Cities Index.
Agenda packet

Legislation and Policy Committee
February 2, 2026

Document
Agenda packet
Meeting
February 2, 2026
Body
Legislation and Policy Committee
Pages
14
Original file
16.2 MB
Text extracted from the city's file for reading and search. Open the original on unioncity.primegov.com. That file is the official record.

February 2, 2026 | 3:00 PM Page 1 of 1
Legislation and Policy
Meeting Agenda

NOTICE AND AGENDA

CITY OF UNION CITY

LEGISLATION AND POLICY COMMITTEE

MEETING
Monday, February 2, 2026 | 3:00 PM
City Hall – City Council Conference Room
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER

2. ROLL CALL

3. ORAL COMMUNICATIONS - Comments Limited to Items on the Meeting Agenda

4. BUSINESS MATTERS

4.1. Request to Amend Commission Norms and Guidelines – Excused Absence Notification Requirements

4.2. Larry Orozco Teen Bike Workshop Remediation and Repair Cost Analysis

5. ADJOURNMENT

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 24 hours prior to the meeting date, in compliance with the Ralph M. Brown Act. /s/Thai Nam Pham
Thai Nam Pham, MMC, CPMC
City Clerk
Any writings or documents provided to a majority of the Committee regarding an item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall located at 34009 Alvarado-Niles Road, Union City, California, during regular business hours. Assistance will be provided to individuals requiring accommodations due to disabilities in compliance with the Americans with Disabilities Act of 1990. Interested parties must request accommodation at least 72 hours in advance of the meeting by calling (510) 675-5448.

Legislation and Policy Committee Staff
Report Page 1 of 2 February 2, 2026
Agenda Item No. 4.1
DATE: February 2, 2026
TO: Members of the Legislation and Policy Committee
FROM: Thai Nam Pham, City Clerk
SUBJECT: Request to Amend Commission Norms and Guidelines – Excused Absence Notification Requirements

BACKGROUND
On November 12, 2025, the Parks and Recreation Commission approved updated Commission bylaws and authorized submission of a letter requesting a change to the Citywide Commission Norms and Guidelines regarding excused absence notification timelines. The request seeks to modify the current seventy-two (72) hour notice requirement to twenty-four (24) hours.

The Commission Norms and Guidelines were recently adopted by the City Council and align with Union City Municipal Code Section 2.20.040, which establishes attendance standards for Brown Act bodies.

DISCUSSION
Under the current Commission Norms and Guidelines, commissioners are required to provide at least seventy-two (72) hours’ notice for excused absences related to employment conflicts, lack of transportation, or previously scheduled vacation or travel.

This requirement is intended to support quorum planning, compliance with the Brown Act, and timely staff coordination.

Staff have reviewed the request and noted that modifying the notice requirements would necessitate amendments to both the recently adopted Commission Norms and Guidelines and the underlying ordinance. Given the recency of adoption and the administrative and legislative steps required, staff does not recommend pursuing changes at this time.

FISCAL IMPACT
There is no direct fiscal impact associated with receiving this item. Potential future impacts would depend on Council direction and any resulting ordinance or policy amendments.

RECOMMENDATION
2 of 152
Agenda Item No. 4.1
Legislation and Policy Committee Staff
Report Page 2 of 2 February 2, 2026
Receive the request from the Parks and Recreation Commission and provide direction.

Staff recommends maintaining the existing seventy-two (72) hour notice requirement and taking no further action at this time.

Prepared by: Thai Nam Pham, City Clerk
Attachments

1. Parks and Recreation Commission Letter to City Clerk Requesting Amendment to Commission Norms and Guidelines (Dated November 12, 2025)

2. Parks and Recreation Commission Bylaws – Final Draft (Reviewed and Approved November 12, 2025)

3. City of Union City Commission Norms and Guidelines for Boards, Commissions, and Committees
3 of 152
4 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 1

CITY OF UNION CITY

PARK AND RECREATION COMMISSION BYLAWS

ARTICLE I
NAME
SECTION 1.00 – NAME
The name of this Commission shall be the Park and Recreation Commission of the City of Union City, hereinafter referred to as “Commission”, as fixed by Ordinance No. 53-64 as amended, of the City of Union City, creating this Commission until changed by the City Council of the City of Union City, by Ordinance or Resolution.

ARTICLE II
DUTIES
SECTION 2.00 – DUTIES
This Commission shall perform any duties imposed upon it by Ordinance, Resolution or special request of the City Council of the City of Union City in addition to all duties imposed by applicable State and Federal law.

ARTICLE III

MEETINGS
SECTION 3.00 – TIME
The regular meetings of the Commission shall be held on the second Wednesday of each month. The time of said meetings shall be 7:00 p.m., except, however, that when the day fixed for a regular meeting of the Commission falls on a day designated by law as a legal or National holiday, or Christmas Eve or New Year’s Eve, such meeting shall be automatically adjourned to the next regular meeting which does not fall on a legal holiday.

It is the policy of the Commission that meetings are expected to conclude by 11:59 p.m. If business remains, the Commission may, by majority vote, extend the meeting or continue items to a subsequent meeting. To facilitate this schedule, the Commission shall not discuss any new agenda items, except oral communications, after 11:00 p.m. It may, however, conclude discussion beyond the hour of midnight on any item which commenced before 11:00 p.m. Any remaining business will be continued to the next regularly scheduled meeting of the Commission or to an adjourned meeting if the agenda load warrants such an additional meeting. 5 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 2
SECTION 3.01 – PLACE
All regular meetings of the Commission shall be held in the Council Chambers of City Hall, 34009 Alvarado-Niles Road, Union City, California.

SECTION 3.02 – ADJOURNED MEETINGS
The Commission may adjourn any meeting, regardless of whether it is a regular or special meeting, to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting or in the absence of agenda items, the Secretary may declare the meeting adjourned to a stated time and place, and he/she shall cause a written notice of adjournment to be given in the same manner as provided in Section 3.03 for special meetings, unless such notice is waived as provided for special meetings.

A copy of the order of notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by the Bylaws or other rule.

SECTION 3.03 – SPECIAL MEETINGS
A special meeting may be called at any time by the Chairperson of the Commission, or by a majority of the members of the Commission whenever the business of the Commission shall so require, by delivering personally or by written notice (mail or email) to the Commission and any other noticing required by State law at least 24 hours in advance of such meeting. The call and notice shall specify the time and the place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Commission. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes has filed with the Secretary of the Commission a written waiver of notice. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
6 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 3

ARTICLE IV

OFFICERS
SECTION 4.00 – OFFICERS
The officers of the Commission shall consist of a Chairperson, a Vice Chairperson and a Secretary.

SECTION 4.01 – ELECTION
The offices of Chairperson and Vice Chairperson shall be elective, and persons so elected shall serve for a term of one year or until their successor is elected. Elections shall be held at the first meeting in January of each year. No person shall hold the Office of Chairperson for more than two consecutive years. In the event a person is appointed to a partial term to complete a term of a vacancy, such partial term shall not count as a full term. Commissioners that have served two full consecutive terms cannot be eligible for reelection until a two-year break in service has occurred.

SECTION 4.02 – SECRETARY
The Secretary shall be the Director of Community and Recreation Services or designee of the City of Union City and shall not be a member of the Commission entitled to vote.

It shall be the duty of the Secretary to keep a record of all meetings of the Commission, to accept in the name of the Commission documents and correspondence addressed to it, and to present all such correspondence to the Commission.

SECTION 4.03 – CHAIRPERSON
It shall be the duty of the Chairperson to preside over all meetings of the Commission and he/she shall have the right to vote on all questions. He/she shall see that the laws of the City, pertaining to activities of the Commission, and the rulings of the Commission are faithfully executed. He/she shall sign all documents on behalf of the Commission after the same have been approved by the Commission and shall perform such other duties as may be imposed upon him/her by the Commission.

SECTION 4.04 – VICE CHAIRPERSON
It shall be the duty of the Vice Chairperson to perform all the duties of the Chairperson, in the absence of the Chairperson, with the same force and effect as if performed by the Chairperson.
7 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 4
SECTION 4.05 – CHAIRPERSON PRO TEM
If both the Chairperson and Vice Chairperson are absent, the Commission shall select a Chairperson Pro Tem, who shall perform all the duties of the Chairperson.

SECTION 4.06 – SECRETARY PRO TEM
In the absence of the Secretary, the Commission may appoint a Secretary Pro Tem, other than a member of the Commission.

ARTICLE V

QUORUMS
SECTION 5.00 – QUORUMS
Three (3) members of the Commission shall constitute a quorum for the purpose of conducting business. A quorum shall consist of three (3) members of the five-member Commission, which constitutes a majority of the body.

SECTION 5.01 – ABSENCE OF QUORUM
In the absence of a quorum, the members present shall adjourn to an agreed upon time and place or adjourn to the next regular meeting.

SECTION 5.02 – ATTENDANCE STANDARDS
The latest version of the City of Union City Commission Norms and Guidelines (Resolution 6095-23) shall govern commissioner attendance.

ARTICLE VI
AGENDA
SECTION 6.00 – AGENDA
All reports, communications, documents or other matters to be submitted to the Commission shall be delivered to the Secretary as far in advance of each regular Commission meeting as time for preparation will permit. The Secretary shall arrange a list of matters to be brought before the Commission according to the order of business and furnish each member of the Commission with a copy of the Agenda, 72 hours for regular meetings and 24 hours for special meetings. No matter may be considered by the Commission other than those matters on the Agenda, without the consent of a majority of the Commission present at the meeting and as authorized by law.
8 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 5

ARTICLE VII

ORDER OF BUSINESS
SECTION 7.00 – ORDER OF BUSINESS
All meetings of the Commission shall be open to the public and all persons shall be permitted to attend any meeting of the Commission. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission, and the Secretary shall take their regular places in the Council Chambers and the business of the Commission shall be taken up for consideration and disposition in the following order:

1. CALL TO ORDER

2. ROLL CALL:

3. APPROVAL OF MINUTES:

4. ORAL COMMUNICATIONS (Public Comment):

5. PRESENTATION OR STAFF REPORTS:

6. COMMISSION MATTERS:

7. GOOD OF THE ORDER:

8. ADJOURNMENT:

The regular order of business may be suspended by a majority of the members present.

ARTICLE VIII

RULES OF DEBATE
The latest version of the City of Union City Commission Norms and Guidelines (Resolution 6095-23) shall govern the rules of debate.

SECTION 8.00 – CHAIRPERSON MAY DEBATE AND VOTE, ETC.

The Chairperson may move, second and engage in debate, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Commissioner.

SECTION 8.01 – GETTING THE FLOOR – IMPROPER REFERENCES

TO BE AVOIDED
Every member desiring to speak shall address the Chairperson, and upon recognition shall only address the question under debate, using appropriate conduct and language in accordance with City Council Norms and Guidelines (Resolution 6095-23). 9 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 6
SECTION 8.02 – INTERRUPTIONS
A member, once recognized, shall not be interrupted when speaking unless called to order, or as herein otherwise provided. If a member, while speaking, is called to order, he/she shall cease speaking until the question of order is determined by the Chairperson and, if in order, he/she shall be permitted to proceed.

SECTION 8.03 – PRIVILEGE OF CLOSING DEBATE
The Commissioner moving the adoption of an action shall have the privilege of closing the debate.

SECTION 8.04 – MOTION TO RECONSIDER
A motion to reconsider any action taken by the Commission may be made only at the meeting at which the original action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing sides, but may be seconded by any member, and may be made at any time and have precedence over all the other motions, or while a member has the floor it shall be debatable.

Nothing herein shall be construed to prevent any member of the Commission from making or remaking the same or any other motion at a subsequent meeting of the Commission.

SECTION 8.05 -- REMARKS OF COMMISSIONERS WHEN ENTERED IN

MINUTES
A member of the Commission may request, through the Chairperson, the privilege of having an abstract of his/her statement on any subject under consideration by the Commission entered in the Minutes. If the Commission consents thereto, such statement shall be entered in the Minutes.

SECTION 8.06 – SYNOPSIS OF DEBATE – WHEN ENTERED IN

MINUTES
The Secretary may be directed by the Chairperson with consent of the Commission, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Commission.

SECTION 8.07 – HEARING EVIDENCE BEFORE VOTING
No member of the Commission shall vote on any business item unless he/she shall have been present at the meeting during the entire time that evidence pertaining to such item was presented.
10 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 7
SECTION 8.08 – CONFLICTS OF INTEREST
Commissioners shall comply with the Political Reform Act, the Union City Conflict of Interest Code, and the Brown Act. When a conflict exists, the Commissioner shall recuse and leave the room.

ARTICLE IX

ADDRESSING THE COMMISSION
SECTION 9.00 – PERMISSION OF COMMISSION
Any person desiring to address the Commission may do so at the time designated on the Agenda as “Oral Communication” or “Staff Reports” pursuant to the latest version of the City of Union City Commission Norms and Guidelines (Resolution 6095-23).

Article VII hereof, and “Oral Communications” or “Staff Reports”, after being first recognized by the Chairperson. Any person desiring to address the Commission at the time other than that designated as “Oral Communications” and “Staff Report” may do so only after first securing permission from the Chairperson.

SECTION 9.01 – ADDRESSING THE COMMISSION AFTER MOTION
MADE
After a motion is made by the Commission, no person shall address the Commission without first securing the permission of a majority of the Commission present to do so.

SECTION 9.02 – MANNER OF ADDRESSING COMMISSION – TIME
LIMIT
Each person addressing the Commission shall stand, give his/her name and address in an audible tone of voice for the record and unless further time is granted by a majority of the Commission present, shall limit his/her comments to three (3) minutes. All remarks shall be addressed to the Commission as a body and not to any member thereof. No person, other than the Commission and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission, without the permission of the Chairperson. No question shall be asked a Commissioner except through the Chairperson. 11 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 8

ARTICLE X
VOTING
SECTION 10.00 – AFFIRMATIVE VOTE
A member of the Commission shall verbally vote or indicate an abstention. On a roll call vote, a Commissioner shall verbally and audibly vote “aye”, “no”, or “abstain”.

ARTICLE XI

DECORUM
SECTION 11.00 – BY COMMISSION MEMBERS
While the Commission is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Chairperson or Commission, except as otherwise herein provided.

SECTION 11.01 – BY PERSONS
Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous while addressing the Commission, or otherwise, shall be forthwith, by the Chairperson, barred from further audience before the Commission unless permission to continue is granted by a majority vote of the Commission.

ARTICLE XII

AMENDMENTS
SECTION 12.00 – AMENDMENTS
These bylaws may be amended, revised, or repealed by a majority vote of the Commission at a regular meeting, after introduction at a prior meeting.

ARTICLE XIII

OTHER GOVERNING DOCUMENTS
SECTION 13.00 – COMMISSION NORMS AND GUIDELINES
Commissioners shall abide by the “City of Union City Commission Norms and Guidelines for Boards, Commissions, and Committees” (Commission Norms and Guidelines, Resolution 6095-23), as may be amended when appropriate. In the event of a conflict between the Commission Norms and Guidelines and the Parks and Recreation Commission bylaws, the Commission Norms and Guidelines and Union City Municipal Code shall prevail. 12 of 152
City of Union City Bylaws
Draft Commission Bylaws Park and Recreation Commission
Revised 11/25 Page 9
SECTION 13.01 – UNION CITY MUNICIPAL CODE
Commissioners shall abide by the requirements of the Union City Municipal Code, as may be amended from time to time. In the event of a conflict between the Union City Municipal Code and the Parks and Recreation Commission bylaws, the Union City Municipal Code shall prevail.

Adopted this day of , 2025.

Approved:
_____________________________________
Chairperson
Attest:
___________________________________
Secretary
Approved as to Form:
_____________________________________
City Attorney
13 of 152
Established in June 10, 2025
Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 14 of152

TABLE OF CONTENTS
Page
INTRODUCTION ............................................................................................................. 1 CHAPTER 1 – GROUP NORMS..................................................................................... 1 CHAPTER 2 – SERVING ON A COMMISSION / COMMITTEE...................................... 2 Section 1. Membership ......................................................................................... 2 A. Residency Requirements and Affidavit of Residency. ..................... 2 B. Appointments .................................................................................. 2 C. Oath of Office. ................................................................................. 3 D. Terms of Office................................................................................ 3 E. Attendance Requirements (UCMC Section 2.20.040) ..................... 3 F. Automatic Terminations................................................................... 4 G. Resignation Procedure.................................................................... 4 Section 2. Alternate Commissioners..................................................................... 4 Section 3. Accommodations for Commissioners with Disabilities ......................... 5 Section 4. Stipend Information.............................................................................. 5 CHAPTER 3 – CONFLICT OF INTEREST PROHIBITED ............................................... 5 A. Influencing the Making of Contracts and Affecting Other Financial Interests.
........................................................................................................ 5 B. Disclosure Statements Required (Form 700) .................................. 5 C. Incompatible Public Offices ............................................................. 6 D. Elected Officials............................................................................... 6 CHAPTER 4 – COORDINATION WITH COUNCIL, STAFF, MEDIA AND COMMUNITY......................................................................................... 6 A. Coordination with City Council......................................................... 6 B. Council Meeting Procedures and Commission Participation ........... 8 C. Coordination with Staff .................................................................... 8 D. External Relationships..................................................................... 8 CHAPTER 5 – COMMISSIONER TRAINING.................................................................. 9 A. Training Required by City................................................................ 9 B. State-Mandated Training................................................................. 9 Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 15 of152
3 INTRODUCTION
Commission Guidelines serve as a guiding document for commissioners to carry out best practices in local governance, incorporating digital governance tools and transparency measures to enhance accessibility and efficiency. These guidelines ensure commissioners can effectively carry out their role in advising the City Council.

