or 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; or (4) Return the Matter Back to the Planning Commission. Staff is Recommending that This Project Be Considered Categorically Exempt from the California Environmental Quality Act (CEQA) Under Section 15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines
5. CITY MANAGER REPORTS
5.1. Waive Full Reading and Introduce by Title Only an Ordinance of the City Council of the City of Union City Amending Chapter 2.05 (Campaign Reporting Requirements) of the Union City Municipal Code
5.2. Adopt a Resolution Appointing the Vice Mayor for Calendar Year 2026
5.3. Adopt a Resolution Approving the City of Union City Emergency Operations Plan (EOP) – 2025 Revision
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.
Public Comment: Members of the public cannot provide comments via Zoom unless specifically December 9, 2025 | 7:00 PM Page 4 of 5
City Council / Successor Agency
Regular Meeting Agenda
permitted, as detailed below. Remote access is subject to technical availability. If the Zoom platform or other technology fails, the City Council will proceed with the meeting in person unless prohibited by law.
Public Records: Documents related to agenda items are available for review on the City's website (https://www.unioncity.org) or during business hours at the City Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.
Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting. Closed captioning is available for all regular City Council meetings.
ADDRESSING THE CITY COUNCIL
In-Person Public Comment:
Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address.
Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.
Written Comment:
To submit written comments on an agenda item or during Public Comment, please email [email protected]. Include "Public Comment" in the subject line and reference the agenda item number. Written comments will be forwarded to the City Council and made publicly available.
Public Comment via Zoom:
As noted above, the public may not address the Council via Zoom unless required by AB 2449. If the City is required to provide this opportunity, the Mayor will announce it at the beginning of the meeting. If allowed, raise your virtual hand on Zoom to indicate that you would like to speak on a specific agenda item.
CITY COUNCIL NORMS AND GUIDELINES
(Resolution No. 6129-23; Adopted May 23, 2023)
The Union City Council abides by the following norms:
1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.
2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.
3. We recognize that matters of confidential nature are to be kept private and undisclosed.
4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.
5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision December 9, 2025 | 7:00 PM Page 5 of 5
City Council / Successor Agency
Regular Meeting Agenda
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 December 9, 2025
Staff Report
Agenda Item No. 3.1
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the November 25, 2025 City Council Special Closed Session Action Minutes
RECOMMENDATION
Staff recommend Council to approve the meeting minutes.
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments
1. Action Minutes
6 of 613
MINUTES
CITY COUNCIL
CITY COUNCIL SPECIAL CLOSED SESSION
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, November 25, 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 6:01 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. CLOSED SESSION
4.1. Conference with Real Property Negotiators Pursuant to Government Code § 54956.8
Property: (APNs 087-0011-017-06, 087-0011-017-07, 087-0011-015-14, and 087-0011-015-15)
Agency Negotiator: Joan Malloy, City Manager
Negotiating Parties: Patrick Hendry, President
Under Negotiation: Price and Terms of Payment
No reportable action.
5. REPORT OUT OF CLOSED SESSION
Mayor Singh reported on the closed session item referenced above at the November 25, 2025 City Council Regular Meeting.
7 of 613
November 25, 2025 | 6:00 PM Page 2 of 2
City Council
Special Closed Session
6. ADJOURNMENT
Mayor Singh adjourned the meeting at 6:34 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council on December 9, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
8 of 613
City Council Staff Report Page 1 of 1 December 9, 2025
Staff Report
Agenda Item No. 3.2
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Approve the November 25, 2025 City Council Special Meeting Action Minutes
RECOMMENDATION
Staff recommend Council to approve the meeting minutes.
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments
1. Action Minutes
9 of 613
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 25, 2025 | 6:30 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 6:43 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. Proclamation in Recognition of City Engineer Farooq Azim on His Retirement
Mayor Singh read aloud the proclamation and presented it to Former City Engineer Azim, who later offered brief comments.
4.2. Presentation on the Annual Citywide Pavement Rehabilitation Project, City Project No. 25-01
City Engineer Cangco provided staff presentation. She, Civil Engineer II Yu, and Public Works Director Ayupan responded to the Council's questions.
5. ADJOURNMENT
Mayor Singh adjourned the meeting at 7:15 PM.
10 of 613
November 25, 2025 | 6:30 PM Page 2 of 2
City Council
Special Meeting Minutes
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 December 9, 2025. /s/Thai Nam Pham, MMC, CPMC
City Clerk
11 of 613
City Council Staff Report Page 1 of 1 December 9, 2025
Staff Report
Agenda Item No. 3.3
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Thai Nam Pham, City Clerk
SUBJECT: Approve the November 25, 2025 City Council Regular Meeting Action Minutes
RECOMMENDATION
Staff recommend Council to approve the meeting minutes.
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments
1. Action Minutes
12 of 613
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, 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
Mayor Singh called the meeting to order at 7:17 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
Mayor Singh reported out of the Special Closed Session that was held prior to the meeting.
2. ORAL COMMUNICATIONS
Mayor Singh opened Oral Communications. The following speakers spoke on items that were not on the agenda:
Jennifer Martinez
Susie Garcia
Ketav Korke
Nareet Salhotra
13 of 613
November 25, 2025 | 7:00 PM Page 2 of 5
City Council / Successor Agency
Regular Meeting Minutes
Lillian Martinez
There being no further speakers, Mayor Singh closed Oral Communications.
3. CONSENT CALENDAR
Motion: Approve the Consent Calendar.
RESULT: Pass
MOVER: Vice Mayor Sakakihara
SECONDER: Councilmember Patiño
AYES: Councilmembers Nishihira, Patiño, Wang, Vice Mayor Sakakihara, and Mayor Singh
NOES: None
ABSENT: None
3.1. Approve the October 28, 2025 City Council Special Meeting Action Minutes A motion was made to approve the minutes.
3.2. Approve the October 28, 2025 City Council Regular Meeting Action Minutes A motion was made to approve the minutes.
3.3. Approve the November 4, 2025 City Council Special Meeting Action Minutes A motion was made to approve the minutes.
3.4. Approve the November 13, 2025 City Council Special Meeting Minutes A motion was made to approve the minutes.
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
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2025-150
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.
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2025-151
3.7. Adopt a Resolution 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 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 14 of 613
November 25, 2025 | 7:00 PM Page 3 of 5
City Council / Successor Agency
Regular Meeting Minutes
for a Fourth Year, for an Additional Amount Not-To-Exceed $100,000, for Fiscal Year 2028-2029
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2025-152
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
City Attorney Kokotaylo provided staff presentation.
Mayor Singh opened the Public Hearing at 7:31 PM. There being no speakers, Mayor Singh closed the Public Hearing at 7:31 PM.
Motion: 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.
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.: Ordinance No. 2025-006
5. CITY MANAGER REPORTS
5.1. First Quarter Financial Report For Fiscal Year 2025-2026 (Representing July – September 2025)
Finance Director Acosta provided staff presentation and responded to questions from the Council.
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.
Council received the report.
6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.
15 of 613
November 25, 2025 | 7:00 PM Page 3 of 5
City Council / Successor Agency
Regular Meeting Minutes
16 of 613
November 25, 2025 | 7:00 PM Page 4 of 5
City Council / Successor Agency
Regular Meeting Minutes
7. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported that on November 14 he participated in a League of California Cities webinar in preparation for the upcoming City Leaders Workshop in Southern California.
Vice Mayor Sakakihara reported attending the Ava Community Energy Finance Subcommittee meeting on November 4, the Ava Community Energy Ad Hoc Grant Making Committee meeting on November 10, the Housing Authority of County of Alameda meeting on November 12, the Parks and Recreation Commission meeting on November 12, the Housing Authority of County of Alameda’s Personnel Committee meeting on November 17, the Ava Community Energy Board meeting on November 19, and the Alameda County Fire Advisory Committee meeting on November 20.
Councilmember Wang reported attending the Youth Commission meeting on November 12 and the Alameda County Waste Management Authority (StopWaste) regular meeting on November 19.
Councilmember Nishihira reported that the Legislation and Policy Committee met on November 17. He also reported that the Alameda County Library Commission, the Human Relations Commission, the Revenue Measure Ad Hoc Committee, and the Joint City and District Meeting Committee did not meet.
Mayor Singh reported attending the Alameda County Transportation Commission Programs and Projects Committee meeting on November 10 and the San Francisco Business Times event held at Gerry’s Grill. He also reported attending the Mayors’ Conference in Newark.
8. GOOD OF THE ORDER
Councilmember Patiño reported attending National League of Cities (NLC) preparatory meetings on November 6 and November 11, attending his final WELL class and graduation from November 7 through November 8, and attending the NLC City Summit in Salt Lake City from November 18 through November 23, where he assumed the office of President of Hispanic Elected Local Officials (HELO) and was appointed to a new two-year term on the NLC Board of Directors. He also reported attending the HELO Dinner on November 21 and the Centro de Servicios volunteer appreciation event on November 25.
Vice Mayor Sakakihara reported attending the San Francisco Business Times event at Gerry’s Grill and the Centro de Servicios turkey giveaway.
Councilmember Wang reported attending the San Francisco Business Times event at Gerry’s Grill and meeting with Congresswoman Tokuda on November 13. He also reported attending the NLC City Summit and the Centro de Servicios volunteer event.
Councilmember Nishihira reported meeting with community members at Our Lady of the Rosary on October 30 and meeting with residents from the Condor Drive neighborhood on November 18. He also reported attending Assemblymember Liz Ortega’s Awards Night on November 14.
Mayor Singh reported assisting with the Centro de Servicios fresh-produce distribution event.
9. ADJOURNMENT
Mayor Singh adjourned the meeting at 8:17 PM.
17 of 613
November 25, 2025 | 7:00 PM Page 4 of 5
City Council / Successor Agency
Regular Meeting Minutes
18 of 613
November 25, 2025 | 7:00 PM Page 5 of 5
City Council / Successor Agency
Regular Meeting Minutes
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City on December 9, 2025.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
19 of 613
City Council Staff Report Page 1 of 2 December 9, 2025
Staff Report
Agenda Item No. 3.4
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution to Confirm Council Assignments to Various Boards, Commissions, and Subcommittees for Calendar Year 2026
EXECUTIVE SUMMARY
Through the adoption of a resolution, this item approves the Mayor’s assignments to various regional boards, commissions, and internal subcommittees for Calendar Year 2026. These assignments mirror most of 2025 roster with minor adjustments proposed for 2026. The resolution adopts the updated list for administrative clarity and ensures seamless coordination with partner agencies.
STRATEGIC PLAN ALIGNMENT
This action supports Strategic Plan Goal E: Communication and Outreach, by strengthening the City’s engagement with regional bodies and enhancing representation on interagency committees.
BACKGROUND
The City Council participates in a series of regional boards, commissions, and internal committees that require annual confirmation of assigned representatives. Government Code section 40605 provides that the Mayor makes appointments with approval of th City Council. These assignments support the City’s strategic and legislative workstreams, reinforce Union City’s voice in regional decision-making, and ensure continuity of representation.
Some external agencies directly appoint their members—such as the Bay Area Air Quality Management District (BAAQMD), San Francisco Bay Conservation and Development Commission (BCDC), and certain Alameda County Transportation Commission (ACTC) committees. These organizations maintain sole authority over their appointments, and as a result, those seats remain unchanged and are not subject to City Council reassignment.
For 2026, staff has compiled the assignment roster shown in Exhibit A of the resolution.
The roster maintains most of the 2025 assignments with a few exceptions as outlined in the Discussion Section of this report.
20 of 613
Agenda Item No. 3.4
City Council Staff Report Page 2 of 2 December 9, 2025 2 9 DISCUSSION
Mayor Singh provided minor adjustments to the proposed 2026 assignments to align representation with current Councilmember roles and operational needs. The following updates have been made:
• Councilmember Nishihira will serve as the primary representative to both the Alameda County Waste Management Authority (ACWMA) and the ACWMA Programs & Administration Committee.
• Councilmember Wang will serve as the alternate for both ACWMA bodies. • Councilmember Wang has also replaced Councilmember Scott Sakakihara on the City of Union City Finance Committee, and Exhibit A reflects this adjustment.
These refinements have been incorporated into Exhibit A of the accompanying resolution.
No other changes were made to the 2026 assignment roster.
FISCAL IMPACT
There is no fiscal impact associated with confirming the 2026 Council assignments.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution confirming the appointments.
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments
1. Draft Resolution
2. Exhibit A – 2026 Council Assignment
21 of 613
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
ADOPTING THE COUNCIL ASSIGNMENTS TO VARIOUS BOARDS,
COMMISSIONS, AND SUBCOMMITTEES FOR THE CALENDAR YEAR
2026
WHEREAS, the City of Union City annually updates the assignments of City Councilmembers to various regional boards, commissions, and internal subcommittees to ensure active participation and representation of the City’s interests; and WHEREAS, pursuant to Government Code section 40605, the Mayor, with the approval of the City Council, makes the assignments to these boards, commissions, and subcommittees; and
WHEREAS, the proposed roster for calendar year 2026 reflects the updated composition of the City Council and ensures balanced representation and workload distribution among its members; and
WHEREAS, the Council has reviewed and considered the proposed assignments as detailed in the December 9, 2025, staff report and finds that they align with the City’s priorities and Strategic Plan Goal E: Communication and Outreach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. The Council approves the Mayor’s appointments and adopts the updated roster of assignments to various boards, commissions, and subcommittees for calendar year 2026, as outlined in Exhibit A attached hereto and incorporated by reference.
2. The City Clerk is directed to distribute the updated assignments to all relevant agencies and City staff.
22 of 613
Resolution No. 2025-XXX
2026 Council Assignments
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of December 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 – 2026 City Council Assignments
23 of 613
City of Union City City Council Assignment and Sub-Committee Appointments to Outside Agency and Advisory Meetings
AGENCY NAME CONTACT INFORMATION MEETING PURPOSE FREQUENCY/
LOCATION MEETING TIME STIPEND PER MEETING
CURRENTLY
ASSIGNED ALTERNATE (IF ANY)
Alameda County Fire Department
Advisory Commission
Yvonne Hernandez, Admin Secretary
[email protected]
6363 Clark Avenue
Dublin, CA 94568
(925) 833-3473 x1120
Keep elected representatives updated on
ACFD plans and operation priorities
Quarterly
3rd Thursday of 2nd
month of each quarter/
ACF
6363 Clark Avenue
Dublin
7:00 p.m. $0 Sakakihara Patiño
Alameda County Library Advisory
Commission
Cindy Chadwick
2400 Stevenson Boulevard
Fremont CA 94538-2326
(510) 745-1500
Review issues relative to libraries within
Alameda County
1st Wednesday
Rotates library locations 7:00 p.m. $0 Nishihara Wang
Alameda County Mayors Conference
Steven Bocian, Executive Dir.
San Leandro Civic Center
835 East 14th Street
San Leandro, CA 94577
(925) 750-7943
[email protected]
Appoints mayors to regional agencies
LOCC interaction
Networking
2nd Wednesday
Rotates throughout
County
6:00 p.m. $0 Singh N/A
Alameda County Mosquito Abatement
District
Ryan Clausnitzer
[email protected]
23187 Connecticut Street
Hayward, CA 94545
(510) 783-7744
Board of Trustees
2nd Wednesday
Office of the District,
Hayward
5:00 p.m. $100/month in lieu of
expenses
Subru Bhat
(4-year appointment)
(1/2026 – 12/2029)
N/A
Alameda County Transportation
Commission (ACTC)
Liz Lake, Assistant Clerk
[email protected];
[email protected]
1111 Broadway, #800
Oakland, CA 94607
(510) 208-7436
Oversees half cent sales tax (Measure B)
expenditures
Per State mandate, is the congestion
management agency for county
4th Thursday
ACTC in Oakland 2:00 p.m. $250/meeting Singh Sakakihara Alameda County Transportation
Commission (ACTC) Program &
Projects Subcommittee
Liz Lake, Assistant Clerk
[email protected];
[email protected]
1111 Broadway, #800
Oakland, CA 94607
(510) 208-7436
Standing committee of ACTC to review
programs and projects
2nd Monday
ACTC in Oakland 10:00 a.m. $250/meeting
-
(Appointment by ACTC
pending January 2025)
N/A
Alameda County Waste Management
Authority (ACWMA)
Arlis Dunn
[email protected]
1537 Webster Street
Oakland, CA 94612
(510) 891-6500 x117
Voter mandated recycling board & separate
WMA
Promotes recycling/makes county-wide policy
& legislation
Oversees landfills in County
4th Wednesday
StopWaste.org, Oakland 3:00 p.m. $230/meeting Nishihira Wang Alameda County Waste Management
Authority (ACWMA) Programs &
Administration Committee
Arlis Dunn
[email protected]
1537 Webster Street
Oakland, CA 94612
(510) 891-6500 x117
Standing subcommittee of WMA Board to
oversee programs and administration of nonrecycling board matters 2nd Thursday
StopWaste.org, Oakland 9:00 a.m. $230/meeting Nishihira Wang Association of Bay Area Governments
(ABAG)
Fred Castro
[email protected]
P.O. Box 2050
Oakland, CA 94604-2050
(510) 464-7913
Council of governments for Bay Area
providing regional planning and allocations for
housing
Fall and Spring meetings
/
Location varies
9:00 a.m. $0 Patiño Sakakihara
Effective December 10, 2024 1 of 4
24 of 613
City of Union City City Council Assignment and Sub-Committee Appointments to Outside Agency and Advisory Meetings
AGENCY NAME CONTACT INFORMATION MEETING PURPOSE FREQUENCY/
LOCATION MEETING TIME STIPEND PER MEETING
CURRENTLY
ASSIGNED ALTERNATE (IF ANY)
Ava Community Energy Board of
Directors
Adrian Bankhead, Clerk of the Board
[email protected]
1999 Harrison Street, Suite 2300
Oakland, CA 94612
(510) 833-699-3223 (main line)
1st Wed if second meeting is needed
3rd Wed Regular Meeting Hayward City Hall 6:00 p.m. $125/meeting Sakakihara Patiño City of Union City Finance Committee
Jackie Acosta, Finance Director
[email protected]
34009 Alvarado-Niles Road
Union City, CA 94587
(510) 675-5338
Reviews annual Financial Statements to
communicate w/external auditor on areas of
concern. Receives reports for Tax Oversight
Committee(s)
As Needed / City Hall TBD $0 Singh,
Sakakihara N/A
City of Union City Disaster Council
Ricardo Martinez
[email protected]
34006 Alvardo-Niles Road
Union City, CA 94587
(510) 427-7772
Union City Municipal Code
Title 2, Chapter 28
Develops and recommends for Council
adoption emergency and mutual aid plans and
regulations, as necessary.
Twice a Year
CERT Trailer
Alameda County Fire
Department, Fire Station
31 33666 Central Avenue
TBD $0 Singh
(per Municipal Code) N/A
City of Union City Economic
Development Advisory Team (EDAT)
Gloria Ortega
[email protected]
34009 Alvarado-Niles Road
Union City, CA 94587
(510) 675-5396
Comprised of local business members,
elected officials, & community members who
advise on economic dev programs and
activities
Quarterly, First
Wednesday of the Month
City Hall
12:00 p.m. $0 Wang,
Singh N/A
City of Union City Climate Action Plan
Task Force
Mayank Patel
[email protected]
34009 Alvarado-Niles Road
Union City, CA 94587
(510) 675-5426
Comprised of two (2) Councilmembers, one
(1) Planning Commissioner, one (1) Human
Relations Commissioner, one (1) Parks and
Recreation Commissioner, and two (2)
community members
TBD TBD $0 Sakakihara,
Wang N/A
City of Union City Revenue Review Ad
Hoc Subcommittee
Joan Malloy ([email protected])
Jackie Acosta ([email protected])
34009 Alvarado-Niles Road
Union City, CA 94587
Nishihara,
Singh N/A
Housing Authority of Alameda County
Melissa Taesali
[email protected]
22941 Atherton Street
Hayward, CA 94541-6633
(510) 727-8511 (direct line)
(510) 538-8876
Majority of Alameda County cities oversee
Section 8 and public housing availability
2nd Wednesday
Housing Authority,
Hayward
8:00 a.m. $50/meeting Sakakihara N/A
League of California Cities (LOCC) East
Bay Division
Samantha Caygill
[email protected]
1400 K Street
Sacramento, CA 95814
(510) 473-5418
Takes positions on legislative matters
Every other month
Locations vary between
Alameda County &
Contra Costa County
6:30 p.m. $0 Wang Patiño
New Haven Unified School District Joint
Sub-Committee
34200 Alvarado-Niles Road
Union City, CA 94587
(510) 471-1100
Information sharing and collaboration on City
and School District issues
Quarterly on 4th Monday
/
Rotates between City
and NHUSD
5:30 p.m. $0 Wang,
Nishihira N/A
Union City Chamber of Commerce
Cara L. Milgate | Kris Cerillo
(510) 910-2410
[email protected]
Providing services to the business community
3rd Tuesday of every
month
Chamber Office
12:00 p.m. $0 Wang,
Nishihira Singh
Effective December 10, 2024 2 of 4
25 of 613
City of Union City City Council Assignment and Sub-Committee Appointments to Outside Agency and Advisory Meetings
AGENCY NAME CONTACT INFORMATION MEETING PURPOSE FREQUENCY/
LOCATION MEETING TIME STIPEND PER MEETING
CURRENTLY
ASSIGNED ALTERNATE (IF ANY)
United States Conference of Mayors
1620 I St. NW
Washington, D.C. 20006
(202) 293-7330
The official non-partisan organization of cities
with populations of 30,000 or more. Each city
is represented in the Conference by its chief
elected official, the mayor.
Held January and June
of each year TBD $0 Singh N/A
Effective December 10, 2024 3 of 4
26 of 613
City of Union City City Council Assignment and Sub-Committee Appointments to Outside Agency and Advisory Meetings Agency Name Staff Meeting Purpose Frequency Location Meeting Time Currently Assigned Appointment Ends Arts & Culture Commission Susan Kwan
Vanessa Munoz
Advises on public art installations and promotes art
programs in Union City. Provides guidance to the City
Council and staff on cultural projects.
Every other Month on 3rd Tuesday City Hall - Council Chambers 6:00 p.m. Singh 12/08/2026 Finance Subcommittee Chu Thai
Reviews financial statements and communicates with
external auditors. Receives reports for Tax Oversight
Committees.
As Needed / City Hall City Hall - Council Conference Room TBD Singh, Wang 12/08/2026
Disaster Council Ricardo Martinez
Develops and recommends emergency and mutual aid
plans for Council adoption, ensuring preparedness for
emergencies.
Twice a Year
CERT Trailer
Alameda County Fire Department, Fire
Station 31
33666 Central Avenue
TBD Singh
(per Municipal Code) 12/08/2026
Economic Development
Advisory Team (EDAT)
Gloria Ortega
Kyle Weddington
Advises on economic development programs and
activities, involving local businesses, elected officials, and community members.
Quarterly, First Wednesday of the Month City Hall - Council Conference Room 12:00 p.m. Wang, Singh 12/08/2026
Human Relations Commission Serenity Mlay
Erika Cramer
Promotes human rights and non-discrimination within
Union City. Advises the City Council on social service
programs and fosters international friendships through
Sister City initiatives.
4th Wednesday of every month City Hall - Council Chambers 7:00 p.m. Nishihira 12/08/2026 Legislation and Policy
Committee
Kris Kokotaylo
Joan Malloy
Thai Nam Pham
Addresses issues that require changes to the Municipal
Code and City policies, ensuring up-to-date governance.
As Needed / City Hall
(Monday) City Hall - Council Conference Room 12:00 p.m. Singh, Nishihira 12/08/2026
Parks & Recreation
Commission
Laura Buzo
Tony Silveira
Advises the City Council on city planning, growth, and
development matters, and promotes public interest in
planning and community participation.
2nd Wednesday of every month City Hall - Council Chambers 7:00 p.m. Sakakihara 12/08/2026 Senior Citizens Commission
Chris Valuckas
Ed Rivera
Marissa Vera
Supports a social environment for seniors to live
independently and contribute meaningfully to the
community. Addresses issues relevant to older adults.
3rd Tuesday of every other month
(Jan, March, May, July, Sept, Nov) City Hall - Council Chambers 2:30 p.m. Patiño 12/08/2026 Youth Commission Trish Heuer
Alma Gomez
Provides a platform for discussing youth-related concerns and advises the City Council on youth matters. Represents the interests of Union City’s youth.
2nd Wednesday of every month
(No meetings held during summer break) Kennedy Youth Center 4:00 p.m. Wang 12/08/2026 Effective December 10, 2024 4 of 4
27 of 613
City Council Staff Report Page 1 of 2 December 9, 2025
Staff Report
Agenda Item No. 3.5
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter into a Consulting Services Agreement with Workforce Integrity and Training Solutions (WITS), for an Amount Not to Exceed $100,000, Through June 30, 2027, to Support the Compliance and
Coordination of the Community Workforce Agreement (CWA)
EXECUTIVE SUMMARY
The City Council places a high priority on the use of skilled labor to achieve quality construction outcomes for City projects, as well as on supporting programs that recruit, train, and employ local area residents. As a result of this priority, the City entered into a Community Workforce Agreement (“CWA”) with the Building and Construction Trades Council of Alameda County, attached as Attachment 1.
Staff now recommends that the City Council adopt the attached resolution to authorize the City Manager to enter into a consulting services agreement with Workforce Integrity and Training Solutions (“WITS”) for an amount not to exceed $100,000, through June 30, 2027, to support compliance and coordination under the CWA.
STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan.
BACKGROUND
On August 12, 2025, the City Council adopted Resolution No. 2025-120 authorizing the City Manager to enter into a CWA with the Building and Construction Trades Council of Alameda County for construction projects funded and directed by the City of Union City.
The CWA applies to all City construction contracts exceeding $1,000,000 in value. As a next step in the process, staff is seeking authorization to engage the professional services of WITS to support the administration of the CWA.
28 of 613
Agenda Item No. 3.5
City Council Staff Report Page 2 of 2 December 9, 2025 3 0 DISCUSSION
WITS will support the City in establishing, implementing, and maintaining the CWA strategy and program (see Attachment 2). WITS will provide evaluation and recommendations on bid documents to ensure compliance with the CWA. They will also aid in evaluating solicitations, labor relations, workforce development, supportive services, and all other CWA requests as needed.
Established in 2019, WITS has assembled a team of labor relations, labor compliance, and local hire consultants. WITS has a strong record of working with public agencies and companies throughout the Bay Area to coordinate CWAs and other labor matters, including (partial list) the cities of Pittsburg, Concord, and Dublin; the school districts of Antioch, Martinez, and Pittsburg; and companies such as Chevron and Mott MacDonald.
FISCAL IMPACT
Funding for this agreement was included in the FY 2025-2026 and FY 2026-2027 Adopted Biennial Budget in Account Number 11033001-54110 (General Fund - Public Works/Administration - Professional/Consulting).
While the General Fund includes a budget for contract administration, whenever possible, the cost of administering the CWA will be incorporated into construction contracts to minimize the direct impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to enter into a consulting services agreement with Workforce Integrity and Training Solutions (WITS) for an amount not to exceed $100,000, through June 30, 2027, to support compliance and coordination under the Community Workforce Agreement (CWA).
