PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on January 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
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City Council Staff Report Page 1 of 2 January 27, 2026
Staff Report
Agenda Item No. 4.2
DATE: January 27, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Waive Full Reading and Introduce By Title Only An Ordinance of the City Council of the City of Union City Amending Section 2.21.020 “Creation - Membership” of the Union City Municipal Code to Add a Third Alternate Commissioner to the Park and Recreation Commission
EXECUTIVE SUMMARY
Staff recommends that the City Council consider waiving full reading and introducing by title only an ordinance amending the Union City Municipal Code to add one additional Alternate Commissioner position to the Park and Recreation Commission (the “Commission”). The City’s current Boards, Commissions, and Committees roster reflects two (2) Commission alternate seats; this ordinance would authorize a third alternate seat to support continuity of Commission operations and provide additional flexibility when regular members are unavailable.
STRATEGIC PLAN ALIGNMENT
• Goal B – Governance and Organizational Effectiveness: Strengthens governance capacity by ensuring advisory bodies can maintain participation and continuity. • Goal E – Communication and Outreach: Supports civic participation by expanding opportunities for residents to serve.
BACKGROUND
The Commission advises the City Council on the recreational needs of Union City residents. The Commission currently includes two alternate positions. Following the City’s recent recruitment and interviews, the Mayor has indicated interest in filling more than two alternate roles; however, the Municipal Code currently authorizes only two alternate seats. This ordinance would add a third alternate position, allowing the Mayor to appoint an additional alternate, with Council concurrence, when desired.
For administrative consistency, the City Council adopted Resolution No. 2025-029, which standardizes the term start and end dates for new appointments to commence on 170 of 187
Agenda Item No. 4.2
City Council Staff Report Page 2 of 2 January 27, 2026
January 1 and expire on December 31 of the final year of the term. The resolution does not itself create seats, but will apply to future appointments to any newly created alternate position.
DISCUSSION
This item is limited to a structural update: creating an additional alternate seat on the Commission. If the ordinance is adopted, the Mayor may subsequently bring forward an appointment after the effective date of the ordinance to fill the new alternate seat for City Council concurrence as part of the overall appointments process. Any new appointment to the additional alternate seat will follow the standardized term framework established by Resolution No. 2025-029.
FISCAL IMPACT
There is no fiscal impact associated with introducing and adopting this ordinance.
RECOMMENDATION
Staff recommends that the City Council consider waiving full reading and introducing by title only an ordinance amending the Union City Municipal Code to add one additional Alternate Commissioner position to the Park and Recreation Commission.
Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments
1. Proposed Ordinance
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ORDINANCE NO. 2026-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING SECTION 2.21.020 “CREATION - MEMBERSHIP” OF THE
UNION CITY MUNICIPAL CODE TO ADD A THIRD ALTERNATE
COMMISSIONER TO THE PARK AND RECREATION COMMISSION
WHEREAS, the City Council of the City of Union City has established the Park and Recreation Commission to advise the City Council on matters related to parks and recreational programs; and
WHEREAS, the City Council desires to provide additional flexibility and continuity in Park and Recreation Commission participation by authorizing an additional Alternate Commissioner position; and
WHEREAS, this ordinance amends the Union City Municipal Code to increase the number of Alternate Commissioners permitted to serve on the Park and Recreation Commission from two (2) to three (3).
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and incorporated herein by reference.
SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 3. Municipal Code Amendments. Union City Municipal Code Section
2.21.020 is hereby amended to read as follows (replacements in bold; deletions in strikethrough):
Section 2.21.020. Creation—Membership. There is created in the City a City Park and Recreation Commission to consist of five members plus two up to three alternates which shall be designated as the Park and Recreation Commission of the City.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
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INTRODUCED at a regular meeting of the City Council of the City of Union City held on January 27, 2026, PASSED, APPROVED, AND ADOPTED at a regular meeting held on February 10, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
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City Council Staff Report Page 1 of 3 January 27, 2026
Staff Report
Agenda Item No. 4.3
DATE: January 27, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Adopt a Resolution Approving an Exception to the 180-Day Waiting Period for Post-Retirement Employment of Jacquelyn Acosta to Fill the Critically Needed Position of Extra Help for the Finance Director Pursuant to Government Code Sections 7522.56(f)(1) and 21224 and Approve an Employment Agreement with Jacquelyn Acosta to Serve as Extra Help to the Finance Director
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving an exception to the 180-day waiting period for post-retirement employment of Jacquelyn Acosta to fill the critically needed position of extra help for the Finance Director pursuant to Government Code Sections 7522.56(f)(1) and 21224 and approve an Employment Agreement with Jacquelyn Acosta to serve as extra help to the Finance Director.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the strategic plan.