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

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

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 the City’s code of ethics.

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

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

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

5. We understand that we act as a body, all members are equal, and policy direction is only given by a majority vote of the Commission/Committee.

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

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

7. We attend on time, are focused and devote our undivided attention during Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 16 of152
4 Commission/Committee meetings in order to ensure that we can conduct business efficiently and effectively.

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

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

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

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

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

B. Appointments.

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

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

C. Oath of Office.

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 17 of152
5 Commissioners must take the Oath of Office before participating in meetings. The Oath of Office must be conducted by the City Clerk, an elected official, or staff that have been deputized to conduct the oath. Board secretaries have been deputized to administer the Oath of Office.

D. Terms of Office.

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

E. Attendance Requirements (UCMC Section 2.20.040).

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

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

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

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

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

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

2. Death in the family;

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

4. Lack of transportation to the meeting;

5. Previously scheduled vacation or travel.

Notification Deadlines for Absences:
• For serious illness, injury, or a death in the family (Subsections 1 and 2 above), commissioners and alternates must notify the Commission Secretary no later than Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 18 of152
6 24 hours before the meeting.
• For employment conflicts, lack of transportation, or previously scheduled vacation or travel (Subsections 3, 4, and 5 above), commissioners and alternates must notify the Commission Secretary no later than 72 hours before the meeting. • Failure to provide a timely notice will result in the absence being recorded as unexcused. The commission bylaws will be updated to reflect these attendance notification procedures in accordance with Ordinance No. 2025-001, which took effect on April 10, 2025.
(UCMC Section 2.20.040).

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

F. Tardiness Policy.

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

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

When a commissioner is tardy and their absence affects quorum or voting, an alternate commissioner may be seated in accordance with established protocols.

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 19 of152
7 Chronic tardiness may be considered in evaluating a commissioner’s continued service and eligibility for reappointment.

G. Automatic Terminations.

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

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

2.20.100(E).

H. Resignation Procedure.

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

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

Section 2. Alternate Commissioners
Alternate commissioners attend the regular and special meetings of the commission in the absence of a regular member. The alternate shall review staff reports Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 20 of152
8 and documents and otherwise prepare for such meetings. If, as a result of an absence of a regular member at a regular or special meeting, the alternate shall move to the seat of a regular member, then the alternate shall participate as a regular member, and shall receive such compensation, where applicable. (UCMC 2.20.020.)
Alternate commissioners are subject to the qualifications, appointment, removal and other requirements applicable to the regular members. However, alternate commissioners will not be automatically appointed where there is a vacancy created for a regular commissioner position. The Mayor, with approval of the City Council, shall appoint commissioners to vacant position pursuant to UCMC Section 2.20.030. The Mayor may consider current alternate commissioners for appointment to a vacant regular commission position and may consult with the Councilmember liaison to the relevant commission when considering alternate commissioners.

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

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

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

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

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

Section 4. Stipend Information
Pursuant to UCMC Section 2.20.080, commissioners may be entitled to payment in an amount specified by City Council Resolution.

CHAPTER 3 – CONFLICT OF INTEREST PROHIBITED
Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 21 of152
9 A. Influencing the Making of Contracts and Affecting Other Financial Interests.

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

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

B. Disclosure Statements Required (Form 700).

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

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

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

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

C. Incompatible Public Offices.

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

D. Elected Officials.

Should a commissioner be elected to one of the following positions, the commissioner shall resign from the commission position within 30 days of the election Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 22 of152
10 date:

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

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

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

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

Just as the commissions advise the City Council concerning policy but do not create policy, the commissions advise the City Council concerning various programs run by the City but do not themselves operate programs. It is the responsibility of the City Manager and the City staff to operate programs authorized by the City Council. (2) Councilmember Liaison
In order to provide regular and consistent guidance to commissions, the City Council will designate one Councilmember to serve as a liaison to the Human Relations Commission, Senior Commission, Parks and Recreation Commission, Arts and Culture Commission and Youth Commission. Each commission is encouraged to keep the Councilmember liaison appraised of relevant developments and seek guidance from the Councilmember liaison. The Councilmember liaison will keep the City Council appraised as appropriate. The Councilmember Liaison may include the following activities:
(a) Attend Commission meetings as needed to
communicate and provide guidance to Commissioners.

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 23 of152
11 (b) Attend Commission retreats and planning meetings as needed to ensure guidance can be rendered to Commissioners as priorities are being shaped.
(c) Work one on one with Commission Chairs and staff to determine approaches to Commission work as needed.
(d) Keep the Mayor and City Council apprised as needed
of Commission work at City Council meetings during the City Commission/Committee Reports section of the agenda.
(e) Provide the Mayor feedback regarding the
Commission as needed.
(f) The Planning Commission will not have a
Councilmember Liaison due to the State’s legal requirement for the Planning Commissioners to act independently from the City Council on policy matters. (3) Referrals from the City Council.

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

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

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

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

B. Council Meeting Procedures and Commission Participation.

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

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

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

C. Coordination with Staff.

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

Commission secretaries are responsible to the City Manager as well as the commission, and they keep the City Manager informed of significant issues that come before their commissions.

D. External Relationships.

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 24 of152
12 (1) Communication with the public, press and other media.

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

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

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

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

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

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 25 of152
13 B. State-Mandated Training.
(1) Commissioners are required to complete biennial ethics training under AB 1234 and harassment prevention training under AB 1661 in accordance with State law and UCMC
Section 2.20.100. Newly appointed commissioners must
complete both trainings within one year of their appointment and every two years thereafter.
(2) In addition to completing the required trainings,
commissioners must submit proof of completion to the City Clerk by the required deadline. Failure to complete the training or submit proof of completion within the specified timeframe will be treated as non-compliance and will result in automatic removal from the commission.
(3) Commissioners who fail to comply with either of these requirements will be ineligible for reappointment to any board or commission for a period of 24 months from the date of removal.

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

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

B. Teleconferencing Under AB 2449 (Temporary, More Flexible Remote Participation):
• AB 2449 allows limited remote participation without requiring disclosure of the commissioner’s remote location or public access to it.

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 26 of152
14 • This option is available only when a commissioner has “just cause” or faces “emergency circumstances.” The commissioner must notify the commission as soon as possible when invoking this provision. • Remote participation under AB 2449 is limited to two meetings per calendar year, unless a declared state of emergency is in effect. • Commissioners participating remotely under AB 2449 must have their video enabled throughout the meeting unless prevented by an emergency or an approved accommodation.

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

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

2. A contagious illness that prevents attendance in person.

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

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

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 27 of152

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

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

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

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

1. Providing Information vs. Campaigning with Regard to a City Ballot Measure or Candidates
The City has one measure, Measure WW, on the ballot this November. Government Code Section 54964 prohibits any officer, employee or consultant of the City from expending or
Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 28 of152

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

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

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 29 of152

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 3
• City employees may make presentations on the ballot measure during City work time, so long as the presentation is a fair and impartial presentations of the facts.5

2. Government Code Sections 3201, et seq. and Government Code Section 8314
California Government Code Sections 3201, et seq. and California Government Code Section 8314 apply to City officials and employees. Under State law, City officials and employees are prohibited from conducting political activities6in the following circumstances:
• Unlawful use of office, influence, or authority;
➢ Neither City officials nor employees may directly or indirectly solicit campaign contributions from other City officials or employees.7 Solicitation from other City officials or employees is only permitted if it is part of a general effort that incidentally includes City officials and employees.8 For example, a City employee on personal time, participating in a general door-to- door solicitation effort organized by a committee can solicit a contribution from another City employee. This would be considered part of a general effort which incidentally includes the City employee. Similarly, if a City official sends a mailer paid for by a campaign committee to high propensity voters, and officers and employees of the City are intended recipients of that mailer, that would be acceptable.
➢ Neither the City Council nor employees may use their office or the influence inherent to their office to help obtain, or obstruct someone from obtaining, a position, promotion or raise within the City upon the consideration or condition that the person helped, or obstructed, will vote a certain way, or will provide political influence for a candidate, officer or party.9 Even the “urging or discouraging” of another’s action is prohibited under this statute.
➢ Finally, a Councilmember or a candidate for City Council cannot offer or arrange an increase in compensation or salary in exchange for an employee’s
5 The drafting of, and use of talking points when making presentations and answering questions about a ballot measure and responding to questions on the ballot measure on City time are permitted. 6 “Political activities” include, but are not limited to: advocacy for or against a candidate or ballot measure, solicitation of political funds or campaign contributions, signing petitions, endorsements or nomination papers.
7 Gov. Code § 3205.

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 30 of152

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 31 of152

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 32 of152

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 5
• Using a City owned/issued car, bicycle, or other form of transportation to travel to an activity to support or oppose a ballot measure or candidate.12

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

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

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 33 of152

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 6
• Employees may also individually participate in campaign activities, including forming a campaign committee. Employees may not participate in such activities on City time and should not participate in campaign activities on City property. In addition, if employees attend any campaign activities, they should not wear a City- issued uniform, and should not travel to and from campaign activities or events in a City owned vehicle.

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

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

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

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

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 34 of152

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 7
However, all employees, as stated above, remain free to participate in political activities on their personal time with personal resources.

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

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

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

KJK:

Docusign Envelope ID: 5475825D-363A-489D-98C2-4EEB17FE4469 35 of152
Legislation and Policy Committee
Staff Report Page 1 of 3 February 2, 2026
Staff Report
Agenda Item No. 4.2
DATE: February 2, 2026
TO: Members of the Legislation and Policy Committee
FROM: Joan Malloy, City Manager
SUBJECT: Larry Orozco Teen Bike Workshop Remediation and Repair Cost Analysis

BACKGROUND
At the Regular City Council Meeting of May 28, 2024, the City Council received a report requesting that the Larry Orozco Teen Workshop be designated a historic landmark. Staff recommended that the City Council review the condition of the building and the repairs that would be required to bring it up to code for public use prior to considering it for a historic designation. The City Council referred the item to the Legislation and Policy Committee to discuss the scope of work and the expected costs for the analysis that would be needed to understand the condition of the building.

On February 25, 2025, staff reported to the City Council the outcome of the Legislation and Policy Committee meeting, which recommended that the City Council authorize staff to proceed with the analysis to determine the condition of the building. This motion passed unanimously. A copy of the February staff report can be found here: Coversheet Over the past several months staff has engaged professionals to assess the condition of the property, including PCA, Property Condition Assessments, LLC (Attachment 1) and Ninyo and Moore, a geotechnical and environmental services consultant to prepare a Hazardous Building Materials Survey (Attachment 2). Staff have also engaged a leadcertified contractor to obtain cost estimates for remediation of lead paint and asbestos.

DISCUSSION
The Larry Orozco Teen Bike Workshop site was the location of the old Mohawk Fireball Gas Station at 33623 Mission Boulevard that was built in the 1930s. At some time in the past, the gas station was decommissioned, and the gas pumps were removed. The underground storage tanks have also been removed. In approximately 1981, the City purchased the building and eventually funded the Youth Employment program placing it under the Leisure Services Department, now known as the Community and Recreation Services Department. The site has been under continuous use by the City and the 36 of 152
Agenda Item No. 4.2
Legislation and Policy Committee Staff
Report Page 2 of 3 February 2, 2026
community for over 45 years.

The high-level summary of the Property Condition Assessment and the Hazardous Building Materials Survey reports concluded that the building is in poor to fair condition.

There is lead paint on the interior and the exterior of the building and before any improvements or repairs can be made to the structure, the lead paint must be abated. A small amount of asbestos has also been identified on the roof that also must be abated.

Repair or replacement is needed to the pavement, windows, exterior walls, roof, HVAC, plumbing, and electrical. The building and property also are not ADA compliant. The bathroom will need to be enlarged, and ADA parking and walkways will need to be provided. It is not yet clear if the building will need fire sprinklers. Lastly, the building lacks IT infrastructure.

Based on the analysis prepared by PCA and Ninyo and Moore, Public Works staff prepared a preliminary cost estimate that identifies suggested phasing of the building improvements (see Attachment 3). The initial estimate to remediate the lead and asbestos and repair the building to bring it to current code is $684,717.

This cost estimate does not include any funding to repair the exterior mural that will be damaged by the abatement of the lead paint. As part of the abatement, any loose or peeling paint must be removed and this will damage the existing mural. Further, the building stucco exterior would be repaired and sealed once the loose and peeling paint has been removed. While staff does not expect that the entire mural will be impacted, the extent of damage is unknown until the abatement is completed. From a visual assessment, most of the peeling paint is located on the upper half of the building and throughout the portico. Staff would recommend that the City Council consider using the Art-in-Lieu funds to repair the mural once it has been remediated. While staff anticipates that there should be adequate funding, other mural projects, including the BART mural project rely on the same source of funding and full costs are not known.

Approximately $14,081 has been spent to date on the analyses prepared by PCA and Ninyo and Moore. There has also been $12,951 incurred by Cummings Group, who have supported Public Works staff with construction management services for this project.

Cummings Group has spent time coordinating the the consultants, reviewing reports, seeking bids from contractors for remediation, researching lead abatement, preparing a cost estimates, and coordinating meetings with City Manager’s Office and other staff.

FISCAL IMPACT
The total cost of repairing the Larry Orozco Teen Bike Workshop to bring it up to current code for public use is expected to be $684,717. Approximately $27,032 of these funds have been incurred to date with the preparation of the Property Condition Assessment and Hazardous Building Materials Survey reports and construction management costs.

As noted, the cost estimate does not include fire sprinklers or the repair to the exterior mural. The estimate is preliminary, based upon the analysis completed to date and staff’s recent experiences with bids for other City facility projects. 37 of 152
Agenda Item No. 4.2
Legislation and Policy Committee Staff
Report Page 3 of 3 February 2, 2026
Phase Cost
1 Lead and asbestos abatement $58,000
2 ADA improvements $134,000
3 Roof repair and replacement $85,000
4 All other repairs $210,350
Soft costs $197,367
TOTAL $684,717
As noted in Attachment 3, $200,000 is identified in Fiscal Years 2027/2028 for the Larry Orozco Teen Bike Workshop. Based on the information that is now known, $200,000 will be inadequate to repair the building. If there is interest in restoring the building for ongoing public use, staff recommends that the City Council consider a phased approach and implement repairs as funding becomes available. This would be managed through the budget process.

The priority, of course, would be to abate the property as soon as possible. However, to do so may require other CIP projects to be delayed. At this time, staff has not completed a full analysis of possible funding sources.

RECOMMENDATION
Staff recommends that the Legislation and Policy Committee review and discuss the staff report and attachments, including the cost estimate. The Committee may wish to accept the reports and forward them to the City Council for a full discussion. If the Committee has additional questions that require further analysis, staff suggests continuing the item to a future the Legislation and Policy Committee.

Prepared by: Joan Malloy, City Manager
Attachments

1. Attachment 1 - Property Condition Assessment Report, May 15, 2025

2. Attachment 2 - Hazardous Building Materials Survey, May 27, 2025

3. Attachment 3 - Cost Estimate, Union City, November 20, 2025 38 of 152
Project No. 01-25-0052 May 15, 2025
Property Condition Assessments, LLC
450 Apollo Street, Suite E, Brea, California 92821
Main: (626) 685-9560
www.pcallc.com
39 of 152
450 Apollo Street, Suite E, Brea, California 92821 Main: (626) 685-9560 www.pcallc.com May 15, 2025
File No.: 01-25-0052
Jose Gutierrez

CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
REFERENCE: 33623 MISSION BOULEVARD
UNION CITY, CALIFORNIA 94587
SUBJECT: PROPERTY CONDITION ASSESSMENT REPORT
Dear Jose:

Thank you for selecting Property Condition Assessments, LLC ("PCA") to perform this assessment. In accordance with the agreement to perform physical due-diligence services, PCA is pleased to submit the attached report for the Subject Property.

The objective of this engagement was for PCA to visually assess the present condition of the Subject Property. This report describes the current condition of the primary components and systems at the Subject Property and identifies physical deficiencies and conditions that would limit the expected serviceable life of those systems. Also included is a spreadsheet tabulating PCA's opinions of probable costs to address code and safety issues, repair and maintenance items, modernization and improvement recommendations, and anticipated capital expenditures.

Please do not hesitate to contact us should you have questions concerning this report.

Sincerely,
Property Condition Assessments, LLC
John I. Luna
President
40 of 152

TABLE OF CONTENTS

OPINIONS OF PROBABLE COSTS SPREADSHEET
I. INTRODUCTION

1.0 Introduction..................................................................................................1

1.1 Overall Project at a Glance ..........................................................................3

1.2 Cost Table Summary....................................................................................4

1.3 Statement of Condition ................................................................................4

1.4 Purpose.........................................................................................................4

1.5 Scope of Services.........................................................................................4

1.6 Documents Reviewed ..................................................................................5

1.7 Cost Calculation Methodology ....................................................................5

1.8 Quality Definitions.......................................................................................6

1.9 Report Reliance............................................................................................7 II. PROPERTY CONDITION ASSESSMENT
A. Site ...............................................................................................................8 B. Structural – Seismic Systems.....................................................................14 C. Building Exterior .......................................................................................24 D. Roofing ......................................................................................................26 E. Interiors......................................................................................................28 F. Limited Disabled-Access Assessment .......................................................30 G. HVAC ........................................................................................................32 H. Plumbing....................................................................................................33 I. Electrical ....................................................................................................35 J. Fire- and Life-Safety Systems ...................................................................37 K. Vertical Transportation ..............................................................................38 L. Public Records Review..............................................................................39

APPENDICES
Appendix A Vicinity Map
Appendix B Report Photographs
Appendix C Zoning Analysis
41 of 152

OPINIONS OF PROBABLE COSTS
33623 Mission Boulevard
33623 Mission Boulevard Union, CA 94587
Rating:
1 - Code and Safety
2 - Repair and Maintenance
3 - Capital Expenditures
33623 Mission Boulevard 01-25-0052
Confidential Client Information 1 of
Property Condition Assessments, LLC
5 - Tenant Responsibility
4 - Modernization/Improvements 5
Client
PCA Project Manager
Date(s) of Site Visit

SUMMARY DATA
City of Union City
Tim Burton, R.A.