Prepared by: Joan Malloy, City Manager
Submitted by: Joan Malloy, City Manager
Attachments
1. Attachment 1 - Resolution No. 2025-120, Community Workforce Agreement
2. Attachment 2 - Proposal from Workforce Integrity and Training Solutions (WITS)
3. Draft Resolution Authorizing Agreement with WITS
29 of 613
RESOLUTION NO. 2025-120
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING THE COMMUNITY WORKFORCE AGREEMENT WITH
THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF
ALAMEDA COUNTY AND THOSE SIGNATORY LOCAL UNIONS
WHEREAS, the City Council has expressed a strong desire to ensure labor peace during the construction of City public works projects; and WHEREAS, the timely and successful completion of the City's construction projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training, and employment of local area residents and recognizes the capacity of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the City and the Building Trades Council of Alameda County have negotiated a Community Workforce Agreement (CWA), attached as Exhibit A to this Resolution; and
WHEREAS, the purpose of the CWA is to promote the efficiency of construction operations for the City through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of City public works projects, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and pre-apprenticeship, and community partnership programs for residents of the region.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Council hereby approves and authorizes the City Manager to execute the Community Workforce Agreement, in a form approved by the City Attorney, attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary and appropriate to effectuate the intent of this Resolution. 30 of 613
Resolution No. 2025-120
Workforce Agreement with Building and Construction Trades Council
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of August 2025 by the following vote:
AYES: Councilmembers Nishihira, Patiño, Wang, Vice Mayor Sakakihara, and Mayor Singh
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A Community Workforce Agreement
31 of 613
CITY OF UNION CITY
COMMUNITY WORKFORCE AGREEMENT
Between
THE CITY OF UNION CITY
and
THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA COUNTY
AND THOSE SIGNATORY LOCAL UNIONS
EFFECTIVE as of ___________________
32 of 613
INTRODUCTION/FINDINGS
1st day of January, 2026
, by and between the City of Union City
subcontractors of all tiers, who shall become signatory to this Agreement by signing the (Addendum A)
those local Unions that have executed this Agreement (referred to
PURPOSE
The purpose of this Agreement is to promote the efficiency of construction operations for the City of Union City through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) hereinafter defined and covered by this Agreement, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and preapprenticeship, and community partnership programs for residents of the Local Area hereinafter defined.
RECITALS
projects is of the utmost
importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on Projects and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to the Agreement; and
WHEREAS, the Contractor/Employers and the Union(s) and the City of Union City wish to ensure labor peace at the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process, where both contractors that are signatory to collective bargaining agreements and contractors that are not signatory to collective bargaining agreements are supervising employees; and, WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
33 of 613
City of Union City, CA
Community Workforce Agreement Page 3 of 26
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and
WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq., authorizes public entities to use, enter into, or require contractors to enter into, project labor agreements for construction projects, provided the agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this Agreement; and
WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and WHEREAS, the City of Union City has the absolute right to select the lowest responsive and responsible bidder for the award of the construction contracts; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Projects.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO, AS FOLLOWS:
1 DEFINITIONS
1.1 1.2
executed by each and every Contractor/Employer as a condition of working on the Project.
1.3 Union City.
1.4 of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.
1.5 under which construction is performed for a Project, including those contracts let pursuant to California Public Contract Code Section 22030 et seq., design-build contracts or other contracts for Public Projects as that term is defined in the Uniform Public Construction Cost Accounting Act.
1.6 partnership or corporation (including a prime contractor, general contractor, construction manager, design-build entity, lease-leaseback entity, or equivalent), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of 34 of 613
City of Union City, CA
Community Workforce Agreement Page 4 of 26
the Project, under contract terms and conditions that are approved by the City, and all contractors and subcontractors of any tier.
1.7 of the following
qualifications: he or she (a) appeared on the Contractor/Employer's active payroll for at least ninety (90) of the last one hundred and eighty (180) working days prior to award of a Construction Contract; (b) possesses all licenses and certifications required by applicable state and federal law for the work being performed; (c) has the ability to safely perform the basic functions of the applicable trade as required by law; (d) has worked at least one thousand (1,000) hours in the applicable craft or trade; and (e) is a Local Resident.
1.8 1.9 January 1, 2026.
1.10 pursuant to a Construction Contract has been completed.
1.11 the City of Union City.
1.12 permanently residing in the Local Area, as demonstrated by proof of residency that is not a post office box.
1.13 signatory hereto.
1.14 sponsored into or has been enrolled in a
state-approved apprenticeship training program administered by a Joint Apprenticeship Training Committee for less than two years.
1.15 Effective Date).
1.16 the end of the Term.
1.17 (i)
or the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for the Project, meets or exceeds one million dollars ($1,000,000). All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The
projects as defined in this section, whether used in the singular or plural herein. Projects shall not be divided or split into separate contracts for the purpose of evading coverage under this Agreement.
1.18 Projects and the implementation of this Agreement. 35 of 613
City of Union City, CA
Community Workforce Agreement Page 5 of 26
1.19 as Master Agreement.
1.20 pursuant to California Business and Professions Code section 7125.
1.21 Operative
as those phrases are defined in Section 18.2.
1.22 ounty and
the labor organizations identified on the attached Union Signatures page that become signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement..
1.23 was discharged or released therefrom under conditions other than dishonorable, which is the same meaning set out in 38 U.S.C. § 101(2).
2 SCOPE OF AGREEMENT
2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and the Unions.
2.2 Applicability: During the Operative Term, this Agreement governs all Construction Contracts awarded on a Project as defined. This Agreement shall no longer apply after Completion, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract, when a Contractor performs work under a change order for a Construction Contract, and when start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project are performed pursuant to a Construction Contract.
2.3 Covered Work: This Agreement covers, without limitation, site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of a Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary and permanent HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start up, installation of modular furniture, and final clean up. On-site work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project.
2.3.1 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication for the Project defined 36 of 613
City of Union City, CA
Community Workforce Agreement Page 6 of 26
herein, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).
2.3.2 The furnishing of supplies, equipment or materials that are stockpiled for later use shall in no case be considered subcontracting. However, construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process, as well as the offhauling of soil, sand, gravel, rocks, concrete, asphalt, excavation material, construction debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.
2.3.3 The on-site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of a manufacturer or vendor where provided the manufacturer or vendor can
demonstrate that the work cannot be performed by construction persons employed under this Agreement.
2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of various National Agreements as follows: the National Agreement of Elevator Constructors, the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles 4, 13, and 14 of this Agreement shall apply to such work.
2.4 Exclusions: The following shall be excluded from the scope of this Agreement.
2.4.1 Construction Contracts awarded by entities other than the City.
2.4.2 The current or anticipated operation, maintenance, repair, access to or use of any of the requirements set forth in Section 1.17 . 2.4.3 W California Public Contract Code.
2.4.4 non-construction craft employees such as executives, managerial employees, engineering employees, design employees, supervisors above the level of 37 of 613
City of Union City, CA
Community Workforce Agreement Page 7 of 26
general foreman (unless covered by a Master Agreement), and office, clerical, and administrative personnel that are not performing construction work on the project.
2.4.5 Any non-Project work performed on, near or leading to the site of work covered by this Agreement that is undertaken by state, county, or other governmental bodies or their contractors; or by public or private utilities or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work. Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.
2.4.6 Off-site maintenance of leased equipment and on-site supervision of such work.
2.4.7 Construction Contracts for emergency work performed without formal notice of a competitive solicitation for bids, as expressly permitted by Public Contract Code section 20303, provided the requirements therein are satisfied, unless the emergency work is for a Project or the City orders the emergency work to be subject to a competitive solicitation for bids. Notwithstanding this provision, the City and the Council may agree that this Agreement shall apply to emergency work on a case-by-case basis.
2.4.8 Construction Contracts substantially funded by any federal, state, local or other public agency that prohibits the application of this Agreement. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then the Council and City shall meet and confer to determine if this Agreement can remain in place without applying the specific prohibited provision for the Construction Contract at issue, while still advancing the purposes of this Agreement to the maximum extent feasible. The determination as to whether the Agreement can remain in place for the Construction Contract at issue without applying the specific prohibited provision shall be solely and ultimately made by the City.
2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement, pursuant to California Public Contract Code Section 2500 et. seq. The bidder need only be willing, ready, and able to execute the Agreement to be Bound. This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance. In the event that a Construction Contract extends beyond the Operative Term or any Extended Term, the terms of this Agreement incorporated therein shall survive until Completion, notwithstanding anything to the contrary in this Agreement.
2.6 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time; however, if such a Construction Contract or portion of a Construction Contract is 38 of 613
City of Union City, CA
Community Workforce Agreement Page 8 of 26
later reauthorized, this Agreement shall apply. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or mitigate the
neighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section. For the avoidance of doubt, in the event of any such scheduling modifications, the terms of the applicable Master Agreement shall apply. 3 EFFECT OF AGREEMENT
3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.
3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A. 3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.
3.4 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply.
3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement. 39 of 613
City of Union City, CA
Community Workforce Agreement Page 9 of 26
3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement.
This obligation cannot be relieved, evaded or diminished by subcontracting. Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary obligation.
3.7 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.
3.8 The Unions agree that this agreement does not have the effect of creating any joint employment status between or among the City and/or any contractor or subcontractor. 4 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1 The Council, the Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:
4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit down, stand-in, wobble, boycott, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other facility of the City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article, except that the Unions or construction persons employed on the Projects may not participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project.
4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.
4.1.3 As indicated in Section 4.1.1, there shall be no strike, sympathy strike, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit-down, stand-in, wobble, boycott, or slowdowns of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the Projects and/or failure of the parties to that agreement to reach a new contract. If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike or withhold labor from the Contractor(s) on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the Union(s) and Contractor(s) agree to an interim agreement that will apply until a new Master Agreement is reached, the employees shall work under the terms of the interim agreement until a new or modified Master Agreement is reached between the Union(s) and Contractors(s). If the new or 40 of 613
City of Union City, CA
Community Workforce Agreement Page 10 of 26
modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.
4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or participate in any lockout or cause to be locked out any employee covered under the termination or layoff of employees by the Contractor(s) for any reasons in the exercise of for any
reason.
4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer
when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.
4.1.6 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify, in writing, the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article.
4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.
4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists. 41 of 613
City of Union City, CA
Community Workforce Agreement Page 11 of 26
4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.
4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this erved on all parties by hand or registered
mail upon issuance.
4.2.5 Liquidated Damages: If the Arbitrator determines that a violation of Section 4.1 has occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take all steps necessary to immediately cease such activities and return to work. If the breaching party involved does not cease such activities by the beginning of the next regularly scheduled shift following the expiration of the eight (8) hour period after the pay the sum of ten
thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retail jurisdiction for the sole purpose of determining compliance with this obligation and determining the amount of liquidated damages, if any; but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision.
4.2.6 filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.
4.2.7 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.
4.2.8 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.
42 of 613
City of Union City, CA
Community Workforce Agreement Page 12 of 26
4.2.9 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 5 PRE-JOB CONFERENCES
5.1 Timing: The Project Manager shall convene and conduct, at a physical or virtual location and time agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least ten (10) working days prior to the commencement of any Project work, or the commencement of any Project work under a subsequently awarded Construction Contract.
5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City or their designee may attend at their discretion.
5.3 The pre-job conference shall include but not be limited to the following subjects:
5.3.1 5.3.2 The craft assignments;
5.3.3 The estimated number of craft workers required to perform the work
5.3.4 Transportation arrangements;
5.3.5 The estimated start and completion dates of the work;
5.3.6 Discussion of pre-fabricated materials; and
5.3.7 Discussion of any work to be done by a manufacturer per section 2.3.3.
5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Council shall establish a Joint Administrative Committee Agreement. The JAC shall meet to assess the implementation of this Agreement, review the progress of Projects, and facilitate harmonious relations between the parties. Both the City and the Council shall have the right to call a meeting of the JAC. 6 NO DISCRIMINATION
6.1 The Contractors and the Unions agree to not engage in any form of discrimination on the ground or because of race, color, creed, national origin, ancestry, age, sec, sexual orientation, gender identity, disability or any other basis made illegal by federal, state, and local law against any person, or applicant for employment on the Projects.
7 UNION REPRESENTATION
43 of 613
City of Union City, CA
Community Workforce Agreement Page 13 of 26
7.1 The Contractor(s)/Employer(s) recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.
7.2 The Contractor(s)/Employer(s) shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non-Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the independent requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.
7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project. 8 REFERRAL AND CORE WORKERS
8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Unions shall operate the Job Referral System in a non-discriminatory manner and in full compliance with all federal, state, and local laws and regulations, including those that require equal employment opportunities and prohibit discrimination
8.2 The Contractor(s)/Employer(s), including those that are not signatory to a Master Agreement, shall have the right to reject any applicant referred by the Union(s), to the extent permitted under the terms of the applicable Master Agreement.
8.3 Sole Operators. A Sole Operator self-performing work on a covered Project must abide by the applicable Master Agreement, and must obtain a dispatch from the Union hiring hall if required. If the Sole Operator hires an employee(s), the employee(s) must be dispatched in conformance with this Agreement. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements.
8.4 Core Workers
8.4.1 A Contractor may request by name, and the local Union shall honor, referral of Core Workers. The Union will first refer to such Contractor one (1) worker from the applicable lternating
procedure shall repeat until such Contractor/Employer has hired a maximum of five (5) Core Workers. Thereafter, all additional employees shall be hired exclusively from the applicable hiring hall out-of-work list. For the duration of the Contrac shall be maintained and when the Contractor's workforce is reduced, employees shall be reduced in reverse order and in the same ratio of Core Workers to hiring hall referrals as was applied in the initial hiring. This Section applies only to employers not signatory to a Master Agreement and is not intended to limit the transfer provisions of the Master 44 of 613
City of Union City, CA
Community Workforce Agreement Page 14 of 26
Agreement of any trade. As part of this process, and in order to facilitate contract administration procedures and the appropriate fringe benefit fund coverage, all Contractors shall require their Core Workers to register with the appropriate Union hiring hall and be dispatched to the Project prior to starting work.
8.4.2 Upon request by any Party to this Agreement, including the applicable Union, the Contractor employing any Core Worker shall provide satisfactory proof (i.e., payroll qualification as a Core Worker to the City and the Council.
8.4.3 Prior to each Contractor performing any Covered Work on a Project, such Contractor or subcontractor shall provide a list of its Core Workers to the City and the Council. Failure of such a Contractor to do so will result in that Contractor being prohibited from using any Core Workers on that Construction Contract.
8.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman they consider necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.
8.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires any worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project. 9 WAGES AND BENEFITS
9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s).
9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).
9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement.
Where a subject is covered by the Master Agreement and not covered by this Agreement, the 45 of 613
City of Union City, CA
Community Workforce Agreement Page 15 of 26
Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.
9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.
9.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be performed by an individual who has graduated from a state-approved apprenticeship program. All apprentices working on fire protection systems shall be registered with a state-approved apprenticeship program.
10 LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT
10.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local Area residents and to use resources in the Local Area in construction of the Project. It is the objective of the parties that not less than twenty-five percent (25%) of all hours worked on the Project will be worked by residents of the Local Area and the local communities described in the priority tiers below. The Unions will exert their utmost efforts to recruit sufficient numbers of craft persons that are Local Residents to fulfill the referral requirements of the Contractor(s)/Employer(s).
To the greatest extent allowed by law, and to the greatest extent co hall provisions, and as long as they possess the requisite skills and qualifications, the Unions agree that residents of the Local Area shall be first referred for Project work, including journey-level workers and apprentices covered by this Agreement. While the objective is to utilize as many workers from the Local Area as possible, the parties recognize that it may not always be practicable.
The parties therefore agree that the dispatch and employment of workers shall be in the following priority:
Priority 1: Residents of the City of Union City
Priority 2: Residents of the Cities of Fremont, Newark, and Hayward Priority 3: Residents of Alameda County
Priority 4: All other areas
10.2 Apprenticeship and Workforce Development:
10.2.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.
10.2.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.
10.2.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.
46 of 613
City of Union City, CA
Community Workforce Agreement Page 16 of 26
10.2.4 Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6, Contractor(s)/Employer(s) shall hire one (1) New Apprentice for the first one million Thereafter, Contractor(s)
will be required to hire one (1) New Apprentice for every five million dollars ($5,000,000) timate. The New Apprentice(s) must work a minimum of
lize New Apprentices
to the fullest extent permissible by state law and the Master Agreements.
10.2.5 The Contractor may deploy the apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the craft on the City of Union City project. Certified Payroll must reflect the hours worked. The Contractor must fully document efforts to hire a New Apprentice, through the following steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting a minimum of three (3) MC3-certified or Union pre-apprenticeship training programs for the applicable craft or trade for referral of Local Residents.
10.2.6 There can be no more than one (1) entry-level New Apprentice for each craft, provided said crafts have apprenticeship openings and the general contractor will be able to include New Apprentices hired by their subcontractor to meet this requirement. The Unions will agree to cooperate with the Contractor(s) in furnishing apprentices as requested and the hiring of the apprentices will be in accordance with the Apprenticeship provisions listed in the Master Agreements and/or the Union agreements with the Division of Apprenticeship Standards, and the apprentices shall be properly supervised and paid in accordance with provisions contained within the Master Agreements. The Unions and Contractor(s)/Employer(s) shall cooperate with local pre-apprenticeship programs to ensure Local Residents have the opportunity to apply for and enter into the apprenticeship programs.
10.2.7 Failure of Contractors and their subcontractors to maintain qualified apprentices on the job will be subject to corrective action and, if not corrected, monetary penalties, as determined by the Joint Administrative Committee as identified in Article 12.
10.2.8 Enforcement, Compliance & Reporting: Contractors will be required to submit Certified Weekly Payrolls to the City along with monthly workforce utilization reports documenting Article 10. At a
minimum the monthly reports must include 1) data on Local Residents work hour utilization on a craft by craft basis, 2) number of New Apprentices hired and the hours they have worked, 3) documentation showing any requests made to the Union dispatchers for Local according to the Grievance and Arbitration procedure outlined in Article 13.
10.3 Community Workforce Partnerships. The parties recognize the need to build within the region a providing career opportunities and of developing adequate numbers of competent workers in the construction industry. In furtherance of these goals, the parties agree to work together in good faith, and in partnership with the Construction Trades Workforce Initiative (CTWI), and in conjunction with other interested community-based organizations, to identify and develop an initiative or multiple initiatives to connect residents of the region with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals. 47 of 613
City of Union City, CA
Community Workforce Agreement Page 17 of 26
10.4 Helmets to Hardhats.
10.4.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.
10.4.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. 11 COMPLIANCE
11.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions, and not the City, to investigate and monitor compliance with the provisions of Article 9 of this Agreement. Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City or its designee shall comply with its obligations thereunder as well as this Agreement. 12 JOINT ADMINISTRATIVE COMMITTEE
12.1 shall be comprised of two (2) representatives selected by the City and two (2) representatives selected by the Council. The City and the Council shall designate alternates who may serve in the absence of the designated representatives for any purpose. The JAC shall meet quarterly, or at the request of any Party to the Agreement, including Contractor(s)/Employer(s), to review the implementation of the Agreement, review progress of the Projects, and resolve concerns or issues relating to the administration of the Agreement; however, the JAC may not change, amend, add to or detract from any of the provisions of the Agreement. The Project Manager shall convene and facilitate the quarterly meetings and any other meetings as requested.
12.2 The City and Council representatives shall report on Project progress and provide ongoing workforce projections to facilitate efficient construction and compliance with the Local Hire goal.
12.3 The JAC shall convene in an effort to resolve any grievance filed pursuant to Article 13 by unanimous vote, with such resolutions to be final and binding on all signatories to the Agreement. The failure of any party to attend said hearing shall not delay the hearing or issuance of an award by the JAC, and in the absence of any party to the grievance, the hearing may proceed ex parte. If the JAC is unable to resolve the grievance, the grievance may be referred in accordance with Step 3 of Article 13.
48 of 613
City of Union City, CA
Community Workforce Agreement Page 18 of 26
12.4 In the event the City has received no bids for a Project, the City may convene a meeting of the JAC to discuss the bidding requirements, the pool of available contractors for the work, and whether this Agreement had an impact on bidding outcomes. Upon mutual agreement, the JAC may determine that application of this Agreement should be waived for the Project in question.
12.5 The City or the Council may, at any time, request an emergency meeting of the JAC to address and resolve concerns or issues relating to the administration of this Agreement. Upon a request for an emergency meeting, the JAC shall convene within three (3) business days. 13 GRIEVANCE ARBITRATION PROCEDURE
13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article 4 and Article 14, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.
13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.
13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.
13.4 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.
Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Joint Administrative Committee for final and binding decision by majority vote, as set forth in Article 12. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its Inte rnational Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.
49 of 613
City of Union City, CA
Community Workforce Agreement Page 19 of 26
Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article 4, or if not available, the alternate arbitrator designated in Article 4, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.
1. William Riker
2. Carol Vendrillo
3. Morris Davis
13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement.
The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.
13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.
13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.
13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail. The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.
13.9 Should any of the arbitrators listed in this Article or Article 4 no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
14.1 The assignment of Covered Work will be solely the responsibility of the Contractor(s)/Employer(s) performing the work involved; and such work assignments will be in 50 of 613
City of Union City, CA
Community Workforce Agreement Page 20 of 26
accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction
14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractor(s)/Employer(s) shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor(s)/Employer(s) and Unions parties to this Agreement.
14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.
14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slowis resolved. Individual employees violating this section shall be subject to immediate discharge.
14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work.
The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together. 15 MANAGEMENT RIGHTS
15.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized. 16 DRUG AND ALCOHOL TESTING
16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. In addition, the use and/or sale of tobacco or vaping products on City property is prohibited.
16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.
17 SAVINGS CLAUSE
17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, 51 of 613
City of Union City, CA
Community Workforce Agreement Page 21 of 26
by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.
17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.
17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article
4. 18 TERM
18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project.
18.2 The Operative Term shall be a period of five (5) years. Prior to the five (5) year anniversary of the Operative Date of this Agreement, the City and the Council shall meet to discuss proposed changes to the Agreement and/or whether the agreement should be extended for an additional period or Absent changes or termination, the Agreement shall
automatically continue for successive one (1) year Extended Terms. Notice of termination shall be provided via e-mail, personal service or regular mail, at least 30 days prior to the end of the Operative Term or Extended Term, as applicable.
19 MISCELLANEOUS PROVISIONS
19.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.
19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original.
Faxed or emailed PDF signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures. The Parties agree that the Agreement may be executed using electronic signatures so long as they are valid and enforceable under California law.
19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.
19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions 52 of 613
City of Union City, CA
Community Workforce Agreement Page 22 of 26
of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. [SIGNATURES TO FOLLOW]
53 of 613
City of Union City, CA
Community Workforce Agreement Page 23 of 26
CITY: COUNCIL:
CITY OF UNION CITY, a California Municipal Building and Construction Trades Council of Corporation Alameda County , AFL-CIO
By: ______________________________ By: ___________________________________ _________________, City Manager Andreas Cluver, Secretary-Treasurer Date: ______________________________ Date: ___________________________________ 54 of 613
City of Union City, CA
Community Workforce Agreement Page 24 of 26
SIGNATORY UNIONS
55 of 613
City of Union City, CA
Community Workforce Agreement Page 25 of 26
ADDENDUM A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: Community Workforce Agreement for the City of Union City Agreement to be Bound
Dear ________________:
The undersigned confirms that it agrees to be a party to and bound by the Community Workforce Agreement for the City of Union City , as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 9.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).
The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned, and the undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This Agreement to Be Bound shall survive the end of the Term of the Agreement, as specified in Section 2.5 of the Agreement.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________ 56 of 613
City of Union City, CA
Community Workforce Agreement Page 26 of 26
160063\1572846
57 of 613
WORKFORCEINTEGRITY
AND TRAINING SOLUTIONS
WITS
PROPOSAL
to
CITY OF UNION CITY
Workforce Integrity & Training Solutions
NOVEMBER 6, 2025
58 of 613
November 6, 2025
Joan Malloy
City of Union City
City Manager
34009 Alvarado Niles Rd
Union City, CA, 94587
Dear Joan. Malloy,
Workforce Integrity and Training Solutions, LLC (WITS), is excited to submit our proposal to the City of Union City. WITS would like to provide services utilizing our assembly of highly experienced Project Labor Agreement (PLA) and Community Workforce Agreements (CWA) Compliance and Coordination team. WITS is a consultant to multiple public agencies, including the Building Trades of Council of Alameda County, Contra Costa Building and Construction Trades Council (CCBCTC), City of Dublin, City of Hayward and the Santa Cruz Water Department.
We believe we are proposing a team of All-Stars in the world of PLA's/CWA's. Some members of our team have worked in their areas of expertise since the late 1980s. In addition to the years of experience, we can also provide the City of Union City with the newest technology, including mobile-friendly web-based tools, real-time reporting, and algorithm-driven data analytics.
This background continues to put us in a unique position to provide the City of Union City with the highest labor relations and workforce development service levels. We believe that we provide the best overall value because our team is extremely knowledgeable and experienced; we can accomplish more in fewer hours.
We know from our years of experience that the key to the success of PLA's/CWA's is communication. This skill is also key when speaking with tradespersons on site and we have a bi-lingual team who can engage with workers from different parts of the world.
We have partnered with Google for video conferencing, schedule coordination, and cloud-based access to PLA related documents and reports.
As stated above, we would like the opportunity to establish, implement, and maintain the City of Union City's complete industrial relations strategy and program. This program/ strategy will provide the evaluation/recommendations for bid documents, aid in the evaluation of solicitations, labor relations, workforce development, small business impact analysis, supportive services and all other CWA requests as needed. This proposal does not include the small business supportive services at this time. The solutions we offer directly connect to the CWA itself, including providing the City with the best practices for implementing your Community Workforce Agreement, getting Union City residents construction employment, and insuring the prevailing wage compliance monitoring on your projects.
If you would like to reach us, please contact:
WORKFORCEINTEGRITY
AND TRAINING SOLUTIONS
WITS
PRENTISS A. JACKSON, JR., Principal-in-Charge
Workforce Integrity and Training Solutions
6315 Roanoke Road, Oakland, CA 94618
(510) 502-9180
| [email protected]
59 of 613
3 Introduction Letter .................................................................2 Section 1 Company Profile Approach ..................................4 Section 2 Organizational Structure.......................................6 Section 3 Project Team…………………..................................8 Section 4 Fee Schedule ........................................................12
TABLE OF CONTENTS
W o r k f o r c e I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿ N o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 60 of 613
SECTION 1
Company Profile and Approach
61 of 613
5 SECTION 1
PLA COMPANY
PROFILE APPROACH
Workforce Integrity and Training Solutions,
LLC, (WITS) (DUNS: 081979330) has many
years of experience administering Project
Labor & CommunityWorkforceAgreements
representing over 10 billion dollars in
construction.
Established in 2019, we have assembled a
team of labor relations, labor compliance,
local hire consultants who will provide the
City of Union City with best-in-the-nation
level policy and procedure
recommendations and CWA/PLA
implementation.
Members of our team have labor relations
expertise that beginning in the mid
1970s and pre-apprenticeship program
experience that began thirty years ago!
Our team has experience implementing
PLAs and ensuring labor compliance on
100s of construction projects. This team
has experience working together, and the
management team has worked successfully
under the direction of WITS principal,
Ardis Graham. The field team's expertise in
the construction industry and outreach is
unparalleled in prevailing wage compliance.
We believe that there are few companies
that, in so short a time, have had a more
considerable impact on the world of labor
relations. "As mention in the introduction
letter” when we founded WITS, we set out
to be the best in the world at providing
labor relations services, and we believe we
are well on our way. For starters, we are one
of the few consultancies that count as their
PLA advising/administration clients: Labor,
Management, and Project Owners. We will
refer to these relationships throughout the
proposal. In sum, we believe our ongoing
contracts with the three parties of PLAs -
none in conflict with each other - positions
WITS to provide City of Union City the
absolute best possible CWA coordination.
School Facility
Expertise
Prevailing Wage
Compliance Local Hires
Certified Payroll
Monitoring
LCP
Implementatio
n
Experience
(Prop 84)
Site Visits
After a careful review of the City of Union City CWA, we believe there are several fundamental aspects of effective
implementation.