BACKGROUND
Jacquelyn Acosta (“Acosta”) retired from the City in the position of Finance Director, effective December 29, 2025. Ms. Acosta possesses specialized skills needed to perform certain work that the City’s Finance Department must carry out as information is transferred to newly hired employees.
Ms. Acosta also possesses knowledge that will need to be documented and transferred to the newly hired Finance Director, related to:
• Audit 401(a) benefits.
• Review and reconcile CALGOVEBA (California Government Voluntary Employee Beneficiary Association), a health benefits trust for California public sector employees.
• Update the Finance Director on the upcoming Dispatch Agreement renewal with the city of Fremont.
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Agenda Item No. 4.3
City Council Staff Report Page 2 of 3 January 27, 2026 3 9 • Prepare detailed instructions for Finance staff outlining tasks and timelines for the new Union Landing Property Business Improvement District transition of services.
• Assist in completing retirement benefit analysis.
• Work with Finance staff to review Cannabis Community Benefit calculations. • Evaluate grant and other fund sources and propose recommendations to support long-term operations.
• Compile the FY2025–26 vehicle replacement list based on discussions with Public Works.
• Provide information needed to complete the Underground Storage Tank annual certifications.
• Prepare other time-critical finance projects and analyses.
DISCUSSION
Government Code Section 7522.56(f) requires a 180-day waiting period before a retired annuitant can be employed by a CalPERS agency unless the nature of the employment meets one of the exceptions and is approved via resolution by the governing body. In this case, the nature of Acosta’s recommended appointment will be as extra help for the Finance Director, assisting with the projects identified above.
Acosta possesses the specialized skills needed to perform this work, and this appointment qualifies for an exception under Government Code section 7522.56(f). As a CalPERS extra help retired annuitant, she will qualify for this exemption based on her role performing work of limited duration (no more than 960 hours per fiscal year), including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, this limited-term special project relates to assisting with the projects identified above, as well as other projects assigned, for which Acosta is uniquely qualified from her years of experience working for the City.
For the City Council to approve the proposed Employment Agreement with Acosta (Exhibit No. 2), the City Council must first adopt a Resolution making specific findings related to hiring a retired annuitant subject to CalPERS regulations contained in Government Code Section 21224. The terms of the Employment Agreement state that the term is limited to June 30, 2026, and that the hourly rate is $124.37 per hour. Such terms are in conformance with CalPERS regulations.
FISCAL IMPACT
Sufficient funding is available within the Finance Department FY 2025-2026 Adopted Budget to fund this retiree annuitant Employment Agreement with Jacquelyn Acosta due to the vacant Accounting Manager position.
RECOMMENDATION
Staff recommends that the City Council:
1) Adopt a Resolution approving an exception to the 180-day waiting period for post-retirement employment of Jacquelyn Acosta to fill the critically needed position of extra help for the Finance Director pursuant to Government Code Section 7522.56(f)(1); and
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Agenda Item No. 4.3
City Council Staff Report Page 3 of 3 January 27, 2026 3 9 2) Approve an Employment Agreement with Jacquelyn Acosta to serve as Extra Help to the Finance Director.