May 2, 2025
PCA Project Team Robert D. Boyens, S.E. Structural-Seismic Assessor - Generalist Site Data Topography Generally flat, with slight slope to drainage Land Area 0.33 acres, or approximately 14,410 square feet Zoning Corridor Mixed Use - Commercial
Improvement Data Number of Buildings / Units One building / One tenant space Building Type Retail (previously used as gas station and garage) Year Built Unknown
Number of Stories One
Type of Construction Type VB, Unprotected Non-Sprinklered Reported Rentable Building Area Approximately 2,000 square feet Type of Parking Open surface (unpaved)
Existing Parking Spaces Unknown; no spaces are striped.

Unknown; independent verification of municipal parking requirements is outside the Scope of Services for this report.

Required Parking Spaces
Business (Group B)
2022 California Building Code (CBC)
Unknown; early version of CBC
City of Union City
Building Engineer Armando Gonzalez
Property Manager
Applicable Code
Current Code
Information Source Occupancy Class
The overall condition of the Subject Property is poor to fair, depending on the building system, in comparison to PCA's experience with other properties of similar age and type.

Except as noted within the respective sections of this report, building improvements generally appeared to comply with applicable building codes enforced at the time of original construction.

This report details the findings and opinions regarding recommended corrections to the Subject Property within the scope of PCA's engagement. With the completion of the repairs identified in the "Opinions of Probable Costs" spreadsheet (OPCs), in conjunction with a well-planned and executed program of ongoing maintenance, the Subject Property should continue to perform well throughout its remaining economic life, which should be 20 or more years.

Statement of Condition
42 of 152

OPINIONS OF PROBABLE COSTS
33623 Mission Boulevard
33623 Mission Boulevard Union, CA 94587
Rating:
1 - Code and Safety
2 - Repair and Maintenance
3 - Capital Expenditures
33623 Mission Boulevard 01-25-0052
Confidential Client Information 2 of
Property Condition Assessments, LLC
5 - Tenant Responsibility
4 - Modernization/Improvements 5
A.

B.

C.

SITE

STRUCTURAL / SEISMIC

BUILDING EXTERIOR
Recommendation
Recommendation
Recommendation
Rating
Rating
Rating
Quantity
Quantity
Quantity
Unit
Unit
Unit
Unit Cost
Unit Cost
Unit Cost
Item
No.

Item
No.

Item
No.

Code Fire
Life Safety
Code Fire
Life Safety
Code Fire
Life Safety
Year 1
Immediate
Year 1
Immediate
Year 1
Immediate
Total
Total
Total
Year 2
2026
Year 2
2026
Year 2
2026
Year 3
2027
Year 3
2027
Year 3
2027
Year 4
2028
Year 4
2028
Year 4
2028
Year 5
2029
Year 5
2029
Year 5
2029
Year 6
2030
Year 6
2030
Year 6
2030
Year 7
2031
Year 7
2031
Year 7
2031
Year 8
2032
Year 8
2032
Year 8
2032
Year 9
2033
Year 9
2033
Year 9
2033
Year 10
2034
Year 10
2034
Year 10
2034
Subtotal
Subtotal
Subtotal
$0
$0
$0
$45,000
$15,000
$26,500
$0
$0
$0
$0
$0
$0
$0
$0
$0
$2,700
$0
$0
$50,400
$15,000
$36,500
$0
$0
$0
$0
$0
$0
$0
$0
$10,000
$0
$0
$0
$2,700
$0
$0
A. 01
A. 02
B. 01
C. 01
C. 02
C. 03
Asphalt Paving - Installation: Grade site, prepare base, and pave site with asphaltic concrete. Stripe for parking spaces and traffic control, including disabled-access parking spaces and accessible paths of travel from the street to the building entrance; as well as from parking spaces to the building entrance. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].

Asphalt Paving - Maintenance: Budget for crack repair, seal coat, and restripe of asphalt pavement on a seven-year cycle. Cost includes re-striping of parking spaces, pavement markings, and drive lanes.

Lean-To - Demolition: Demolish the lean-to on the east side of the building.

The lean-to has rot-damaged roof framing and deteriorated wall framing.

This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].

Exterior Walls - Stucco Cladding, Repairs: Perform repair of damaged stucco on all exterior elevations.

Exterior Paint: Budget to retain an artist to re-paint areas of the mural at the building exterior that are faded and/or have stucco damage. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].

Window Replacements: Perform replacement of all windows. Windows are single-pane units set in wood frames. Rot and termite damage were noted at several of the windows and evidence of leaks at the windows was observed at the interior. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].
3 2
2 2
2 3
9,000
9,000
1 1
1 6
SF
SF
LS
LS
EA
EA
$5.00
$0.30
$15,000.00
$7,500.00
$10,000.00
$1,500.00
$0
$0
$0
$0
$0
$0
$45,000
$0
$15,000
$7,500
$10,000
$9,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$2,700
$0
$0
$0
$0
$45,000
$5,400
$15,000
$7,500
$20,000
$9,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$10,000
$0
$0
$0
$0
$0
$0
$0
$0
$2,700
$0
$0
$0
$0
43 of 152

OPINIONS OF PROBABLE COSTS
33623 Mission Boulevard
33623 Mission Boulevard Union, CA 94587
Rating:
1 - Code and Safety
2 - Repair and Maintenance
3 - Capital Expenditures
33623 Mission Boulevard 01-25-0052
Confidential Client Information 3 of
Property Condition Assessments, LLC
5 - Tenant Responsibility
4 - Modernization/Improvements 5
D.

E.

F.

ROOFING

BUILDING INTERIORS

LIMITED DISABLED-ACCESS
REVIEW
Recommendation
Recommendation
Recommendation
Rating
Rating
Rating
Quantity
Quantity
Quantity
Unit
Unit
Unit
Unit Cost
Unit Cost
Unit Cost
Item
No.

Item
No.

Item
No.

Code Fire
Life Safety
Code Fire
Life Safety
Code Fire
Life Safety
Year 1
Immediate
Year 1
Immediate
Year 1
Immediate
Total
Total
Total
Year 2
2026
Year 2
2026
Year 2
2026
Year 3
2027
Year 3
2027
Year 3
2027
Year 4
2028
Year 4
2028
Year 4
2028
Year 5
2029
Year 5
2029
Year 5
2029
Year 6
2030
Year 6
2030
Year 6
2030
Year 7
2031
Year 7
2031
Year 7
2031
Year 8
2032
Year 8
2032
Year 8
2032
Year 9
2033
Year 9
2033
Year 9
2033
Year 10
2034
Year 10
2034
Year 10
2034
Subtotal
Subtotal
Subtotal
$5,000
$0
$31,000
$32,000
$3,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$37,000
$3,000
$31,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
D. 01
D. 02
E. 01
F. 01
F. 02
Roof Access and Safety: Install an internal, wall-mounted ladder and new roof hatch; or a lockable exterior wall-mounted roof access ladder with safety cage to provide safe access for roof and mechanical equipment service personnel.

Roof Replacement: Remove the Built-Up Roofing [BUR] membrane at the former garage station, as well as the asphalt emulsion roof at the mechanic's garage. Replacement should be with a new BUR membrane with a cool roof designation. Scope to include replacement of cap flashings and coping. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].

Rentable Area Verification: Consider engaging a qualified consultant to verify existing floor plans at tenant and common use areas. Verification shall utilize space measurement standards per BOMA/ANSI guidelines. Area takeoffs shall be based upon desktop review of as-built construction documents. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. Work is subject to the verified terms and conditions of the existing lease agreement.

Compliant Sidewalk: Provide a sidewalk from the public way to the main building entrance. Ensure the existing door meets requirements for opening width, threshold, and opening force.

Restroom Compliance: Upgrade the public restroom to meet ADA requirements. The restroom is currently not compliant with ADA design guidelines. Scope to also include addition of new compliant dual basin water fountain. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].
1 3
4 1
1 1
2,000
1 1
1 EA
SF
EA
LS
LS
$5,000.00
$16.00
$3,000.00
$6,000.00
$25,000.00
$5,000
$0
$0
$6,000
$25,000
$0
$32,000
$3,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$5,000
$32,000
$3,000
$6,000
$25,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
44 of 152

OPINIONS OF PROBABLE COSTS
33623 Mission Boulevard
33623 Mission Boulevard Union, CA 94587
Rating:
1 - Code and Safety
2 - Repair and Maintenance
3 - Capital Expenditures
33623 Mission Boulevard 01-25-0052
Confidential Client Information 4 of
Property Condition Assessments, LLC
5 - Tenant Responsibility
4 - Modernization/Improvements 5
G.

H.

I.

J.

HVAC

PLUMBING SYSTEMS

ELECTRICAL SYSTEMS

FIRE / LIFE-SAFETY SYSTEMS
Recommendation
Recommendation
Recommendation
Recommendation
Rating
Rating
Rating
Rating
Quantity
Quantity
Quantity
Quantity
Unit
Unit
Unit
Unit
Unit Cost
Unit Cost
Unit Cost
Unit Cost
Item
No.

Item
No.

Item
No.

Item
No.

Code Fire
Life Safety
Code Fire
Life Safety
Code Fire
Life Safety
Code Fire
Life Safety
Year 1
Immediate
Year 1
Immediate
Year 1
Immediate
Year 1
Immediate
Total
Total
Total
Total
Year 2
2026
Year 2
2026
Year 2
2026
Year 2
2026
Year 3
2027
Year 3
2027
Year 3
2027
Year 3
2027
Year 4
2028
Year 4
2028
Year 4
2028
Year 4
2028
Year 5
2029
Year 5
2029
Year 5
2029
Year 5
2029
Year 6
2030
Year 6
2030
Year 6
2030
Year 6
2030
Year 7
2031
Year 7
2031
Year 7
2031
Year 7
2031
Year 8
2032
Year 8
2032
Year 8
2032
Year 8
2032
Year 9
2033
Year 9
2033
Year 9
2033
Year 9
2033
Year 10
2034
Year 10
2034
Year 10
2034
Year 10
2034
No issues were identified.

Subtotal
Subtotal
Subtotal
Subtotal
$0
$0
$3,000
$0
$15,000
$500
$6,000
$0
$500
$0
$0
$500
$0
$0
$500
$0
$2,600
$3,000
$6,000
$17,600
$13,000
$0
$0
$500
$0
$0
$500
$0
$0
$500
$0
$0
$500
$0
$0
$3,000
G. 01
H. 01
H. 02
I. 01
I. 02
HVAC Replacements: Budget to replace ceiling mounted gas fired area heaters. Although the heaters appeared in good condition, the equipment has reached the end of its statistical service life during the assessment term. This cost is a preliminary budget only, which should be validated through additional investigation and contractor bid[s].

Water Supply Piping - Replacement: Re-plumb the galvanized piping water supply with copper piping. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s].

Water Heater Replacement: Budget to replace electric water heater. Water heater appeared in fair condition but will reach the end of its statistical service life during the assessment term. This cost is a preliminary budget only, which should be validated through additional investigation and contractor bid[s].

Electrical Maintenance - Infrared Scans: Budget to retain a qualified electrical contractor to perform infrared scans of main electrical switchgear and primary subpanels on an annual cycle, as per current NFPA 70B regulations. Cost includes a limited allowance for minor maintenance and cleaning of the systems.

Electrical Maintenance - Ground-Fault Testing: Budget to retain a qualified electrical contractor to perform required five-year ground-fault testing of the main electrical switchgear. This cost is a preliminary budget only, which should be verified through additional investigation and contractor bid[s]. 3 4
3 1
1 2
1 1
1 1
EA
LS
EA
EA
EA
$3,000.00
$15,000.00
$2,600.00
$500.00
$2,500.00
$0
$0
$0
$500
$2,500
$0
$15,000
$0
$500
$0
$6,000
$0
$0
$500
$0
$0
$0
$0
$500
$0
$0
$0
$0
$500
$0
$0
$0
$2,600
$500
$2,500
$6,000
$15,000
$2,600
$5,500
$7,500
$0
$0
$0
$500
$0
$0
$0
$0
$500
$0
$0
$0
$0
$500
$0
$0
$0
$0
$500
$0
$0
$0
$0
$500
$2,500
45 of 152

OPINIONS OF PROBABLE COSTS
33623 Mission Boulevard
33623 Mission Boulevard Union, CA 94587
Rating:
1 - Code and Safety
2 - Repair and Maintenance
3 - Capital Expenditures
33623 Mission Boulevard 01-25-0052
Confidential Client Information 5 of
Property Condition Assessments, LLC
5 - Tenant Responsibility
4 - Modernization/Improvements 5
K.

L.

VERTICAL TRANSPORTATION

PUBLIC RECORDS REVIEW
TOTALS:

GRAND TOTAL: $209,500
TOTALS BY RATING: 1
2 3
4 $49,000
$47,900
$94,600
$18,000
$39,000 $137,000 $6,500 $500 $500 $8,300 $500 $500 $10,500 $500 $5,700 Recommendation
Recommendation
Rating
Rating
Quantity
Quantity
Unit
Unit
Unit Cost
Unit Cost
Item
No.

Item
No.

Code Fire
Life Safety
Code Fire
Life Safety
Year 1
Immediate
Year 1
Immediate
Total
Total
Year 2
2026
Year 2
2026
Year 3
2027
Year 3
2027
Year 4
2028
Year 4
2028
Year 5
2029
Year 5
2029
Year 6
2030
Year 6
2030
Year 7
2031
Year 7
2031
Year 8
2032
Year 8
2032
Year 9
2033
Year 9
2033
Year 10
2034
Year 10
2034
No issues were identified.

No issues were identified.

Subtotal
Subtotal
5 $0
46 of 152
Property Condition Assessments, LLC 1 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
SECTION 1 – INTRODUCTION
Property Condition
Assessments, LLC
33623 MISSION

BOULEVARD
Project Manager:

Tim Burton
626.252.0789
Prepared for: Site-Visit Date:

May 2, 2025
City of Union City Report Date:

May 14, 2025

1.0 INTRODUCTION
Property Condition Assessments, LLC ("PCA") conducted a condition assessment of the singlestory retail/commercial building located at 33623 Mission Boulevard in Union City, California (the "Subject Property").

The Subject Property consists of an original gas station with an attached mechanic's garage addition. The building has been converted into a bicycle workshop with retail sales. The building is a wood-framed structure on grade. The west side of the site is used for community gardens, while the east side is undeveloped and used for storage of two shipping containers that are used for storage purposes.

Total building area is approximately 2,000 square feet. Total land area is reportedly 0.33 acres or approximately 14,410 square feet.

Subject Property
47 of 152
Property Condition Assessments, LLC 2 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
PCA performed a visual assessment of the Subject Property on April 2, 2025. At the time of the site visit, the weather was clear with temperatures ranging from 62° to 68° Fahrenheit throughout the day.

This assessment was performed by the following professional:
 Robert D. Boyens, S.E.: Architectural Assessor - Generalist Mr. Armando Gonzalez, maintenance engineer, escorted PCA during the site visit. Mr.

Gonzalez was somewhat familiar with the Subject Property and has been involved with the Project since 2020. Mr. Gonzalez was also interviewed regarding maintenance issues pertaining to the Subject Property.

This report summarizes PCA's findings and opinions of recommended corrections to the Subject Property. No destructive tests were undertaken; conditions and opinions described in this report are based on visual observation only.
48 of 152
Property Condition Assessments, LLC 3 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

1.1 OVERALL PROJECT AT A GLANCE
Location Address: 33623 Mission Boulevard
Union City, California 94587
Site Data Land Area: 0.33 acres, or approximately 14,410 square feet
Zoning: Corridor Mixed Use Commercial
Improvement
Data
Number of Buildings/Units: One building / One tenant
Building Type: Retail (previously used as gas station and garage)
Year Built: Unknown
Number of Stories: One
Type of Construction: Type VB, Unprotected, Non-Sprinklered Reported Building Area: 2,000 square feet
Type of Parking: Open surface
Existing Parking: Unknown; no spaces are striped.

Required Parking: Unknown; independent verification of
municipal parking requirements is outside the
Scope of Services for this report.

Occupancy and
Building Code
Occupancy Class: Group B (Business)
Current Code: 2022 California Building Code (CBC)
Applicable Code: Unknown; early version of CBC
Seismic Zone Yes / No Zone 4 per U.S. Seismic Zone Map in the Uniform Building Code (UBC)
Flood Zone Yes / No Flood Zone X per FEMA Map Number
06071C8605H, dated August 28, 2008, an
area with reduced flood risk due to levee.
49 of 152
Property Condition Assessments, LLC 4 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

1.2 COST TABLE SUMMARY
Rating 1
Code & Life
Safety
Rating 2
Repair &
Maintenance
Rating 3
Capital
Improvements
Rating 4
Modernization/
Upgrades
Project Total
Cost
Totals $49,000 $47,900 $94,600 $18,000 $209,500

1.3 STATEMENT OF CONDITION
The overall condition of the Subject Property is poor to fair, depending on building system, in comparison to PCA's experience with other properties of similar age and type. Except as noted within the respective sections of this report, building improvements generally appeared to comply with applicable building codes enforced at the time of original construction.