ÿ Facilitate Labor-Management Relations
ÿ Facilitate Pre-Job Conferences
ÿ Implement and ensure the success of the workforce programs (local hire) ÿ Facilitate compliance with the jurisdiction dispute resolution procedure ÿ Facilitate grievance procedures when applicable
Workforce Integrity and Training Solutions, has Experience Coordinating many different PLAs . Our oldest client is the Contra Costa Building and Construction Trades Council (CCBCTC). As we administer all of the PLAs for CCBCTC, our experience is broad and includes everything from oil refineries to school districts.
Our work includes a wide range of projects, including
design-build, multi-phase projects, and managing the school year and summer project scheduling constraints.
Here's a shortlist of school district PLAs we coordinate for CCBCTC:
ÿ Antioch Unified School District;
ÿ John Swett Unified School District;
ÿ Martinez Unified School District;
ÿ Pittsburg Unified School District; and (add a footnote about CS Associates) ÿ Contra Costa County Community College District.
We also coordinate non-school district PLA's/ CWA's and Davis Bacon Requirements for the following:
ÿ Marathon Oil Refinery ÿ City of Dublin
ÿ Phillips Petroleum ÿ City of Santa Cruz
ÿ Chevron ÿ HDR
ÿ Diablo Energy Storage ÿ Mott MacDonald
ÿ City of Pittsburg
ÿ City of Concord
ÿ Contra Costa County Department of Public Works
W o r k f o r c e I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿ N o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 62 of 613
SECTION 2
Organizational Structure
63 of 613
SECTION 2
W o r k f o r c e 7I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿ N o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 64 of 613
SECTION 3
Project Team
65 of 613
W o r k f o r c e I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿ N o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 9 SECTION 3
PRENTISS JACKSON
PRINCIPAL-IN-CHARGE
Workforce Integrity and Training Solutions
PLA ADMINISTRATION & LABOR RELATIONS EXPERIENCE
Since 2009, Prentiss Jackson has administered PLAs and/or managed the labor relations for projects that cover $7 billion in construction spending for the City and County of San Francisco and Mortenson|Clark Construction. Mr. Jackson is responsible for coordinating private and public projects throughout the San Francisco Bay Area covering a wide range of project types from new construction, remodels, complete rebuilds, and supporting projects (roads, etc.)
Prentiss Jackson is an expert in labor
relations, prevailing wage, local hire, and
pre-apprenticeship.As the lead person
for WITS CWA/PLA Coordination
Services, he will provide the the City of
Union City with knowledgeable
leadership in all PLA areas. Mr. Jackson
also provides direct CWA & PLA
Administration, Workforce and Small
Business experience on a diverse array of
projects including for several cities and
school Districts
CONTRACTOR EDUCATION EXPERIENCE
Prentiss began training prime contractors and small businesses about PLA requirements in 2010. He has also facilitated well over 200 workforce compliance training workshops and meetings for contractors and project owners
LOCAL HIRE & SMALL BUSINESS EXPERIENCE
Prentiss has advocated for educational and employment opportunities for the Bay Area’s most vulnerable populations for over 20 years. He has worked within and/ or alongside the Government, Non-Profit and Private sectors to assist, advise and create opportunities for the small business and workforce and Educational communities within the construction industry. Via partnerships with numerous community-based organizations, labor unions, labor organizations, private industry and government agencies, he works to fill the gaps that exist for many Bay Area residents.
Prentiss attended Chabot and Peralta Colleges before graduating from San Francisco State University majoring in Urban Studies and Planning. He also has a certificate from the Clemson University Department of Construction Science and Management and is a Willie L. Brown, Jr. fellow. He has received service awards from A. Philip Randolph Institute, California State Assembly- David Chiu, California State Assembly- Phil Ting, California State Board of Equalization- Malia Cohen, California State Senate- Scott Wiener, Cornerstone Institute for Anointing - Wayne H. Perry, and San Francisco Office of the Mayor- Mayor London Breed
PRE-APPRENTICESHIP TRAINING AND
JOB PLACEMENT EXPERIENCE
Prentiss began working with and/or alongside Pre-Apprenticeship programs either recruiting or training young adults in 2004. He has worked closely with Employment Development Departments successfully facilitating the creation of over 1500 job placements for San Francisco Bay Area residents.
66 of 613
10 W o r k f o r c e I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿN o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 67 of 613
11 SECTION 3
SHIRLEY TREVINO
LABOR COMPLIANCE EXPERT
Workforce Integrity and Training Solutions
LABOR COMPLIANCE EXPERIENCE
Shirley Trevino is a bi-lingual Labor Compliance Expert who has experience workingas a Deputy Labor Commissioner for the California Department of Industrial Relations (DIR), San Francisco’s Office of Labor Standards Enforcement, and consulting on multiple locally and federally funded projects for municipalities and public agencies throughout California.
Shirley Trevino is a bi-lingual Labor
Compliance Expert who has experience
working as a Deputy Labor Commissioner
for the California Department of
Industrial Relations (DIR), OLSE, and
as a consultant working on multiple
locally and federally funded projects
for municipalities and public agencies
throughout California. Mrs. Trevino
and
Mr. Graham together will share the duties
of training project and construction
management staff on prevailing wage
compliance methods.
LABOR RELATIONS EXPERIENCE
Shirley Trevino began working in labor relations in 1975, eventually becoming the Agricultural Labor Relations Board - Chief of Operations. Ms. Trevino started working in San Diego County in 1988, where she provided labor relations expertise for several San Diego County schools. Representing educators and staff to negotiate wages and benefits at Southwestern College, San Diego City College, Mesa College Mira Mar College, Poway, Encinitas, and Escondido School Districts. Additionally, she represented members in hearings, identified and developed member leaders, chapter officers, and stewards..
WORKFORCE DEVELOPMENT EXPERIENCE
Mrs. Trevino began administering and implementing - Center for Employment Training’s (CET) program for participants with multiple employment barriers in 1990. While at CET, Mrs. Trevino created a Medical Technician training program, which would be on par with a pre-apprenticeship program today.
W o r k f o r c e I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿ N o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 68 of 613
SECTION 4
Fee Schedule
69 of 613
13 FEE SCHEDULE
— CWA Administration
(with Detailed Local Hire Coordination
& Labor Compliance)
— Pre-job Conference Coordination,
Facilitation and Minutes- $300 /
meeting
— JAC Meeting Coordination and
Facilitation - Hourly Based on Need
— Labor Compliance Services with site
visits - Hourly Based on Need
SECTION 4
The hourly rate listed does not include the Safe Harbor Indirect Cost Rate, which by memo dated July 2023 the California Department of Transportation deemed as consistent with the Federal Cost Principles of Title 48 of the Code of Federal Regulations §31 (8 CFR 31).
W o r k f o r c e I n t e g ri t y & T r ai ni n g S ol u ti o n s ÿ N o v em be r 6, 2025 ÿ P r o p o s al to City of Union City 70 of 613
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTING
SERVICES AGREEMENT WITH WORKFORCE INTEGRITY AND
TRAINING SOLUTIONS (WITS), FOR AN AMOUNT NOT TO EXCEED
$100,000, THROUGH JUNE 30, 2027, TO SUPPORT THE COMPLIANCE
AND COORDINATION OF THE COMMUNITY WORKFORCE
AGREEMENT (CWA)
WHEREAS, the City Council places a high priority on the use of skilled labor that will result in quality construction outcomes for City projects, as well as support programs for the recruitment, training, and employment of local area residents; and WHEREAS, because of this priority, the City Council approved Resolution No. 2025-120, authorizing the City Manager to enter into a Community Workforce Agreement (“CWA”) with the Building and Construction Trades Council of Alameda County; and
WHEREAS, to ensure the proper administration and oversight of the CWA, the City sought the professional services of Workforce Integrity and Training Solutions (“WITS”); and
WHEREAS, WITS will provide evaluation/recommendations on bid documents to ensure compliance with the CWA, and will also aid in the evaluation of solicitations, labor relations, workforce development, supportive services, and all other CWA requests as needed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and authorizes the City Manager to enter into a consulting services agreement with Workforce Integrity and Training Solutions (WITS), in a form approved by the City Attorney, for an amount not-to-exceed $100,000, through June 30, 2027, to support the compliance and coordination of the Community Workforce Agreement (CWA).
BE IT FURTHER RESOLVED that funding for this agreement was included in the FY 2025-2026 and FY 2026-2027 Adopted Biennial Budget in Account Number 11033001-54110 (General Fund - Public Works/Administration - Professional/ Consulting).
71 of 613
Resolution No. 2025-XXX
WITS Compliance and Coordination of the CWA
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of December 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
72 of 613
City Council Staff Report Page 1 of 2 December 9, 2025
Staff Report
Agenda Item No. 3.6
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving an Amendment to the City’s Compensation Plan and Adopting a Side Letter Agreement Between the City of Union City and the Operating Engineers, Local 3:
Professionals’ Employee Group to Create the Position of Senior Environmental Programs Inspector and Approving An Amendment To The City’s Classification And Compensation Plan And Salary Schedule In Conformance With California Code Of Regulations, Title 2, Section 570.5
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving the newly established classification of Senior Environmental Programs Inspector and updating the Classification and Compensation Plan to include the classification of Senior Environmental Programs Inspector.
STRATEGIC PLAN ALIGNMENT
This item is in alignment with the following City Council priority:
Goal B: Governance and Organization Effectiveness
Strategy 1: Align the provision of critical city services and Strategic Plan implementation with current staffing levels.
BACKGROUND
As part of the development of the classification of the Senior Environmental Programs Inspector job duties and the needs of the City's Economic and Community Development Department relative to align position functions with appropriate qualifications and experience expectations, staff recommends establishing the new classification specification of Senior Environmental Programs Inspector.
DISCUSSION
The proposed classification specification establishes the new Senior Environmental 73 of 613
Agenda Item No. 3.6
City Council Staff Report Page 2 of 2 December 9, 2025 2 9 Programs Inspector classification to align with the needs of the Economic and Community Development Department, to establish the necessary experience and skills expected for the role and to support the programs and services administered in the Environmental Programs Division of the Economic and Community Development Department. This classification was cultivated in collaboration between the Human Resources Department and the Economic and Community Development Department leadership. The salary for this position underwent review in consideration of both the external market comparisons as well as the position’s relationship internally to the job series and division structure. The City met in good faith with Operating Engineers, Local 3: Professionals’ Employee Group (“OE3 PEG”) and other bargaining units as required by law and has established both the classification specification and the salary determination as follows:
Bargaining
Unit Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Professionals
Senior
Environmental
Programs Inspector 10,934 11,481 12,055 12,657 13,290
FISCAL IMPACT
There is no fiscal impact with the recommended action as funding for this new position was included in the FY 2025-2026 & FY 2026-2027 Adopted Biennial Budget.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Compensation Plan and adopt a side letter agreement between the City and OE3 PEG to create the position of Senior Environmental Programs Inspector and approving an amendment to the City’s classification and compensation plan and salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5.
Prepared by: Jason Castleberry, Human Resources Director Submitted by: Jason Castleberry, Human Resources Director Attachments
1. Draft Resolution
2. Senior Environmental Programs Inspector Job Description
3. FY 2025-2026 Classification and Compensation Plan
74 of 613
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING THE NEWLY ESTABLISHED CLASSIFICATION OF
SENIOR ENVIRONMENTAL PROGRAMS INSPECTOR AND UPDATING
THE CLASSIFICATION AND COMPENSATION PLAN TO INCLUDE THE
CLASSIFICATION OF SENIOR ENVIRONMENTAL PROGRAMS
INSPECTOR
WHEREAS, the City has undertaken an inquiry and recommends that the City Council approve the newly established classification of Senior Environmental Programs Inspector and update the classification and compensation plan to include the classification of Senior Environmental Programs Inspector; and WHEREAS, City staff has undertaken an analysis of necessary updates to the classification and compensation plan to establish the class specification for the classification of Senior Environmental Programs Inspector; and WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the accuracy and clarity for the classification of Senior Environmental Programs Inspector.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the establishment of the classification of Senior Environmental Programs Inspector, attached hereto and incorporated herein by reference, effective December 9, 2025.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed establishment of the class specification and salary of Senior Environmental Programs Inspector.
75 of 613
Resolution No. 2025-XXX
Senior Environmental Programs Inspector
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9th day of December 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
76 of 613
1 SENIOR ENVIRONMENTAL PROGRAMS INSPECTOR
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code:
Created: 8/21/2025
Revised: N/A
DEFINITION:
Under general supervision of the Environmental Programs Manager, the Senior Environmental Programs Inspector conducts complex program activities and advanced facility investigations to determine compliance with hazardous materials laws and regulations. This classification is responsible for implementing Certified Unified Program Agency (CUPA) requirements, including hazardous materials business plan, hazardous waste generator, on-site hazardous waste treatment, underground storage tank, Aboveground Petroleum Storage Act, and California Accidental Release Prevention programs. The Senior Environmental Programs Inspector plays a key role promoting community health and safety by evaluating chemical storage and use practices, identifying violations, and enforcing corrective actions.
CLASS CHARACTERISITICS:
This is a senior-level, professional classification that requires the use of independent judgment in the field to perform complex inspections and investigations to determine and enforce compliance with hazardous materials management laws, regulations, and standards.
The Senior Environmental Programs Inspector is distinguished from the Environmental Programs Inspector position by the advanced competencies and technical training required in all aspects of the CUPA Program. The Senior Environmental Programs Inspector is distinguished from the next higher class of Environmental Programs Manager, in that the latter manages and administers the Certified Unified Program Agency (CUPA) program for the City of Union City and the Clean Water inspection program for commercial and industrial facilities.
EXAMPLES OF DUTIES (illustrative only):
• Conduct compliance inspections of CUPA regulated businesses, focusing on the most technical programs, including California Accidental Release Prevention, Underground Storage Tank, and Onsite Hazardous Waste Treatment. • Prepare CUPA-related reports to the State, review technical building permit plan submittals, and write zoning Use Permit conditions of approval. • Compile, submit, and coordinate with the Water Board on timely submission of State reports including semi-annual UST Report 6 and Federal Energy Policy Act compliance reporting.
• Provide advanced support for state CUPA Evaluation submittals and deficiency corrections.
77 of 613
2 • Analyze and interpret hazardous materials and hazardous waste analytical laboratory results.
• Participate in the citywide Development Review Committee as a technical expert for hazardous materials.
• Gather evidence and prepare CUPA formal enforcement case file, including writing Administrative Enforcement Orders.
• Assist in spill or discharge investigations and provide technical support at emergency response incident scenes.
• Serve as a technical resource to the Planning Division for industrial zoning determinations and the Building Division for Occupancy classification. • May stand in for the Environmental Programs Manager and act as CUPA Manager in their absence.
• Perform other duties as required.
QUALIFICATIONS
Any combination of experience and training that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
EDUCATION AND EXPERIENCE:
Three (3) years of qualifying experience in CUPA hazardous materials management, including conducting routine compliance inspections in CUPA program elements and participating in formal administrative enforcement actions.
And Meets education requirements as specified by Cal. Code Regs. Tit. 27, § 15260 by:
PATTERN I
Bachelor’s degree from an accredited college or university with major coursework in biology, microbiology, chemistry, chemical engineering, environmental health, environmental science, fire science, fire technology, geology or soil science, hazardous materials management, industrial hygiene, physics, physical science, sanitary engineering, or toxicology.
OR PATTERN II
Registration as an Environmental Health Specialist.
OR PATTERN III
Thirty (30) semester units or forty-six (46) quarter units from an accredited college or university or other institution in biology, microbiology, chemistry, chemical engineering, environmental health, environmental science, fire science, fire technology, geology or soil science, hazardous materials management, industrial hygiene, physics, physical science, sanitary engineering, or toxicology. One year of 78 of 613
3 qualifying experience in hazardous materials management, regulation, analysis, or research, environmental research, monitoring, surveillance, enforcement, or resource recovery may be substituted for a maximum of fifteen (15) semester units or twentythree (23) quarter units.
LICENSE AND CERTIFICATIONS:
Possession of a valid California Driver’s License.
Possession of International Code Council (ICC) certification as an UST Inspector is required within six (6) months of employment. Maintenance of the ICC certification is a requirement for continued employment.
Successful completion of the California Environmental Protection Agency’s Above Ground Storage Tank Inspector training program is required within six (6) months of employment.
A forty (40) hour OSHA HAZWOPER certification must be obtained and maintained once hired as a condition of employment.
KNOWLEDGE AND ABILITIES:
Knowledge Of:
• Federal and state requirements governing hazardous materials management and CUPA program responsibilities.
• Citywide planning, licensing and permitting activities. • Fire and life safety education, employee training documentation, disaster and emergency response planning.
• Administrative Enforcement Order penalty assessment and negotiation techniques.
• Sampling methodologies and use of instrumentation for detecting and sampling hazardous substances.
• Advanced inspection and investigation techniques, and ability to effectively communicate corrective action requirements.
• California Environmental Reporting System (CERS) database operations. • Interviewing, enforcement case development, collection and preservation of evidence, and chain-of-custody documentation.
Ability To:
• Work independently and/or with minimal supervision.
• Analyze, interpret, and apply laws, codes, regulations, ordinances, policies, and procedures.
79 of 613
4 • Interpret technical plans and specifications, analytical laboratory data, and reports.
• Conduct thorough inspections of hazardous materials facilities. • Identify environmental, health and safety hazards, and recommend effective corrective actions.
• Communicate effectively verbally and in writing.
• Interact tactfully and effectively with the public, City employees, and with owners/operators of facilities.
• Operate a personal computer and use a variety of database systems.
WORKING CONDITIONS, ADA, AND OTHER REQUIREMENTS:
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.
Positions in this class typically require sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, grasping, and ability to perform repetitive motions. This position lifts/carry items up to approximately 15 pounds (e.g., laptop, paper files, etc.). Performs inspections, attends trainings, and responds to emergencies in an industrial/non-office setting.
Travel: Positions in this class may require local and statewide travel as necessary. 80 of 613
Amendment #2: August 12, 2025 - Resolution No. 2025-113 Amendment #3: December 9, 2025 - Resolution No. 2025-XXX City of Union City
Classification and Compensation Plan
FY 2025-2026
Effective: December 9, 2025
Amendment #1: August 12, 2025 - Resolution No. 2025-112 81 of 613
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,937
City Council 10020 Council Member 2,125
City Manager 20010 City Manager 29,406
UNREPRESENTED Min. Range Max.
Dept. Heads 20015 Assistant City Manager/Chief Financial Officer 18,581 22,331 Dept. Heads 20020 Deputy City Manager 17,902 21,472
Dept. Heads 20470 Community & Recreation Services Director 17,457 20,930 Dept. Heads 20515 Economic & Community Development Director 17,457 20,930 Dept. Heads 20275 Finance Director 17,457 20,930
Dept. Heads 20280 Human Resources Director 17,457 20,930 Dept. Heads 20290 Information Technology Director 17,457 20,930 Dept. Heads 40010 Police Chief 25,624 26,649 27,715 28,824 29,977 Dept. Heads 20710 Public Works Director 17,786 21,332
Unrep'd. Mgmt. 21050 Assistant to the City Manager 15,075 18,103 Unrep'd. Mgmt. 21185 Chief Human Resources Officer 15,830 19,009 Unrep'd. Mgmt. 21315 Chief Technology Officer 15,830 19,009 Unrep'd. Mgmt. 20030 City Clerk 12,515 13,088 13,691 14,323 14,988 Unrep'd. Mgmt. 21410 Deputy Police Chief 22,307 23,353 24,452 25,602 26,817 Unrep'd. Mgmt. 20145 Human Resources Analyst I 8,473 8,845 9,236 9,647 10,078 Unrep'd. Mgmt. 20155 Human Resources Analyst II 10,361 10,830 11,321 11,833 12,374 Unrep'd. Mgmt. 20180 Human Resources Manager 13,231 13,840 14,476 15,147 15,850 Unrep'd. Mgmt. 20930 Supervising Construction Inspector 10,745 11,232 11,745 12,282 12,846 Unrep'd. Non-Mgmt. 21010 Administrative Specialist - Confidential 7,238 7,602 7,982 8,382 8,802 Unrep'd. Non-Mgmt. 30800 Human Resources Technician 7,633 8,016 8,407 8,837 9,274 OPERATING ENGINEERS LOCAL 3, MANAGEMENT EMPLOYEES GROUP (OE3-MEG) Management 20360 Accounting Manager 12,846 13,438 14,055 14,706 15,388 Management 20590 Chief Building Official/Senior Plans Examiner 14,780 15,459 16,177 16,925 17,716 Management 20810 City Engineer 16,604 17,379 18,191 19,042 19,938 Management 20505 Clinical Supervisor 9,870 10,307 10,765 11,246 11,751 Management 20650 Communications & Marketing Manager 12,302 12,910 13,518 14,117 14,725 Management 20450 Community & Recreation Services Manager 12,956 13,551 14,178 14,834 15,525 Management 20508 Community Services Manager 12,956 13,551 14,178 14,834 15,525 Management 20800 Cyber Security Manager 13,319 13,919 14,547 15,194 15,887 Management 20630 Economic Development Manager 12,921 13,558 14,197 14,827 15,465 Management 20600 Environmental Program Manager 13,286 13,900 14,541 15,216 15,925 Management 20911 Fleet Supervisor 11,527 12,053 12,602 13,181 13,787 Management 20540 Housing & Community Development Manager 13,176 13,784 14,420 15,088 15,790 Management 20310 Information Technology Manager 15,368 16,082 16,834 17,624 18,455 Management 20500 Intervention Counselor I 7,789 8,128 8,480 8,854 9,242 Management 20080 Management Analyst I 8,638 9,016 9,415 9,834 10,274 Management 20090 Management Analyst II 10,562 11,040 11,540 12,063 12,614 Management 20100 Management Analyst III 12,846 13,438 14,055 14,706 15,388 Management 20510 Neighborhood Preservation Coordinator 12,921 13,558 14,197 14,827 15,465 Management 20560 Planning Manager 14,076 14,723 15,406 16,120 16,872 Management 20860 Principal Civil Engineer 13,763 14,399 15,067 15,770 16,504 Management 20920 Public Works Grounds Supervisor 11,527 12,053 12,602 13,181 13,787 Management 20910 Public Works Streets Supervisor 11,527 12,053 12,602 13,181 13,787 Management 20730 Public Works Superintendent 13,397 14,013 14,664 15,343 16,060 Management 20700 Recycling & Solid Waste Program Manager 11,968 12,516 13,092 13,696 14,330 Management 20620 Redevelopment Manager 13,286 13,900 14,541 15,216 15,925 Management 20370 Revenue Collections Manager 12,846 13,438 14,055 14,706 15,388 Management 20350 Supervising Accountant 11,991 12,537 13,112 13,716 14,349 Management 20912 Transit Manager 12,956 13,551 14,178 14,834 15,525 City of Union City - Classification and Compensation Plan 82 of 613
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 20,254 21,208 22,209 23,260 24,365 Police Mgmt. 40040 Police Lieutenant 17,170 18,011 18,894 19,830 20,812 Police Mgmt. 40045 Police Commander 18,023 18,900 19,824 20,800 21,827
POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 7,772 8,161 8,569 8,998 9,450 UCPOA 40095 Community Resources Coordinator 6,744 7,082 7,437 7,807 8,197 UCPOA 40090 Community Service Aide 6,654 6,950 7,262 7,591 7,937 UCPOA 40240 Confidential Operations Assistant 7,742 8,130 8,536 8,962 9,411 UCPOA 40080 Crime Analyst 9,450 9,922 10,417 10,940 11,486 UCPOA 40070 Dispatch Clerk 7,357 7,559 7,900 8,260 8,636 UCPOA 40170 Dispatch Clerk Trainee 6,370
UCPOA 40241 Executive Assistant to the Police Chief 7,742 8,130 8,536 8,962 9,411 UCPOA 40063 Personnel and Training Supervisor 7,772 8,161 8,569 8,998 9,450 UCPOA 40130 Police Corporal 13,587
UCPOA 40230 Police Department Office Coordinator 6,697 7,034 7,384 7,754 8,143 UCPOA 40140 Police Office Assistant 6,104 6,410 6,730 7,067 7,420 UCPOA 40050 Police Officer 9,869 10,325 10,791 11,251 11,817 12,408 13,028 UCPOA 40150 Police Officer Recruit I 7,908
UCPOA 40160 Police Officer Recruit II 9,436
UCPOA 40060 Police Records Supervisor 7,772 8,161 8,569 8,998 9,450 UCPOA 40030 Police Sergeant 13,338 13,937 14,556 15,284 16,048 UCPOA 40120 Prisoner Transportation Officer 6,654 6,950 7,262 7,591 7,937 UCPOA 40100 Property & Evidence Specialist 6,654 6,950 7,262 7,591 7,937 UCPOA 40065 Property & Evidence Supervisor 7,772 8,161 8,569 8,998 9,450 UCPOA 40110 Public Services Officer I 6,744 7,082 7,437 7,807 8,197 UCPOA 40180 Public Services Officer II 7,100 7,456 7,829 8,218 8,630 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 42.44 43.61 45.57 47.65 49.82 UCPOA PT 40120 Prisoner Transportation Officer (PT) 38.39 40.10 41.89 43.79 45.79 UCPOA PT 40181 Public Services Officer I (PT) 38.91 40.86 42.90 45.04 47.29 UCPOA PT 40182 Public Services Officer II (PT) 40.96 43.02 45.17 47.41 49.79 PD UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Police PT 60120 Police Cadet 17.44 18.32 19.23
Unrep. Police PT 60150 Police Officer Trainee 50.38
OPERATING ENGINEERS LOCAL 3, PROFESSIONAL EMPLOYEES GROUP (OE3-PEG) Professionals 30060 Accountant 8,658 9,089 9,534 10,021 10,518 Professionals 30250 Assistant Planner 7,699 8,083 8,484 8,910 9,355 Professionals 30230 Associate Planner 8,958 9,404 9,872 10,368 10,883 Professionals 30053 Building Code Compliance Coordinator 11,575 12,179 12,786 13,389 13,993 Professionals 30090 Case Manager 6,853 7,195 7,554 7,933 8,330 Professionals 30600 Economic Development Coordinator 10,386 10,910 11,398 11,922 12,448 Professionals 30275 Emergency Services Coordinator 9,528 10,004 10,496 11,022 11,574 Professionals 30150 Engineer I (Civil) 8,493 8,912 9,361 9,831 10,321 Professionals 30130 Engineer II (Civil) 9,433 9,904 10,387 10,916 11,457 Professionals 30120 Engineer III (Civil) 10,784 11,322 11,881 12,476 13,100 Professionals 30030 Environmental Analyst I 7,635 8,018 8,417 8,841 9,283 Professionals 30031 Environmental Analyst II 8,619 9,072 9,551 10,052 10,583 Professionals 30040 Environmental Programs Inspector 10,310 10,853 11,422 12,022 12,657 Professionals 30095 Homeless Program Coordinator/Case Manager 6,683 7,040 7,398 7,756 8,154 Professionals 30080 Intervention Counselor 7,205 7,566 7,945 8,343 8,760 Professionals 30185 Lead Construction Inspector 10,388 10,890 11,353 11,894 12,435 Professionals 30066 Lead Payroll Technician 8,534 8,920 9,384 9,847 10,388 Professionals 30065 Payroll Technician 8,114 8,519 8,936 9,392 9,857 Professionals 30100 Recreation Supervisor 8,550 8,978 9,426 9,897 10,391 Professionals 30020 Senior Accountant 10,010 10,520 11,045 11,592 12,164 City of Union City - Classification and Compensation Plan 83 of 613
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 OPERATING ENGINEERS LOCAL 3, PROFESSIONAL EMPLOYEES GROUP (OE3-PEG) (CONT'D.) Professionals 30055 Senior Building/Code Compliance Inspector 10,310 10,853 11,422 12,022 12,657 Professionals 4052 Senior Environmental Programs Inspector 10,934 11,481 12,055 12,657 13,290 Professionals 30210 Senior Planner 10,354 10,898 11,474 12,075 12,710 Professionals 30400 Senior Recreation Supervisor 10,040 10,530 11,043 11,583 12,147 Professionals 30260 Senior Systems Analyst 11,575 12,179 12,786 13,389 13,993 Professionals 30310 Sustainability Analyst I 7,525 7,900 8,295 8,710 9,145 Professionals 30320 Sustainability Analyst II 8,884 9,327 9,795 10,284 10,797 Professionals 30265 Systems Analyst 11,100 11,656 12,239 12,850 13,493 Professionals 30501 Transit Planner - Assistant 7,393 7,762 8,146 8,556 8,984 Professionals 30502 Transit Planner - Associate 8,853 9,293 9,756 10,246 10,753 Professionals 30503 Transit Planner - Senior 10,354 10,898 11,474 12,075 12,710 Professionals 30270 Web and Database Administrator 10,591 11,121 11,677 12,261 12,874
SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 6,125 6,407 6,701 7,015 7,336 SEIU 1021 50525 Administrative Assistant II 6,701 7,015 7,336 7,678 8,033 SEIU 1021 50530 Administrative Assistant III 7,336 7,678 8,033 8,410 8,805 SEIU 1021 50290 Building/Code Compliance Inspector 8,838 9,248 9,672 10,115 10,577 SEIU 1021 50201 Building/Code Compliance Inspector - Trainee 7,758 8,120 8,492 8,881 9,289 SEIU 1021 50255 Building Permit Technician 7,014 7,366 7,721 8,077 8,430 SEIU 1021 50251 Building Permit Technician II 7,626 7,996 8,386 8,795 9,224 SEIU 1021 50566 Communications Coordinator 6,291 6,581 6,883 7,205 7,535 SEIU 1021 50256 Community Development Technician 6,874 7,220 7,568 7,917 8,261 SEIU 1021 50351 Facility Maintenance Worker 6,937 7,249 7,577 7,925 8,282 SEIU 1021 50080 Finance Specialist I 5,603 5,853 6,135 6,424 6,723 SEIU 1021 50090 Finance Specialist II 6,135 6,424 6,723 7,047 7,379 SEIU 1021 50100 Finance Specialist III 6,723 7,047 7,379 7,731 8,102 SEIU 1021 50539 Homeless Program Outreach Worker 4,923 5,170 5,428 5,700 5,985 SEIU 1021 50332 Lead Facilities Maintenance Worker 8,130 8,501 8,891 9,286 9,718 SEIU 1021 50323 Lead Vehicle Heavy Equipment Mechanic 8,379 8,759 9,162 9,569 10,013 SEIU 1021 50361 Leisure Services Maintenance Worker 5,773 6,062 6,365 6,683 7,018 SEIU 1021 50360 Maintenance I - Parks & Grounds 6,294 6,592 6,899 7,222 7,565 SEIU 1021 50330 Maintenance I - Streets 6,537 6,846 7,166 7,502 7,857 SEIU 1021 50342 Maintenance II - Parks & Grounds 7,631 7,991 8,363 8,758 9,171 SEIU 1021 50320 Maintenance II - Streets 7,492 7,845 8,209 8,596 9,003 SEIU 1021 50325 Maintenance Trainee - Parks & Grounds 5,394 5,644 5,909 6,182 6,470 SEIU 1021 50350 Maintenance Trainee - Streets 5,335 5,583 5,845 6,114 6,400 SEIU 1021 50200 Neighborhood Preservation Inspector 8,140 8,518 8,908 9,317 9,742 SEIU 1021 50500 Office Specialist I 5,071 5,303 5,538 5,785 6,047 SEIU 1021 50505 Office Specialist II 5,523 5,770 6,033 6,308 6,593 SEIU 1021 50510 Office Specialist III 6,028 6,303 6,587 6,891 7,206 SEIU 1021 50560 Preschool Site Supervisor II 4,820 5,062 5,316 5,581 5,860 SEIU 1021 50291 Public Works Inspector 8,552 9,033 9,470 9,927 10,406 SEIU 1021 50370 Public Works Maintenance II 6,893 7,217 7,553 7,910 8,283 SEIU 1021 50110 Recreation Administrative Technician 7,533 7,910 8,305 8,721 9,157 SEIU 1021 50160 Recreation Program Coordinator 6,946 7,285 7,644 8,022 8,415 SEIU 1021 50600 Recycling Programs Coordinator 7,075 7,419 7,785 8,172 8,571 SEIU 1021 50380 Special Projects Coordinator 6,413 6,716 7,029 7,358 7,707 SEIU 1021 50538 Street Outreach Worker 4,923 5,170 5,428 5,700 5,985 SEIU 1021 50341 Street Sweeper Operator 6,973 7,288 7,617 7,967 8,326 SEIU 1021 50400 Technical Support Specialist I 6,558 6,887 7,218 7,547 7,837 SEIU 1021 50405 Technical Support Specialist II 7,258 7,630 8,001 8,372 8,703 SEIU 1021 50517 Transit Coordinator 8,174 8,556 8,993 9,372 9,812 SEIU 1021 50321 Vehicle Heavy Equipment Mechanic 7,481 7,819 8,177 8,547 8,943 SEIU 1021 50326 Vehicle Equipment Technician 6,673 7,005 7,357 7,724 8,110 SEIU 1021 50536 Youth Employment Coordinator 6,659 6,993 7,343 7,710 8,096 SEIU 1021 50537 Youth Services Specialist 6,705 7,042 7,394 7,763 8,151 City of Union City - Classification and Compensation Plan 84 of 613
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities Maintenance Attendant (PT) 30.08 31.58 33.16 34.82 36.57 SEIU 1021 PT 50533 Community and Recreation Program Specialist ( 23.63 24.79 26.04 27.32 28.67 SEIU 1021 PT 50500 Office Specialist I (PT) 29.25 30.60 31.95 33.37 34.89 SEIU 1021 PT 50505 Office Specialist II (PT) 31.87 33.29 34.81 36.39 38.03 SEIU 1021 PT 50510 Office Specialist III (PT) 34.78 36.36 38.00 39.76 41.57 SEIU 1021 PT 50561 Preschool Site Supervisor I (PT) 22.55 23.66 24.85 26.09 27.39 SEIU 1021 PT 50532 Program Coordinator (PT) 40.07 42.03 44.10 46.28 48.55 SEIU 1021 PT 50531 Senior Recreation Leader (PT) 19.15 20.13 21.14 22.19 23.33 SEIU 1021 PT 50539 Homeless Program Outreach Worker (PT) 28.40 29.83 31.32 32.89 34.53 SEIU 1021 PT 50538 Street Outreach Worker (PT) 28.40 29.83 31.32 32.89 34.53 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager (PT) 21.21 22.28 23.39 24.56 25.79 Unrep. Gen. PT 60100 Preschool Aide (PT) 16.50 17.33
Unrep. Gen. PT 60090 Preschool Teacher (PT) 18.86 19.80 20.79 21.83 22.92 Unrep. Gen. PT 60072 Program Coordinator (PT) 24.75 25.99 27.29 28.65 30.08 Unrep. Gen. PT 60232 Recreation Aide (PT) 16.50 17.33
Unrep. Gen. PT 60233 Recreation Leader (PT) 17.68 18.56 19.49 20.47 21.49 Unrep. Gen. PT 60300 Seasonal Maintenance Worker (PT) 23.57 Unrep. Gen. PT 60234 Senior Recreation Leader (PT) 18.86 19.80 20.79 21.83 22.92 Unrep. Gen. PT 60600 Intern (PT) 16.50 60.11
Unrep. Gen. PT 60570 Project Specialist (PT) 16.50 123.49 Unrep. Gen. PT 60400 Retired Annuitant (PT) 16.50 141.59 City of Union City - Classification and Compensation Plan 85 of 613
City Council Staff Report Page 1 of 2 December 9, 2025
Staff Report
Agenda Item No. 3.7
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving an Amendment to Update the Class Specifications for the Classifications of Preschool Site Supervisor I
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution to approve an update of the class specifications for the classification of Preschool Site Supervisor I.
STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning critical city services with current staffing levels.
BACKGROUND
As part of a review of the classification of the Preschool Site Supervisor I job duties and the needs of the City's Community and Recreation Services Department to align position functions with appropriate qualifications and experience expectations, staff recommends minor modifications to the classification specification/job description.
DISCUSSION
The proposed classification specification includes slight modifications to align qualifications, experience, and skills expected for the roles and removal of outdated requirements and terms. The goal is to provide clarity on essential functions, articulate the class characteristics, clarify the minimum educational and experience qualifications, and identify any certifications during the subsequent recruitment.
FISCAL IMPACT
There is no fiscal impact from the proposed position specification changes.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification/classification of Preschool Site Supervisor I. 86 of 613
Agenda Item No. 3.7
City Council Staff Report Page 2 of 2 December 9, 2025 2 9 Prepared by: Jason Castleberry, Human Resources Director Submitted by: Jason Castleberry, Human Resources Director Attachments
1. Draft Resolution
2. Preschool Site Supervisor I 50561 (Redlined)
3. Preschool Site Supervisor I 50561 (Clean)
87 of 613
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AMENDING THE CLASSIFICATION AND COMPENSATION PLAN TO
UPDATE THE CLASS SPECIFICATION FOR THE CLASSIFICATION OF
PRESCHOOL SITE SUPERVISOR I
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the classification of Preschool Site Supervisor I; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan to update the class specification for the classification of Preschool Site Supervisor I; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the accuracy and clarity for the classification of Preschool Site Supervisor I.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated classification of Preschool Site Supervisor I, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classification of Preschool Site Supervisor I. 88 of 613
Resolution No. 2025-XXX
Amending Classification for Preschool Site Supervisor I
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of December 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
89 of 613
1 PRESCHOOL SITE SUPERVISOR I
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50561
Created/Updated: 10/28/2025
DEFINITION:
Under the general supervision of the Recreation Supervisor, the Preschool Site Supervisor I will assist in managing a preschool classroom, develop lesson plans, and effectively promote the emotional, physical, mental, and social wellbeing in a classroom environment. The Preschool Site Supervisor I will be responsible for collaborating with Preschool Site Supervisor II with planning and implementing of a program to teach young children and ensure that equipment and facilities are clean, safe, and well maintained. They must ensure the development and safety of the children are in accordance with relevant state licensing policies.
CLASS CHARACTERISITICS:
Preschool Site Supervisor I is an entry-level class in the Preschool Site Supervisor series in the Community and Recreation Services Department. Incumbents in this class will provide professional and technical support in the administration of the programs. The Preschool Site Supervisor I is distinguished from the Preschool Site Supervisor II, as the former is the entry-level class in training and learning the full scope of the assigned duties and the latter is a journey-level class and has a high degree of independence, level of responsibility, and greater complexity of the assignments.
EXAMPLES OF DUTIES (illustrative only):
• Collaborate with Preschool Site Supervisor II to present a daily curriculum for the children which includes the preparation of engaging creative activities, games, outdoor activities, and teaching programs that are age and culturally appropriate.
• Actively teach learning activities to the children.
• Research available teaching methods to best meet the interest and needs of the children.
• Establish routines and ensure daily schedule is followed. • Plan and supervise field trips and class projects.
• Discuss disciplinary issues with parents in an appropriate and sensitive manner; provide parents with resources.
• Promote early education and literacy by reading books to the children or having them engage in activities.
90 of 613
2 • Develop positive and transparent relations with parents. Maintain communication with parents and staff verbally and in writing. • Attend to the basic needs of the children such as dressing, feeding, and teaching the children proper hygiene and bathroom etiquette.
• Maintain a clean, safe and organized classroom. Maintain inventory; select, store, and issue classroom supplies, equipment, and materials. • Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
• Observe children, document social / educational development, and clearly and frequently communicate progress with parents, keeping them informed of program expectations, program activities and their child’s progress, and provide guidance as needed.
• Create a positive preschool and work environment that includes providing safety, enrichment, and the building of children’s esteem.
• Implement positive discipline and behavior modification as needed. • Participate in professional workshops that work for the improvement of early childhood education.
• Responsible for opening, closing and security the facility. Ensure monthly safety and fire drills.
• Additional related duties as assigned by Recreation Supervisor and Program Coordinator.
MINIMUM QUALIFICATIONS:
Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills and abilities would be:
EDUCATION AND EXPERIENCE:
An AA in Child Development or a minimum of 60 units which include 24 ECE/CD units with core courses, 16 GE units plus 6 administration units and 2 adult supervision units.
Must have two (2) years’ experience working with children ages 2-5 as a qualified Site Supervisor.
LICENSE AND CERTIFICATIONS:
Possession of CPR, AED & First Aid certifications and Mandated Reporter Training Certificate by the first day of employment.
Child Development Site Supervisor Permit desirable.
KNOWLEDGE AND ABILITIES:
Knowledge Of:
91 of 613
3 • Early childhood development including but limited to social/emotional (trauma informed practice), language and literacy, cognitive, and physical development. • Practices, procedures, programs, services, operation, and administration of childcare programs like but not limited to the California Learning Foundations and Curriculum Frameworks strategies.
• Relevant CDC regulations, California State Licensing codes and laws relating to Preschool Program.
Ability To:
• Ensure safe risk management practices.
• Implement creativity in the various experiences and activities for children including songs, games and storytelling.
• Be compassionate and caring towards others.
• Promote literacy and early education programs.
• Be a role model and mentor to staff.
• Supervise and comfort children in a nurturing manner. • Demonstrate effective verbal, listening and communication skills to children and adults.
• Integrate special needs children in a positive and respectful manner. • Discuss identified problems and needs with professionals as appropriate. • Plan and participate in community and school events and activities (i.e. Open House, graduations, department, and city events).
• Develop monthly curriculum and daily lesson plans; adhere and monitor program budget; maintain current, accurate and confidential client files. • Demonstrate strong supervisory and team building skills, time management and problem-solving skills and can make decisions effectively. • Deal courteously and effectively with people of all diverse, cultural, and socioeconomic levels under hostile and emergency situations. • Learn and implement the principles, practices, procedures, laws and ordinances, terminology, and operation of equipment used in law enforcement and crime prevention and investigation.
WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.
92 of 613
4 Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.
Ability to work in a classroom environment as well as outdoors playground, open field and walkways around the facility; frequently exposed to outdoor weather conditions, loud noise and unpleasant odors. Must possess the ability to lift up to 35 pounds (weight of a child) occasionally and frequently carry, push, pull or otherwise move objects.
This is a classroom position, not an administrative/office position.
This position will require fingerprinting and a current TB test.
Travel: Positions in this class may require local and statewide travel as necessary. 93 of 613
1 PRESCHOOL SITE SUPERVISOR I
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50561
Created/Updated:
2/25/202510/28/2025
DEFINITION:
Under the general supervision of the Recreation Supervisor, the Preschool Site Supervisor I will assist in managing a preschool classroom, develop lesson plans, and effectively promote the emotional, physical, mental, and social wellbeing in a classroom environment. The Preschool Site Supervisor I will be responsible for collaborating with Preschool Site Supervisor II with planning and implementing of a program to teach young children and ensure that equipment and facilities are clean, safe, and well maintained. They must ensure the development and safety of the children are in accordance with relevant state licensing policies.
CLASS CHARACTERISITICS:
Preschool Site Supervisor I is an entry-level class in the Preschool Site Supervisor series in the Community and Recreation Services Department. Incumbents in this class will provide professional and technical support in the administration of the programs. The Preschool Site Supervisor I is distinguished from the Preschool Site Supervisor II, as the former is the entry-level class in training and learning the full scope of the assigned duties and the latter is a journey-level class and has a high degree of independence, level of responsibility, and greater complexity of the assignments.
EXAMPLES OF DUTIES (illustrative only):
• Collaborate with Preschool Site Supervisor II to present a daily curriculum for the children which includes the preparation of engaging creative activities, games, outdoor activities, and teaching programs that are age and culturally appropriate.
• Actively teach learning activities to the children.
• Research available teaching methods to best meet the interest and needs of the children.
• Establish routines and ensure daily schedule is followed. • Plan and supervise field trips and class projects.
• Discuss disciplinary issues with parents in an appropriate and sensitive manner; provide parents with resources.
• Promote early education and literacy by reading books to the children or having them engage in activities.
94 of 613
2 • Develop positive and transparent relations with parents. Maintain communication with parents and staff verbally and in writing. • Attend to the basic needs of the children such as dressing, feeding, and teaching the children proper hygiene and bathroom etiquette.
• Maintain a clean, safe and organized classroom. Maintain inventory; select, store, and issue classroom supplies, equipment, and materials. • Maintain complete and accurate records of children’s files, sign-in-out sheets, incident/accident reports, and staff records.
• Observe children, document social / educational development, and clearly and frequently communicate progress with parents, keeping them informed of program expectations, program activities and their child’s progress, and provide guidance as needed.
• Create a positive preschool and work environment that includes providing safety, enrichment, and the building of children’s esteem.
• Implement positive discipline and behavior modification as needed. • Participate in professional workshops that work for the improvement of early childhood education.
• Responsible for opening, closing and security the facility. Ensure monthly safety and fire drills.
• Additional related duties as assigned by Recreation Supervisor and Program Coordinator.
MINIMUM QUALIFICATIONS:
Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills and abilities would be:
EDUCATION AND EXPERIENCE:
An AA in Child Development or a minimum of 60 units which include 24 ECE/CD units with core courses, 16 GE units plus 6 administration units and 2 adult supervision units.
Must have tTwo (2) years’ experience working with children ages 2-5 as a qualified Site Supervisor desirable.
LICENSE AND CERTIFICATIONS:
Possession of CPR, AED & First Aid certifications and Mandated Reporter Training Certificate by the first day of employment.
Child Development Site Supervisor Permit desirable.
KNOWLEDGE AND ABILITIES:
Knowledge Of:
95 of 613
3 • Early childhood development including but limited to social/emotional (trauma informed practice), language and literacy, cognitive, and physical development. • Practices, procedures, programs, services, operation, and administration of childcare programs like but not limited to the California Learning Foundations and Curriculum Frameworks strategies.
• Relevant CDC regulations, California State Licensing codes and laws relating to Preschool Program.
Ability To:
• Ensure safe risk management practices.
• Implement creativity in the various experiences and activities for children including songs, games and storytelling.
• Be compassionate and caring towards others.
• Promote literacy and early education programs.
• Be a role model and mentor to staff.
• Supervise and comfort children in a nurturing manner. • Demonstrate effective verbal, listening and communication skills to children and adults.
• Integrate special needs children in a positive and respectful manner. • Discuss identified problems and needs with professionals as appropriate. • Plan and participate in community and school events and activities (i.e. Open House, graduations, department, and city events).
• Develop monthly curriculum and daily lesson plans; adhere and monitor program budget; maintain current, accurate and confidential client files. • Demonstrate strong supervisory and team building skills, time management and problem-solving skills and can make decisions effectively. • Deal courteously and effectively with people of all diverse, cultural, and socioeconomic levels under hostile and emergency situations. • Learn and implement the principles, practices, procedures, laws and ordinances, terminology, and operation of equipment used in law enforcement and crime prevention and investigation.
WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.
96 of 613
4 Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.
Ability to work in a classroom environment as well as outdoors playground, open field and walkways around the facility; frequently exposed to outdoor weather conditions, loud noise and unpleasant odors. Must possess the ability to lift up to 35 pounds (weight of a child) occasionally and frequently carry, push, pull or otherwise move objects.
This is a classroom position, not an administrative/office position.
This position will require fingerprinting and a current TB test.
Travel: Positions in this class may require local and statewide travel as necessary. 97 of 613
City Council Staff Report Page 1 of 3 December 9, 2025
Agenda Item No. 3.8
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter Into a Lease Agreement with Inverness Management, LLC, Effective December 10, 2025, for a Police Substation, Located at 31079 Courthouse Drive, for $3,266.00 per Month, with a 4% Annual Increase
EXECUTIVE SUMMARY
Staff is seeking City Council approval for the City Manager to enter into a lease agreement with Inverness Management, LLC, for a police substation, located at 31079 Courthouse Drive, at the Union Landing shopping center, to deliver police services on behalf of the Union Landing Property and Business Improvement District (ULPBID). The lease amount is $3,266.00 per month with an annual increase of 4% each January 1st starting on January 1, 2027. The lease commences on December 10, 2025 (the “Commencement Date”) and expires on December 9, 2030.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following City Council priority:
Goal C: Economic, Community Development, and Public Safety Strategy 4: Work with the Union Landing Property Owner’s Association to ensure Union Landing remains a destination for shoppers through property improvements, on-going property maintenance, and a continued focus on public safety.
BACKGROUND
In 2017, the ULPBID formed and incorporated the Union Landing Property Owners Association (ULPOA) as a not-for-profit corporation with an elected Board of Directors serving as its governing body. In November 2018, the City Council authorized the City Manager to enter into a Memorandum of Understanding and Cooperative Agreement between the City and the ULPOA.
98 of 613
Agenda Item No. 3.8
City Council Staff Report Page 2 of 3 December 9, 2025
The mission of ULPBID and ULPOA is to create and promote a high-quality entertainment and shopping environment at the Union Landing shopping center, to protect the safety of its visitors, and to maintain the center as a regional retail destination. Through the levy of assessments, the ULPBID provides funding to support the operation of a dedicated police substation within the shopping center. Fear of crime has a significant influence on where people choose to shop, socialize, and spend time, as these decisions are often guided by their perceptions of safety. Research shows that police substations are highly effective in reducing the fear of crime within their immediate surroundings, helping create a safer and more welcoming environment for visitors and businesses alike.
Through ULPBID, the Union City Police Department has been occupying a police substation rented from Dyer Triangle LLC. This previous agreement with Dyer Triangle LLC, adopted through Resolution No. 5616-20, expired on June 30, 2025, and use of the substation has since continued on a month-to-month basis.
Inverness Management, LLC has offered to provide office space for the Union Landing police substation, and the proposed lease agreements attached to this report formalize this arrangement. The proposed new substation, located at 31079 Courthouse Drive, is a space currently leased by Inverness Management (a California limited liability company), with Pappas Union City No. 2, L.P. (a California limited partnership) serving as the landlord. The City would occupy the site through a sublease agreement, with both the Master Lease and the proposed Sublease included as attachments.
On July 8, 2025, the City Council adopted Resolution No. 2025-096 to renew the Union Landing Property and Business Improvement District (“ULPBID”) and to levy and collect assessment for Fiscal Year 2025-2026 in accordance with the provisions of the Property and Business Improvement District Law of 1994, California Streets and Highways Code, Section 36600, et seq.
DISCUSSION
The ULPBID supports three full-time officers and a police substation in Union Landing.
ULPBID funds are collected through tax assessments and used to provide services to the shopping center. Union Landing officers benefit from having an office at the shopping center and the public benefits as well by increased police visibility. With the formation of the Union Landing Property Owners Association, it was previously determined that the arrangement for the police substation be formalized with a lease agreement. The current lease with Dyer Triangle LLC, adopted by Resolution No. 5616-20, expired on June 30, 2025, and has been continuing on a month-to-month basis.
Inverness Management, LLC has offered to provide office space for the Union Landing police substation, and the proposed lease agreements attached to this report formalize this arrangement. The new substation, located at Located at 31079 Courthouse Drive, will enhance the Police Department’s ability to serve Union Landing, as it is larger, more visible, and situated along a major thoroughfare at one of the shopping center’s primary entrances.
Under the terms of the attached Sublease Agreement, the City will occupy the Union Landing police substation at a cost of $3,266.00 per month, subject to an annual 4% increase beginning on January 1, 2027, which will remain in effect for the term which 99 of 613
Agenda Item No. 3.8
City Council Staff Report Page 3 of 3 December 9, 2025
begins on December 10, 2025 and ends on December 9, 2030.
FISCAL IMPACT
There is no fiscal impact to the General Fund by entering into the lease agreement with Inverness Management, LLC, for the Police Substation for a five-year term ending December 9, 2030. The City receives all funds collected pursuant to the ULPBID assessment and ensures that such funds are accounted for separately from the City’s General Fund. Funds are collected each fiscal year specifically for the Police Substation lease payments through the annual assessments.
The ULPBID Management District Plan, attached to this staff report, includes the budgeted $58,797 for the Police Substation lease for the initial 18-month period (July 1, 2025–December 31, 2026), as well as $40,765.92 for the subsequent year. The Plan also allows for annual assessment increases of up to four percent (4%), providing the flexibility needed to accommodate future rent increases over the remainder of the PBID term.
There will be outfitting costs associated with the move, including technology needs and workstation setup. Staff will use asset forfeiture funds, State Law Enforcement Supplemental Funding (SLESF), and/or money already budgeted for technology and/or replacing existing equipment. All purchases will follow the City's standard operating procedures.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to enter into a lease agreement with Inverness Management, LLC, effective December 10, 2025, for a police substation, located at 31079 Courthouse Drive, for $3,266.00 per month with a 4% increase each January 1st starting on January 1, 2027, to deliver police services on behalf of the Union Landing Property and Business Improvement District.
Prepared by: Andrew Holt, Captain
Submitted by: Jared Rinetti, Chief of Police
Attachments
1. Draft Resolution
2. Exhibit A – Master Lease Agreement
3. Exhibit B – Sublease
4. Management District Plan for Union Landing Property and Business Improvement District
100 of 613
CITY COUNCIL RESOLUTION NUMBER 2025-XXX
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE AGREEMENT WITH INVERNESS MANAGEMENT, LLC, FOR A
POLICE SUBSTATION LOCATED AT 31079 COURTHOUSE DRIVE FOR $3,266.00 PER MONTH, WITH A 4% INCREASE ON THE ANNIVERSARY
OF EACH YEAR, TO DELIVER POLICE SERVICES ON BEHALF OF THE
UNION LANDING PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT
WHEREAS, the Union Landing shopping center is the City’s primary regional shopping center and a significant source of sales tax revenue; and WHEREAS, on July 8, 2025, the City Council adopted Resolution No. 2025-096 to renew the Union Landing Property and Business Improvement District (“ULPBID”) to levy and collect assessments for Fiscal Year 2025–2026 in accordance with the provisions of the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600 et seq.; and
WHEREAS, the ULPBID Management District Plan identified the Union Landing Property Owners Association (“ULPOA”) as the owner’s association for the ULPBID and established the duties and responsibilities of the ULPOA with regard to the management of the ULPBID; and
WHEREAS, the mission of the ULPOA is to create and promote a high-quality entertainment and shopping environment in the Union Landing center, to protect the safety of its visitors, and to provide businesses within the shopping center with valuable marketing efforts; and
WHEREAS, ULPBID provides funding to support the operation of a dedicated police substation within the shopping center. Fear of crime has a significant influence on where people choose to shop, socialize, and spend time, as these decisions are often guided by their perceptions of safety. Research shows that police substations are highly effective in reducing the fear of crime within their immediate surroundings, helping create a safer and more welcoming environment for visitors and businesses alike; and WHEREAS, through ULPBID the Union City Police Department has been occupying a police substation rented from Dyer Triangle LLC, and the previous agreement with Dyer Triangle LLC, adopted through Resolution No. 5616-20, expired on June 30, 2025, and has since continued on a month-to-month basis; and WHEREAS, Inverness Management, LLC has offered to provide new office space for the Union Landing police substation, and the proposed lease agreement attached hereto as Exhibit A (the “Lease Agreement”) formalizes this arrangement; and 101 of 613
Resolution No. 2025-XXX
Union Landing Police Substation Lease
WHEREAS, the Lease Agreement allows the City to utilize the Union Landing police substation pursuant to the terms of the Lease Agreement for the amount of $3,266.00 per month, with an annual increase of 4%, and will remain in effect for the remainder of the ULPBID term beginning December 10, 2025; and WHEREAS, the ULPBID includes an annual assessment for the police substation lease payments, including the annual increases; and
WHEREAS, adoption of this Resolution will have no adverse effect on the General Fund because the City maintains all funds collected pursuant to the ULPBID assessment and ensures that such funds are accounted for separately from the City’s General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Lease Agreement with Inverness Management, LLC for a police substation located at 31079 Courthouse Drive for $3,266.00 per month, with a 4% increase on the anniversary of each year, to deliver police services on behalf of ULPBID.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Lease Agreement with Inverness Management, LLC on behalf of the City of Union City in substantially the same form attached hereto as Exhibit A; to make any revisions, amendments, corrections, and modifications to the Lease Agreement, subject to the approval of the City Attorney, as deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City’s obligations thereunder; and to take all actions necessary to effectuate the intent of this Resolution. 102 of 613
Resolution No. 2025-XXX
Union Landing Police Substation Lease
103 of 613
Resolution No. 2025-XXX
Union Landing Police Substation Lease
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of December 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
104 of 613
105 of 613
106 of 613
107 of 613
108 of 613
109 of 613
110 of 613
111 of 613
112 of 613
113 of 613
114 of 613
115 of 613
116 of 613
117 of 613
118 of 613
119 of 613
120 of 613
121 of 613
122 of 613
123 of 613
124 of 613
125 of 613
126 of 613
127 of 613
128 of 613
129 of 613
130 of 613
131 of 613
132 of 613
133 of 613
134 of 613
135 of 613
136 of 613
137 of 613
138 of 613
139 of 613
140 of 613
141 of 613
142 of 613
143 of 613
144 of 613
145 of 613
146 of 613
147 of 613
148 of 613
149 of 613
150 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp
SUBLEASE
THIS SUBLEASE (this "Sublease") is made as of December 10, 2025, by and between INVERNESS MANAGEMENT, LLC, a California limited liability company (hereinafter referred to as "Sublandlord"), and CITY OF UNION CITY, a municipal corporation (hereinafter referred to as "Subtenant"), with regard to the following facts.