Prepared by: Kristopher Kokotaylo, City Attorney
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments
1. Draft Resolution
2. Annuitant Agreement – Jacquelyn Acosta
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RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AN EXCEPTION TO THE 180-DAY WAITING PERIOD FOR
THE POST-RETIREMENT EMPLOYMENT OF JACQUELYN ACOSTA
TO FILL THE CRITICALLY NEEDED POSITION OF EXTRA HELP TO
THE FINANCE DIRECTOR PURSUANT TO GOVERNMENT CODE
SECTIONS 7522.56(F)(1) AND 21224 AND APPROVING AN
EMPLOYMENT AGREEMENT WITH JACQUELYN ACOSTA TO SERVE
AS EXTRA HELP TO THE FINANCE DIRECTOR
WHEREAS, in compliance with Government Code Section 7522.56(f)(1) of the Public Employees’ Retirement Law, the City Council of the City of Union City (“City Council”) must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since their retirement date; and
WHEREAS, Jacquelyn Acosta retired from the position of Finance Director effective December 29, 2025; and
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 28, 2026 (December 29, 2025, plus 180 days), absent any exception; and WHEREAS, Government Code section 7522.56(f)(1) provides an exception to the 180-day requirement if the City certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the governing body of the City has approved the appointment in a public meeting, provided that the appointment is not placed on a consent calendar; and WHEREAS, the City Council of the City of Union City certifies that the nature of the employment is necessary to fill the critically needed position of extra help to the Finance Director role, before 180 days have passed, due to Jacquelyn Acosta’s specialized skills to document and transfer knowledge unique to Union City to support the current Finance Director as he transitions into his new position; and WHEREAS, Government Code section 7522.56(g) provides that this exception to the 180-day waiting period shall not apply if the retiree accepts any retirement incentive; and
WHEREAS, the City Council of the City of Union City, the City of Union City, and Jacquelyn Acosta certify that Jacquelyn Acosta has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council of the City of Union City recognizes and authorizes the appointment of Jacquelyn Acosta as extra help to the Finance Director role under Government Code section 21224, effective January 28, 2026, through June 30, 2026; and
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Resolution No. 2026-XXX
Post-Retirement Employment Exception for Jacquelyn Acosta as Extra Help to the Finance Director
WHEREAS, the entire employment agreement, contract, or appointment document between Jacquelyn Acosta and the City of Union City has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, Government Code section 7522.56(d) provides that the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $21,558 and the hourly equivalent is $124.37, and the minimum monthly base salary for this position is $17,981, and the hourly equivalent is $103.74; and
WHEREAS, the hourly rate paid to Jacquelyn Acosta will be $124.37; and WHEREAS, Jacquelyn Acosta has not and will not receive any other benefit, incentive, or compensation in lieu of benefits or any other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby certifies that the City needs to fill the critically needed position of extra help to the Finance Director, and that the nature of the temporary employment of Jacquelyn Acosta as extra help to the Finance Director, as detailed in the attached appointment document, shall be for the purpose of to assisting in transition planning, training and onboarding of the newly hired Finance Director from January 28, 2026 to no later than June 30, 2026. Jacquelyn Acosta shall fill this critically needed position due to her specialized knowledge, requisite skills, and project management experience gained over the years of working for the City of Union City. Jacquelyn Acosta possesses the specialized skills needed to perform this work, and this appointment qualifies for an exception under Government Code Sections 7522.56(f) and 21224. 180 of 187
Resolution No. 2026-XXX
Post-Retirement Employment Exception for Jacquelyn Acosta as Extra Help to the Finance Director
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Resolution No. 2026-XXX
Post-Retirement Employment Exception for Jacquelyn Acosta as Extra Help to the Finance Director
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on January 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF UNION CITY AND JACQUELYN ACOSTA
This Employment Agreement (this “Agreement”) is entered into this Twenty-Eighth Day of January 2026, by and between the City of Union City (“City”) and JACQUELYN ACOSTA (“ACOSTA” or “Annuitant”) collectively referred to as “Parties.”
RECITALS
WHEREAS, on December 29, 2025, Annuitant retired from the City; and WHEREAS, Annuitant has previously served as the Finance Director; and WHEREAS, Annuitant, by virtue of having previously served as a Finance Director employed by the City for 4.5 years, possesses specialized skills needed to perform certain work that the City’s Finance Department must complete in a timely manner. These include the following tasks and projects:
• Audit 401(a) benefits.
• Review and reconcile CALGOVEBA (California Government Voluntary Employee Beneficiary Association), a health benefits trust for California public sector employees.
• Update the Finance Director on the upcoming Dispatch Agreement renewal with the City of Fremont.
• Prepare detailed instructions for Finance staff outlining tasks and timelines for the new Union Landing Property Business Improvement District transition of services. • Assist in completing retirement benefit analysis.
• Work with Finance staff to review Cannabis Community Benefit calculations. • Evaluate grant and other fund sources and propose recommendations to support long-term operations.
• Compile the FY2025–26 vehicle replacement list based on discussions with Public Works.
• Provide information needed to complete the Underground Storage Tank annual certifications.
• Other time-critical finance projects and analysis; and WHEREAS, the City desires to employ the Annuitant as an extra help annuitant for the Finance Director within Finance Department, pursuant to Government Code Section 21224; and
WHEREAS, the California Public Employees Retirement System (“CalPERS”) regulations allow a benefit recipient to work up to 960 hours per fiscal year pursuant to Government Code Section 21224; and
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WHEREAS, it is necessary for the City to retain the services of Annuitant, following retirement, as an extra help retired annuitant to assist with financial analysis and the transfer of information; and
WHEREAS, Annuitant desires to accept a part-time and temporary employment contract under the terms and conditions set forth below; and WHEREAS, the City desires by this Agreement to set forth the terms and conditions of Annuitant’s duties and services as an extra help retired annuitant for a limited term as set forth in this Agreement.