This report details the findings and opinions regarding recommended corrections to the Subject Property within the scope of PCA's engagement. With the completion of the repairs identified in the "Opinions of Probable Costs" spreadsheet (OPCs), in conjunction with a well-planned and executed program of ongoing maintenance, the Subject Property should continue to perform well throughout its remaining economic life, which should be 50 or more years.

1.4 PURPOSE
The purpose of this assessment is to evaluate the condition of the existing Subject Property relative to a potential acquisition transaction. This report is based upon the conditions observed at the time of the site visit and does not represent a guarantee of the overall condition or the functional suitability of the Subject Property.

1.5 SCOPE OF SERVICES
The scope of this assessment has been completed in accordance with the "Scope of Services" contained in the contract of engagement between City of Union City and PCA, dated March 7, 2025.

This Scope of Services complies with Standard E. 2018-15 of the American Society for Testing and Materials (ASTM), "Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process," as modified by the contract of engagement to accommodate Client's specific requirements.
50 of 152
Property Condition Assessments, LLC 5 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

1.6 DOCUMENTS REVIEWED
PCA submitted a written copy of its "PCA Owner-Management Disclosure Questionnaire and Document Request" to both PCA's Client and the Subject Property Ownership/Management.

PCA also made a formal written requested for the following information from Subject Property Ownership/Management:
 Available construction documentation, including plans, blueprints, calculations, specifications, geotechnical reports, test reports, etc.  ALTA surveys
 Title Commitment
 Certificate of Occupancy (C of O)
 Property site plans
 Rent Roll
 BOMA calculations
 Maintenance records
 List of maintenance vendors with contact information
 Copies of invoices for recent capital improvement projects  Copies of warranties for major building systems/components  Equipment inventory/replacement lists
 Maintenance/capital improvement budgets
 Previous third-party condition/environmental assessment reports  Inspection reports, testing reports and certifications for all major building systems including the following: Fire sprinkler and fire alarm; Elevators; Backflow preventer; Infrared scans; Arc-Flash studies; Roof davits; Roof membranes  Lease agreements or landlord and tenant responsibility forms To the extent the above-requested information was made available, PCA's project team reviewed and incorporated material and relevant information into the findings and conclusions of this report.

1.7 COST-CALCULATION METHODOLOGY
Opinions of Probable Costs (OPCs) are based on construction costs developed using construction resources such as Marshall & Swift and RS Means (adjusted for geographic location), as well as PCA's experience with past costs for similar projects. In some cases, costs may have been provided by Client/Owner/Property Management based upon actual contractor bids or Client's/Owner's/Manager's historical experience with similar projects; in such cases, the source of the cost is verified in writing and noted within the respective OPC(s). Costs solely reflect "Hard Costs" (e.g., materials and labor) for the recommended work, and do not account for "Soft Costs" (e.g., design fees, surveying, geotechnical investigations, permitting, financing, legal, administrative).

OPCs are based on current costs, and do not reflect increases due to inflation over time, unless otherwise stated in the report. PCA's project professionals have exercised reasonable diligence and judgment in using reliable sourcesfor the cost information presented herein. However, actual costs may differ from PCA's projected costs, dependent upon many factors including variations in design criteria, construction methods, timing, contractor management, geographic parameters, weather conditions, availability of labor and materials, use of unionized labor, and other conditions beyond PCA's control. Accordingly, PCA cannot guarantee the accuracy or 51 of 152
Property Condition Assessments, LLC 6 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
sufficiency of the OPCs when compared to actual bids obtained from qualified contractors that have been compiled based on well-developed design drawings/specifications at the time the work is to be performed.

1.8 QUALITY DEFINITIONS
The following definitions are used in this report regarding the physical condition(s) of the building components/systems:

Designation Description
Excellent New or like-new condition.

Good Well maintained; systems may exceed expected useful life.

Fair
Satisfactory, some signs of wear and possible minor immediate repairs needed. Component(s) condition consistent with expected useful life – may be near the end of statistical useful life.

Poor Immediate repairs, major replacements, and/or significant attention needed.

Expected Useful Life (EUL)
The average amount of time in years that an item, component, or system is estimated to function when installed new and assuming routine maintenance is practiced.

Remaining Useful Life (RUL)
A subjective estimate based upon observations, or average estimates of similar items, components, or systems, or a combination thereof, of the remaining years that an item, component, or system is estimated to be able to function in accordance with its intended purpose before warranting
replacement.

Effective Age (EA) A subjective estimate of the age of the components or systems based on evaluation of the level of past maintenance and repairs. 52 of 152
Property Condition Assessments, LLC 7 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

1.9 REPORT RELIANCE
This condition assessment report was prepared by Property Condition Assessments, LLC ("PCA") in accordance with the terms and conditions of the contract of engagement between City of Union City ("Client") and PCA, dated March 7, 2025, for the exclusive use of Client and its investors, assignees, designees, and successors ("Authorized Parties"). These Authorized Parties intend to rely upon this report as an assessment of the existing physical condition of the Subject Property for the purpose of deciding whether and under what conditions to proceed with a potential acquisition transaction concerning the Subject Property. The Authorized Parties may use and rely on this report provided that the Authorized Parties agree in writing to be bound by the same contractual terms and conditions imposed by the aforementioned contract of engagement. Therefore, PCA recommends that any Authorized Party intending to rely upon the report independently determines whether the "Scope of Services" meets its expectations for its intended transaction.

PCA's professional services were performed using the degree of care and skill ordinarily exercised under similar circumstances by reputable architectural and engineering due-diligence consultants practicing in the United States. No other warranty, expressed or implied, is made as to the professional opinions described in this report. PCA is not responsible or liable for any claims that are associated with the interpretation of the available information. Additionally, PCA is not responsible for any claims from third parties not associated with the Authorized Parties.

Note: PCA exercised usual and customary professional care in its efforts to assess property law/code/regulation compliance. However, due to the existence of literally thousands of laws, codes, and regulations pertaining to construction, PCA cannot provide a definitive opinion concerning property compliance with all laws/codes/regulations. 53 of 152
Property Condition Assessments, LLC 8 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
SECTION 2 – PROPERTY CONDITION ASSESSMENT
A
A. SITE
Site Description: The Subject Property is located in Union City, California, in the east bay of the San Francisco Bay Area. The site is situated approximately 2.5 miles east of the I-805 freeway.

The site is located on the southwest corner of the intersection of Mission Boulevard and F Street. Vehicular access to the site is via two driveways from Mission Boulevard and one from F Street.

The building is located at the center of the site in the east-west direction and extends from the north to the south property line. The building is made up of three distinct parts that appear to have been built at different times.

The oldest portion appears to have been built as a gas station, possibly in the 1920s, and is the smallest of the two inhabitable portions. A mechanic's garage is the largest portion and abuts the original building. The third portion is a small lean-to used for storage on the east side of the garage structure. All three portions are single-story structures of wood-framed construction, on grade.
54 of 152
Property Condition Assessments, LLC 9 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Site Area: Total land area is reportedly 0.33 acres, or approximately 14,410 square feet.

Surrounding Area: North: Undeveloped land
South: Industrial property; multifamily and single-family development East: Commercial and multifamily properties
West: Commercial and multifamily properties
Shape of Site: Rectangular

GRADING AND DRAINAGE
Condition
Description: General topography is flat. The site is typically graded to drain towards the public streets, except at the front of the building. At the front, the site slopes down from the public sidewalk towards the building. It appears that
area drains were installed approximately 4' in front of the building, from where the ground slopes up towards
the building. Area drains were covered with dirt and are most likely clogged.

Primary drainage of stormwater from the roof is
provided via through-wall scuppers and metal, surfacemounted downspouts that discharge at grade.

No evidence of significant flooding or ponding was
observed during the site visit. However, proactive
maintenance of the drainage systems is recommended
on an annual basis.

Fair
Adequacy: Except as noted above, grading and drainage systems appeared adequate.

Recommendation(s): No significant issues were identified.

PAVING
Condition
Description: Paving is limited to Portland-cement concrete at the covered drive-through at the former gas station. A small section of asphaltic concrete, approximately 100 square feet, is present at the easterly driveway on Mission
Poor
55 of 152
Property Condition Assessments, LLC 10 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
Boulevard. There is no other paving on the site. A
dirt/gravel drive leads from the driveway on F Street to the building. A parking area on the east side of the
building is dirt/gravel and is accessed directly from the driveway (no drive aisle).

Installation of a paved surface parking area and paths of travel is recommended. Once complete, asphalt-paved
areas should be maintained on a five-year cycle.

Adequacy: Limited paving appeared generally inadequate and requires upgrades and maintenance.

Recommendation(s): A.01 Asphalt Paving - Installation: Grade site, prepare base, and pave site with asphaltic concrete. Stripe for parking spaces and traffic control, including disabled-access parking spaces and accessible paths of travel from the street to the building entrance; as well as from parking spaces to the building entrance. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($45,000)
A.02 Asphalt Paving - Maintenance: Budget for crack seal and seal coat of asphalt paving in the parking areas and drive lanes on a five-year cycle. Cost includes limited replacement of asphalt in damaged areas, re-striping of parking spaces, pavement markings, and drive lanes. ($5,400)

PARKING AND LOADING
Condition
Description: Parking is provided in the unpaved portions of the site, on the east and west sides of the building. Spaces on the west side are accessed via a dirt/gravel drive from the driveway on F Street. Those on the east side are
accessed directly from the easterly driveway on Mission Boulevard.

Poor
No. of Parking
Spaces:

There is no permanent striping at designated parking
areas. Some spaces are marked on the dirt/gravel with
white spray paint. It appears there is parking for
approximately 10 vehicles.

Poor
Adequacy: Parking appeared in adequate. However, independent verification of municipal parking requirements is
56 of 152
Property Condition Assessments, LLC 11 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
outside the Scope of Services for this report and is
dependent upon the use/occupancy of the building.

Recommendation(s): No significant issues were identified.

LANDSCAPING
Condition
Description: Landscaping is provided at the west side of the site, in five raised planter beds designated for public gardening.

Trees and shrubs were planted along the public
sidewalk north of the public gardens, and native trees
are present around the public gardens. Native grass is
provided at the east side of the site, just south of the chain-link fence and dirt/gravel on the north side.

No automatic irrigation system is provided.

Fair
Adequacy: Landscaping appeared nominally adequate for the current use.

Recommendation(s): No significant issues were identified.

FENCING
Condition
Description: Chain-link fencing is located at the south boundary line on the east side of the site; however, this fencing may belong to the adjacent property. A chain-link fence with a gate extends from the building to the east site
boundary line, separating the east side into two portions.

Wood fencing is present along the north site boundary
line on the west side of the site; this fencing is the
property of the adjacent site.

Good
Adequacy: Fencing appeared adequate for its intended purposes.

Recommendation(s): No significant issues were identified. 57 of 152
Property Condition Assessments, LLC 12 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

SITE LIGHTING
Condition
Description: Exterior area lighting is provided by multiple wallmounted light fixtures of various types. A pole-mounted light fixture is located at the northeast corner of the site; the pole has been deformed by vehicular impact and the
light is not functional.

Exterior lighting was not viewed after nightfall.

However, the quantity and spacing of fixtures appeared
adequate as there is no nighttime use of the property.

Fair
Adequacy: Site lighting appeared adequate for its intended purposes.

Recommendation(s): No significant issues were identified.

SIGNAGE
Condition
Description: Site signage is limited to the Subject Property address painted on the front elevation and a sign mounted on the chain-link fence, east of the building.

Posted signage at the trash-bin container on the west
side of the site identifies dumping restrictions.

A small wood structure is located adjacent to the public gardens and is used to post information and schedules.

Fair
Adequacy: Signage appeared adequate for its intended purposes.

Recommendation(s): No significant issues were identified.

SITE AMENITIES
Condition
Description: Five raised planters are located on the west side of the site. These are used by the public.

Good
Adequacy: Planters appeared adequate for their intended purposes. 58 of 152
Property Condition Assessments, LLC 13 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Recommendation(s): No significant issues were identified.

UTILITY PROVIDERS
Utility Provider
Water City of Union City
Sanitary Sewer City of Union City
Storm Sewer City of Union City
Electric Pacific Gas & Electric Co. (PG&E)
Natural Gas PG&E
59 of 152
Property Condition Assessments, LLC 14 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
B. STRUCTURAL – SEISMIC SYSTEMS
The Subject Property consists of three single-story, wood-framed structures that were constructed at different times. Roofs are framed with solid wood or plywood sheathing and sawn lumber beams. Roofs are supported by wood stud walls. Foundations are presumed to be conventional shallow pad and continuous footings.

B Original construction drawings were not provided for review. Design criteria and construction details are presumed based on age and type of construction and are:

Building Code: Early version of municipal building code Building Authority: City of Union City
Seismic Zone: 4, according to the 1997 Uniform Building Code (UBC) (the last edition of the UBC to be published)
Roof Live Load: 20 pounds per square foot (psf)
Wind Speed: 90 mph, 3-second gust, Exposure B
Concrete Strength: F'c = 2,000 psi; foundation
Concrete
Reinforcing Steel:

Fu = 40,000 psi (ASTM A-615 Grade 40) or Fu = 60,000 psi (ASTM A615, Grade 60) Lumber: Douglas fir, larch; various grades
C
Condition
Foundations: Foundations are presumed to be shallow continuous footings at bearing/shear walls and shallow pad footings at posts. Footings at low-rise wood-framed structures
typically are founded a minimum of 18" below grade.

No soils-investigation report was provided for review.

According to maps published by the US Department of
Agriculture, the soils at the site are classified as Rincon clay loam. These alluvial soils are rated as having a
high susceptibility to shrink/swell in response to
changes in moisture.

No evidence of significant foundation distress or
settlement was observed in the areas accessed during
the site visit.

Good
Gravity-LoadCarrying Systems:

Roof framing consists of solid wood sheathing that
spans between sawn-lumber rafters. Rafters span
Fair
60 of 152
Property Condition Assessments, LLC 15 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
between wood stud bearing walls and sawn-lumber
beams that bear on wood posts.

Bearing walls are constructed of 2 x 4 wood studs
typically spaced at 16".

Gravity-load-carrying systems appeared to be
performing adequately, except at the lean-to.

Significant rot damage was noted in the roof framing at the lean-to. Unless repairs are made, there is the
possibility that the lean-to roof will collapse.

Lateral-LoadCarrying Systems:Lateral seismic forces will be generated at the building by horizontal earthquake ground accelerations acting on the mass of the structure. Lateral forces acting on the structure will be resisted by the roof sheathing acting as deep beams, referred to as diaphragms, that span
between wood stud shear walls. Nails driven through
the sheathing into the wall framing transfers the lateral forces to the walls. Wall sheathing (plaster and/or
gypsum wallboard) and/or diagonal bracing transfer the
lateral forces to the sill plates of the walls, from where they are transferred to he foundation by anchor bolts
embedded in the footings
It is probable that the original design did not account for seismic forces, as it was not required by code at the time of development. Low-rise wood-framed buildings have
faired well in past earthquakes, due to the low mass and redundancy of structural elements.

Fair
Nonstructural
Elements:

Nonstructural elements consist of building components
that are not intended to resist gravity or lateral loads.

Nonstructural elements include ceilings, furniture,
mechanical equipment and ductwork, electrical and
plumbing components, communication equipment,
curtainwalls, windows, and veneers. Historically, the
cost to repair nonstructural damage has exceeded that
for structural damage. Typically, nonstructural damage
does not pose a threat to life safety. However, in certain circumstances, nonstructural damage can produce
significant threats to life safety, including threats from falling objects, blocked emergency exits, and lifeline
failures. Most nonstructural damage can be prevented,
or at least minimized, by properly anchoring potentially hazardous elements to the structures.

The majority of nonstructural items appeared to be
nominally anchored to resist earthquake ground
shaking.

Good
61 of 152
Property Condition Assessments, LLC 16 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Recommendation(s): B.01 Lean-To - Demolition: Demolish the lean-to on the east side of the building. The lean-to has rot-damaged roof framing and
deteriorated wall framing. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($15,000)
Adequacy: Except as noted above, building structural systems appeared to be performing adequately.
62 of 152
Property Condition Assessments, LLC 17 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

SEISMIC-RISK ASSESSMENT
D
E
F
G
H
I
J
K
L
M
Scenario Loss Estimates
The seismic-hazard evaluation is a description of potential earthquake effects at the site and a statement of the likelihood of their occurrence. Possible effects include ground shaking, ground rupture, and soil liquefaction. Building or other improvements on the site do not influence the hazard.

Faults in proximity to the site are evaluated for their potential to produce earthquake ground shaking at the site. Earthquakes with a high probability of occurrence during the life of a building produce moderately strong ground shaking. Major earthquakes with a small probability of occurrence during the building life are capable of producing very strong ground shaking at the site.

Strong ground motion for this evaluation is defined as that ground motion having a probability of exceedance of 10% in a 50-year exposure period, which has an average-recurrence interval of 475 years. Stated differently, there is a 90%-confidence level that ground motion at the site will not exceed the 475-year level in any 50-year period. This level of ground motion has the same exceedance probability as the seismic-zone map published as part of the seismic-design requirements of many building codes. The 475-year earthquake is sometimes described as the maximum probable or design-level earthquake.

Ground motion may be described in terms of the Modified Mercalli Intensity (MMI). The MMI scale is useful for categorizing the performance of structures in past earthquakes as it is based on a qualitative description of human perceptions and the performance of different types of structures during historic earthquakes. The MMI scale is shown in the following table:
63 of 152
Property Condition Assessments, LLC 18 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

MODIFIED MERCALLI INTENSITY (MMI) SCALE

INTENSITY DESCRIPTION
I Not felt except by a very few under especially favorable circumstances.