R E C I T A L S :
A. Sublandlord is the Tenant under that certain Standard Retail Lease For Union Landing Phase Two dated as of December 10, 2025 (the "Master Lease"), with Pappas Union City No. 2, L.P., a California limited partnership (the "Landlord"), concerning approximately 1,200 rentable square feet of space (the "Premises") located at 31079 Courthouse Drive, Union City, California (the "Building").
B. Subtenant desires to sublease from Sublandlord the entirety of the Premises more particularly set forth on Exhibit A attached to the Master Lease and by this reference made a part hereof (the Premises sometimes being referred to herein as the "Subleased Premises"), and Sublandlord has agreed to sublease the Subleased Premises to Subtenant upon the terms, covenants and conditions herein set forth.
A G R E E M E N T :
In consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows.
1. Sublease. Sublandlord hereby subleases and demises to Subtenant, and Subtenant hereby hires and takes from Sublandlord, the Subleased Premises.
2. Term. The term of this Sublease (the "Term") shall commence (the "Sublease Commencement Date") on December 10, 2025 and shall expire on December 9, 2030, unless sooner terminated as provided in this Sublease and/or the Master Lease.
3. Rent.
3.1 Basic Rent. During the Term, Subtenant shall pay to Sublandlord, in accordance with the terms of this Sublease, basic rent ("Basic Rent") for the Subleased Premises as follows:
Period Annual Basic Rent Monthly Basic Rent
December 10, 2025 – December 31, 2026 $41,587.07 $3,266.00 January 1, 2027 – December 31, 2027 $40,759.68 $3,396.64 January 1, 2028 – December 31, 2028 $42,390.12 $3,532.51 January 1, 2029 – December 31, 2029 $44,085.72 $3,673.81 January 1, 2030 – December 9, 2030 $43,174.59 $3,820.76 151 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -2-
The Basic Rent for the first full calendar month of the Term shall be paid at the time of Subtenant's execution of this Sublease. Any and all amounts payable by Subtenant to Sublandlord pursuant to the terms of this Sublease (other than Basic Rent) are herein collectively referred to as "Additional Rent," and Basic Rent and Additional Rent are herein collectively referred to as "Rent." Except as otherwise expressly provided herein, all Rent shall be payable by Subtenant without notice, demand, setoff or deduction, by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, to Sublandlord at the place set forth as Sublandlord's address for notices hereunder or, at Sublandlord's option, to such other party or at such other place as Sublandlord may from time to time designate in a written notice to Subtenant. If the Term begins or ends on a day other than the first or last day of a month, or if any Rent is otherwise payable for a period which is shorter than one month, the Rent for such partial month shall be prorated on the basis of a thirty (30) day month.
3.2 [Intentionally Deleted]
3.3 Subtenant Surcharges. During the Term, Subtenant shall pay to Sublandlord, as Additional Rent hereunder, all amounts payable for "Subtenant Surcharges," as that term is defined below. "Subtenant Surcharges" shall mean (a) any and all amounts other than Basic Rent which become due and payable by Subtenant to Sublandlord hereunder, and (b) any and all amounts which become due and payable by Sublandlord to the Landlord under the Master Lease as additional charges which would not have become due and payable but for the acts and/or failures to act of Subtenant under this Sublease, including, but not limited to, any additional charges under the Master Lease payable by Sublandlord on account of late charges and/or default interest as set forth in the Master Lease arising from Subtenant's failure to make payments to Sublandlord as and when required hereunder. Subtenant shall pay the Subtenant Surcharges set forth above within thirty (30) days after the presentation of statements therefor by the Landlord or Sublandlord to Subtenant.
3.4 No Subtenant Contribution to Real Property Taxes or Common Area Expenses.
The following provisions of the Master Lease shall not be incorporated into this Sublease: (i) Section
11.1 (entitled “Real Property Taxes”), (ii) Sections 1.10.2 and 6.4 (both entitled “Common Area Expenses”), (iii) Section 6.5 (entitled “Determination of Tenant’s Monthly Common Area Expense Charge”), (iv) Section 6.6 (entitled “Estimate Statement”), (v) Section 6.7 (entitled “Actual Statement”) and (vi) Section 6.8 (entitled “Miscellaneous”).
3.5 Subtenant’s HVAC Maintenance and Repair Obligations. Subtenant shall at all times during the Term and at Subtenant's sole cost and expense, maintain and repair all heating, ventilating and air conditioning ("HVAC") systems located within and/or exclusively serving the Subleased Premises (including without limitation any conduits or connections thereto or distribution systems thereof). As part of its HVAC systems maintenance obligation, Subtenant shall enter into an annual contract with an HVAC maintenance and repair firm which is fully licensed in the State of California to maintain and repair HVAC units. No later than the Sublease Commencement Date and annually thereafter, Subtenant shall deliver to Sublandlord a copy of the HVAC maintenance contract and proof that the annual premium for such contract has been paid. Such HVAC maintenance firm shall (i) regularly service the HVAC unit(s), changing belts, filters and other parts as required, (ii) perform emergency and extraordinary repairs on the HVAC units, and (iii) keep a detailed record of all services performed at the Subleased Premises and prepare a yearly report to be furnished to Sublandlord promptly at the end of each calendar year.
152 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -3-
4. Use. Subtenant covenants and agrees to use the Premises in accordance with the provisions of the Master Lease and for no other purpose and otherwise in accordance with the terms and conditions of the Master Lease and this Sublease.
5. Master Lease. A copy of the Master Lease is attached hereto as Exhibit C and by this reference made a part hereof, except for Section 7.2 (Operation of Business) and Section 36.16 (Nondisclosure of Lease Terms). Subtenant and this Sublease shall be subject in all respects to the terms of, and the rights of the Landlord under, the Master Lease. Capitalized terms used herein shall have the meanings given to those terms in the Master Lease, unless otherwise defined herein. Except as otherwise expressly provided in Section 7 hereof, the covenants, agreements, terms, provisions and conditions of the Master Lease insofar as they relate to the Subleased Premises and insofar as they are not inconsistent with the terms of this Sublease are made a part of and incorporated into this Sublease as if recited herein in full, and the rights and obligations of the Landlord and the Tenant under the Master Lease shall be deemed the rights and obligations of Sublandlord and Subtenant respectively hereunder and shall be binding upon and inure to the benefit of Sublandlord and Subtenant respectively. Accordingly, as applied to this Sublease, (i) the term "Landlord," as used in the Master Lease, shall be deemed to refer to Sublandlord hereunder, (ii) the term "Tenant," as used in the Master Lease, shall be deemed to refer to Subtenant hereunder, (iii) the term "Premises," as used in the Master Lease, shall be deemed to refer to the Subleased Premises hereunder, and (iv) the term "Lease," as used in the Master Lease, shall be deemed to refer to this Sublease. In furtherance of the foregoing, and without limiting the generality of the foregoing, Subtenant shall be solely responsible for (i) obtaining and maintaining during the entire Term, all insurance required to be obtained and maintained by “Tenant” under Section 21 of the Master Lease, all pursuant to and in accordance with the relevant terms of the Master Lease and (ii) pursuant to and in accordance with Section 17 of the Master Lease, contracting with the appropriate utility companies, and promptly paying all charges (including hook-up fees) for heat, air conditioning, water, gas, electricity any other utility used, consumed or provided in, furnished to or attributable to the Subleased Premises at the rates charged by the supplying utility companies. As between the parties hereto only, in the event of a conflict between the terms of the Master Lease and the terms of this Sublease, the terms of this Sublease shall control. Subtenant covenants and warrants that it fully understands and agrees to be subject to and bound by all of the covenants, agreements, terms, provisions and conditions of the Master Lease, except as expressly modified herein. Furthermore, Subtenant further covenants not to take any action or do or perform any act or fail to perform any act which would result in the failure or breach of any of the covenants, agreements, terms, provisions or conditions of the Master Lease on the part of the Tenant thereunder.
6. Landlord's Performance Under Master Lease.
6.1 It is understood and agreed that, notwithstanding anything in this Sublease to the contrary, Sublandlord shall have no liability for any breach of any representations, warranties or statements regarding the condition of the Premises which were made by the Landlord under the Master Lease, and Sublandlord shall have no obligation or responsibility to provide or perform any service, maintenance, utility, repair, alteration or other obligation which is the obligation of the Landlord to provide or perform pursuant to the terms of the Master Lease including, but not limited to, the obligation of the Landlord to make restorations or repairs after damage to the Subleased Premises by fire or other casualty or after condemnation, the obligation of the Landlord to carry the insurance required to be carried by the Landlord under the Master Lease, the obligation of the Landlord to approve any alterations, additions, improvements or any other matter requiring the 153 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -4-
Landlord's approval hereunder or under the Master Lease, or any obligation of the Landlord with respect to any representations, warranties or statements regarding the condition of the Premises which were made by the Landlord under the Master Lease. Subtenant further agrees that each such obligation shall be provided or performed by the Landlord and not by Sublandlord; provided that, to the extent such obligations are performed by the Landlord, Subtenant shall be entitled to the benefits of such performance. Sublandlord shall in no event be liable to Subtenant, nor shall Subtenant's obligations under this Sublease be impaired or reduced or the performance thereof excused, because of any failure or delay on the Landlord's part in performing or observing any obligation of the Landlord under the Master Lease, and Subtenant shall continue to pay the Rent and all other charges provided for herein without any abatement, deduction or setoff whatsoever. Subtenant hereby acknowledges and agrees that Subtenant shall have no cause of action or other rights against the Landlord, either pursuant to this Sublease or under the Master Lease. Notwithstanding anything contained herein to the contrary, in the event that as a result of any action of restoration or repair to the Subleased Premises (whether as a result of a casualty event, act of condemnation or otherwise), or due to any other cause whatsoever, Sublandlord is entitled to abatement of rent under, or termination of, the Master Lease, then to the extent the Subleased Premises are damaged or destroyed or otherwise affected by the event giving rise to the abatement, Subtenant shall be entitled to an equivalent abatement of the rent due under, or termination of, this Sublease.
6.2 Whenever the consent of the Landlord shall be required by, or the Landlord shall fail to perform its obligations under, the Master Lease, Sublandlord agrees to use its commercially reasonable efforts to obtain, at Subtenant's sole cost and expense, such consent and/or performance on behalf of Subtenant.
6.3 Sublandlord represents and warrants to Subtenant that the Master Lease is in full force and effect, all obligations of both Landlord and Sublandlord thereunder have been satisfied and Sublessor has neither given nor received a notice of default pursuant to the Master Lease.
6.4 Sublandlord covenants as follows: (i) not to voluntarily terminate the Master Lease, and (ii) not to modify the Master Lease so as to adversely affect Subtenant's rights hereunder.
7. Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein:
7.1 Term and Basic Rent. Notwithstanding anything to the contrary set forth in the Master Lease, the Term of this Sublease and the Basic Rent payable under this Sublease shall be as set forth in Sections 2 and 3 above, respectively.
7.2 No Brokers. Sublandlord and Subtenant represent and warrant to each other that they have had no dealings with any real estate broker, agent or finder in connection with the negotiation and consummation of this Sublease, and that they know of no real estate broker, agent or finder who is entitled to a commission in connection with this Sublease. Each party agrees to indemnify, defend and hold harmless the other party from and against any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including, without limitation, reasonable attorneys' and professional fees and court costs) with respect to any leasing commission or equivalent compensation alleged to be owing on account of the indemnifying party's dealings with any real estate broker, agent or finder in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 154 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -5-
7.3 Insurance Proceeds and Condemnation Awards. Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord.
7.4 Written Consent of Landlord and Sublandlord. Whenever the provisions of the Master Lease which have been incorporated as provisions of this Sublease require the written consent of the Landlord, said provisions shall be construed to require the written consent of both the Landlord and Sublandlord.
7.5 Notices. Any notice which may or shall be given by either party hereunder shall be either delivered personally, or delivered by nationally recognized overnight courier, addressed to the party for whom it is intended to each of the addresses set forth below such party's signature on this Sublease (which addresses, for purposes of incorporation of Sections 1.2 and 1.4 of the Master Lease, shall be deemed to be the addresses set forth on the signature pages), or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.5. Any notice will be deemed given on the date of receipted delivery, or refusal to accept delivery, or when delivery is first attempted but cannot be made due to a change of address for which no notice was given.
7.6 Payment of Rent. All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord.
7.7 Time Limits. The time limits contained in the Master Lease for (i) giving of notices, making of demands, or performing of any act, condition or covenant on the part of Subtenant pursuant to the provisions of the Master Lease incorporated into this Sublease, or (ii) the exercise of any right, remedy or option by Sublandlord pursuant to the provisions of the Master Lease incorporated into this Sublease, are hereby changed for purposes of incorporation herein by shortening the same in each instance by two (2) business days, such that in each instance Subtenant shall have two (2) business days less time to observe or perform under this Sublease than Sublandlord has as the Tenant under the Master Lease.
7.8 Failure to Timely Pay Rent. Notwithstanding anything to the contrary contained in the Master Lease, Subtenant's failure to pay any Rent or any other charge required to be paid under this Sublease, or any part thereof, as and when due shall constitute a default by Subtenant under this Sublease without any requirement on the part of Sublandlord to provide written notice of such failure.
7.9 Entry by Master Landlord and Sublandlord. Without limiting the generality of Article 16 of the Master Lease, Subtenant shall permit Sublandlord and its employees, agents and contractors to enter the Subleased Premises and all parts thereof at any time and from time to time during the last sixty (60) days of the Term, for the purpose of inspecting the Subleased Premises and confirming that Subtenant is performing all restoration and other activities necessary to timely vacate the Premises on or before the expiration date of the Term.
7.10 Condition of Subleased Premises, Building and Shopping Center. Sublandlord shall deliver the Subleased Premises to Subtenant, and Subtenant shall accept the Subleased Premises from Landlord, in their current "AS-IS, WHERE-IS, WITH ALL FAULTS," condition, and 155 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -6-
Sublandlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Subleased Premises. The commencement of business operations for the Subleased Premises by Subtenant shall presumptively establish that the Subleased Premises, the Building and the Shopping Center were at such time in good and sanitary order, condition and repair.
Notwithstanding anything to the contrary contained in Article 13 of the Master Lease, Sublandlord may withhold its consent to any Alterations to the Subleased Premises in Sublandlord's sole and absolute discretion.
7.11 Holding Over. In no event shall Subtenant have the right to retain possession of the Subleased Premises or any part thereof beyond the expiration or earlier termination of this Sublease. Nothing contained in this Section 7.11 shall be construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the right to require Subtenant to surrender possession of the Subleased Premises upon the expiration or earlier termination of this Sublease. In the event of any such holding over, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall protect, defend, indemnify and hold harmless Sublandlord from and against all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by the Landlord or any succeeding tenant founded upon such failure to surrender and any lost profits to the Landlord resulting therefrom. If Subtenant remains in possession of the Subleased Premises after the expiration of the Term of this Sublease, then the Basic Rent payable by Subtenant shall be the applicable amounts payable by Sublandlord (with respect to the entire Premises) as calculated in accordance with Section 10.2 of the Master Lease (without regard to the Basic Rent in effect under this Sublease immediately prior to such expiration).
7.12 Statutory CASp Disclosure. For purposes of Section 1938(a) of the California Civil Code, Sublandlord hereby discloses to Subtenant, and Subtenant hereby acknowledges, that to Sublandlord’s actual knowledge, the Subleased Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of and in connection with such notice, Subtenant, having read such notice hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Subleased Premises.
8. Indemnity. In addition to the indemnification obligations set forth in Article 18 of the Master Lease that have been incorporated into this Sublease, Subtenant hereby agrees to protect, defend, indemnify and hold harmless Sublandlord and its partners, officers, directors, servants, employees, agents and independent contractors (collectively, "Sublandlord Parties"), from and against any and all liabilities, claims, expenses, losses and damages, including, without limitation, reasonable attorneys' fees and disbursements, which may at any time be asserted against Sublandlord or Sublandlord Parties by (a) the Landlord for failure of Subtenant to perform any of the covenants, agreements, terms, provisions or conditions contained in the Master Lease which by reason of the 156 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -7-
provisions of this Sublease Subtenant is obligated to perform, or (b) any person by reason of the use and/or occupancy of the Subleased Premises by Subtenant or any of its members, officers, directors, servants, employees, agents, contractors, licensees, invitees and guests (collectively, "Subtenant Parties"). The provisions of this Section 8 shall survive the expiration or earlier termination of the Master Lease and/or this Sublease.
9. Cancellation of Master Lease. In the event of the cancellation or termination of the Master Lease for any reason whatsoever or of the involuntary surrender of the Master Lease by operation of law prior to the expiration date of this Sublease, Subtenant agrees, at the option of the Landlord (which may be exercised at any time during Subtenant's occupancy of the Subleased Premises), to make full and complete attornment to the Landlord under the Master Lease for the balance of the Term of this Sublease and upon the then executory terms hereof, which attornment shall be evidenced by an agreement in form and substance reasonably satisfactory to the Landlord.
Subtenant agrees to execute and deliver such an agreement at any time within ten (10) business days after request of the Landlord, and Subtenant waives the provisions of any law now or hereafter in effect which may give Subtenant any right of election to terminate this Sublease or to surrender possession of the Subleased Premises in the event any proceeding is brought by the Landlord under the Master Lease to terminate the Master Lease.
10. Certificates. Each party hereto shall at any time and from time to time as requested by the other party upon not less than ten (10) days prior written notice, execute, acknowledge and deliver to the other party, a statement in writing certifying that this Sublease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating the modifications, if any) certifying the dates to which rent and any other charges have been paid and stating whether or not, to the knowledge of the person signing the certificate, the other party is then in default beyond any applicable grace period provided herein in performance of any of its obligations under this Sublease, and if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered pursuant hereto may be relied upon by others with whom the party requesting such certificate may be dealing.
11. Assignment or Subletting. Subject further to all of the rights of the Landlord under the Master Lease and the restrictions contained in the Master Lease, Subtenant shall not be entitled to assign this Sublease or to sublet all or any portion of the Subleased Premises without the prior written consent of Sublandlord, which consent (notwithstanding anything to the contrary contained in Article 15 of the Master Lease) may be withheld by Sublandlord in its sole discretion.
12. Severability. If any term or provision of this Sublease or the application thereof to any person or circumstances shall, to any extent, be invalid and unenforceable, the remainder of this Sublease or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term or provision of this Sublease shall be valid and be enforced to the fullest extent permitted by law.
13. Entire Agreement; Waiver. This Sublease contains the entire agreement between the parties hereto with respect to the subject matter hereof. This Sublease shall be binding upon and inure to the benefit of their respective heirs, representatives, successors and permitted assigns of the parties hereto. Any agreement hereinafter made shall be ineffective to change, modify, waive, release, discharge, terminate or effect an abandonment hereof, in whole or in part, unless such agreement is in writing and signed by the parties hereto.
157 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -8-
14. Captions and Definitions. Captions to the Sections in this Sublease are included for convenience only and are not intended and shall not be deemed to modify or explain any of the terms of this Sublease.
15. Further Assurances. The parties hereto agree that each of them, upon the request of the other party, shall execute and deliver, in recordable form if necessary, such further documents, instruments or agreements and shall take such further action that may be necessary or appropriate to effectuate the purposes of this Sublease.
16. Attorneys' Fees. Notwithstanding anything to the contrary contained herein, should any claim, action, or proceeding (including, for the avoidance of doubt, any appeals of a claim, action, or proceeding) be commenced between the parties hereto concerning any provision of this Sublease or the rights or duties of any person or entity in relation thereto, each party shall bear its own fees and costs (including, without limitation, attorneys' fees, accounting fees, expert witness fees, consulting fees, court costs, and all other costs) to the extent incurred in prosecuting or defending such claim, action, or proceeding against the other party. Nothing in this Section shall be construed to limit a party's obligation, as may be set forth elsewhere in this Sublease to indemnify another from any fees or costs (including, without limitation, attorneys' fees, accounting fees, expert witness fees, consulting fees, court costs, and all other costs), except to the extent incurred by the indemnified party in an action brought against the indemnifying party to enforce such indemnification provisions under this Sublease.
17. Governing Law; Venue. This Sublease shall be governed by and in all respects construed in accordance with the internal laws of the State of California. Venue for any litigation arising out of this Sublease shall be a court of competent jurisdiction in Alameda County, California, or if no court of competent jurisdiction exists there, then the next nearest court of competent jurisdiction.
18. Sublandlord Exculpation. Neither Sublandlord nor any of the Sublandlord Parties shall have any personal liability for any default by Sublandlord under this Sublease or arising in connection herewith or with the operation, management, leasing, repair, renovation, alteration or any other matter relating to the Shopping Center (as defined in the Master Lease) or the Subleased Premises, and Subtenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Subtenant. The terms of this Section 18 shall inure to the benefit of Sublandlord's and the Sublandlord Parties' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Sublandlord (if Sublandlord is a partnership), or trustee or beneficiary (if Sublandlord or any partner of Sublandlord is a trust), have any liability for the performance of Sublandlord's obligations under this Sublease. Notwithstanding any contrary provision herein, neither Sublandlord nor the Sublandlord Parties shall be liable under any circumstances for injury or damage to, or interference with, Subtenant's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.
19. Consent of Landlord. The validity of this Sublease shall be subject to the Landlord's prior written consent hereto pursuant to the terms of the Master Lease. 158 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -9-
20. Counterparts. This Sublease may be executed in any number of counterparts, which may be delivered electronically, via facsimile or by other means. Each electronic or facsimile signature shall be deemed to be an original, and all such counterparts (including those delivered electronically or via facsimile), when taken together, shall be deemed to constitute one and the same instrument.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK –
SIGNATURE PAGES FOLLOW]
159 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -10-
IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed as of the day and year first above written.
"Sublandlord":
INVERNESS MANAGEMENT, LLC,
a California limited liability company
By: ________________________________
Name: __________________________
Title: ___________________________
Addresses for notices to Sublandlord:
Inverness Management
Attn: Liza Morris
2020 L Street, 5th Floor
Sacramento, CA 95811
Phone: (916) 447-7100
Facsimile: (916) 447-7112
"Subtenant":
CITY OF UNION CITY,
a municipal corporation
By: ________________________________
Name: Joan Malloy
Title: City Manager
Address for notices to Subtenant:
34009 Alvarado-Niles Road,
Union City, CA 94587
Attention: City Manager
APPROVED AS TO FORM
By: ________________________________
Name: Kris J. Kokotaylo
Title: City Attorney
ATTEST
By: ________________________________
Name: Thai Nam N. Pham
Title: City Clerk
160 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp -10-
161 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp
EXHIBIT A
-1-
EXHIBIT A
SUBLEASED PREMISES
[TO BE PROVIDED]
162 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp
EXHIBIT A
-1-
163 of 613
4907-1964-1718.1
377172.00023/12-5-25/lae/mpp
EXHIBIT B
-1-
EXHIBIT B
MASTER LEASE
[Attached hereto]
164 of 613
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Management District Plan For:
Union Landing Property and Business Improvement
District
March 2025
165 of 613
TABLE OF CONTENTS
EXECUTIVE SUMMARY....................................................................................................1
1.1 The Union Landing PBID............................................................................................1
1.2 Goal of the Union Landing PBID................................................................................1
1.3 Boundaries.................................................................................................................1
1.4 Management District Plan Overview ........................................................................1 DISTRICT AT A GLANCE....................................................................................................2
2.1 Union Landing PBID Boundaries................................................................................2
2.2 Services......................................................................................................................2
2.3 Annual Total Budget and Assessments.....................................................................2
2.4 Term ..........................................................................................................................2 BACKGROUND................................................................................................................3
3.1 What is a Property and Business Improvement District (PBID)? ..............................3
3.2 Establishing a PBID ....................................................................................................3
3.3 PBID Name Designation ............................................................................................4
3.4 Timeline for Implementation and Completion of the District ..................................4 DESCRIPTION OF SERVICES..............................................................................................5
4.1 Security Services........................................................................................................5
4.2 Marketing Program ...................................................................................................5
4.3 Overhead...................................................................................................................5 ANNUAL AMOUNT TO BE COLLECTED & EXPENDED.........................................................6
5.1 Security Services Cost Estimate Budget....................................................................6 METHOD OF ASSESSMENT ............................................................................................ 10
6.1 Sources of Funding ..................................................................................................10
6.2 Basis of Assessment ................................................................................................10
6.3 General Benefit Assignment....................................................................................10
6.4 Special Benefit Point Assignment............................................................................10
6.5 Parcel Factors..........................................................................................................11
6.6 Total Benefit Points Calculation ..............................................................................12
6.7 Assessment Calculation...........................................................................................12
6.8 Number of Years Assessments Will Be Levied ........................................................12
6.9 Time and Manner of Collecting Assessments.........................................................12
6.10 Appeals Process.......................................................................................................13
6.11 Assessor’s Parcel Listing ..........................................................................................13 166 of 613
DISTRICT MANAGEMENT .............................................................................................. 14
7.1 Union Landing PBID Owners’ Association ...............................................................14
7.2 Public Access ...........................................................................................................14
7.3 Union Landing PBID Advisory Board .......................................................................14
7.4 Dissolution...............................................................................................................15 APPENDICES ................................................................................................................. 15 APPENDIX A – ASSESSMENT DIAGRAM ...............................................................................8-1 APPENDIX B – ASSESSOR’S PARCEL LISTING.........................................................................8-2 APPENDIX C – ENGINEER’S REPORT.....................................................................................8-3 167 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 1
EXECUTIVE SUMMARY
1.1 The Union Landing PBID
City of Union City (the City”) property owners in the Union Landing shopping center and the City Council (the “City Council”) of the City approved the formation of the Union Landing Property and Business Improvement District (the “PBID”) – a property and business improvement district pursuant to the Property and Business Improvement District Law of 1994, California Streets and Highway Code Sections 36600 et seq (the “1994 Act”) – in 2004 for a one-year period. Since formation, the PBID has been renewed multiple times, each previous renewal being for a three-year term. The PBID has provided funding for the operation of a police substation in the shopping center. In 2017, the PBID also included marketing services. In 2020, property owners in the PBID renewed the funding for both security and marketing services provided through the PBID for a five-year period. In 2025, property owners in the PBID will be provided with the opportunity to renew for another five-year period.