AGREEMENT
The Parties hereby agree as follows:
1. SCOPE OF SERVICE. Annuitant shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. Annuitant shall comply with the City’s rules and regulations and she shall obey the laws of the State of California and the United States of America as they apply to the performance of his duties.
2. TERM. The term of this Agreement shall begin on January 28, 2026 and end no later than June 30, 2026. Further, as agreed upon by Parties, Annuitant hereby certifies and understands that she shall not work more than 40 hours per week, nor shall the City be financially responsible for paying Annuitant for work performed in excess of 40 hours per week.
3. EFFECTIVE DATE. This Agreement shall become effective after:
i. This Agreement is approved and executed by Annuitant; and ii. This Agreement is approved and executed by the City Manager.
4. RETIRED ANNUITANT STATUS. It is intended that at all times Annuitant’s postretirement employment shall be in compliance with all laws governing employment of CalPERS retired annuitants, including without limitation Government Code Sections 7522.56 & 21224. Annuitant hereby certifies that she understands that she is solely responsible for monitoring her hours worked and ensuring that she does not work more than 960 hours in a fiscal year (including work performed prior to execution of this agreement and work performed for other employers participating in CalPERS).
5. SERVICES TO BE PERFORMED BY ANNUITANT. Annuitant shall perform the duties of Extra Help for the Finance Director role in the Finance Department or as directed by the City Manager and in accordance with all applicable requirements of federal, state and local laws.
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6. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of $124.37 per hour. Annuitant shall receive no other payment, benefit, or remuneration other than his hourly wage for her services.
There shall be no deductions from his wages for health insurance (including medical, dental, vision care, life, disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.
7. INDEMNIFICATION. City agrees, in the event Annuitant is named as a defendant in a civil action arising from or as a result of her performance of duties as Extra Help for the Finance Department to provide Annuitant such indemnification benefits as are required to be provided to an employee of the City under the laws of the State of California, including, but not limited to, the provisions of Government Code Sections 825 et seq. and 995 et seq. This provision shall not apply with respect to any intentional tort or crime committed by Annuitant, or any actions outside the performance of her job duties pursuant to this Agreement.
8. UNEMPLOYMENT INSURANCE. Annuitant hereby certifies that she has not received any unemployment insurance payments in the past 12 months.
9. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding unless in writing and signed by both Parties.
10. GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California and leave for any action concerning the terms of this Agreement shall be in the Superior Court of the County of Alameda.
11. SEVERABILITY. Should any part, term or provision of this Agreement be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and shall in no way be invalidated, impaired or affected thereby.
12. ASSIGNMENT. The Parties agree that the expertise and experience of Annuitant are material considerations for this Agreement. Annuitant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Annuitant’s obligations hereunder.
13. TERMINATION. Annuitant understands that she is an at-will employee and that employment may be terminated by Annuitant or City at any time, for any reason, or for no reason at all. The City’s right of termination shall be in addition to other remedies available under law to the City.
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14. WAIVER. Waiver by City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by City of the performance of any work or services by Annuitant shall not be deemed a waiver of any term or condition of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
City of Union City
DATED: ____________________ By: _____________________________ Joan Malloy
City Manager
Approved as to Form:_____________________________
Kristopher J. Kokotaylo
City Attorney
Annuitant
DATED: ____________________ By: _____________________________
JACQUELYN ACOSTA
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1 DATE: Monday, January 26, 2026
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: THAI NAM PHAM, CITY CLERK
SUBJECT: Desk Item for January 27, 2026 Agenda Item 4.3 – Clarification of Name Due to Clerical Error – Jacquelyn Acosta
Honorable Mayor and Councilmembers,
This memorandum is to formally notify the City Council of a clerical correction regarding the spelling of Ms. Acosta’s first name in agenda materials associated with the post-retirement employment item for Extra Help to the Finance Director.
The correct legal name is Jacquelyn Acosta. In the supporting documents, her first name was inadvertently listed as “Jacquelyne.” This discrepancy was identified as a clerical error during final document review.
For the record, this correction does not change the substance, intent, or legal effect of the staff report, resolution, or annuitant employment agreement considered by the City Council. All references should be understood to apply to the same individual, Jacquelyn Acosta.
Revised documents reflecting the correct name have been updated accordingly and will be maintained as part of the official record.
Please let me know if you would like this clarification noted in the minutes for additional transparency.
Respectfully submitted,
Thai Nam Pham, MMC, CPMC
City Clerk
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