II Felt only by a few persons at rest, especially on upper floors of buildings.

Delicately suspended objects may swing.

III Felt quite noticeably indoors, especially on upper floors of buildings, but many people do not recognize it as an earthquake. Standing autos may rock slightly.

Vibration like passing of a truck.

IV During the day felt indoors by many, outdoors by few. At night, some awakened.

Dishes, windows, doors disturbed; wallsmake cracking sound. Sensation like heavy truck striking building. Standing autos rock noticeably.

V Felt by nearly everyone; many awakened. Some dishes, windows, etc. broken; a few instances of cracked plaster; unstable objects overturned. Disturbance of trees, poles and other tall objects noticed. Pendulum clocks may stop.

VI Felt by all; many frightened and run outdoors. Some heavy furniture moved; a few instances of fallen plaster or damaged chimneys. Damage slight.

VII Everybody runs outdoors. Damage negligible in buildings of good design and construction; slight to moderate in well-built ordinary structures; considerable in poorly built or badly designed structures; some chimneys broken. Noticed by persons driving autos.

VIII Damage slight in specially designed structures; considerable in ordinary substantial buildings with partial collapse; great in poorly built structures. Panel walls thrown out of frame structures. Fall of chimneys, factory stacks, columns, monuments, walls. Heavy furniture overturned. Sand and mud ejected in small amounts. Changes in well water. Disturbs persons driving autos.

IX Damage considerable in specially designed structures; well-designed frame structures thrown out of plumb; great in substantial buildings, with partial collapse.

Buildings shifted off of foundations. Ground cracks conspicuously. Underground pipes broken.

X Some well-built wooden structures destroyed; most masonry and frame structures destroyed with foundations; ground badly cracked. Rails bent. Landslides considerable from riverbanks and steep slopes. Shifted sand and mud. Water sloshes over banks.

XI Few, if any, masonry structures remain standing. Bridges destroyed. Broad fissures in ground. Underground pipelines completely out of service. Earth slumps and land slips in soft ground. Rails bent greatly.

XII Damage total. Waves seen on ground surface. Lines of sight and level distorted.

Objects thrown up in air.
64 of 152
Property Condition Assessments, LLC 19 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Fault rupture at the ground surface can cause more-severe localized damage than the widespread damage caused by ground shaking. The location of active surface faults in proximity to the site is an important factor in the earthquake hazard evaluation. Effects of ground rupture due to faulting are considered when estimating the degree of earthquake damage at existing structures located within a fault or drag zone.

Soil effects that may be caused by an earthquake are seismically induced settlement, liquefaction (loss of soil strength in saturated soil deposits during strong ground shaking), and slope failure (landslides or local failures triggered by earthquakes). Loss of foundation support and excessive settlement of foundations may result from the soil-related earthquake hazards, resulting in an increase in the amount of seismic-related damage a building may incur.

SITE-SPECIFIC SEISMIC HAZARD
Earthquake Ground Motion
The site is located approximately 35 miles north of the epicenter of the October 17, 1989 Loma Prieta earthquake, which had a magnitude of M7.1. Ground shaking intensity in the area due to the Loma Prieta event was reported as MMI VII, with peak ground accelerations measured at less than 0.2g. The 1906 San Francisco earthquake, at a distance of 33 miles to the northwest, reportedly produced ground shaking intensity of MMI VIII in the vicinity of the project. Other earthquakes that have affected the site include two M7.0 events on the Hayward fault, one in 1836 and one in 1868, and the 1984 M6.2 Morgan Hill earthquake. These earthquakes produced less intense ground shaking than did the Loma Prieta earthquake.

The faults listed in the table below are capable of producing strong ground shaking at the site:

FAULT DISTANCE
RECENT

ACTIVITY

MAXIMUM

MAGNITUDE
Hayward 1-1/2 mile NE 1868 M7 7.0
Calaveras 6 miles NE 1984 M6.2 6.5
San Andreas 16 miles SW 1989 M7.1 8.3
Greenville 20 miles NE 1980 M5.4 6.5
Concord/Green Valley 29 miles N 1955 M5.4 6.5
The site is located within an area of high seismic hazard per the seismic hazard maps published in the California Building Code (CBC). The CBC specifies a basic seismic design factor based on a Maximum Expected Peak Ground Acceleration of 1.80g. The site is within 15 kilometers of the Hayward fault; therefore, the base seismic design forces specified by the code reflects an amplified value to account for near-fault effects.

Earthquake ground motions at the site for the maximum probable earthquake (MPE) with a 10 percent probability of being exceeded during a 50-year period (475-year event) have been estimated in order to determine the expected ground shaking intensity at the site. The values of Peak Ground Acceleration (PGA) have been estimated using the United States Geological Survey (USGS) National Earthquake Hazard Mapping Project data and the seismic safety element of the City of Fremont General Plan.

According to the above-listed data, the PGA at the site associated with the 475-year earthquake is estimated to be 0.72g, which corresponds to an Effective Peak Ground Acceleration of 65 of 152
Property Condition Assessments, LLC 20 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
approximately 0.52g and MMI IX - X. The above data indicates that code-level earthquake ground motions to be used in the design of new buildings is approximately the same as the future MPE ground motion expected at the site.

Fault Rupture Hazard
The site is not located within a California Earthquake Fault-Rupture Hazard Zone (EFRHZ).

The nearest EFRHZ is for the Hayward fault, located approximately 1-1/2 miles to the northeast of the site. Since no known fault is known to cross or approach the site, the potential for ground surface rupture due to recognized faulting is considered to be low. 66 of 152
Property Condition Assessments, LLC 21 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Soil and other Earthquake Hazards
According to maps published by the California Geologic Survey, the potential for soil liquefaction is low. Therefore, the potential for damage due to soil liquefaction is low.

Potential for earthquake-induced landslides or slope stability failure is low, due to the lack of slopes near the site.

The site is not located adjacent to a large body of water and is therefore not subjected to earthquake-related seiches or inundation. Therefore, potential for earthquake-related flooding at the site is low.

ESTIMATION OF SEISMIC RISK
The seismic-hazard evaluation and structural assessment are combined to estimate the risk of earthquake damage at the Subject Property. Seismic risk is characterized in terms of Scenario Expected Loss (SEL) and Scenario Upper Loos (SUL). The SEL and SUL are the estimates of the damage due to ground motions with a 10% probability of exceedance in a 50-year period and are expressed as a percentage of building-replacement cost. The following table is provided as an aid to interpreting the level of building damage represented by the estimated loss:
67 of 152
Property Condition Assessments, LLC 22 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016

SEL/SUL VALUE DAMAGE STATE DESCRIPTION OF EXPECTED
DAMAGE
0 to 1% Slight Limited localized minor damage not
requiring repair.
1 to 10% Light Significant localized damage of some
components, generally not requiring repair.
10 to 30% Moderate Significant localized damage of many components, warranting repair.
30 to 60% Heavy Extensive damage, requiring major repairs. 60 to 100% Major
Major widespread damage that may result in
the facility being condemned, demolished, or
repaired.

Condition
Description: The amount of damage to an individual building subjected to strong earthquake ground shaking will
depend on a number of variables, including the intensity and duration of ground shaking, building configuration, structural systems, construction materials, structural
details including connections, nonstructural
components, and quality of construction. Published
seismic-risk-evaluation methodologies for existing
buildings are used as guidelines for calculating seismicdamage estimates. The performance of any specific structure can, and generally will, deviate substantially from the average values given by empirical-loss
functions. Therefore, the estimated damage calculated
using average-loss functions might be increased or
decreased to account for specific site and building
characteristics.

The seismic-risk-analysis methodology utilized for this evaluation includes two phases: seismic-hazard
evaluation, and determination of the damage estimate
per published documents (ATC-13 and NCEER 95-
0003). Two confidence levels of damage estimate are
reported herein: the mean confidence level, and the
90th-percentile confidence level. The mean, or
expected, loss is defined as the Scenario Expected Loss (SEL), and the 90th percentile, or ultimate, loss estimate is defined as the Scenario Upper Loss (SUL). Scenario
Loss (SL) estimates are based on ground motions that
have a 10% probability of exceedance in a 50-year
period. The above definitions are consistent with those contained in the "Standard Guide for Seismic-Risk
Good
68 of 152
Property Condition Assessments, LLC 23 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
Assessment of Buildings" published by ASTM (ASTM
E2026).

Adequacy: Structural systems supporting gravity loads appeared adequate and no evidence of significant settlement
and/or structural distress was observed in the areas
accessed during the site visit. However, there are
apparent deficiencies in the lateral-force-resisting
system, as described above.

Scenario Loss Estimates
The seismic risk at the Subject Property has been estimated as follows.

SEL SUL
20% 28%
PCA's assessment of the potential seismic damage is for the as-built building. The SEL and SUL include consideration of the local conditions and seismicity (EPA and duration of strong shaking), damage expected in typical code-conforming buildings of this type, and specific identified areas of damage as outlined in this structural assessment.

The above-referenced damage estimates do not include possible secondary damage resulting from pipe failures, fire, or rescue and clean-up operations following an earthquake. The SEL and SUL do not include losses associated with loss of income or relocation of occupants. 69 of 152
Property Condition Assessments, LLC 24 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
C. BUILDING EXTERIOR
PCA conducted observations of the Subject Property for the purpose of evaluating the present state of the existing exterior-cladding system. This assessment consisted of exterior observations from:
• Vantage points at ground level and around the Subject Property; and, • Building roof levels.

This assessment of building exteriors does not include close-up assessment using staging or lift equipment, or invasive assessment of concealed areas beneath interior or external finishes.

Accordingly, this report is based upon visual observations in conjunction with historical performance information provided by the site contact, which was taken in good faith and, to the extent possible, was corroborated by PCA's visual observations.

Whenever possible, PCA checks to confirm code compliance with the exterior-wall systems.

This is not always possible due to the existence of interior finishes or lack of access to certain areas.

Condition
Exterior Walls: Exterior walls at the wood-framed structure are clad with painted stucco and plaster, with custom, painted
murals on all surfaces, which are visible from the
adjoining streets.

Fenestration is limited to punched windows and doors
and two truck door openings in the front elevation of the mechanic's garage.

No information was available concerning the most
recent date when the building was repainted.

Damaged stucco/plaster was noted at most elevations.

The murals near the ground level appear in good
condition; those above the ground level appear faded
and are peeling.

Building exteriors appeared in fair-good condition and
should be repainted on a seven-year cycle.

Fair
Glazing: No original construction drawings were available concerning details of glazing systems.

The entrance door is an aluminum-framed, storefrontstyle, glazed system with adjacent punched windows.

Windows are single-pane units in wood frames.

A sampling of window gaskets appeared stiff and in
poor condition. Gasketing should be inspected regularly and repaired as required as part of routine maintenance.

Evidence of water intrusion through the windows was
Fair
70 of 152
Property Condition Assessments, LLC 25 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
noted at the office/store in the old gas station. Rot and termite damage was noted in the window frames.

Exterior Doors: Exterior doors include the glazed storefront entry door at the former gas station and two painted metal tilt-up truck doors.

Exterior doorsshould remain serviceable throughout the
assessment term, with ongoing maintenance and
occasional repairs.

Good
Balconies: There are no balconies at the Subject Property. N/A Fire Escapes: There are no fire escapes at the Subject Property. N/A Adequacy: Exterior cladding systems are performing adequately, including exterior walls, sealants, and glazing.

Recommendation(s): C.01 Exterior Walls - Stucco Cladding, Repairs: Perform repair of damaged stucco on all exterior elevations. ($7,500)
C.02 Exterior Paint: Budget to retain an artist to re-paint areas of the mural at the building exterior that are faded and/or have stucco damage. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($20,000)
C.03 Window Replacements: Perform replacement of all windows.

Windows are single-pane units set in wood frames. Rot and termite damage were noted at several of the windows and evidence of leaks at the windows was observed at the interior. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($9,000)
71 of 152
Property Condition Assessments, LLC 26 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
D. ROOFING
Original construction drawings containing roof plans and associated detailing were not provided for review. No roof cores were taken in the roofing systems to verify roof construction or condition as part of this assessment. As such, the conditions and opinions described herein are based upon visual observation and site contact representations concerning the performance and leak history, which was taken in good faith.

Low-slope flat roofs at the Subject Property are protected by:
• Former gas station: Multi-ply, Built-Up Roofing (BUR) membrane, with a mineral surface cap sheet;
• Mechanic's garage: Hot-mopped asphalt emulsion with gravel; and • Lean-to structure: Composition shingles.

Condition
Access and Safety: Roof access was provided by a portable ladder. It is recommended that an OSHA compliant fixed ladder
with roof hatch or external fixed ladder be installed for safe roof access for service personnel.

Poor
Roof Assemblies: Roofs at all portions of the building are framed with wood, having either solid wood sheathing or plywood
sheathing. Membranes appear to be more than 25 years
of age and in poor condition. The Built-Up Roofing
(BUR) membrane at the former gas station and asphalt
emulsion roof at the mechanic's garage have exceeded
their Expected Useful Life (EUL) and require
replacement. The lean-to structure should be
demolished, as noted in Section B, "Structural-Seismic
Systems."
Annual roof inspections and minor repairs by a
qualified roofing contractor should be performed
throughout the assessment term following the roof
replacements.

Poor
Parapets/Coping: Short parapet walls are present on all sides, formed by the extension of the exterior walls. Roof membranes
extend up the parapet walls and terminate under sheetmetal flashing. Gaps in the coping were noted.

Poor
Base/Wall
Flashings:

Base wall flashings at the low roof consist of membrane flashings that extend up the inside face of the parapet wall.

Fair
Penetrations: Penetrations consist of soil stacks, conduits, and roof drains. Penetrations are flashed with metal flashing and elastic sealant. Membrane flashings appeared adequate.

Fair
72 of 152
Property Condition Assessments, LLC 27 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
Drainage Systems: Roof surfaces slope to roof drains and gutters that connect to external metal downspouts. Drains discharge
at grade. Secondary drainage is provided via overflow
drains or through-wall scuppers.

Good
Skylights: There are no skylights at the roofs. N/A
Equipment Screens/
Penthouse(s):

There are no equipment screens. N/A
Lightning
Protection:

No lightning-protection systems are provided at the
roofs, and none are required.

N/A
Leak History: Evidence of past roof leaks was noted during the site visit. Repairs appear to be performing well and the site contact did not report ongoing issues with roof leaks.

Fair
Warranties: Due to the age of the membranes, there are no warranties in place.

N/A
Expected Useful
Life (EUL):

EUL of the existing roof systems is 20-25 years. All the membranes appear to have exceeded the EUL, and
replacement is recommended.

Poor
Adequacy: Roofing systems are generally inadequate for their respective purposes, and require replacement.

Recommendation(s): D.01 Roof Access and Safety: Install an internal, wall-mounted ladder and new roof hatch; or a lockable exterior wall-mounted roof access ladder with safety cage to provide safe access for roof and mechanical equipment service personnel ($5,000)
D.02 Roof Replacement: Remove the Built-Up Roofing [BUR] membrane at the former garage station, as well as the asphalt emulsion roof at the mechanic's garage. Replacement should be with a new BUR membrane with a cool roof designation. Scope to include replacement of cap flashings and coping. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($26,000)
73 of 152
Property Condition Assessments, LLC 28 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
E. INTERIORS
PCA observed all interior spaces.

Building interiors comprise an entry lobby/store at the old gas station, storage areas, utility rooms, and a restroom in the mechanic's garage. Total area within the building was reported as 2,000 square feet.

Currently, there are minimal interior improvements including exposed concrete slab, painted gypsum-board and plaster walls, painted plaster ceiling at the former gas station, restroom, and storage areas, and no ceiling in the main area of the mechanic's garage.

Condition
Common Areas: All interior space is intended for tenant occupancy; therefore, no common-use areas are provided.

N/A
Tenant Areas: Finishes include the following materials:

Doors: Stained wood set within painted-wood
frames
Floors: Exposed concrete slab
Base: Painted wood or none
Walls: Painted gypsum board/plaster in store,
restroom, and silk-screen room
Ceilings: Painted plaster and gypsum wallboard at
store, restroom, and silk-screen room;
exposed structure at mechanic area and
storage rooms
Lighting: 2'x4' surface-mounted and recessed
fluorescent fixtures with prismatic lenses
Poor-Fair
Restrooms: A single multi-user restroom is provided in the mechanic's garage. A sampling of plumbing fixtures
operated as required.

Finishes in observed tenant restrooms include the
following materials:

Entry Doors: Stained wood-grained doors set within
painted wood frames
Floors: Exposed concrete slab
Base: Painted wood; Medium-Density
Fiberboard (MDF)
Walls: Painted gypsum board
Ceilings: Painted gypsum board
Good
74 of 152
Property Condition Assessments, LLC 29 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
Lighting: 1'x4' surface-mounted fixtures
Lavatories: Drop-in vitreous china sinks
Faucets: Single-lever, polished chrome
Toilets: Floor-mounted vitreous china with tank
and manual flush valve
Accessories: Stainless steel
Mold: Mold and/or fungi growth generally occurs on
cellulose-based material, such as wood or drywall paper that has been exposed to excess moisture. The presence
of mold and/or fungi growth is normally an indication
of a plumbing, roofing, or other leak, and/or a water
source that results in the abnormal presence of interior moisture. Significant fungal-spore growth inside walls, insulation, attic spaces, or other areas can exist and not be visible on the finished surfaces of interior spaces.

PCA did not perform: 1) a mold/fungi reconnaissance;
2) sampling of any building material for surface mold;
nor, 3) air sampling for mold spores.