1.2 Goal of the Union Landing PBID
The goal of the PBID is to maintain the high quality entertainment and shopping environment of the Union Landing center, protect the safety of visitors, and provide businesses within the shopping center with valuable marketing efforts. The positive reputation of the center as a safe and enjoyable shopping and entertainment complex has allowed the center to maintain its position as a regional retail destination.
1.3 Boundaries
The Union Landing PBID includes those parcels which are located in the commercial business center known as the Union Landing Center. The center is generally bounded by Interstate 880 to the east, Whipple Road to the north, Dyer Street to the west and Alvarado-Niles Road to the south.
Please see Appendix A for the assessment diagram of the PBID.
1.4 Management District Plan Overview
The Management District Plan is the result of the work of property owners in the PBID and City staff dedicated to improving the Union Landing shopping Center. The Management District Plan includes an updated description of services, annual budget, assessment methodology, and district management guidelines.
168 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 2
DISTRICT AT A GLANCE
In 2004, property owners established the PBID for a one-year operational term. Based on the success of the services provided, property owners have renewed the PBID for additional three-year terms including the most recent renewal in 2017. In 2020, property owners in the PBID renewed the funding for both security and marketing services provided through the PBID for a five-year period.
2.1 Union Landing PBID Boundaries
The Union Landing PBID includes those parcels that are located in the commercial business center known as the Union Landing Center. The center is generally bounded by Interstate 880 to the east, Whipple Road to the north, Dyer Street to the West and Alvarado-Niles Road to the south.
Refer to Appendix A for an assessment diagram that more fully provides a description of the PBID’s boundaries and parcels within.
2.2 Services
The improvements, services, and activities provided in this Management District Plan include the provision of security services, marketing and promotional efforts and related management activities to support those efforts, as further described in Section 4, herein.
2.3 Annual Total Budget and Assessments
The total proposed annual operating budgets for Fiscal Year 2025/26 is $1,386,076.05 for security services and $304,776.00 for marketing services. This includes an additional six months of services as the PBID transitions to paying for services on a calendar year basis. Assessment revenue of $1,316,772.67 and $298,680.48, respectively provides 95.00% and 98.00%, respectively, of the annual operating budgets. The remaining portion of the annual operating budgets will be paid for by the City’s general fund. The assessment calculation for each property utilizes a combination of dispatched police calls, building square footage and lot square footage. Section 6 of this Management District Plan provides a more detailed procedure of the annual assessment calculation.
2.4 Term
If renewed, assessments would be collected for five years (July 1, 2025, through June 30, 2030).
Expenditure of those collected assessments can continue for up to six months after the end of the assessment collection period (December 31, 2030), at which point the PBID would terminate, if not renewed.
169 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 3
BACKGROUND
Property owners establish special assessment districts to provide a constant funding source for various improvements, services, and activities that benefit properties within a defined geographical area. The improvements, services, and activities can include providing enhanced cleaning and maintenance services, improving security, providing for marketing activities to promote and revitalize an area, and other programs found to benefit an area. The ongoing revenue stream for the improvements, services, and activities comes from the annual assessments funded by properties within the special assessment district. The process by which special assessment districts are formed is outlined below.
3.1 What is a Property and Business Improvement District (PBID)? A PBID is a special assessment district that provides for the levy and collection of assessments on properties within a geographically defined area. Assessment revenue collected from the benefitting properties pays the costs associated with the improvements, services, and activities provided to the PBID area. Proceedings are conducted pursuant to Proposition 218, the “Right to Vote on Taxes Act” approved by California voters in 1996, which added Articles XIIIC and XIIID to the California State Constitution (the “Assessment Law”) and the Property and Business Improvement District Law of 1994, California Streets and Highway Code Sections 36600 et seq (the “1994 Act”).
A PBID established under the Assessment Law and 1994 Act may be administered by an owners’ non-profit management corporation. The owners’ non-profit management corporation may administer or implement the improvements, services and activities specified in the management district plan. The City Council appointed PBID advisory board shall make a recommendation to the City Council on the expenditure of revenues derived from the levy of assessments. The advisory board shall also cause to be prepared a report of each fiscal year for which assessments are to be levied and collected. The annual report shall contain, but is not limited to, any proposed changes in the PBID boundaries or any benefit zones within the district; the improvement and activities to be provided for that fiscal year; an estimate of the cost of providing the improvements and the activities for that fiscal year; the method and basis of levying the assessment; the amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and the amount of any contributions to be made from sources other than assessments levied pursuant to this part.
3.2 Establishing a PBID
The 1994 Act and Assessment Law provide the legal framework for establishing this PBID. As part of the formation proceedings, a Management District Plan is prepared in accordance with Section 36622 of the 1994 Act. The Management District Plan must contain, but is not limited to, the following required elements:
• a map, in sufficient detail to locate each assessed property within the PBID; • the name of the PBID;
• the description of the boundaries, including any zones of benefit; • the improvements, services, and activities to be funded for each year of operation, along with the maximum cost;
170 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 4
• the total annual amount to be expended, in each year of operation, for improvements, services, activities, maintenance, and operations;
• the proposed source(s) of financing, including the basis and method of levying the assessments, and whether or not bonds will be issued;
• the time and manner of collecting the assessments;
• the specific number of years in which the assessments will be levied; • the time for implementation and completion of the Management District Plan; • any rules and regulations applicable to the PBID; and • a listing of the properties to be assessed along with the parcel number and the method by which expenses will be imposed upon benefitted real property in proportion to the benefit received.
3.3 PBID Name Designation
The name designation of this PBID is the Union Landing Property and Business Improvement District.
3.4 Timeline for Implementation and Completion of the District The PBID assessment will be effective beginning July 1, 2025, and ending June 30, 2030. PBID operations will begin in July 1, 2025.
171 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 5
DESCRIPTION OF SERVICES
The PBID will provide for the ongoing provision of security services, marketing efforts and management activities all located within the boundaries of the PBID.
4.1 Security Services
The security team will consist of three sworn full-time Union City police officers who will patrol the PBID and will be responsible for coordinating their activities to deter crime, make arrests when necessary, warn and advise trespassers and pan handlers, and respond to visitor inquiries. The staffing will include three police officers who will be dedicated on a full-time basis to the PBID. In addition, the Union City Police Department will provide emergency response to supplement dedicated services on an as-needed basis. The leasing of office space is also included.
The work schedule of the dedicated officers will be determined by the Chief of Police based upon the recommendations of the Owner’s Association of the PBID, the calls for service workload, general activity requiring increased police presence, Memorandum of Understanding with the Union City Police Officers Association, and with overall consideration of the general welfare of the entire PBID.
4.2 Marketing Program
Marketing in the PBID will generally consist of marketing and promotional efforts to maintain the visibility and desirability of Union Landing as a regional retail destination. These strategies include web page maintenance, digital campaigns, tenant engagement to support promotional efforts and can include events, center signage, banners, and murals. Marketing and promotional effort performance will be analyzed with findings and recommendations reported to the Owner’s Association. Additionally, any conditions that would affect brand perception in Union Landing will be documented and communicated to property owners or managers.
4.3 Overhead
In addition to the costs to provide the PBID services mentioned above, the PBID will incur costs for City staff time and expense related to the programs mentioned above, as well as the management of the PBID.
Professional management of the PBID by contract with a professional services contractor is also included.
City staff time includes oversight and coordination of City provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the PBID and services within the PBID, and without them the services could not be efficiently provided on an ongoing basis.
172 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 6
ANNUAL AMOUNT TO BE COLLECTED & EXPENDED
5.1 Security Services Cost Estimate Budget
5.1.1 2025/26 SECURITY SERVICES BUDGET
The estimated security services cost budget for the first operating period of the PBID renewal (July 1, 2025 through December 31, 2026) is as follows:
Description
2025/26
Budget
Security Services Costs:
Sworn Police Services Salaries $1,274,487.00
Vehicles and Equipment 36,244.50
Office Space Lease for Police Personnel 58,797.00
Supplies 16,548.00
Total Security Services and Incidental Costs $1,386,076.50 The 2025/26 estimated security services operating budget will be funded as follows:
Description of Revenue Source
2025/26
Revenue Amount
Assessment Revenue $1,316,793.34
Contributions for General Benefit (5.00% of Security Services Costs) 1 69,303.83 Rounding (20.67)
Total 2025/26 Annual Revenue $1,386,076.50
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
The 2025/26 budgets cover an 18-month period from July 1, 2025 through December 31, 2026 as the PBID transitions from funding on a fiscal year basis to a calendar year basis. Once that initial transition is complete, the PBID budget for 2026/27 will reflect the period of January 1, 2027 through December 31, 2027 as follows.
5.1.2 2026/27 SECURITY SERVICES BUDGET
Description
2026/27
Budget
Security Services Costs:
Sworn Police Services Salaries $883,644.32
Vehicles and Equipment 25,129.52
Office Space Lease for Police Personnel 40,765.92
Supplies 11,473.28
Total Security Services and Incidental Costs $961,013.04 The 2026/27 estimated security services operating budget will be funded as follows:
173 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 7
Description of Revenue Source
2026/27
Revenue Amount
Assessment Revenue $912,962.39
Contributions for General Benefit (5.00% of Security Services Costs) 1 48,050.65 Total 2026/27 Annual Revenue $961,013.04
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
5.1.3 2027/28, 2028/29, 2029/30 SECURITY SERVICES BUDGET Each fiscal year beginning Fiscal Year 2027/28, the maximum allowable assessment rate per benefit point may increase by up to four percent (4.00%) based on demonstrated need and a recommendation by the Owners’ Association in its annual report to the City and on City Council approval. The annual assessment cannot exceed the actual costs to operate the PBID in any given year.
Based upon a maximum possible annual assessment increase of 4.0%, beginning July 1, 2027, the total annual maximum assessment revenue each year for each of the five years is described in the following table:
Year Fiscal Year Total Maximum Annual
Assessment Revenue 1
1 2025/26 $1,316,772.67
2 2026/27 912,962.39
3 2027/28 949,480.89
4 2028/29 987,460.13
5 2029/30 1,026,958.54
1 Based upon assigned Benefit Points in FY 2025/26 which will remain the same for the five-year term of the PBID.
5.2 Marketing & Administration Program Cost Estimate Budget
5.2.1 2025/26 MARKETING & ADMINISTRATION PROGRAM SERVICES BUDGET The estimated marketing and administration program cost budget for the first operating period of the PBID renewal (July 1, 2025 through December 31, 2026) is as follows:
Description
2025/26
Budget
Marketing & Administration Services Costs:
Marketing Services $165,750.00
Administration Services Costs 1 239,026.00
Marketing & Administration Contingency 50,000.00
Less Prior Year Rollover Funds (150,000.00)
Total Marketing & Administration Services Costs $304,776.00 1 Includes costs of City staff, PBID administration, and County Auditor/Controller fees.
The 2025/26 estimated marketing program operating budget will be funded as follows:
174 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 8
Description of Revenue Source
2025/26
Revenue Amount
Assessment Revenue $298,678.28
Contributions for General Benefit (2.00% of Marketing & Administration Services Costs) 6,095.52
Rounding 2.20
Total 2025/26 Annual Revenue $304,776.00
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
The 2025/26 budgets cover an 18-month period from July 1, 2025 through December 31, 2026 as the PBID transitions from funding on a fiscal year basis to a calendar year basis. Once that initial transition is complete, the PBID budget for 2026/27 will reflect the period of January 1, 2027 through December 31, 2027 as follows.
5.2.2 2026/27 MARKETING & ADMINISTRATION PROGRAM SERVICES BUDGET Description
2026/27
Budget
Marketing & Administration Services Costs:
Marketing Services $114,920.00
Administration Services Costs 140,950.00
Marketing & Administration Contingency 52,000.00
Less Prior Year Rollover Funds 0.00
Total Marketing & Administration Services Costs $307,870.00 1 Includes costs of City staff, PBID administration, and County Auditor/Controller fees.
The 2026/27 estimated marketing program operating budget will be funded as follows:
Description of Revenue Source
2026/27
Revenue Amount
Assessment Revenue $301,712.60
Contributions for General Benefit (2.00% of Marketing & Administration Services Costs) 1 6,157.40
Total 2026/27 Annual Revenue $307,870.00
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
5.2.3 2027/28, 2028/29, 2029/30 MARKETING & ADMINISTRATION PROGRAM SERVICES BUDGET
Each fiscal year beginning Fiscal Year 2027/28, the maximum allowable assessment rate per benefit point may increase by up to four percent (4.00%) based on demonstrated need and a recommendation by the Owners’ Association in its annual report to the City and on City Council approval. The annual assessment cannot exceed the actual costs to operate the PBID in any given year. 175 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 9
Based upon a maximum possible annual assessment increase of 4.0%, beginning July 1, 2027, the total annual maximum assessment revenue each year for each of the five years is described in the following table:
Year Fiscal Year Total Maximum Annual
Assessment Revenue 1
1 2025/26 $298,680.48
2 2026/27 301,712.60
3 2027/28 313,781.11
4 2028/29 326,332.35
5 2029/30 339,385.65
1 Based upon assigned Benefit Points in FY 205/26 which will remain the same for the five-year term of the PBID. 176 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 10
METHOD OF ASSESSMENT
6.1 Sources of Funding
The levy and collection of annual assessments upon property within the PBID provides the primary funding source for the improvements, services, and activities previously outlined. As required by the Assessment Law, the City will also contribute funds toward that portion of costs related to general benefit conferred by the services.
The PBID will not issue bonds to finance any of the improvements, services, and activities provided by the PBID.
6.2 Basis of Assessment
The benefits provided to real property within the PBID relate to the improvements, services, and activities more fully described in Section 4, herein.
6.3 General Benefit Assignment
General benefit is a benefit to the public at large resulting from the implementation of PBID services. The amount of general benefit that conferred by from the PBID improvements, services, and activities cannot be funded by assessments within the PBID. It has been determined that 5.00% of the total benefits from the security services and 2.00% of the total benefits from the marketing services are considered to accrue to the public at large. Accordingly, 95.00% and 98.00% respectively of the benefits from the PBID improvements, services, and activities are considered to provide special benefits to the properties within the PBID and thus could be subject to assessment therein. Please see the City of Union City Union Landing Property and Business Improvement District Renewal Engineer’s Report (the “Engineer’s Report”), included as Appendix C, for a more detailed discussion of the calculation of the general benefit.
6.4 Special Benefit Point Assignment
Each of the parcels within the PBID receives a special benefit from the improvements. Each parcel that has a special benefit conferred upon it, as a result of the provision of improvements, services, and activities is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the total benefits.
The total costs of the improvements, services and activities less the amount of general benefit identified, will be assessed to the parcels within the PBID based on the benefit points assigned to each parcel. To assess special benefit appropriately, it is necessary to relate parcels of different land uses, lot size and building size. Please see the Engineer’s Report, included as Appendix C, for a more detailed discussion of the special benefit point assignment.
Each parcel’s land use is a factor that differentiates parcels based on the benefit received from the services within the PBID. Parcels with a commercial or industrial land use will be the basis for assigning benefit points since business is the focus of the service activities. 177 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 11
In addition to land use, the size of the parcel and size of the structure located on the parcel also need to be considered when assigning benefit points. A larger parcel with more building square footage has a greater level of benefit than a parcel that is smaller with less building square footage.
6.4.1 REDUCED FEAR OF CRIME BENEFIT POINTS
The reduced fear of crime benefit points are assigned as follows:
Reduced Fear of Crime Benefit Points Per
2,750.00 Dispatched Call for Service
1.20 Building Square Foot
0.315 Lot Square Foot
6.4.2 INCREASED ECONOMIC ACTIVITY BENEFIT POINTS
The increased economic activity benefit points are assigned as follows:
Increased Economic Activity
Benefit Points Per
0.50 Building Square Foot
6.5 Parcel Factors
The method of apportioning benefit to parcels within the PBID reflects the proportional special benefit assigned to each property from the PBID improvements, services and activities based upon the various property characteristics for each parcel as compared to other properties within the PBID. As part of the special benefit analysis various property characteristics were analyzed including dispatched calls for service, lot square footage, building square footage, and land use. Given that the special benefits provided by the PBID improvements, services, and activities focus on reduced fear of crime benefit and increased economic activity benefit, it was determined that dispatched calls for service, lot square footage, and building square footage are the most appropriate parcel factors. Each parcel’s dispatched calls for service, lot square footage and building square footage have been used as the primary assessment variables for the calculation and assignment of special benefit points.
6.5.1 LAND USE
Property in the PBID is primarily commercial business. One parcel in the PBID, APN 463 -0104-007-00, has been assigned a County Use Code of 4400 (Miscellaneous Industrial) as of January 2025. This parcel is currently the site of I Fly, an indoor skydiving venue, which is considered a commercial parcel for purposes of PBID classification.
A small number of parcels within the PBID are driveways, streets and signage. These parcels are deemed to receive no benefit from PBID services as they are connectors/signage for other properties and do not benefit from increased economic activity.
178 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 12
6.5.2 DISPATCHED CALLS FOR SERVICE
Dispatched calls for service is the primary factor in determining the reduced fear of crime benefit as the call volume indicates the use of police services.
6.5.3 LOT SQUARE FOOTAGE AND BUILDING SQUARE FOOTAGE
Building square footage and lot square footage are both secondary factors in determining reduced fear of crime benefit as they indicate the potential use of police services.
6.6 Total Benefit Points Calculation
The total Reduced Fear of Crime Benefit Points for the PBID at this time is 16,892,794.40.
The total Increased Economic Activity Benefit Points for the PBID at this time is 550,042.00.
6.7 Assessment Calculation
The method of assessment is discussed in detail in Engineer’s Report and is summarized below:
Total Security Services Costs to be Assessed / Total Reduced Fear of Crime Benefit Points = Assessment Rate per Reduced Fear of Crime Benefit Point $1,316,772.67 / 16,892,794.40 = $0.07795
Total Marketing & Administration Services Costs to be Assessed / Total Increased Economic Activity Benefit Points = Assessment Rate per Increased Economic Activity Benefit Point $298,680.48 / 550,042.00 = $0.54301
6.8 Number of Years Assessments Will Be Levied
The proposed term for the PBID is set at five years. The City will levy assessments beginning Fiscal Year 2025/26 up through and including Fiscal Year 2029/30. Expenditure of collected assessments may continue for up to six months after June 30, 2030, if the district is not renewed. In order to authorize the levy and collection of assessments after Fiscal Year 2029/30, the City and Owners’ Association will need to go through the renewal process pursuant to the Assessment Law and 1994 Act.
6.9 Time and Manner of Collecting Assessments
Each property owner pays a share of the cost of the PBID improvements, services, and activities based on an assessment formula. The payment is collected twice yearly, through the property tax bill. The PBID assessment, including any delinquent assessment and related interest and penalties, will be received by the Tax Collector of the County of Alameda. The Tax Collector shall transfer the assessment payments to the City for distribution to the PBID for the funding of the improvements, services, and activities described in this Management District Plan. Any assessment on a property that does not receive a property tax bill from the County of Alameda will be billed-directly by the City. 179 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 13
6.10 Appeals Process
Any property owner claiming that the amount or application of the assessment is not correct, including any factors determining the assessment, such as dispatched calls for service, lot square footage and building square footage may file a written notice of appeal with the City’s Finance Director who shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the assessment, including any factors determining the assessment, and decide the appeal. If the decision of the City’s Finance Director requires the assessment to be modified or changed in favor of the property owner, a cash refund, limited to the prior years’ assessment shall be paid to a property owner in excess of the difference between the amount actually assessed and paid by a property owner and the corrected rate as determined for the year prior to the filing of the appeal. A decision of the City’s Finance Director shall be final and conclusive.
6.11 Assessor’s Parcel Listing
Appendix B of this Management District Plan provides a listing of all of the Assessor’s Parcels, including the Assessor’s Parcel Number, businesses on the parcel, dispatched calls for service, lot square footage, building square footage, special benefit points and the total 2025/26 assessment. 180 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 14
DISTRICT MANAGEMENT
7.1 Union Landing PBID Owners’ Association
The PBID owners’ association, known as the “Union Landing Property Owners Association” (the “Owners’ Association”), is a non-profit organization whose membership consists of all property owners within the PBID who pay an annual PBID assessment. The Owners’ Association is governed by an advisory board (the “Advisory Board”) whose membership is designed to represent stakeholders and areas of the PBID as well as property owners of various sizes.
7.2 Public Access
The Owners’ Association is required to comply with specified state open meeting and public records laws, the Ralph M. Brown Act, commencing with Section 54950 of the Government Code, and the California Public Records Act, commencing with Section 6250 of the Government Code. Ralph M. Brown Act compliance is required when PBID business is heard, discussed, or deliberated, and the California Public Records Act compliance is required for all documents relating to PBID business.
7.3 Union Landing PBID Advisory Board
The powers and responsibilities of the Advisory Board are as follows:
• Review improvements, services, and activities provided and establish priorities for the upcoming Fiscal Year
• Submit an annual report to City
Each year, the Advisory Board shall prepare a report for each Fiscal Year, except the first year, for which assessments are levied and collected to pay the costs of the improvements, services, and activities described in the report. Each annual report must be filed with the City Clerk per Section 36650 of the 1994 Act; each report shall contain or provide, but not be limited to the following:
• Any proposed changes in the boundaries of the PBID or in any benefit zones within the district; • The improvements, services, and activities to be provided for that fiscal year; • An estimate of the cost of providing the improvements and the activities for that fiscal year; • The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year; • The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; • The amount of any contributions to be made from sources other than assessments levied pursuant to the 1994 Act.
The City Council may approve the annual report as filed, or the City Council may modify any particulars contained in the report, and then approve it as modified. Given the potential resulting impact to an assessment levy, any changes to the improvements, services, and/or activities require City Council approval.
Any modification to the annual report shall be made pursuant to Section 36635 and 36636 of the 1994 Act. 181 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 15
However, the City Council cannot approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments.
7.4 Dissolution
The PBID, when there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the PBID, may be disestablished by resolution by the City Council in either of the following circumstance:
1 If the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the PBID, it shall notice a hearing on disestablishment. 2 During the operation of the PBID, there shall be a 30-day period each year in which assessed property owners may request disestablishment of the PBID. The first such period shall begin one year after the date of establishment of the PBID and shall continue for a 30-day period. The next such 30-day period shall begin two years after the date of the establishment of the PBID. Each successive year of operation of the PBID shall have such a 30-day period. Upon the written petition of the owners of real property in the area who pay 30 percent or more of the assessments levied, the City Council shall notice a hearing on disestablishment. The City Council shall notice a hearing on disestablishment.
The City Council shall adopt a resolution of intention to disestablish the PBID prior to the public hearing. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the PBID. The public hearing shall be held not less than 30-days or more than 60- days after the adoption of the resolution of intention.
Upon the disestablishment of the PBID, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded to the owners of the property then located and operating within the PBID in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district was disestablished. If the disestablishment occurs before and assessment is levied for the fiscal year, the method and basis that was used to calculate the assessment levied in the immediate prior fiscal year shall be used to calculate the amount of refund.
