RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING THE FIRST AMENDED EMPLOYMENT AGREEMENT
WITH FAROOQ AZIM TO CONTINUE THE CRITICALLY NEEDED
POSITION OF EXTRA HELP FOR THE CITY ENGINEER
WHEREAS, Farooq Azim retired from the City of Union City’s Public Works Department, from the position of City Engineer, effective October 6, 2025; and WHEREAS, Government Code section 7522.56 requires that post-retirement employment of a retired annuitant subject to CalPERS regulations commence no earlier than 180 days after the retirement date, which is October 6, 2025, plus 180 days (i.e., April 4, 2026), absent any exception; and
WHEREAS, Government Code section 7522.56(f)(1) provides an exception to the 180 day requirement if the City, certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the governing body of the City has approved the appointment in a public meeting, provided that the appointment is not placed on a consent calendar; and WHEREAS, Government Code section 21224 requires that the City Council of the City of Union City (“City Council”) make specified findings prior to the employment of a retired annuitant subject to CalPERS regulations as relevant here, (1) the appointment must be made because the retiree possesses specialized skills needed for work of limited duration, (2) the employment cannot exceed 960 hours, (3) the hourly rate does not exceed the maximum monthly base salary paid to active employees performing comparable duties divided by 173.333, (4) the retiree cannot receive any additional benefits, incentives, or compensation in lieu of benefits, and (5) the retiree must not have received unemployment insurance compensation from a CalPERS employer within the 12 months prior to the appointment; and WHEREAS, on October 14, 2025, City Council adopted Resolution No. 2025-138 approving an exception to the 180-day waiting period for post-retirement employment of Farooq Azim to fill the critically needed position for City Engineer upon making the necessary findings and certifications pursuant to California Government Code Sections 7522.56 (f)(1) and 21224, stated above; and
WHEREAS, based upon the findings above, the City entered into a certain Employment Agreement with Farooq Azim effective October 14, 2025, to fill the critically needed position of Extra Help for the City Engineer. The terms of the Employment Agreement state that the term is limited to June 30, 2026, and that the monthly base salary for this position is $19,938, with an hourly equivalent of $115.03. Such terms are in conformance with CalPERS regulations; and
WHEREAS, the Parties desire to amend the Employment Agreement with Farooq Azim to extend the term of the agreement from June 30, 2026, to December 31, 2026, as the need for extra help to aid in the transition of duties to the newly hired City Engineer remains. All other terms will remain.
Resolution No. 2026-XXX
First Amended Employment Agreement – Farooq Azim as City Engineer Extra Help
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves and authorizes the City Manager to execute the First Amended Contract with Farooq Azim, extending the term through December 31, 2026.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 23, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1) Exhibit A – Annuitant Agreement