The site contact stated that there have been no
complaints of mold or poor indoor-air quality at the
Subject Property. PCA did not observe mold or mildew
in the areas accessed during the site visit.

Good
Moisture:

Code Compliance: Specific compliance observations from the observed sampling of interior spaces are listed below:
• Building exits discharge directly to building
exteriors.

Refer to Section J, "Fire and Life-Safety Systems," for additional information.

Poor-Good
Adequacy: Building interiors generally appeared adequate for their intended purposes.

Recommendation(s): E.01 Rentable Area Verification: Consider engaging a qualified consultant to verify existing floor plans at tenant and common use areas. Verification shall utilize space measurement standards per BOMA/ANSI guidelines. Area takeoffs shall be based upon desktop review of as-built construction documents. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. Work is subject to the verified terms and conditions of the existing lease agreement. ($3,000) 75 of 152
Property Condition Assessments, LLC 30 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
F. LIMITED DISABLED-ACCESS ASSESSMENT
Americans with Disabilities Act (ADA)
The ADA was written into law in 1990 and became effective on January 26, 1992. The ADA is not a building code; it is a civil rights law and enforcement is under the jurisdiction of the U.S.

Department of Justice (DOJ). And, while local building departments may require ADA-related disabled-access upgrades as conditions for building permit approvals, the DOJ does not recognize a local building department's authority to modify the requirements of the legislation, such as by allowing "Grandfathering" of a non-compliant condition. ADA regulations are applicable retroactively to existing buildings and there are no Grandfather provisions within the ADA, except in cases where an owner made upgrades in compliance with the original 1992 ADA design standards, and such applicable standards were later revised by the 2010 edition of the ADA. In this case, the owner is not retroactively required to upgrade previously implemented modifications until such a time as future renovations are undertaken.

The ADA, however, does not prohibit a state or local building department from adopting disabled-accessibility standards that are more restrictive than the ADA standards. While ADA standards are generally more restrictive than the requirements of local codes, the morerestrictive portions of either standard must be implemented. All future renovation work will have to meet the requirements of the more-restrictive standard.

There are three main sections of the ADA that apply to real property, which are identified as follows:

Title I – Employment-Related Compliance Provisions
Title II – Public Entity Compliance Provisions (e.g., government buildings) Title III – Compliance Provisions related to "Places of Public Accommodation" Under Title I of the ADA, it is the responsibility of an employer to make a disabled employee's workplace accessible; PCA excludes assessment of Title I compliance from its reporting.

Typically, the owner-tenant lease agreements stipulate that the respective tenants are responsible for all interior design features within their suites, including compliance with all ADA requirements.

Title III of the ADA requires properties that are open to the general public to provide access to the disabled. Depending upon the use and occupancy of a property, the property may or may not be classified as a "Place of Public Accommodation." Properties where the public has unencumbered access to site and most/some building interiors are generally considered "Places of Public Accommodation", where those that are secured, and access is by invitation only are generally not. With specific regard to the Subject Property, areas within office/warehouse buildings that are accessible to the public are considered places of public accommodation and are required to be fully accessible throughout. These areas include public parking and paths of travel to the main building entrance, and the main entry lobby.

Applicable disabled-access regulations contain the following established set of priorities for barrier removal:

Priority 1 – Accessible Approach and Entrance
Priority 2 – Access to Goods and Services
Priority 3 – Access to Public Toilet Rooms
76 of 152
Property Condition Assessments, LLC 31 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Priority 4 – Access to Other Items Such as Water Fountains and Public Telephones Non-compliant building spaces or components should be modified, and barriers should be removed when they are "Readily Achievable." This is interpreted to mean that the work is accomplished without unreasonable difficulty or expense, representing an "Undue Hardship" to the property owner. Barriers should be removed within the facility to allow independent access and use by the disabled. "Readily Achievable" is subjective and dependent upon a number of factors, including the financial wherewithal of the property owner. Accordingly, PCArecommended modifications for the Subject Property should be reviewed with legal counsel to determine which should be considered "Readily Achievable." Any items that appear to represent an "Undue Hardship" should be discussed with an enforcement representative of the DOJ and/or local building authorities for potential waiver of the requirement.

Condition
Site Access: Primary arrival into the site is vehicular. Arrival is provided through driveways from Mission Boulevard
and F Street.

A public sidewalk extends along both adjoining streets.

There is no path-of-travel from the public sidewalks to the entrance. The entrance door is at grade level and
must be accessed via the dirt/gravel parking lot.

Poor
Parking: A disabled-access parking space is not provided, nor is there a path-of-travel from the parking area to the
entrance.

Poor
Common-Area
Interiors:

Since the building is designed for single tenant
occupancy, there are no common-use areas.

N/A
Tenant Interiors: Interior spaces generally are not in compliance with the ADA. Door opening widths are less than required. The
restroom has no ADA features.

Poor
Adequacy: Exterior and interior areas are not compliant with ADA design guidelines.

Recommendation(s): F.01 Compliant Sidewalk: Provide a sidewalk from the public way to the main building entrance. Ensure the existing door meets
requirements for opening width, threshold, and opening force. ($6,000)
F.02 Restroom Compliance: Upgrade the public restroom to meet ADA requirements. The restroom is currently not compliant with ADA design guidelines. Scope to also include addition of new compliant dual basin water fountain. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($25,000)
77 of 152
Property Condition Assessments, LLC 32 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
G. HVAC
No base-building air conditioning is provided in the building. Heating is provided by two natural-gas-fired furnaces that are suspended from the roof framing in the mechanic's garage.

Furnaces are controlled by analog thermostats.

This assessment of HVAC systems does not include observation of 100% of the base-building systems throughout the Subject Property. It also does not include testing or operation of the equipment, and management/maintenance staff were not made available to provide information concerning historical maintenance and repairs. Accordingly, this report is based upon visual observations only.

Heating: Heating is provided by two natural-gas-fired furnaces that are suspended from the roof framing. Furnaces
were manufactured by Reznor and are rated at 35,100
Btu/hr output. Based on the serial number, the units
were manufactured in 1982.

Fair
Ventilation: Interior ventilation is provided by operable man-doors, truck doors, and gravity vents at the mechanic's garage.

Restroom-exhaust air is provided by ceiling exhaust
fans ducted to the roof.

Good
Temperature
Control:

Wall-mounted, low-voltage analog thermostats provide
temperature control for the furnaces.

Fair
Adequacy: The heating system capacities appear adequate to serve the requirements of the Subject Property.

Recommendation(s): G.01 HVAC Replacements: Budget to replace ceiling mounted gas fired area heaters. Although the heaters appeared in good condition, the equipment has reached the end of its statistical service life during the assessment term. This cost is a preliminary budget only, which should be validated through additional investigation and contractor bid[s]. ($6,000)
78 of 152
Property Condition Assessments, LLC 33 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
H. PLUMBING
Condition
Domestic Water: Domestic water service is provided via a service main located at the entry of the site, adjacent to Mission
Boulevard.

Domestic cold-water distribution piping throughout the
building was observed to be a combination of
galvanized steel and copper. It appears that the original piping was galvanized steel, with copper used for
repairs.

Poor-Good
Heated Domestic
Water
Heated domestic water is not provided. N/A
Plumbing Fixtures: Lavatories comprise wall-mounted vitreous-china sinks with polished-chrome, single-lever faucets. Toilet
fixtures are floor-mounted, vitreous-china units.

Good
Natural Gas: Natural-gas service is provided at the Subject Property via a meter and pressure reducer located on the west side of the building. Distribution is by black steel piping.

Good
Sanitary Sewer: Sanitary-sewer systems serving the building flow to the municipal sanitary sewer, presumably in Mission
Boulevard. Sanitary-sewer piping material appears to be galvanized steel.

Poor
Stormwater: Stormwater systems at the roof include primary roof drainage via through-wall scuppers and wall-mounted,
metal downspouts that discharge at grade.

Fair
Irrigation: No automatic-irrigation system is not provided in landscaped areas.

N/A
Adequacy: Plumbing systems appeared adequate for their
respective purposes. However, the presence of
galvanized steel distribution and waste lines could lead to corrosion and poor flow.

Recommendation(s): H.01 Water Supply Piping - Replacement: Re-plumb the galvanized piping water supply with copper piping. This cost is a preliminary budget only, which should be validated by additional investigation and contractor bid[s]. ($15,000)
79 of 152
Property Condition Assessments, LLC 34 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
H.02 Water Heater Replacement: Budget to replace electric water heater.

Water heater appeared in fair condition but will reach the end of its statistical service life during the assessment term. This cost is a preliminary budget only, which should be validated through additional investigation and contractor bid[s]. ($2,600) 80 of 152
Property Condition Assessments, LLC 35 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
I. ELECTRICAL
Amperage Voltage Watts Date of Last Infrared Scan
Unknown 240 3 None
Condition
Power: Pacific Gas and Electric Company (PG&E) provides electrical power to the site via an underground
transformer. Building service extends above-ground to
a GE Smartmeter.

Distribution to equipment and receptacles is by copper
conductors. Typically, there are no power receptacles in proximity to lavatory sinks.

A single meter is present.

Main electrical switchboards and distribution panels
have a typical Expected Useful Life (EUL) of
approximately 45 to 50 years. Electrical switchgear
appeared to be maintained in fair condition and, with
certification, cleaning, and ongoing preventative
maintenance, are anticipated to remain serviceable
through the assessment term.

The following minor deficiencies were noted:
• There were no tags on switchboards or sub-panels
indicating the date of the most recent infrared
inspection. Infrared testing can detect loose
connections, overloaded circuits, and defective
circuit breakers, and are suggested on an annual
cycle as part of routine maintenance.
• There were no tags on switchboards or sub-panels
indicating whether Arc Flash testing has ever been
conducted. Arc-Flash testing should be conducted
every five years.

Fair-Good
Emergency Power: Emergency power is not provided at the Subject Property. No emergency generator is provided. No
battery-powered egress or exit lighting was observed.

N/A
Interior Lighting: Interior lighting is composed of 2'x4' surface-mounted and recessed fluorescent fixtures with prismatic lenses and 1'x4' surface-mounted fixtures. No supplemental
lighting source was observed.

All garage-area lighting is via fluorescent fixtures.

Good
81 of 152
Property Condition Assessments, LLC 36 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
Condition
These fixtures are suspended from the exposed
structure.

Security: No surveillance cameras are present at the Subject Property.

N/A
Adequacy: Except as noted above, electrical systems appeared adequate to serve the requirements of the Subject
Property.

Recommendation(s): I.01 Electrical Maintenance - Infrared Scans: Budget to retain a qualified electrical contractor to perform infrared scans of main electrical switchgear and primary subpanels on an annual cycle, as per current NFPA 70B regulations. Cost includes a limited allowance for minor maintenance and cleaning of the systems. ($5,500)
I.02 Electrical Maintenance - Ground-Fault Testing: Budget to retain a qualified electrical contractor to perform required five-year ground-fault testing of the main electrical switchgear. This cost is a preliminary budget only, which should be verified through additional investigation and contractor bid[s] ($7,500) 82 of 152
Property Condition Assessments, LLC 37 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
J. FIRE-AND LIFE-SAFETY SYSTEMS
Condition
General: Emergency fire service and property inspections are under the jurisdiction of the Alameda County Fire
Department. The closest fire station is Fire Station No. 33, located approximately 0.5 miles to the south of the Subject Property on 7th Street.

Good
Fire Sprinklers: The building is not protected by an automatic firesprinkler system. N/A Portable Fire
Extinguishers:

Portable ABC-type, dry-chemical, fire extinguishers are provided in wall-mounted locations throughout the
building. A sampling of observed extinguisher
inspection tags indicate that fire extinguishers were last inspected and certified by Fire Protection Specialists of Pleasanton, California in November of 2024.

Good
Fire Hydrants: Municipal fire hydrants are located along the public street.

Good
Fire Alarm: The building is not equipped with a fire alarm. N/A Fire-Rated
Penetrations:

There are no fire-rated assemblies. N/A
Adequacy: Fire- and life-safety systems appeared minimal but adequate use for present use.

Recommendation(s): No significant issues were identified. 83 of 152
Property Condition Assessments, LLC 38 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
K. VERTICAL TRANSPORTATION
There are no vertical transportation features at the Subject Property. 84 of 152
Property Condition Assessments, LLC 39 33623 Mission Boulevard Confidential Client Material 01-25-0052
Format Copyrighted by PCA 2016
L. PUBLIC RECORDS REVIEW
Refer to Zoning Analysis included in the appendices of this report. 85 of 152

APPENDIX A
86 of 152
33623 Mission Boulevard 01-25-0052
Union City, California 94587
87 of 152

APPENDIX B
88 of 152
Section 1
Subject Property

1. North elevation of Subject Property.

Section 2
Site

1. East side of site and driveway. 2. West side of site.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 1 of 14 ends

Confidential Client Information 05-14-2025
89 of 152
Section 2
Site

3. View along Mission Boulevard looking east. 4. Driveway off of F Street on west side of site.

5. West side of site. 6. Public planters on west side of site.

7. Public planters on west side of site. 8. Trellis structure in yard on west side of building.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 2 of 14 ends

Confidential Client Information 05-14-2025
90 of 152
Section 2
Site

9. Sign and trash container on west side of site. 10. Shipping containers on east side of site.

11. Drain inlet at front of building.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 3 of 14 ends

Confidential Client Information 05-14-2025
91 of 152
Section 3
Structural (/Seismic) Systems

1. Roof framing at garage area. 2. Wood stud wall and wood roof framing.

3. Wood truss at garage area. 4. Wood truss and wood post at garage area.

5. Wood stud wall and wood roof framing. 6. Wood beam and wood post.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 4 of 14 ends

Confidential Client Information 05-14-2025
92 of 152
Section 4
Building Exteriors

1. North elevation. 2. Drive-through lane looking west.

3. Drive-through lane looking east. 4. Ceiling of drive-through lane.

5. Planter at drive-through lane. 6. West elevation.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 5 of 14 ends

Confidential Client Information 05-14-2025
93 of 152
Section 4
Building Exteriors

7. Lean-to on east side of building. 8. South elevation.

9. East elevation. 10. Mural on garage door.

11. Typical window with security bars. 12. Damage to wood window frame.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 6 of 14 ends

Confidential Client Information 05-14-2025
94 of 152
Section 5
Roofing

1. View of garage roof. 2. Roof drain and overflow scupper.

3. Penetrations in garage roof. 4. Built-up roofing membrane at old gas station.

5. Damaged parapet coping at garage. 6. Damaged parapet coping at old gas station.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 7 of 14 ends

Confidential Client Information 05-14-2025
95 of 152
Section 5
Roofing

7. Patch in built-up membrane. 8. Roof of lean-to.

9. Downspouts discharge at grade.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 8 of 14 ends

Confidential Client Information 05-14-2025
96 of 152
Section 6
Interiors

1. Restroom. 2. Parts storage.

3. Silk screen room. 4. Signs of leaks at window.

5. Entry to office/sales room (old gas station). 6. Display case in sales room.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 9 of 14 ends

Confidential Client Information 05-14-2025
97 of 152
Section 6
Interiors

7. Bike storage room (old garage). 8. Workshop.

Section 7
HVAC

1. Furnace 1 of 2 suspended from roof framing. 2. Furnace 2 of 2 suspended from roof framing.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 10 of 14 ends

Confidential Client Information 05-14-2025
98 of 152
Section 7
HVAC

3. Thermostat for furnace. 4. Non-working thermostat for furnace.

5. Identification plaque on furnace.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 11 of 14 ends

Confidential Client Information 05-14-2025
99 of 152
Section 8
Plumbing

1. west side of building. 2. Galvanized pipe at hose bib.

Section 9
Electrical

1. Electrical meter and main service. 2. Breaker panel.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 12 of 14 ends

Confidential Client Information 05-14-2025
100 of 152
Section 9
Electrical

3. Breaker panel. 4. Copper home runs.

5. Copper distribution wires. 6. Wall-mounted security light fixture.

7. Wall-mounted security light fixture. 8. Fluorescent light fixture at interior.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 13 of 14 ends

Confidential Client Information 05-14-2025
101 of 152
Section 10
Fire and Life-Safety

1. Wall-mounted fire extinguisher. 2. Inspection tag on fire extinguisher.

Reference Photographs
Property Condition Assessment, LLC. 33623 Mission Boulevard

Page 14 of 14 ends

Confidential Client Information 05-14-2025
102 of 152

APPENDIX C
103 of 152
Zoning Analysis for
33623 Mission Blvd., Union City CA
33623 Mission Blvd., Union City CA
Table of contents
Site Information 1
Permitted Use Groups 2
Summary of Development Rights 2
104 of 152
1 Site Information
Satellite view Map view
Address Current zoning Lot size Existing Building Class 33623 Mission
Blvd, Union City
CA
CMU
Community district:

Corridor Mixed Use –
Commercial
The purpose of the
Corridor Mixed Use
Commercial (CMU)
district is to establish a
mixed use
residential/commercial
district of high-density
residential, commercial
and office uses by
intensifying the land use
and providing
opportunities for new
mixed use (residential
and commercial/office)
developments
14,410 sf One story retail
105 of 152
2 Tax lot | BL Intersecting map layers
Parcel Number
486-6-32
Block - 74
Lot - 32
Fault Zone - None
Flood Zone- None
FIRM Panel ID - None
Liquefaction Zone – No
Landslide Zone – No
Overlay District – None
Permitted Use Groups
Permitted use group(s) Permitted uses as-of-right
A.

Residential uses with a minimum density of
17 units per acre and a maximum density of
45 units per acre with activated ground floor
uses, including, but not limited to, residential
amenity space, leasing office, lobby, and
business center.