182 of 613
Union Landing Business Improvement District
Management District Plan (March 2025) 15
APPENDICES
183 of 613
APPENDIX A – ASSESSMENT DIAGRAM
184 of 613
185 of 613
APPENDIX B – ASSESSOR’S PARCEL LISTING
186 of 613
Assmnt ID APN Owner Name
Dispatched
Police Calls
Building Square
Footage
Lot Square
Footage
Dispatched
Police Calls BP
Building Size
BP Parcel Size BP
Total Reduced
Fear of Crime BP
Rate Per Reduced
Fear BP
Reduced Fear of
Crime Assmnt
Building Size
BP
Total Economic
Activity BP
Rate per Economic
Activity BP
Economic Activity
Assmnt
1 463 -0060-012-10 BARBIERI VITTORE A & ANNA M TRS 36 12,280 73,774 99,000 14,736.00 23,238.81 136,974.81 0.07795 10,677.19 6,140.00 6,140.00 0.54301 3,334.08 14,011.272 463 -0060-012-14 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.003 463 -0060-013-07 K&P LAU FAMILY LP 17 5,760 60,034 46,750 6,912.00 18,910.71 72,572.71 0.07795 5,657.04 2,880.00 2,880.00 0.54301 1,563.87 7,220.914 463 -0060-015-11 DYER TRIANGLE LLC 66 20,603 106,316 181,500 24,723.60 33,489.54 239,713.14 0.07795 18,685.64 10,301.50 10,301.50 0.54301 5,593.82 24,279.465 463 -0060-015-13 DYER TRIANGLE LLC 323 65,668 231,864 888,250 78,801.60 73,037.16 1,040,088.76 0.07795 81,074.92 32,834.00 32,834.00 0.54301 17,829.19 98,904.116 463 -0060-021-03 DYER TRIANGLE LLC 218 31,714 235,289 599,500 38,056.80 74,116.04 711,672.84 0.07795 55,474.90 15,857.00 15,857.00 0.54301 8,610.51 64,085.417 463 -0060-022-05 KPDT ENTERPRISES LLC 189 68,433 224,694 519,750 82,119.60 70,778.61 672,648.21 0.07795 52,432.93 34,216.50 34,216.50 0.54301 18,579.90 71,012.838 463 -0060-029-00 VIRAY CHRISTOPHER 9 3,137 7,528 24,750 3,764.40 2,371.32 30,885.72 0.07795 2,407.54 1,568.50 1,568.50 0.54301 851.71 3,259.259 463 -0060-030-00 VIDEO ONLY INC 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.00 10 463 -0060-031-00 WAL-MART REAL ESTATE BUSINESS TRUST 810 146,645 696,352 2,227,500 175,974.00 219,350.88 2,622,824.88 0.07795 204,449.20 73,322.50 73,322.50 0.54301 39,814.85 244,264.0511 463 -0060-032-00 DYER UNION LANDINGS LLC 26 13,674 67,008 71,500 16,408.80 21,107.52 109,016.32 0.07795 8,497.82 6,837.00 6,837.00 0.54301 3,712.56 12,210.3812 463 -0060-034-00 VIDEO ONLY INC 85 23,500 88,209 233,750 28,200.00 27,785.84 289,735.84 0.07795 22,584.91 11,750.00 11,750.00 0.54301 6,380.37 28,965.2813 463 -0060-035-01 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0014 463 -0060-035-02 VIDEO ONLY INC 35 15,125 75,588 96,250 18,150.00 23,810.22 138,210.22 0.07795 10,773.49 7,562.50 7,562.50 0.54301 4,106.51 14,880.0015 463 -0060-036-00 BRE ESA P PORTFOLIO LLC 227 55,684 106,637 624,250 66,820.80 33,590.66 724,661.46 0.07795 56,487.36 27,842.00 27,842.00 0.54301 15,118.48 71,605.8416 463 -0060-037-00 SOUTHVIEW PEAK LLC 60 6,526 49,014 165,000 7,831.20 15,439.41 188,270.61 0.07795 14,675.69 3,263.00 3,263.00 0.54301 1,771.84 16,447.5317 463 -0060-038-00 ROBERT SWANSON FAMILY PTP 54 7,255 59,068 148,500 8,706.00 18,606.42 175,812.42 0.07795 13,704.58 3,627.50 3,627.50 0.54301 1,969.77 15,674.3518 463 -0060-039-00 AUSTIN CRAVINGS UNION LANDING LLC 17 10,912 34,037 46,750 13,094.40 10,721.66 70,566.06 0.07795 5,500.62 5,456.00 5,456.00 0.54301 2,962.66 8,463.2819 463 -0060-040-00 DYER TRIANGLE LLC 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0020 463 -0060-041-01 DYER TRIANGLE LLC 271 129,069 193,842 745,250 154,882.80 61,060.23 961,193.03 0.07795 74,925.00 64,534.50 64,534.50 0.54301 35,042.88 109,967.8821 463 -0060-042-00 DYER TRIANGLE LLC 403 23,058 443,189 1,108,250 27,669.60 139,604.54 1,275,524.14 0.07795 99,427.11 11,529.00 11,529.00 0.54301 6,260.36 105,687.4722 463 -0060-043-00 DYER TRIANGLE LLC 86 25,747 103,452 236,500 30,896.40 32,587.38 299,983.78 0.07795 23,383.74 12,873.50 12,873.50 0.54301 6,990.44 30,374.1823 463 -0060-045-02 PAPPAS UNION CITY NO 2 LP 79 3,179 47,421 217,250 3,814.80 14,937.62 236,002.42 0.07795 18,396.39 1,589.50 1,589.50 0.54301 863.11 19,259.5024 463 -0060-046-00 PAPPAS UNION CITY NO 2 LP 412 159,284 490,050 1,133,000 191,140.80 154,365.75 1,478,506.55 0.07795 115,249.59 79,642.00 79,642.00 0.54301 43,246.40 158,495.9925 463 -0060-047-01 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0026 463 -0060-047-02 PAPPAS UNION CITY NO 2 LP 351 46,161 166,101 965,250 55,393.20 52,321.82 1,072,965.02 0.07795 83,637.62 23,080.50 23,080.50 0.54301 12,532.94 96,170.5627 463 -0060-048-00 PAPPAS UNION CITY NO 2 L P 30 17,037 70,132 82,500 20,444.40 22,091.58 125,035.98 0.07795 9,746.55 8,518.50 8,518.50 0.54301 4,625.63 14,372.1828 463 -0060-049-00 PAPPAS UNION CITY NO 2 LP 503 39,774 132,858 1,383,250 47,728.80 41,850.27 1,472,829.07 0.07795 114,807.03 19,887.00 19,887.00 0.54301 10,798.84 125,605.8729 463 -0060-050-00 PAPPAS UNION CITY 2 L P 305 28,105 114,563 838,750 33,726.00 36,087.35 908,563.35 0.07795 70,822.51 14,052.50 14,052.50 0.54301 7,630.65 78,453.1630 463 -0060-051-00 PAPPAS UNION CITY NO 2 L P 141 38,561 159,662 387,750 46,273.20 50,293.53 484,316.73 0.07795 37,752.49 19,280.50 19,280.50 0.54301 10,469.50 48,221.9931 463 -0060-052-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0032 463 -0060-053-00 LOTUS HOTELS UNION CITY INC 199 38,998 72,360 547,250 46,797.60 22,793.40 616,841.00 0.07795 48,082.76 19,499.00 19,499.00 0.54301 10,588.15 58,670.9133 463 -0060-054-00 LOTUS HOTELS UNION LANDING INC 179 56,328 47,021 492,250 67,593.60 14,811.62 574,655.22 0.07795 44,794.37 28,164.00 28,164.00 0.54301 15,293.33 60,087.7034 463 -0104-001-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0035 463 -0104-002-00 CITY OF UNION CITY 1 798 9,967 2,750 957.60 3,139.61 6,847.21 0.07795 533.74 399.00 399.00 0.54301 216.66 750.4036 463 -0104-003-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0037 463 -0104-004-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0038 463 -0104-006-00 H & S ENERGY LLC 22 1,572 21,902 60,500 1,886.40 6,899.13 69,285.53 0.07795 5,400.81 786.00 786.00 0.54301 426.81 5,827.6239 463 -0104-007-00 SKY VENTURE SILICON VALLEY LLC 28 5,497 9,508 77,000 6,596.40 2,995.02 86,591.42 0.07795 6,749.80 2,748.50 2,748.50 0.54301 1,492.46 8,242.2640 463 -0104-008-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.00 5,182 1,100,084 4,197,440 14,250,500 1,320,100.80 1,322,194 16,892,794.40 1,316,793.34 550,042.00 550,042.00 298,678.28 1,615,471.62 Reduced Fear of Crime Benefit Points & Assessment Increased Economic Activity Benefit Points & Assessment
TOTAL PBID
ASSESSMENT
APPENDIX C – ENGINEER’S REPORT
188 of 613
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Renewal Engineer’s Report For:
Union Landing Property and Business Improvement
District
March 2025
189 of 613
TABLE OF CONTENTS
ENGINEER’S LETTER ........................................................................................................1 INTRODUCTION ..............................................................................................................4
2.1 Background of PBID...................................................................................................4
2.2 Reason for the Assessment.......................................................................................4
2.3 Process for Renewing the PBID.................................................................................4 PLANS AND SPECIFICATIONS ...........................................................................................6
3.1 Description of the Boundaries of the PBID ...............................................................6
3.2 Description of the Improvements, Services, and Activities......................................6 ESTIMATE OF COSTS .......................................................................................................8
4.1 Security Services Cost Estimate Budget....................................................................8
4.2 Marketing & Administration Program Cost Estimate Budget...................................8
4.3 2026/27 Budgets.......................................................................................................9 SPECIAL AND GENERAL BENEFITS .................................................................................. 11
5.1 Introduction.............................................................................................................11
5.2 Identification of Benefit ..........................................................................................11
5.3 Separation of General Benefit.................................................................................12
5.4 Quantification of General Benefit...........................................................................12
5.5 Apportioning of Special Benefit ..............................................................................14
5.6 Parcel Factors..........................................................................................................16
5.7 Total Benefit Points Calculation ..............................................................................17 METHOD OF ASSESSMENT ............................................................................................ 18
6.1 Balance to be Assessed ...........................................................................................18
6.2 Method of Assessment Spread ...............................................................................19
6.3 2026/27 Assessment Rates.....................................................................................19
6.4 Cost of Living Inflator ..............................................................................................20 ASSESSMENT DIAGRAM................................................................................................ 21 ASSESSMENT ROLL........................................................................................................ 22 190 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 1
ENGINEER’S LETTER
Pursuant to the Property and Business Improvement District Law of 1994, Section 36600 of California’s Streets and Highways Code (the “1994 Act”), it is proposed that the Union Landing Property and Business Improvement District (the “PBID”) be renewed. If renewed, assessments would be collected for up to five years (July 1, 2025 – June 30, 2030). Expenditure of those collected assessments can continue for up to six months after the end of the assessment collection period (December 31, 2030), at which point the PBID would then be terminated, if not renewed.
This Engineer’s Report presents the plans and specifications describing the improvements, services, and activities, an estimate of the costs of the improvements, services, and activities for the PBID for the 2025/26 Fiscal Year, a proposed assessment diagram showing the area and properties to be assessed, and an assessment of the estimated costs of the improvements, services, and activities, assessing the net amount upon all assessable lots and/or parcels within the PBID in proportion to the special benefit received.
The following assessments are authorized in order to pay the estimated costs of the PBID improvements, services and activities to be paid by the assessable real property within the boundaries of the PBID in proportion to the special benefit received. The following tables summarize the PBID assessment:
Description Amount
2025/26 Security Services Costs:
Sworn Police Services Salaries $1,274,487.00
Vehicles and Equipment 36,244.50
Office Space Lease for Police Personnel 58,797.00
Supplies 16,548.00
Total Security Services Costs $1,386,076.50
Less: Contributions for General Benefit (5.00% of Total Operating Costs) 1($69,303.83) Plus: Rounding 20.67
Total 2025/26 Maximum Security Services Assessment: $1,316,793.34 Total Reduced Fear of Crime Benefit Points 3 16,892,794.40 2025/26 Maximum Allowable Assessment per Reduced Fear of Crime Benefit Point $0.07795 1 Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit. 2 Includes costs of the City/Management staff, assessment engineering/administration, and County Auditor/Controller fees. 3 Refer to Section 5 of this Engineer’s Report for an explanation of Reduced Fear of Crime Benefit Points. 191 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 2
Description Amount
2025/26 Marketing & Administration Services Costs:
Marketing Services $165,750.00
Administration Services 2 239,026.00
Marketing & Administration Contingency 50,000.00
Less Prior Year Rollover Funds (150,000.00)
Total Marketing & Administration Services Costs $304,776.00 Less: Contributions for General Benefit (2.00% of Total Marketing & Administration Services Costs) 1
($6,095.52)
Less: Rounding (2.20)
Total 2025/26 Maximum Marketing & Administration Services Assessment: $298,678.28 Total Increased Economic Activity Benefit Points 3 550,042.00 2025/26 Maximum Allowable Assessment per Increased Economic Activity Benefit Point $0.54301 1 Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit. 2 Includes costs of the City/Management staff, assessment engineering/administration, and County Auditor/Controller fees. 3 Refer to Section 5 of this Engineer’s Report for an explanation of Increased Economic Activity Benefit Points.
The assessment methodology adheres to local and state laws. In making the assessments contained herein pursuant to the 1994 Act, Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act, commencing with Section 53750 of the Government Code (collectively referred to as the “Assessment Law”):
1. I identified all parcels which will have a special benefit conferred upon them from the installation, implementation and provision of the improvements, services, and activities described in Section
3.2 to this Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Section 7 of this Engineer’s Report.
2. I have assessed the costs and expenses to install, implement and maintain the improvements, services, and activities upon the Specially Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Specially Benefited Parcel from the installation, implementation and provision of the improvements, services, and activities was determined in relationship to the entirety of the costs; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the installation, implementation and provision of improvements, services, and activities; and c. Any general benefits from the installation, implementation and provision of improvements, services, and activities have been quantified and separated from the special benefits and only special benefits have been assessed. 192 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 3
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Proposed Boundary Map herein have been prepared and computed in accordance with the Assessment Law.
By:
John G. Egan
Assessment Engineer
R.C.E. 14853
193 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 4
INTRODUCTION
2.1 Background of PBID
City of Union City (the City”) property owners in the Union Landing shopping center and the City Council (the “City Council”) of the City approved the formation of the Union Landing Property and Business Improvement District (the “PBID”) – a property and business improvement district pursuant to the Property and Business Improvement District Law of 1994, California Streets and Highway Code Sections 36600 et seq (the “1994 Act”) – in 2004 for a one-year period. Since formation, the PBID has been renewed multiple times, for three-year terms and in 2020 for a five-year term. The 2020 renewal also added marketing services within the PBID in addition to the operation of a police substation in the shopping center. In 2025, property owners in the PBID will be asked to renew the funding for services provided through the PBID, for a five-year period. This renewal will also include extraordinary funding in the first year of the term to move the provision of services from a fiscal year basis to a calendar year basis.
As part of the assessment district formation process, this Engineer’s Report has been prepared to support the renewal proceedings for the PBID.
2.2 Reason for the Assessment
Approval of the assessment covered by this Engineer’s Report will generate the annual assessment revenue necessary to provide for the provision of the services more fully described in Section 3.2. The PBID improvements, services, and activities include all necessary operations and administration required to keep the PBID improvements in an operational and satisfactory condition, as well as provide for the ongoing services and activities. The implementation and operations of the PBID improvements, services, and activities shall also include equipment, capital improvements, and administrative costs associated with the annual administration and operation of the PBID.
2.3 Process for Renewing the PBID
The City cannot renew the PBID and levy assessments without complying with the procedures specified in California Constitution Article XIIID (part of Proposition 218). In November 1996, the voters in the State of California passed Proposition 218 which added Article XIIID to the California Constitution imposing, among other requirements, the necessity to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be imposed, the opportunity to express their support for, or opposition to, the proposed assessment. The basic steps of the assessment ballot procedure are outlined below.
The City must prepare a notice of public hearing, which describes, along with other mandated information, the reason for the proposed assessments and provide a date, time and location of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and execute their assessment ballot either in favor of, or in opposition to, the proposed assessment. The notice and assessment ballot are mailed to each affected property owner within the PBID a minimum of 45 days prior to the public hearing date as shown in the notice. The City may also hold community meetings with the property owners to discuss the issues facing the PBID and to answer property owner questions directly.
194 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 5
After the notice and assessment ballot are mailed, property owners are given until the close of the public hearing, as stated in the notice, to return their signed and executed assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. After the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council.
Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to enact the assessments as proposed. A majority protest exists if the assessments represented by weighted ballots submitted in opposition exceed those weighted ballots submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel, in relation to the total proposed assessments. If there is no majority protest as described above, the City Council may approve the PBID renewal and levy the assessments.
195 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 6
PLANS AND SPECIFICATIONS
3.1 Description of the Boundaries of the PBID
The Union Landing PBID includes those parcels which are located in the commercial business center known as the Union Landing Center. The center is generally bounded by Interstate 880 to the east, Whipple Road to the north, Dyer Street to the west and Alvarado-Niles Road to the south.
Section 7 of this Engineer’s Report provides an Assessment Diagram that more fully provides a description of the PBID boundaries.
3.2 Description of the Improvements, Services, and Activities The PBID will provide for the ongoing provision of security services, marketing efforts and management activities all located within the boundaries of the PBID.
3.2.1 SECURITY SERVICES
The security team will consist of three sworn full-time Union City police officers who will patrol the PBID and will be responsible for coordinating their activities to deter crime, make arrests when necessary, warn and advise trespassers and pan handlers, and respond to visitor inquiries. The staffing will include three police officers who will be dedicated on a full-time basis to the PBID. In addition, the Union City Police Department will provide emergency response to supplement dedicated services on an as-needed basis. The leasing of office space is also included.
The work schedule of the dedicated officers will be determined by the Chief of Police based upon the recommendations of the Owner’s Association of the PBID, the calls for service workload, general activity requiring increased police presence, Memorandum of Understanding with the Union City Police Officers Association, and with overall consideration of the general welfare of the entire PBID.
3.2.2 MARKETING PROGRAM
Marketing in the PBID will generally consist of marketing and promotional efforts to maintain the visibility and desirability of Union Landing as a regional retail destination. These strategies include web page maintenance, digital campaigns, tenant engagement to support promotional efforts and can include events, center signage, banners, and murals. Marketing and promotional effort performance will be analyzed with findings and recommendations reported to the Owner’s Association. Additionally, any conditions that would affect brand perception in Union Landing will be documented and communicated to property owners or managers.
3.2.3 MANAGEMENT AND OPERATIONS
In addition to the costs to provide the PBID services mentioned above, the City will incur costs for staff time and expense related to the programs mentioned above, as well as the management of the PBID.
Professional PBID management services will also be contracted to transfer the majority of the administration duties from City staff. Staff time includes oversight and coordination of City provided services, annual tax roll preparation, and addressing property owner questions and concerns. The PBID renewal and tax roll billing services are also included. These activities are directly related to the PBID and 196 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 7
services within the PBID, and without them the services could not be efficiently provided on an ongoing basis.
197 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 8
ESTIMATE OF COSTS
The estimated costs of installation, implementation and provision of the PBID improvements, services, and activities as described in Section 3 are outlined below. Each year, as part of the PBID assessment levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year.
4.1 Security Services Cost Estimate Budget
The estimated security services cost budget for the first operating period of the PBID renewal (July 1, 2025 through December 31, 2026) is as follows:
Description
2025/26
Budget
Security Services Costs:
Sworn Police Services Salaries $1,274,487.00
Vehicles and Equipment 36,244.50
Office Space Lease for Police Personnel 58,797.00
Supplies 16,548.00
Total Security Services and Incidental Costs $1,386,076.50 The 2025/26 estimated security services operating budget will be funded as follows:
Description of Revenue Source
2025/26
Revenue Amount
Assessment Revenue $1,316,772.67
Contributions for General Benefit (5.00% of Security Services Costs) 1 69,303.83 Total 2025/26 Annual Revenue $1,386,076.50
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
4.2 Marketing & Administration Program Cost Estimate Budget The estimated marketing and administration program cost budget for the first operating period of the PBID renewal (July 1, 2025 through December 31, 2026) is as follows:
Description
2025/26
Budget
Marketing & Administration Services Costs:
Marketing Services $165,750.00
Administration Services Costs 1 239,026.00
Marketing & Administration Contingency 50,000.00
Less Prior Year Rollover Funds (150,000.00)
Total Marketing & Administration Services Costs $304,776.00 1 Includes costs of City staff, PBID administration, and County Auditor/Controller fees. 198 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 9
The 2025/26 estimated marketing program operating budget will be funded as follows:
Description of Revenue Source
2025/26
Revenue Amount
Assessment Revenue $298,680.48
Contributions for General Benefit (2.00% of Marketing & Administration Services Costs) 6,095.52
Total 2025/26 Annual Revenue $304,776.00
4.3 2026/27 Budgets
The 2025/26 budgets cover an 18-month period from July 1, 2025 through December 31, 2026 as the PBID transitions from funding on a fiscal year basis to a calendar year basis. Once that initial transition is complete, the PBID budget for 2026/27 will reflect the period of January 1, 2027 through December 31, 2027 as follows:
4.3.1 2026/27 SECURITY SERVICES BUDGET
Description
2026/27
Budget
Security Services Costs:
Sworn Police Services Salaries $883,644.32
Vehicles and Equipment 25,129.52
Office Space Lease for Police Personnel 40,765.92
Supplies 11,473.28
Total Security Services and Incidental Costs $961,013.04 The 2026/27 estimated security services operating budget will be funded as follows:
Description of Revenue Source
2026/27
Revenue Amount
Assessment Revenue $912,962.39
Contributions for General Benefit (5.00% of Security Services Costs) 1 48,050.65 Total 2026/27 Annual Revenue $961,013.04
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
4.3.2 2026/27 MARKETING & ADMINISTRATION SERVICES BUDGET Description
2026/27
Budget
Marketing & Administration Services Costs:
Marketing Services $114,920.00
Administration Services Costs 140,950.00
Marketing & Administration Contingency 52,000.00
Less Prior Year Rollover Funds 0.00
Total Marketing & Administration Services Costs $307,870.00 1 Includes costs of City staff, PBID administration, and County Auditor/Controller fees. 199 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 10
The 2026/27 estimated marketing program operating budget will be funded as follows:
Description of Revenue Source
2026/27
Revenue Amount
Assessment Revenue $301,712.60
Contributions for General Benefit (2.00% of Marketing & Administration Services Costs) 1 6,157.40
Total 2026/27 Annual Revenue $307,870.00
1 Comprised of additional funds generated from sources other than assessments. Refer to Section 5 of this Engineer’s Report for an explanation of General Benefit.
200 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 11
SPECIAL AND GENERAL BENEFITS
5.1 Introduction
Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the public services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the project.
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties within an assessment district must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels which might be exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. There are nine parcels in the PBID that are public streets or easements for signage which are exempt from the assessment.
Furthermore, Article XIIID requires that the City separate the general benefit from special benefit, so that only the special benefit may be assessed.
5.2 Identification of Benefit
The provisions of services and necessary related administrative expenses the City will incur in providing and managing the PBID services will provide benefits to both those properties within the boundary of the PBID and to the surrounding area. The benefits conferred to property within the boundary of the PBID from the services are described below. This report does not consider any general enhancement of property value.
5.2.1 REDUCED FEAR OF CRIME
Fear of crime impacts American society to a large degree. People choose where to shop, socialize and live grounded in their perceptions of safety.1 Police substations are shown to be very effective at reducing the fear of crime in their immediate vicinity. Multiple studies have shown that implementation of police substations increase citizen satisfaction and reduce the fear of crime in the area of the substation.2 Policing strategies characterized by more direct involvement of police and citizens, such as police substations, have the effect of reducing fear of crime in a neighborhood. 3 Security:
The regular presence of officers in the PBID allows for increased quantity and quality of face-to-face nonenforcement interactions between police officers and community members. Fear of crime can lead to fewer customers in a commercial center. Reduced fear of crime creates an environment which attracts customers 1 Cordner, Gary. (2010) Reducing Fear of Crime Strategies for Police. Office of Community Oriented Policing Services. Washington, DC: U.S. Department of Justice.
2 Johnson, Richard R., Ph.D. (2016) Reducing Fear of Crime and Increasing Citizen Support for Police. Raleigh, North Carolina:
Dolan Consulting Group.
3 National Research Council. (2004). Fairness and Effectiveness in Policing: The Evidence. Committee to Review Research on Police Policy and Practices. Wesley Skogan and Kathleen Frydl, editors. Committee on Law and Justice, Division of Behavioral and Social Sciences and Education. Washington, DC: The National Academies Press. 201 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 12
to the Union Landing shopping center. A robust commercial environment also attracts and encourages investment in business development.
5.2.2 INCREASED ECONOMIC ACTIVITY
Marketing services serve to bring customers to a shopping center such as Union Landing, but also provide a tool to retain and attract business owners and tenants.4Increasing the quantity and quality of foot traffic will increase business sales. This, in turn, creates a robust retail environment which encourages business development and investment.
Marketing & Administration:
Marketing activities aim to increase economic activity and future property development potential within the PBID. Through strategic marketing campaigns consisting of digital marketing and promotional efforts, the retail environment will be enhanced. A strong marketing presence will also attract, retain and encourage the expansion of business throughout the PBID. Administration activities are essential to having an active PBID and community within the shopping center.
5.3 Separation of General Benefit
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed. A general benefit is an overall and similar benefit to the public at large resulting from the services to be provided by the assessments levied.
The security services will provide reduced fear of crime benefits to property within the PBID, but it is recognized that the security services will also provide a level of benefit to some property within proximity to the PBID. The officers assigned to the police substation in the PBID respond primarily to calls for service within the Union Landing shopping center. As City police officers, they do, however, occasionally respond to emergency calls in the vicinity but outside the boundary of the PBID. This is considered to be a general benefit that cannot be funded by PBID assessments.
Marketing efforts conducted in the PBID are specific to the Union Landing shopping center and the benefit from such marketing will chiefly benefit businesses within the PBID. It is conceivable, however, that other City businesses may benefit from marketing activity conducted for Union Landing.
Therefore, the general benefit created as a result of PBID services has been considered. These activities create general benefit that is required to be separated and quantified as shown below.
5.4 Quantification of General Benefit
The amount of general benefit that is provided from the PBID services cannot be funded via property owner assessments within the PBID. In order for property within the PBID to be assessed only for that portion of 4 Wagner, Nancy. (2017) The Purpose in Preparing a Shopping Mall’s Sales Marketing Plan. 202 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 13
special benefit received from the PBID services, general benefits provided by the services needs to be quantified.
The PBID consists of a variety of non-residential property land uses, including one movie theater, three hotels, two dental offices, numerous retail stores, an indoor skydiving facility and the Union Landing Transit Center. Properties within the PBID are classified to a land use category according to the assigned land use code as shown on the County Assessor’s latest secured property tax roll.
5.4.1 GENERAL BENEFIT: REDUCED FEAR OF CRIME FROM SECURITY SERVICES As a result of security services within the PBID, there will be a level of general benefit to surrounding property. Without the police substation located within the PBID, there would be fewer officers on duty in the area of the PBID. This general benefit, as a result of the operation of the police substation, needs to be quantified.
Police officers assigned to the Union Landing police substation were dispatched on 5,182 calls during calendar year 2024. In addition to those 5,182 dispatched calls, approximately 259 were to locations outside of the PBID.
Union Landing Police Substation Dispatched Calls
Dispatched Calls Within PBID 5,182
Dispatched Calls Outside PBID 259
Total Dispatched Calls 5,441
The number of dispatched calls to property outside of the PBID (259) is 5.00% of the total dispatched calls (5,441), and is therefore considered to be general benefit.
General Benefit: Dispatched Calls 5.00%
In addition to responding to calls within Union Landing, the Union City Police Department routinely deploys officers on overtime and conducts special enforcement at the complex as part of a proactive and specialized response to crime trends at the Union Landing complex. Special enforcement officers have been deployed in unmarked and even rented vehicles as part of sting operations in an attempt to curb criminal activity at the Union Landing complex. Additionally, rather than direct victims of certain crimes, such as vehicle burglary, vandalism, theft and lost property, to file a report via the City’s online reporting system, officers make face-to-face contact with victims of these crimes within Union Landing. The additional services to Union Landing, conservatively, do not reduce the overall general benefit resulting from the security services. Therefore, the general benefit related to the reduced fear of crime is 5.00% and the special benefit related to the reduced fear of crime is 95.00%. 203 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 14
5.4.2 GENERAL BENEFIT: INCREASED ECONOMIC ACTIVITY FROM MARKETING &
ADMINISTRATION SERVICES
As a result of marketing and administration services within the PBID, there may be a level of general benefit to other commercial property. Administration services support the PBID, which supports Union Landing. Although the marketing campaign is designed to specifically highlight the PBID and its businesses, one can imagine a degree of benefit accruing to other businesses in Union City. While customers may travel to shop in Union Landing, they may also patronize other local business. Since Union Landing is a distinct shopping center with very little commercial property in the immediate surrounding area, the benefit to other local business is expected to be very small. In lieu of a detailed study showing what effects the marketing efforts of the Association have on Union City businesses not within the PBID, we liberally estimate the general benefit resulting from the marketing services to be 2.00%.
Increased Economic Activity General Benefit 2.00%
Therefore, the general benefit related to the increased economic activity is 2.00% and the special benefit related to the increased economic activity is 98.00%.
5.5 Apportioning of Special Benefit
As outlined in Section 5.2, each of the parcels within the PBID receives a special benefit from the services.
Each parcel that has a special benefit conferred upon it, as a result of the provisions of services, is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the services.
The total costs of the services, less the amount of general benefit identified, will be assessed to the parcels within the PBID based on the benefit points assigned to each parcel. Section 6.3 of this report provides a detailed breakdown of the assigned benefit points described herein. To assess special benefit appropriately, it is necessary to relate parcels of different land use, lot size and building size to one another.
Each parcel’s land use is a factor that differentiates parcels based on the benefit received from the services within the PBID. Parcels with a commercial or industrial land use will be the basis for assigning benefit points since business is the focus of the service activities.
In addition to land use, the size of the parcel and size of the structure located on the parcel also need to be considered when assigning benefit points. A larger parcel with more building square footage has a greater level of benefit than a parcel that is smaller with less building square footage.
5.5.1 REDUCED FEAR OF CRIME BENEFIT POINTS
The reduced fear of crime benefit relates to the public perception of the Union Landing shopping center as a result of staffing the Union Landing police substation, one of the PBID services. The police services will provide for consistent police presence and response within the PBID which has been shown to reduce the fear of crime thereby creating a more positive commercial environment for property in the PBID.
In order to recognize the varying levels of reduced fear of crime benefit, properties are assigned benefit points related to the number of dispatched police calls, building square footage and parcel size. Property in 204 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 15
the PBID is primarily commercial business5. Given the fairly homogenous land use, commercial property within the PBID are assigned Reduced Fear of Crime Benefit Points based on the dispatched calls for service, building square footage and lot square footage. Dispatched calls for service is the primary factor in determining the reduced fear of crime benefit as the call volume indicates the use of police services.
Building Square footage and lot square footage are both secondary factors in determining reduced fear of crime benefit as they indicate the potential use of police services. Given the total dispatched police calls to parcels within the PBID of 5,182, building square footage of approximately 1.1 million and lot square footage of approximately 4.2 million, the benefit points per each criteria has been calculated to adjust for the varying totals and weight the benefit as described above. The Reduced Fear of Crime Benefit Points are as shown in the following table:
Reduced Fear of Crime Benefit Points Per
2,750.00 Dispatched Call for Service
1.20 Building Square Foot
0.315 Lot Square Foot
A small number of parcels within the PBID are driveways, streets and signage. These parcels are deemed to receive no benefit from PBID services as they are connectors/signage for other properties and do not benefit from reduced fear of crime.