B.

Residential mixed-use developments with a
minimum density of 17 units per acre and a
maximum density of 45 units per acre with
ground floor commercial uses located along
the primary frontage.

C.

Commercial Uses on the Ground Floor as
Part of a Residential Mixed-Use
Development.

1. Banks/savings and loans, excluding check
cashing businesses.

2. Business services.

3. Office uses.

4. Civic facilities.

5. Food, such as restaurants and cafés, quick
service, full service, bakeries with retail sales,
retail and carry-out;

6. Food stores, up to 25,000 square feet,
excluding convenience markets.

7. General merchandise/retail stores, excluding
adult business stores, clearance center/dollar
stores, pawn shops, second hand/thrift
stores, and retail tobacco stores.

8. Health clubs.

9. Health services, such as medical, dental,
optical, physical therapy and pharmacies.

10. Live music (non-amplified) at full service/sit
down restaurants subject to the standards of
Section 18.36.195(A);

11. Personal services, such as laundry, dry
106 of 152
3 cleaning, beauty parlor, barbershop, nail
salon, body art, shoe repair, travel agency,
tailor, photography studio, and similar uses;
and

12. Any other use determined by the Director to
be essentially the same or very similar to the
above permitted uses. In making this
determination, the findings required under
Section 18.52.060 shall be addressed.

D.

Commercial and/or Office Uses Not Part of a
Residential Mixed-Use Development.

1. Any commercial use permitted in the CC
District.

Summary of Development Rights
Max. permitted Building Zoning Floor Area
Ratio
The minimum FAR shall be 0.5 and the
maximum shall be 1.5 for mixed use
developments. The minimum FAR shall be 0.3
and the maximum shall be 1.0 for non-residential
uses.

Maximum Building Height The maximum height of buildings shall be 55 feet, excluding non-habitable architectural
features, mechanical penthouses and elevator
towers; provided, that they do not exceed 25% of
the roof area of the building.

Max. permitted number
of stories
N/A
Required Setback On Mission Boulevard, the front yard setback shall be five feet from the property line and a
minimum of 15 feet from the face of curb to
ensure a comfortable pedestrian environment.

No side yards shall be required, subject to the
following exceptions:

A. On the side street side of a corner site, a side
yard of not less than 10 feet shall be required.
107 of 152
4 B. One foot shall be added at ground level to
each interior side yard for each three feet of
height by which the structure exceeds 12 feet.

Rear yards. A minimum rear yard setback of 10
feet shall be required
Lot Type and Lot Coverage Lot size.

Every lot shall have a minimum width of at least
200 feet and a minimum depth of 100 feet.

NON-CONFORMING
Lot coverage.

The amount of the site area covered by
structures shall not be restricted.

Minimum / Maximum Dwelling Units A minimum of 17 units per acre and a maximum of 45 units per acre is permitted. The minimum
site area per dwelling unit shall be 968 square
feet.

Minimum required accessory off-street
parking
Residential Use. Provide automobile and bicycle
parking at residential district standards for the
RM 1500 zoning district per Section 18.32.160,
except that 100% affordable rental developments
may provide off-street parking pursuant to the
standards contained in Section 18.32.160(B)(5).

Commercial Uses. Provide automobile and
bicycle parking at commercial district standards
per Section 18.36.150 (off-street parking in
commercial districts). For commercial uses on
the ground floor as part of a mixed use
development, shared parking shall be evaluated
on a case-by-case basis.
108 of 152
5 Summary
CMU District: CMU is a commercial district that is predominantly residential in character. It is the intent of the Master Plan to incentivize mixeduse development by way allowances in bulk requirements over non-mixed-use projects. It is recommended for the highest and best use of real estate; a mixed-use solution be pursued.

Maximum Floor
Area The maximum permitted mixed-use floor area is 21,615 sf. The existing single-story building is approximately 2,120 sf, which provides a development potential of an additional 19,000 +/- sf for rental income. Height limitations and codes would limit additional floors to a total of 4. It is recommended that further
investigation of bearing capacities of the existing structure and soils be undertaken by a qualified professional.

Suggested Use To take advantage of the zoning incentives and the existing lot and building configuration, it is recommended that two to three new residential floors be constructed atop the existing building which would remain a commercial use. It is also recommended that a market analysis and proforma based on current construction costs and local rents be undertaken by a qualified
professional.

Limitations There are several third-party approvals required precedent to project approval. Several bulk variances (lot size) and infrastructure (traffic) approvals would be prerequisite to commencing construction. It is recommended to engage
qualified professionals to develop a schematic design
package defining and soliciting approvals from all
governmental agencies having jurisdictional authority.
109 of 152
6 110 of 152

HAZARDOUS BUILDING MATERIALS SURVEY
Union City Youth Bike Shop
33629 Mission Boulevard
Union City, California
City of Union City
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
May 27, 2025 | Project No. 404370004
Geotechnical | Environmental | Construction Inspection & Testing | Forensic Engineering & Expert Witness Geophysics | Engineering Geology | Laboratory Testing | Industrial Hygiene | Occupational Safety | Air Quality | GIS 111 of 152
William P. Larkin
Principal Environmental Scientist
DOSH Certified Asbestos Consultant
(No. 99-2688)
CDPH Certified Lead Inspector/Assessor and Project
Monitor (Nos. 1284/1285)

HAZARDOUS BUILDING MATERIALS
SURVEY
Union City Youth Bike Shop
33629 Mission Boulevard
Union City, California
Mr. Jose Gutierrez
City of Union City Public Works Department
34009 Alvarado-Niles Road | Union City, California 94587 May 27, 2025 | Project No. 404370004
1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510-343-3000 | www.ninyoandmoore.com WPL
Distribution: (1) Addressee (via e-mail)
112 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 i

CONTENTS
1 INTRODUCTION 1

1.1 Involved Parties 1

1.2 User Reliance 1
2 OBJECTIVE AND SCOPE OF SERVICES 1
3 SITE DESCRIPTION 2
4 PHYSICAL LIMITATIONS 2
5 SAMPLE COLLECTION AND ANALYSES 2

5.1 Asbestos Survey 3

5.2 Lead-Containing Materials Survey 3

5.3 Miscellaneous Hazardous Building Materials Survey 4 6 FINDINGS 4

6.1 Asbestos-Containing Materials 4

6.2 Lead-Containing Materials 4

6.3 Miscellaneous Hazardous Building Materials 5
7 RECOMMENDATIONS 5
8 LIMITATIONS 6
TABLES
1 – Bulk Asbestos Sampling Results
2 – Lead-Containing Material Sampling Results
3 – Miscellaneous Hazardous Building Materials Survey Results

FIGURES
1 – Site Location
2 – Sample Locations
3 – Sample Locations, Roof
113 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 ii

APPENDICES
A – Certifications
B – Asbestos Laboratory Analytical Report and Chain-of-Custody Records C – Lead-Containing Material Laboratory Analytical Report and Chain-of-Custody Records
D – CDPH Form 8552 - Lead Hazard Evaluation Report
114 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 1 1 INTRODUCTION
Ninyo & Moore was retained by the City of Union City Public Works Department (UCPWD/Client) to conduct a hazardous building materials survey (HBMS) at the Union City Youth Bike Shop located at 33629 Mission Boulevard in Union City, California (Figure 1). Our services included the performance of suspect asbestos-containing materials (ACMs) and suspect lead-containing materials (LCMs) surveys and a review and quantification of miscellaneous hazardous building materials (potential mercury-containing thermostats/switches, PCB-containing items [transformers, light ballasts, etc.], fluorescent light tubes, exit signs, air conditioning units, and FreonTM-containing refrigeration systems) within the site building. For the purposes of this assessment, LCM refers to both lead-based paint (LBP), as defined by the California Department of Public Health (CDPH) and U.S. Department of Housing and Urban Development (HUD) and other potential LCMs (including ceramic tile).

The survey sampling activities were performed in accordance with established guidelines for the assessment of ACM and LCM and are based upon conditions at the site building at the time of the surveying/assessment activities. Our objective and scope of work for the sampling activities are presented below.

1.1 Involved Parties
The sampling activities were performed on May 1, 2025 by Mr. Nathan Eubanks of Ninyo & Moore.

Mr. Eubanks is a State of California Division of Occupational Safety and Health (DOSH) Certified Site Surveillance Technician (CSST, No. 25-7831) and a State of California Department of Public Health (CDPH)-certified Lead Sampling Technician (No. LRC-00010612). Mr. William Larkin participated and provided principal-level oversight and quality review. He is a DOSH-Certified Asbestos Consultant (CAC, No. 99-2688) and a CDPH-certified Lead Inspector/Assessor and Project Monitor (Nos. 1284/1285). Professional certifications are presented in Appendix A.

1.2 User Reliance
This report may be relied upon, and is intended exclusively for, use by the Client. Any use or reuse of the findings, conclusions, and/or recommendations of this report by parties other than the Client is undertaken at said parties’ sole risk.
2 OBJECTIVE AND SCOPE OF SERVICES
The purpose of this study is to provide information regarding current conditions within the site building related to the proposed renovation of the building. Ninyo & Moore personnel performed the following services:
115 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 2 • Visual reconnaissance of the site building to document homogeneous areas of hazardous building materials and locate suspect ACM and LCMs.
• Collection of 24 bulk samples of suspect ACMs and submittal of these samples to a certified, independent laboratory for analysis of asbestos content via polarized light microscopy (PLM/EPA 600/R-93/116 Method).
• Collection of 13 suspect LCM samples and submittal of these samples to a certified, independent laboratory for analysis of lead content (EPA Method SW-846 3050B/7000B). • Visual assessment and quantification of potential mercury-containing thermostats/switches, PCB-containing items, fluorescent light tubes, exit signs, smoke detectors, air conditioning units, and FreonTM-containing refrigeration systems. • Preparation of this limited HBMS report, which presents our data and summarizes the assessed building materials. The report includes a site description, laboratory testing information, findings, conclusions, and recommendations, sample/site location maps, tables summarizing the building materials assessed, and the estimated quantities of identified materials.
3 SITE DESCRIPTION
The Union City Youth City Bike Shop building encompasses approximately 2,000 square feet (SF), is of wood/concrete construction with exterior concrete walls with rolled-on roofing materials.

Workshop areas, a lobby, a bathroom, a garage and storage areas are located within the site building. Finishes for the lobby, workshops, bathroom, and storages include gypsum wallboard/concrete walls, concrete flooring, and wood ceilings. 4 PHYSICAL LIMITATIONS
No physical limitations were encountered within the site building during our sampling procedures.

Underground utilities, such as suspect cementitious water lines or suspect insulated/coated gas or electrical lines were not assessed during these survey activities. If additional suspect materials and/or surfaces are encountered during site building demolition/renovation activities that have not been assessed, they should be assumed to be asbestos, lead and/or PCB-containing and handled accordingly, or should be sampled and analyzed to assess whether they are asbestos, lead and/or PCB-containing.
5 SAMPLE COLLECTION AND ANALYSES
On May 1, 2025, the site building was assessed for the presence of ACMs, LCMs and miscellaneous hazardous building materials. The ACM and LCM surveys followed United States Environmental Protection Agency (EPA) guidelines, or industry standards, within the limitations of the scope of this assessment. Survey activities are discussed below. 116 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 3

5.1 Asbestos Survey
A preliminary visual assessment and bulk sampling survey of suspect ACMs were performed by Ninyo & Moore personnel. Representative samples of suspect ACMs were collected after identification of homogeneous sampling areas (areas in which the materials are consistent in color, texture, construction or application date, and general appearance). Each homogeneous area was observed for material type, location, condition, and friability. Representative samples were collected from each area (except from areas that were inaccessible). Samples were collected using EPA-recommended sampling procedures.

A total of 24 bulk suspect asbestos samples were collected and analyzed. Building materials that were sampled and analyzed for the presence of asbestos are presented in Table 1.

After collection, the suspect ACM samples were transferred to EMSL Analytical, Inc., (EMSL) of San Leandro, California for analysis. EMSL is a laboratory accredited in the National Voluntary Laboratory Accreditation Program (NVLAP) for bulk asbestos fiber analysis. The samples were analyzed for the presence and quantification of asbestos fibers, using polarized light microscopy with dispersion staining (PLM/ds), in general accordance with EPA Method 600/R-93/116. The lower limit of reliable detection for asbestos using the PLM method is approximately 1 percent by volume. Currently, the EPA and the State of California stipulate that materials containing more than 1% asbestos constitute an ACM and the State of California stipulates that a material containing greater than 0.1% asbestos constitutes an asbestos-containing construction material (ACCM). Building materials that were sampled and analyzed for the presence of asbestos are presented in the attached Table 1, and the locations from which bulk asbestos samples were collected are shown on Figures 2 and 3. Materials in which no asbestos was detected are defined in Table 1 as “ND” (for “None Detected”) in the “Asbestos Content” column. Copies of the laboratory analytical reports and chain-of-custody records for suspect ACMs are presented in Appendix B. ACMs reported in the Ninyo & Moore survey are listed in Section 6.1 below.

5.2 Lead-Containing Materials Survey
After collection, the suspect LCM samples were also transferred to EMSL for analysis of total lead content by Flame Atomic Absorption Spectroscopy (Flame AAS/SW 846 3050B/7000B). EMSL is an American Industrial Hygiene Association-accredited Environmental Lead Laboratory (AIHA ELLA). Currently, the EPA stipulates what concentrations of lead in non-volatile components of surface coatings or materials indicate whether a material is considered to be lead-containing. The EPA stipulates that paint containing an amount equal to (or in excess of) 1 milligram per square centimeter (1.0 mg/cm2
), or more than half of one percent (0.5%) by weight (or 5,000 milligrams per kilogram [mg/kg]), constitute a lead-based paint (LBP). Coatings with any detectable amount of reported lead would be considered lead-containing paint (LCP). 117 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 4 The analytical results associated with paint chip samples collected from the site building are summarized in Table 2 and copies of the laboratory analytical report and chain-of-custody record are presented in Appendix C. Sample locations are shown on Figures 2 and 3.

5.3 Miscellaneous Hazardous Building Materials Survey
A visual assessment of potential mercury-containing thermostats/switches, PCB-containing items (transformers, light ballasts, etc.), fluorescent light tubes, exit signs, smoke detectors, air conditioning units, and FreonTM-containing refrigeration systems was performed at the site building. Materials observed within the site building are listed in Table 3. 6 FINDINGS
A limited HBMS was performed at the site building to evaluate if potential hazards associated with the building materials, paint or other suspect LCMs and/or miscellaneous hazardous building materials may exist.

6.1 Asbestos-Containing Materials
Based upon the analytical results associated with these sampling activities, the following ACMs were identified:
• Approximately 20 linear feet of gray roof penetration mastic (samples ASB-21 and ASB22) collected from north and east roof penetrations were both reported to contain 3% chrysotile asbestos.

6.2 Lead-Containing Materials
Thirteen paint chip samples were collected for analysis of lead content. Five of the paint chip samples were reported with lead concentrations at >0.5% by weight (or >5,000 mg/kg). Blue paint located on an east wall of the northwest work shop area (sample PB-01) was reported with a lead concentration of 2.6% by weight (or 26,000 mg/kg). Cream paint on the ceiling of the northwest workshop area (sample PB-05) was reported with a lead concentration of 5.3% by weight (or 53,000 mg/kg). Green paint as observed as part of on an exterior wall mural (sample PB-11) was reported with a lead concentration of 5.8% by weight (or 58,000 mg.kg). Blue paint observed as part of an exterior wall mural (sample PB-12) was reported with a lead concentration of 4.4% by weight (or 44,000 mg.kg). White paint observed as part of an exterior wall mural (sample PB-13) was reported with a lead concentration of 4.3% by weight (or 43,000 mg.kg). These paint samples are considered LBP.

Six of the 13 paint samples were reported with lead concentrations at less than their associated lead detection limits. The other two paint samples (PB-02 and PB-03) were reported with lead 118 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 5 concentrations of 0.0092% by weight (or 92 mg/kg) and 0.034% by weight (or 340 mg/kg), respectively. These paint samples are considered LCP.

Occupational Health and Safety Administration (OSHA) regulations apply whenever materials with any detectable amounts of lead are disturbed. A copy of the CDPH form 8552 “Lead Hazard Evaluation Report” for the project area is included in Appendix D.