5.5.2 INCREASED ECONOMIC ACTIVITY BENEFIT POINTS
The PBID services will promote Union Landing businesses through targeting marketing efforts. These services will encourage visitors to shop, dine and conduct business throughout the PBID. This, in turn, will make business property more prosperous, and will attract additional investment to spur economic activity.
In order to recognize the varying levels of economic activity benefit, properties are assigned benefit points related to building square footage. Property in the PBID is primarily commercial business6. Given the fairly homogenous land use, commercial property within the PBID are assigned Increased Economic Activity Benefit Points as shown in the following table:
Increased Economic Activity
Benefit Points Per
0.50 Building Square Foot
A small number of parcels within the PBID are driveways, streets and signage. These parcels are deemed to receive no benefit from PBID services as they are connectors/signage for other properties and do not benefit from increased economic activity.
5 One parcel in the PBID, APN 463 -0104-007-00, has been assigned a County Use Code of 4400 (Miscellaneous Industrial) as of January 2020. This parcel is currently the site of I Fly, an indoor skydiving venue, which is considered a commercial parcel for purposes of PBID classification.
6 One parcel in the PBID, APN 463 -0104-007-00, has been assigned a County Use Code of 4400 (Miscellaneous Industrial) as of January 2020. This parcel is currently the site of I Fly, an indoor skydiving venue, which is considered a commercial parcel for purposes of PBID classification.
205 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 16
5.5.3 DATA CONSIDERATIONS AND PARCEL CHANGES
The use of the latest Assessor’s Secured Roll information has been the basis in determining each parcel’s land use category, building square footage and lot square footage, unless better data was or is available to the City. The City’s crime analyst data has been used to determine the dispatched police call volume. The building size, lot square footage and dispatched police call volume used to establish the assessment will remain unchanged for the term of the assessment. In addition, if any parcel within the PBID is identified by the County Auditor/Controller to be an invalid parcel number, the land use category, building square footage, lot square footage and dispatched police call volume of the subsequent valid parcels shall serve as the basis in assigning special benefit points.
5.5.4 SPECIAL CONSIDERATIONS: PUBLICLY OWNED PARCELS
Any publicly owned parcels that benefit from the improvements cannot be exempt from the assessment.
The special benefits accruing to these types of parcels must be determined using the same kind of formulas and benefit point assignment as applied to privately owned parcels. This requirement is clearly conveyed in Article XIII D, Section 4(a) of the California Constitution which states in part, “... Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Publicly owned parcels have been categorized and assigned benefit units using the same methodology as privately owned parcels, based on their land use as shown on the County Assessor’s latest secured property tax roll.
5.5.5 ASSESSMENT INCREASES
The maximum annual assessment rates are subject to an annual increase beginning July 1, 2026. The maximum annual assessment rate increase is 4%. Note, this is the maximum annual assessment and the actual amount assessed to properties may be less than this maximum, depending on the annual budget of the PBID.
5.6 Parcel Factors
The method of apportioning benefit to parcels within the PBID reflects the proportional special benefit assigned to each property from the PBID improvements, services and activities based upon the various property characteristics for each parcel as compared to other properties within the PBID. As part of the special benefit analysis various property characteristics were analyzed including dispatched calls for service, lot square footage, building square footage, and land use. Given that the special benefits provided by the PBID improvements, services, and activities focus on reduced fear of crime benefit and increased economic activity benefit, it was determined that dispatched calls for service, lot square footage, and building square footage are the most appropriate parcel factors. Each parcel’s dispatched calls for service, lot square footage and building square footage have been used as the primary assessment variables for the calculation and assignment of special benefit points.
5.6.1 LAND USE
Property in the PBID is primarily commercial business. One parcel in the PBID, APN 463 -0104-007-00, has been assigned a County Use Code of 4400 (Miscellaneous Industrial) as of January 2025. This parcel is 206 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 17
currently the site of I Fly, an indoor skydiving venue, which is considered a commercial parcel for purposes of PBID classification.
A small number of parcels within the PBID are driveways, streets and signage. These parcels are deemed to receive no benefit from PBID services as they are connectors/signage for other properties and do not benefit from increased economic activity.
5.6.2 DISPATCHED CALLS FOR SERVICE
Dispatched calls for service is the primary factor in determining the reduced fear of crime benefit as the call volume indicates the use of police services.
5.6.3 LOT SQUARE FOOTAGE AND BUILDING SQUARE FOOTAGE
Building square footage and lot square footage are both secondary factors in determining reduced fear of crime benefit as they indicate the potential use of police services.
5.7 Total Benefit Points Calculation
The total Reduced Fear of Crime Benefit Points for the PBID at this time is 16,892,794.40.
The total Increased Economic Activity Benefit Points for the PBID at this time is 550,042.00. 207 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 18
METHOD OF ASSESSMENT
6.1 Balance to be Assessed
6.1.1 SECURITY SERVICES
The general benefit, which is the percentage of the total budget, excluding incidental costs, that must be funded through sources other than assessments, is 5.00% of the total services cost. The special benefit, which is the percentage of the budget that may be funded by assessments, is 95.00%.
Description
2025/26 Budget
Amount
Security Services Costs $1386,076.50
Less: General Benefit Contribution (69,303.83)
Total Security Services Costs to be Assessed $1,316,772.67
6.1.2 ASSESSMENT AMOUNT PER REDUCED FEAR OF CRIME BENEFIT POINT The assessment per Reduced Fear of Crime Benefit Point is calculated by dividing the total security services costs to be assessed by the total Reduced Fear of Crime Benefit Points assigned to the parcels within the PBID. The following formula provides the assessment per Reduced Fear of Crime Benefit Point calculation:
Total Security Services Costs to be Assessed / Total Reduced Fear of Crime Benefit Points = Assessment Rate per Reduced Fear of Crime Benefit Point $1,316,772.67 / 16,892,794.40 = $0.07795
The security services special benefit analysis and assignment of Reduced Fear of Crime Benefit Points has been calculated in relation to the costs to be assessed. No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on the parcel.
6.1.3 MARKETING & ADMINISTRATION SERVICES
The general benefit, which is the percentage of the total budget, excluding incidental costs, which must be funded through sources other than assessments, is 2.00% of the total services cost. The special benefit, which is the percentage of the budget that may be funded by assessments, is 98.00%.
Description
2025/26 Budget
Amount
Marketing Services Costs $304,776.00
Less: General Benefit Contribution (6,095.52)
Total Marketing Services Costs to be Assessed $298,680.48
6.1.4 ASSESSMENT AMOUNT PER INCREASED ECONOMIC ACTIVITY BENEFIT POINT The assessment per Increased Economic Activity Benefit Point is calculated by dividing the total marketing services costs to be assessed by the total Economic Activity Benefit Points assigned to the parcels within the PBID. The following formula provides the assessment per Economic Activity Benefit Point calculation:
208 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 19
Total Marketing & Administration Services Costs to be Assessed / Total Increased Economic Activity Benefit Points = Assessment Rate per Increased Economic Activity Benefit Point $298,680.48 / 550,042.00 = $0.54301
The marketing services special benefit analysis and assignment of Economic Activity Benefit Points has been calculated in relation to the costs to be assessed. No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on the parcel.
6.2 Method of Assessment Spread
The method of assessment is based upon a formula that assigns the special benefit to each parcel. The formulas below provide a summary of the assessment calculations for each parcel within the PBID.
Parcel’s Total
Reduced Fear of
Crime Assessment
=
Assessment Rate
per Reduced Fear
of Crime Benefit
Point
x
Parcel’s Total
Reduced Fear of
Crime Benefit
Points
Parcel’s Total
Increased
Economic Activity
Assessment
=
Assessment Rate
per Increased
Economic Activity
Benefit Point
x
Parcel’s Total
Increased
Economic Activity
Benefit Points
6.3 2026/27 Assessment Rates
6.3.1 2026/27 ASSESSMENT AMOUNT PER REDUCED FEAR OF CRIME BENEFIT POINT The assessment per Reduced Fear of Crime Benefit Point is calculated by dividing the total security services costs to be assessed by the total Reduced Fear of Crime Benefit Points assigned to the parcels within the PBID. The following formula provides the assessment per Reduced Fear of Crime Benefit Point calculation:
Total Security Services Costs to be Assessed / Total Reduced Fear of Crime Benefit Points = Assessment Rate per Reduced Fear of Crime Benefit Point $912,962.39 / 16,892,794.40 = $0.054045
The security services special benefit analysis and assignment of Reduced Fear of Crime Benefit Points has been calculated in relation to the costs to be assessed. No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on the parcel.
6.3.2 ASSESSMENT AMOUNT PER INCREASED ECONOMIC ACTIVITY BENEFIT POINT The assessment per Increased Economic Activity Benefit Point is calculated by dividing the total marketing services costs to be assessed by the total Economic Activity Benefit Points assigned to the parcels within the PBID. The following formula provides the assessment per Economic Activity Benefit Point calculation:
Total Marketing & Administration Services Costs to be Assessed / Total Increased Economic Activity Benefit Points = Assessment Rate per Increased Economic Activity Benefit Point $301,712.60 / 550,042.00 = $0.548527
209 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 20
The marketing services special benefit analysis and assignment of Economic Activity Benefit Points has been calculated in relation to the costs to be assessed. No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on the parcel.
6.4 Cost of Living Inflator
The maximum annual assessment rates are subject to an annual increase beginning July 1, 2027. The maximum annual assessment rate increase is 4%. Note, this is the maximum annual assessment and the actual amount assessed to properties may be less than this maximum, depending on the annual budget of the PBID.
210 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 21
ASSESSMENT DIAGRAM
The following page contain the Assessment Diagram for the PBID. 211 of 613
212 of 613
Union Landing Business Improvement District
Renewal Engineer’s Report (March 2025) 22
ASSESSMENT ROLL
The following pages contain the proposed 2025/26 assessment roll for the PBID. 213 of 613
Assmnt ID APN Owner Name
Dispatched
Police Calls
Building Square
Footage
Lot Square
Footage
Dispatched
Police Calls BP
Building Size
BP Parcel Size BP
Total Reduced
Fear of Crime BP
Rate Per Reduced
Fear BP
Reduced Fear of
Crime Assmnt
Building Size
BP
Total Economic
Activity BP
Rate per Economic
Activity BP
Economic Activity
Assmnt
1 463 -0060-012-10 BARBIERI VITTORE A & ANNA M TRS 36 12,280 73,774 99,000 14,736.00 23,238.81 136,974.81 0.07795 10,677.19 6,140.00 6,140.00 0.54301 3,334.08 14,011.272 463 -0060-012-14 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.003 463 -0060-013-07 K&P LAU FAMILY LP 17 5,760 60,034 46,750 6,912.00 18,910.71 72,572.71 0.07795 5,657.04 2,880.00 2,880.00 0.54301 1,563.87 7,220.914 463 -0060-015-11 DYER TRIANGLE LLC 66 20,603 106,316 181,500 24,723.60 33,489.54 239,713.14 0.07795 18,685.64 10,301.50 10,301.50 0.54301 5,593.82 24,279.465 463 -0060-015-13 DYER TRIANGLE LLC 323 65,668 231,864 888,250 78,801.60 73,037.16 1,040,088.76 0.07795 81,074.92 32,834.00 32,834.00 0.54301 17,829.19 98,904.116 463 -0060-021-03 DYER TRIANGLE LLC 218 31,714 235,289 599,500 38,056.80 74,116.04 711,672.84 0.07795 55,474.90 15,857.00 15,857.00 0.54301 8,610.51 64,085.417 463 -0060-022-05 KPDT ENTERPRISES LLC 189 68,433 224,694 519,750 82,119.60 70,778.61 672,648.21 0.07795 52,432.93 34,216.50 34,216.50 0.54301 18,579.90 71,012.838 463 -0060-029-00 VIRAY CHRISTOPHER 9 3,137 7,528 24,750 3,764.40 2,371.32 30,885.72 0.07795 2,407.54 1,568.50 1,568.50 0.54301 851.71 3,259.259 463 -0060-030-00 VIDEO ONLY INC 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.00 10 463 -0060-031-00 WAL-MART REAL ESTATE BUSINESS TRUST 810 146,645 696,352 2,227,500 175,974.00 219,350.88 2,622,824.88 0.07795 204,449.20 73,322.50 73,322.50 0.54301 39,814.85 244,264.0511 463 -0060-032-00 DYER UNION LANDINGS LLC 26 13,674 67,008 71,500 16,408.80 21,107.52 109,016.32 0.07795 8,497.82 6,837.00 6,837.00 0.54301 3,712.56 12,210.3812 463 -0060-034-00 VIDEO ONLY INC 85 23,500 88,209 233,750 28,200.00 27,785.84 289,735.84 0.07795 22,584.91 11,750.00 11,750.00 0.54301 6,380.37 28,965.2813 463 -0060-035-01 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0014 463 -0060-035-02 VIDEO ONLY INC 35 15,125 75,588 96,250 18,150.00 23,810.22 138,210.22 0.07795 10,773.49 7,562.50 7,562.50 0.54301 4,106.51 14,880.0015 463 -0060-036-00 BRE ESA P PORTFOLIO LLC 227 55,684 106,637 624,250 66,820.80 33,590.66 724,661.46 0.07795 56,487.36 27,842.00 27,842.00 0.54301 15,118.48 71,605.8416 463 -0060-037-00 SOUTHVIEW PEAK LLC 60 6,526 49,014 165,000 7,831.20 15,439.41 188,270.61 0.07795 14,675.69 3,263.00 3,263.00 0.54301 1,771.84 16,447.5317 463 -0060-038-00 ROBERT SWANSON FAMILY PTP 54 7,255 59,068 148,500 8,706.00 18,606.42 175,812.42 0.07795 13,704.58 3,627.50 3,627.50 0.54301 1,969.77 15,674.3518 463 -0060-039-00 AUSTIN CRAVINGS UNION LANDING LLC 17 10,912 34,037 46,750 13,094.40 10,721.66 70,566.06 0.07795 5,500.62 5,456.00 5,456.00 0.54301 2,962.66 8,463.2819 463 -0060-040-00 DYER TRIANGLE LLC 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0020 463 -0060-041-01 DYER TRIANGLE LLC 271 129,069 193,842 745,250 154,882.80 61,060.23 961,193.03 0.07795 74,925.00 64,534.50 64,534.50 0.54301 35,042.88 109,967.8821 463 -0060-042-00 DYER TRIANGLE LLC 403 23,058 443,189 1,108,250 27,669.60 139,604.54 1,275,524.14 0.07795 99,427.11 11,529.00 11,529.00 0.54301 6,260.36 105,687.4722 463 -0060-043-00 DYER TRIANGLE LLC 86 25,747 103,452 236,500 30,896.40 32,587.38 299,983.78 0.07795 23,383.74 12,873.50 12,873.50 0.54301 6,990.44 30,374.1823 463 -0060-045-02 PAPPAS UNION CITY NO 2 LP 79 3,179 47,421 217,250 3,814.80 14,937.62 236,002.42 0.07795 18,396.39 1,589.50 1,589.50 0.54301 863.11 19,259.5024 463 -0060-046-00 PAPPAS UNION CITY NO 2 LP 412 159,284 490,050 1,133,000 191,140.80 154,365.75 1,478,506.55 0.07795 115,249.59 79,642.00 79,642.00 0.54301 43,246.40 158,495.9925 463 -0060-047-01 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0026 463 -0060-047-02 PAPPAS UNION CITY NO 2 LP 351 46,161 166,101 965,250 55,393.20 52,321.82 1,072,965.02 0.07795 83,637.62 23,080.50 23,080.50 0.54301 12,532.94 96,170.5627 463 -0060-048-00 PAPPAS UNION CITY NO 2 L P 30 17,037 70,132 82,500 20,444.40 22,091.58 125,035.98 0.07795 9,746.55 8,518.50 8,518.50 0.54301 4,625.63 14,372.1828 463 -0060-049-00 PAPPAS UNION CITY NO 2 LP 503 39,774 132,858 1,383,250 47,728.80 41,850.27 1,472,829.07 0.07795 114,807.03 19,887.00 19,887.00 0.54301 10,798.84 125,605.8729 463 -0060-050-00 PAPPAS UNION CITY 2 L P 305 28,105 114,563 838,750 33,726.00 36,087.35 908,563.35 0.07795 70,822.51 14,052.50 14,052.50 0.54301 7,630.65 78,453.1630 463 -0060-051-00 PAPPAS UNION CITY NO 2 L P 141 38,561 159,662 387,750 46,273.20 50,293.53 484,316.73 0.07795 37,752.49 19,280.50 19,280.50 0.54301 10,469.50 48,221.9931 463 -0060-052-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0032 463 -0060-053-00 LOTUS HOTELS UNION CITY INC 199 38,998 72,360 547,250 46,797.60 22,793.40 616,841.00 0.07795 48,082.76 19,499.00 19,499.00 0.54301 10,588.15 58,670.9133 463 -0060-054-00 LOTUS HOTELS UNION LANDING INC 179 56,328 47,021 492,250 67,593.60 14,811.62 574,655.22 0.07795 44,794.37 28,164.00 28,164.00 0.54301 15,293.33 60,087.7034 463 -0104-001-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0035 463 -0104-002-00 CITY OF UNION CITY 1 798 9,967 2,750 957.60 3,139.61 6,847.21 0.07795 533.74 399.00 399.00 0.54301 216.66 750.4036 463 -0104-003-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0037 463 -0104-004-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.0038 463 -0104-006-00 H & S ENERGY LLC 22 1,572 21,902 60,500 1,886.40 6,899.13 69,285.53 0.07795 5,400.81 786.00 786.00 0.54301 426.81 5,827.6239 463 -0104-007-00 SKY VENTURE SILICON VALLEY LLC 28 5,497 9,508 77,000 6,596.40 2,995.02 86,591.42 0.07795 6,749.80 2,748.50 2,748.50 0.54301 1,492.46 8,242.2640 463 -0104-008-00 CITY OF UNION CITY 0 0 0 0 0.00 0.00 0.00 0.07795 0.00 0.00 0.00 0.54301 0.00 0.00 5,182 1,100,084 4,197,440 14,250,500 1,320,100.80 1,322,194 16,892,794.40 1,316,793.34 550,042.00 550,042.00 298,678.28 1,615,471.62 Reduced Fear of Crime Benefit Points & Assessment Increased Economic Activity Benefit Points & Assessment
TOTAL PBID
ASSESSMENT
City Council Staff Report Page 1 of 4 December 9, 2025
Staff Report
Agenda Item No. 3.9
DATE: December 9, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving the Award of a Construction Contract to G. Bortolotto & Company, Inc., in the Amount of $1,992,760, and Approving a Total Construction Budget in the Amount of $2,391,312, for the Annual Citywide Pavement Rehab Project, City Project No. 25-01
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving the award of a construction contract to G. Bortolotto & Company, Inc., in the amount of $1,992,760, and approving a total construction budget, in the amount of $2,391,312, for the Annual Citywide Pavement Rehab Project, City Project No. 25-01.
STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following City Council priority:
Goal D: Environmental Sustainability and Infrastructure Strategy 2: Implement the City’s capital improvement plan.
BACKGROUND
The Metropolitan Transportation Commission (MTC) uses federal funds to establish the Pavement Management Technical Assistance Program (P-TAP) to assist Bay Area cities and counties to optimize their roadway maintenance programs by: 1) implementing, updating and maintaining pavement management databases; 2) providing accurate pavement condition data to city councils, county supervisors or local decision makers; and, 3) supporting the region’s management of non-pavement street and road assets such as signs, storm drains, curbs and gutters, traffic signals and street lights, as pilot projects.
The P-TAP Program includes the preparation of Pavement Management Program (PMP) reports which identify the conditions of the local streets and roadway pavement surfaces and measure the condition by a Pavement Condition Index (PCI) with the following breakdown: Excellent (PCI = 90-100); Very Good (PCI = 80-89); Good (PCI = 70-79); Fair (PCI = 60-69); At-Risk (PCI = 50-59); and, Poor (PCI = 25-49). For a majority of the past decade-plus, Union City’s pavement condition was measured as either Very Good (PCI = 80-89) or Good (PCI = 70-79).
215 of 613
Agenda Item No. 3.9
City Council Staff Report Page 2 of 4 December 9, 2025
However, the 2022 PMP Report, dated March 2023, reported a decline in the City’s overall PCI rating to Fair, with a PCI of 69, and noted this fair condition with moderate deterioration of the City’s major corridors and residential streets. This pavement rating downgrade is attributable to a combination of factors, including the City’s 2019 cyberattack, the worldwide COVID-19 pandemic, staffing shortages, and recent major utility construction projects along Decoto Road and Alvarado-Niles Road. The combination of these factors rendered Public Works unable to prepare and manage pavement rehabilitation projects on a regular basis.
DISCUSSION
On February 25, 2025, the City Council adopted Resolution No. 2025-024 to accept a $75,000 grant from the California Department of Resources, Recycling and Recovery, Project Funding Agreement No. TRP14-21-0007, for the Annual Citywide Pavement Rehab Project, City Project No. 25-01. These supplemental project funds will be used to extend the life of streets using rubberized chip seal, a newer method of street paving (also called a rubberized cape seal).
As part of the pavement maintenance program, the Annual Citywide Pavement Rehab Project, City Project No. 25-01, will improve over 104,503 square yards of roadway area throughout the City (see Exhibit B). This improvement will incorporate three methods of street surface treatment: overlay, rubberized cape seal, and slurry seal. In addition to street surface improvements, the contractor will also restripe high visibility crosswalks and lane lines, repair damaged curbs and gutters, upgrade curb ramps, and adjust utility covers to-grade.
Public Works advertised the project for bidding on October 23, 2025, with the release of a Notice Inviting Bids for the Citywide Street Pavement Rehabilitation Project, City Project No. 25-01 (see Attachment 2). During this off-peak construction period, but within a competitive bidding environment, the City received eleven bids, which were publicly opened on November 12, 2025 (see Exhibit A).
The apparent low base bid of $1,953,459 was submitted by Frontline General Engineering Construction, Inc., of San Lorenzo, California. Following a detailed review, staff determined that the bid was non-responsive because it did not include an executed copy of Addendum No. 1, which was a required component of the bid submission.
Consequently, the next lowest bidder, G. Bortolotto & Company, Inc., of San Carlos, California, is considered the lowest responsive and responsible bidder with a bid of $1,992,760.
The second-lowest bid is approximately 20% below the Engineer’s Estimate of $2,503,555, which is largely attributable to the off-peak construction period. The eleven bids received demonstrate a competitive bidding process, with the two lowest bids falling within 5% percent of each other.
G. Bortolotto & Company, Inc., has performed satisfactory work for the City in the past, including the Dyer Street Rehabilitation Project, City Project No. 18-20, and the Citywide Street Rehabilitation Project, City Project No. 23-01.
216 of 613
Agenda Item No. 3.9
City Council Staff Report Page 2 of 4 December 9, 2025
217 of 613
Agenda Item No. 3.9
City Council Staff Report Page 3 of 4 December 9, 2025
The recommended project budget for construction is as follows:
Construction Contract Amount (including Alternative Bids) $1,992,760 Contingency – 15% of Construction Contract $298,914
Construction Engineering (Project Management, Materials Testing, Inspection) – 5% of Construction Contract $99,638
Total Estimated Construction Cost $2,391,312
Construction of this project is anticipated to begin in Spring 2026 and to be completed in Summer of 2026.
FISCAL IMPACT
The Annual Citywide Pavement Rehab Project, City Project No. 25-01, in the amount of $2,391,312, will be funded with the following approved and budgeted funds: $75,000 of California Department of Resources, Recycling and Recovery grant funds in the Capital Projects Grants Fund (Fund 410), $700,000 in the SB 1 Road Maintenance & Rehabilitation Fund (Fund 251), $278,000 in the Traffic Congestion Relief Fund (Fund 252), $800,000 in the Solid Waste Street Restoration Fund (Fund 262), and $538,312 in the Measure BB (2014) Fund (Fund 264), as represented in the table below:
Funding
Source
FY 2025-2026
SB-1 Fund
FY 2025-2026
Capital Projects
Grants Fund
FY 2025-2026
Traffic
Congestion
Relief Fund
FY 2025-2026
Solid Waste
Street
Restoration Fund
FY 2025-2026
Measure BB
(2014) Fund
Account
Number 25192501-57128 41092501-57128 25292501-57128 26292501-57128 26492501-57128 Total $700,000 $75,000 $278,000 $800,000 $538,312
Total Construction Budget $2,391,312
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution:
1. Approving the award of a construction contract to the low bidder, G. Bortolotto & Company, Inc., in the amount of $1,992,760, for the construction of the Annual Citywide Pavement Rehab Project, City Project No. 25-01; and
2. Approving a total construction budget, in the amount of $2,391,312, for the construction contract, contingency, and engineering support.
Prepared by: Eddie Yu, Civil Engineer II
Submitted by: Marilou Ayupan, Public Works Director
218 of 613
Agenda Item No. 3.9
City Council Staff Report Page 4 of 4 December 9, 2025
Attachments
1. Draft Resolution
2. Attachment 2 – Notice of Bid
3. Exhibit A – Bid Summary
4. Exhibit B – Project Map
219 of 613
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE AWARD OF A CONSTRUCTION CONTRACT TO G.
BORTOLOTTO & COMPANY, INC., IN THE AMOUNT OF $1,992,760,
AND APPROVING A TOTAL CONSTRUCTION BUDGET IN THE
AMOUNT OF $2,391,312, FOR THE ANNUAL CITYWIDE PAVEMENT
REHAB PROJECT, CITY PROJECT NO. 25-01
WHEREAS, the Metropolitan Transportation Commission (MTC) uses federal funds to establish the Pavement Management Technical Assistance Program (P-TAP) to assist Bay Area cities and counties to optimize their roadway maintenance programs by: 1) implementing, updating and maintaining pavement management databases, 2) providing accurate pavement condition data to city councils, county supervisors or local decision makers, and 3) supporting the region’s management of non-pavement street and road assets such as signs, storm drains, curbs and gutters, traffic signals and street lights, as pilot projects; and
WHEREAS, the P-TAP Program includes the preparation of Pavement Management Program (PMP) reports which identify the conditions of the local streets and roadway pavement surfaces and measures the condition by a Pavement Condition Index (PCI) with the following breakdown: Excellent (PCI = 90-100), Very Good (PCI = 80-89), Good (PCI = 70-79), Fair (PCI = 60-69), At-Risk (PCI = 50-59) and Poor (PCI = 25-49); and
WHEREAS, for the past several years, the City’s pavement condition was measured as Very Good (PCI = 80-89) or Good (PCI = 70-79); and WHEREAS, the 2022 PMP Report, dated March 2023, reported a decline in the City’s overall PCI rating to Fair, with a PCI of 69, and noted this fair condition with moderate deterioration of the City’s major corridors and residential streets; and WHEREAS, the pavement rating downgrade is attributable to a combination of factors, including the City’s 2019 cyberattack, the worldwide COVID-19 pandemic, staffing shortages, and recent major utility construction projects along Decoto Road and Alvarado-Niles Road; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution No. 2025-024 to accept a $75,000 grant from the California Department of Resources, Recycling and Recovery, Project Funding Agreement No. TRP17-24-0005, for the Annual Citywide Pavement Rehab Project, City Project No. 25-01; and WHEREAS, these funds will be used to supplement funds in the Annual Citywide Pavement Rehab Project, City Project No. 25-01, to extend the life of streets using rubberized chip seal, a newer method of street paving (also called a rubberized cape seal); and
WHEREAS, as part of Union City’s pavement maintenance program, the Annual Citywide Pavement Rehab Project, City Project No. 25-01, will improve over 104,503 220 of 613
Resolution No. 2025-XXX
Award Construction Contract for the Annual Citywide Pavement Rehab Project