6.3 Miscellaneous Hazardous Building Materials
Miscellaneous hazardous building materials observed within the site building included fluorescent lights and associated ballasts and an air conditioning/heating unit. 7 RECOMMENDATIONS
Since ACMs, LCMs and miscellaneous hazardous building materials have been reported within the site building the following recommendations and precautions are provided:
• The identified ACMs within the site building should not be disturbed. Any ACMs in damaged condition should be promptly repaired or abated. Prior to renovation or demolition work that would disturb the ACMs, a licensed asbestos abatement removal contractor should remove the ACMs in compliance with the most recent applicable federal, state, and local laws, regulations, standards, and/or codes governing abatement, transport, and disposal of ACMs. The removal work scope and requirements should be included in a work plan/specification developed by a California Certified Asbestos Consultant (CAC). It is also recommended that all abatement activities should be conducted under the observation of a CAC. While Ninyo & Moore provided an estimate of the quantity of ACMs within the site building (Table 1), it is the abatement contractor’s responsibility to assess the actual ACM quantities present. • The identified LCMs reported within the site building should not be disturbed. Any LCMs found in a damaged or non-intact condition should be abated and/or stabilized. Prior to renovation or demolition work that would disturb the identified LCMs a licensed lead abatement removal contractor should stabilize and/or remove the identified LCMs in compliance with the most recent applicable federal, state, and local laws, regulations, standards, and/or codes governing abatement, transport, and disposal of LCMs. All lead waste must be properly characterized prior to disposal to determine waste classification, packaging, transportation, and disposal requirements. While Ninyo & Moore provided an estimate of the quantity of LCMs present within the site building (Table 2), it is the abatement contractor’s responsibility to assess the actual LCM quantities present.
119 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 6 • Prior to demolition or renovation activities, potential mercury-containing thermostats/switches, PCB-containing items (light ballasts, transformers, etc.), fluorescent light tubes, exit signs, air conditioning units, and FreonTM-containing refrigeration systems should be removed and properly recycled or disposed of by a licensed contractor according to applicable federal, state, and local laws/regulations. Light fixtures should be visually inspected, prior to disposal, to determine if they contain PCBs (checked for “No PCBs” or “PCB free” stickers). While Ninyo & Moore provided an estimate of the quantity of miscellaneous hazardous building materials present within the site structure (Table 3), it is the abatement contractor’s responsibility to confirm the quantities of items present.
• There is a possibility that additional suspect ACMs, LCMs or other miscellaneous hazardous building materials may be discovered during building renovation and/or demolition activities. Therefore, Ninyo & Moore recommends that, should additional suspect materials not sampled or assessed in this report be uncovered during demolition/renovation activities, (a) samples of suspect materials should be collected for laboratory analysis and activities that may impact the materials should cease until laboratory analytical results are reviewed or (b) the materials should be assumed to be hazardous and handled as such.
8 LIMITATIONS
Ninyo & Moore's opinions and recommendations regarding environmental conditions, as presented in this report, are based on limited sampling and chemical analysis. Further assessment of potential adverse environmental impacts may be accomplished by conducting a more comprehensive assessment. The samples collected and used for testing, and the observations made, are believed to be representative of the areas evaluated. However, if additional suspect hazardous building materials are encountered during renovation/demolition activities, these materials should be sampled by qualified personnel, and analyzed for content prior to further disturbance. In addition, please note that quantities of identified hazardous building materials are approximate. It is the contractor’s responsibility to assess the actual quantities of hazardous building materials present.

The environmental services described in this report have been conducted in general accordance with current regulatory guidelines and the standard of care exercised by environmental consultants performing similar work in the project area. No warranty, expressed or implied, is made regarding the professional opinions presented in this report. Variations in site conditions 120 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 7 may exist and conditions not observed or described in this report may be encountered during subsequent activities.

This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. Ninyo & Moore should be contacted if the reader requires any additional information, or has questions regarding content, interpretations presented, or completeness of this document.

The environmental interpretations and opinions contained in this report are based on the results of laboratory tests and analyses intended to detect the presence and concentration of specific chemical or physical constituents in samples collected from the subject site. The testing and analyses have been conducted by an independent laboratory that is certified by the State of California to conduct such tests. Ninyo & Moore has no involvement in, or control over, such testing and analysis. Ninyo & Moore, therefore, disclaims responsibility for any inaccuracy in such laboratory results.

Our findings, opinions, and recommendations are based on an analysis of the observed site conditions. It should be understood that the conditions of a site can change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the applicable laws, regulations, codes, and standards of practice may occur due to government action or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control. 121 of 152
Sample I.D. Date Material Location Sample Description Friable Y/N Quantity Condition Asbestos Content
ASB-01 5/10/2025 South Workshop/NE Corner Wallboard/Joint Compound (WB/JC) NA NA NA Wallboard - ND Joint Compound - ND
ASB-02 5/10/2025 NE Workshop/SE Corner WB/JC NA NA NA
Wallboard - ND
Joint Compound - ND
Plaster - ND
ASB-03 5/10/2025 West Workshop/West Corner WB/JC NA NA NA Wallboard - ND Joint Compound - ND
ASB-04 5/10/2025 East Workshop/South Wall Black Vapor Barrier/Mastic NA NA NA ND ASB-05 5/10/2025 West Workshop/West Wall Black Vapor Barrier/Mastic NA NA NA ND ASB-06 5/10/2025 East Exit Window White Window Caulk NA NA NA ND ASB-07 5/10/2025 West Exterior Window White Window Caulk NA NA NA ND ASB-08 5/10/2025 South Parapet Rolled-on Roofing NA NA NA ND ASB-09 5/10/2025 East Parapet Rolled-on Roofing NA NA NA ND ASB-10 5/10/2025 East Roof/North Area Rolled-on Roofing NA NA NA ND ASB-11 5/10/2025 East Roof/South Area Rolled-on Roofing NA NA NA ND ASB-12 5/10/2025 South Garage Floor Concrete NA NA NA ND ASB-13 5/10/2025 North Garage Floor Concrete NA NA NA ND ASB-14 5/10/2025 East Shed Roof (South) Rolled-on Roofing (Shingles and Vapor Barrier) NA NA NA ND ASB-15 5/10/2025 East Shed Roof (North) Rolled-on Roofing (Shingles and Vapor Barrier) NA NA NA ND ASB-16 5/10/2025 South Workshop Ceiling Wall Texture NA NA NA ND ASB-17 5/10/2025 South Workshop/New Wall Wall Texture NA NA NA ND ASB-18 5/10/2025 West Workshop/West Wall Wall Texture NA NA NA ND ASB-19 5/10/2025 North Lobby Ceiling Wall Texture NA NA NA ND ASB-20 5/10/2025 West Workshop/East Wall Wall Texture NA NA NA ND ASB-21 5/10/2025 North Main Roof Penetration Gray Penetration Mastic N 20 LF Good 3% CH ASB-22 5/10/2025 East Roof/South Penetration Gray Penetration Mastic N Same as ASB21 Good 3% CH ASB-23 5/10/2025 Main Roof/North Tar/Gravel Roof Assembly NA NA NA ND ASB-24 5/10/2025 Main Roof/South Tar/Gravel Roof Assembly NA NA NA ND Bold concentrations indicate asbestos-containing materials (>1% asbestos) Table 1 - Bulk Asbestos Sampling Results
ND = None detected
CH = Chrysotile
NOTES:

Analysis by Polarized Light Microscopy (PLM/EPA 600/R-93/116 Method).

NA = Not Applicable
Union City Youth Bike Shop | 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 1 122 of 152
Weight
Percent
Parts per
Million
(or mg/kg)
PB-01 Bike Shop NW Workshop/East Wall Wood Blue/2/Wood 250 SF Intact 2.6 26,000 PB-02 Bike Shop East Garage Door Wood Black/2/Wood 60 SF Intact 0.0092 92* PB-03 Bike Shop Lobby Window Frame Wood Gray/2/Wood 20 SF Intact 0.034 340* PB-04 Bike Shop Lobby/SW Wall Wood Cream/2/Wood NA Intact <0.0064 <64 PB-05 Bike Shop NW Workshop Ceiling Wood Cream/2/Wood 250 SF Intact 5.3 53,000 PB-06 Bike Shop Central Garage/NW Wall Wood Blue/2/Wood NA Intact <0.0064 <64 PB-07 Bike Shop West Room/South Wall Wood White/2/Wood NA Intact <0.0064 <64 PB-08 Bike Shop SW Garage Door Frame Wood Red/2/Wood NA Intact <0.0064 <64 PB-09 Bike Shop West Room Door Wood Cream/2/Wood NA Intact <0.0064 <64 PB-10 Bike Shop East Exterior Wall Wood Cream/2/Wood NA Intact <0.0064 <64 PB-11 Bike Shop Exterior/Upper Mural Stucco Green/3/Stucco 300 SF Intact 5.8 58,000 PB-12 Bike Shop Exterior/West Mural Stucco Blue/3/Stucco 300 SF Intact 4.4 44,000 PB-13 Bike Shop Exterior/Lower Mural Stucco White/2/Stucco 300 SF Intact 4.3 43,000 NOTES:

Sample Location Substrate/Surface
Total Lead
Building
Table 2 - Lead-Containing Material Sampling Results
Sample
I.D.

Estimated Surface
Area (Square Feet
[SF] or Linear Feet
[LF])
Condition
Sample Description
(Color / # of Layers /
Substrate)
Total lead analyzed in paint chips by Flame Atomic Absorption Spectroscopy/Flame AAS (EPA Test Method EPA SW-846 3050B/7000B). mg/kg = Milligrams per kilogram
SF = Square feet
Bold concentrations indicate lead-based paint (> 5,000 mg/kg) * = lead-containing paint (<5,000 mg/kg)
Union City Youth Bike Shop | 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 1 123 of 152
Building/Room Transformers Light Ballasts Mercury
Thermostats
A/C-Heating
Units
Fluorescent Light
Tubes Exit Signs Fire Doors
Freon Systems/
Refrigerators
Bike Shop 0 10 0 1 20 0 0 0
NOTES:

Table 3 - Miscellaneous Hazardous Building Materials Survey Results A/C = Air Conditioning
Union City Youth Bike Shop | 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 124 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025 Appendix A
Photographic Documentation

FIGURES
125 of 152
"
o
! 0 1,500 3,000
FEET
£¤101
£¤101
§¨¦280
§¨¦580
§¨¦780
§¨¦238
§¨¦980
§¨¦580 §¨¦680
§¨¦580
UV4
UV24
UV160
UV4
UV92
§¨¦205
§¨¦880
§¨¦5
UV152
UV85
UV280

MAP INDEX
Alameda
County
1_404370004_SL.mxd 5/21/2025 AOB
NOTE: DIRECTIONS, DIMENSIONS AND LOCATIONS ARE APPROXIMATE. | SOURCE: ESRI WORLD TOPO, 2025

SITE LOCATION
FIGURE 1
404370004 | 5/25

UNION CITY YOUTH BIKE SHOP
33629 MISSION BOULEVARD

UNION CITY, CALIFORNIA
SITE
126 of 152
Geotechnical & Environmental Sciences Consultants

SAMPLE LOCATIONS
0 FEET 20 40

UNION CITY YOUTH BIKE SHOP
33629 MISSION BOULEVARD

UNION CITY, CALIFORNIA
404370004 I 5/25
N
FIGURE 2 404370004 SPL.DWG 5/21/25 AOB
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE.

GARAGE DOOR
LEGEND
ASB-20 SUSPECT ASBESTOS SAMPLE
PB-13 POLYCHLORINATED BIPHENYLS SAMPLE
ASB-03
PB-01
ASB-18
ASB-20
ASB-17 ASB-01
PB-09
PB-07
ASB-12
ASB-06
PB-10 ASB-05
ASB-19
PB-04
PB-13
PB-03
PB-02
PB-12
PB-08 ASB-04
ASB-13
ASB-02
PB-05
PB-06
ASB-07
ASB-16
127 of 152
Geotechnical & Environmental Sciences Consultants

SAMPLE LOCATIONS, ROOF
0 FEET 20 40

UNION CITY YOUTH BIKE SHOP
33629 MISSION BOULEVARD

UNION CITY, CALIFORNIA
404370004 I 5/25
N
FIGURE 3 404370004 SPL.DWG 5/21/25 AOB
REFERENCE: GOOGLE EARTH, 2025.

LEGEND
ASB-24 SUSPECT ASBESTOS ROOF SAMPLE
ASB-21
ASB-23
ASB-24
ASB-08
ASB-14 ASB-15
ASB-11
ASB-09
ASB-22
ASB-10 MISSION BOULEVARD
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. 128 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025

APPENDIX A
Certifications
129 of 152
130 of 152
131 of 152
State of California
Division of Occupational Safety and Health
Certified Site Surveillance Technician
Nathan J Eubanks
TH
UREKA
CertificationNo 25-7831
Expires on 01/17/2026
Name
This certification'was issuedby the Division of
OccupationalSafety and Heathas authorized
bySections7 180et seqofthéBusinessand
ProfessionsCode

ALIFOBRNIA
132 of 152

MAINTENANCE OF CERTIFICATION
The possessor of this certification shall maintain the certificate by:

1. complying with all applicable laws pertaining to asbestos-related work;

2. keeping all required AHERA certificates in a current and valid state;

3. showing this certification card upon request during the course of asbestosrelated work;

4. informing the Division within 15 days of any change in home or mailing

5. performing asbestos consulting work only under the supervision ofa address; and
certified asbestos consultant.

A certification which has not been maintained as described above may not be renewed by the Division of Occupational Safety and Health. (Rev. 10-24)
133 of 152
134 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025

3. Description

3. Description

3. Description

APPENDIX B
Asbestos Laboratory Analytical Report and Chain-of-Custody Records
135 of 152
136 of 152
137 of 152
138 of 152
139 of 152
140 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025

APPENDIX C
Lead-Containing Material Laboratory Analytical Report
and Chain-of-Custody Records
141 of 152
142 of 152
143 of 152
144 of 152
145 of 152
146 of 152
147 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025

APPENDIX D
CDPH Form 8552 – Lead Hazard Evaluation Report
148 of 152
149 of 152
Ninyo & Moore | Union City Youth Bike Shop, 33629 Mission Boulevard, Union City, California | 404370004 | May 27, 2025

APPENDIX D

APPENDIX D
1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510.343.3000 SAN DIEGO | IRVINE | LOS ANGELES | FONTANA | OAKLAND | SAN FRANCISCO | SACRAMENTO SAN JOSE | PHOENIX | TUCSON | PRESCOTT | LAS VEGAS | DENVER | BROOMFIELD | HOUSTON www.ninyoandmoore.com

APPENDIX D
CDPH Form 8552 – Lead Hazard Evaluation Report
m 8552 – Lead Hazard Evaluation Report
150 of 152
Teen Bike Workshop (Larry Orozco Teen Workshop)
Updated 11/20/25
For 25/26 For 26/27 For 27/28 Total
CIP Funding Approved $0 $0 $200,000 $200,000
Rough Order Magnitude (ROM)
Work Description Vendor
Purchase order
No.

Paid to Date Pending
Payments
Estimated Cost to
Complete
Total Cost
by item Notes
Construction
Abatement - Lead LCMs $20,000 $20,000 9/9/25: Eisen proposal + contingency.

Abatement - Asbestos ACMs $0 $0 9/9/25: Included in Eisen proposal.

Exterior Stucco Repair, after
abatement $10,000 $10,000
Exterior Paint, after abatement $20,000 $20,000
Allowane for solid color on the outside. In case it can be done by community or FAC. Cost for proffesional muralized is
ownknown.

Interior Paint $5,000 $5,000 Recommend painting wood ceiling in the garage.

Replace Roof Mastic $3,000 $3,000 Allowance.

ADA - Compliant Asphalt Paving +
Parking Space $50,000 $50,000
Grade site, prepare base, and pave site with asphaltic concrete.

Stripe for parking spaces and traffic control, including disabledaccess parking spaces; walkway from parking spaces to the building entrance. This cost is a
preliminary budget only, which should be validated by
additional
investigation and contractor bid[s].

ADA - Compliant (Walkway)
"Sidewalk" $12,000 $12,000
To Provide a complient walkway from the public way to the main building entrance. Ensure the existing main door meets
requirements for opening, width, threshold, and opening force.

ADA - Doors $7,000 $7,000
Adjust interior doors and frames. Replace if needed to meet width requirements.

ADA - Compliant Restroom $65,000 $65,000
Assuming we only need on restroom, occupancy will not
change. 11/20: ROM updated.

Demolish Lean To (Storage Unit) $30,000 $30,000
Replace All Windows $30,000 $30,000 (6) Windows - Old building, including additional work at frames.

Roof Access - Install Internal ladder $10,000 $10,000
Roof Replacement $75,000 $75,000 Based on Historical Museum Cost HVAC Replacement $9,000 $9,000 Replace gas area heaters.

Water Supply Piping $22,500 $22,500 Re-plumb galvanized piping. 151 of 152
Water Heater Replacement $5,000 $5,000
Electrical Testing - Allowance $15,000 $15,000
Test Main Switchgear, Ground-Fault Testing. Some minor
miniatous cost included. Replacement or upgrading of electrical switchgear not included
Construction OH&P $38,850 $38,850 Overhead and Profit
FF&E Furniture, Fixtures, and Equipment
ITS Infrastructure/Equipment $40,000 $40,000
6/4: Per UC IT, equipment alone could be $25K. Add extra to labor. 6/5: Added $5K for WAPs.

Security - Allowance $20,000 $20,000 6/5: Added line item. Cams Soft Cost
Property Condition Assessment (PCA LLC) NA $9,131 $0 $0 $9,131 7/15: Paid.

Haz Mat Survey
Ninyo &
Moore N/A $3,600 $1,350 $0 $4,950 10/7/25: Updated panding payments.

Haz Mat Monitoring $3,000 $3,000 In case needed.

Haz Mat Floor Sampling & Testing $3,000 $3,000 Scope TBD. Allowance added.

Telecom/Data Services - Allowance $15,000 $15,000
Allowance to get data, phone, and WIFI service to the building.

Electrical, Water, and Security Alarm Service is already in place.

Design/Engineering - Allowance $50,000 $50,000
UC Facilities Support - Allowance $5,000 $5,000
CM Services - Pre Construction FY
24/25
Cumming
Group $9,898 $3,053 $0 $12,951 8/17: Payments updated thru June 2025.

CM Services - Pre Construction FY
25/26 (Cumming Group) $15,000 $15,000 Need funding for 2025/26 efforts. Per Jose, can Joan help? CM Services - Construction
(Cumming Group) $25,000 $25,000
Assumes project will be bid as a single project and not broken out or phased.

Construction Contingency 10% $0 $0 $42,735.0 $42,735
Soft Cost Contingency 10% $0 $0 $11,600 $11,600
Total $22,629 $4,403 $657,685 $684,717
Notes

1. Assuming permit fees will be waived.
152 of 152

← All documents from this meeting