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Minutes, regular meeting, second session

Union City City Council
January 9, 2024

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Minutes, regular meeting, second session
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January 9, 2024
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Union City City Council
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January 9, 2024 | 7:00 PM Page 1 of 6 City Council / Successor Agency Regular Meeting Minutes

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, January 9, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.

1.b. Roll Call

Present: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, Mayor Dutra-Vernaci

Absent: None

2. UNFINISHED BUSINESS
There were none.

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Council Assignments to Various Boards and Commissions Mayor Dutra-Vernaci provided the Council Assignments and Sub-Committee Appointments to Outside Agency and Advisory Meetings, and Union City Boards & Commissions document to Council Members as a Desk Item.

January 9, 2024 | 7:00 PM Page 2 of 6 City Council / Successor Agency Regular Meeting Minutes

4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. The following members spoke on items that were not on the agenda:

Dev Bhatia Nasimi Hosi
Susanna Chen Aiden Le
Nicholas Concepcion Kim Lunh
Vivianna Espinoza Shamsa Rafay
Farah Fareed Rouhi Syed
Naheed Hasnat Kaitlyn Trieu
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.

Mayor Dutra-Vernaci provided a brief statement regarding Union City’s Proclamation Policy.

5. CONSENT CALENDAR
It was moved by Councilmember Singh and seconded by Vice Mayor Wang to adopt the Consent Calendar.

The motion was carried by the following roll call vote:

AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None

5.a. Waived Further Reading of Proposed Ordinance (This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Adopted Resolution No. 6243-24, Authorizing The City Manager To Execute The Fourth Amendment To The Consulting Services Agreement With Apex Strategies, In The Amount Of $147,840, For A Total Contract Amount Of $498,190, For Transportation Strategies Support For The Quarry Lakes Parkway Project, City Project No. 18-04.

5.c. Adopted Resolution No. 6244-24, Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With VSCE, Inc., In The Amount Of $434,000, For A Total Contract Amount Of $883,100, For Project Management Services For The Quarry Lakes Parkway Project, City Project No. 18-04.

6. PUBLIC HEARINGS
There were none.

January 9, 2024 | 7:00 PM Page 3 of 6 City Council / Successor Agency Regular Meeting Minutes

7. CITY MANAGER REPORTS

7.a. Opening The Application Process For Commercial Cannabis Permit(s) And Approving The Procedures To Govern The Manner In Which The City Council Will Determine The Most Qualified Applicant(s) To Receive The Permit(s)
Vice Mayor Wang recused himself on this item stating a personal objection to cannabis and, therefore, cannot act impartially in this matter.

Deputy City Manager Jennifer Phan presented a report on opening the Application Process for Commercial Cannabis Permits. She and City Attorney Kris Kokotaylo responded to questions from councilmembers.

Mayor Dutra-Vernaci opened Public Comment. The following members spoke on the item:

Mike Garcia Craig Roberts
Alison Hayden Midji Rovetta
Wendy Huang Elwood McCoy
Robert Ogilue James Ye
Craig Roberts
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.

It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Patiño to adopt Resolution No. 6245-24, Opening The Application Process For Commercial Cannabis Permit(s) And Approving The Procedures To Govern The Manner In Which The City Council Will Determine The Most Qualified Applicant(s) To Receive The Permit(s), with the addition of the following recommendations: 1) Return to City Council within 30 days with a community outreach plan requirement, 2) Preference for 1,000 square foot distance from sensitive uses, and 3) Extend the application period for commercial cannabis permits to 90 days.

The motion was carried by the following roll call vote:

AYES: Councilmembers Patiño, Sakakihara, and Mayor DutraVernaci NOES: Councilmember Singh
RECUSED: Vice Mayor Wang
ABSTAIN: None
ABSENT: None

7.b. Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” City Attorney Kokotaylo presented a report and responded to questions from councilmembers.

Mayor Dutra-Vernaci opened Public Comment. The following speakers spoke on the item:

Michelle Daniel Fatima Samim-Franco
Brian Davis Jagroop S. Sandhu
January 9, 2024 | 7:00 PM Page 4 of 6 City Council / Successor Agency Regular Meeting Minutes
Bob Gordon Kevin Sandhu
Joseph Hayden Luis Santos Hernandez
Fatima Khawaja Baljit Singh
Alyssa Mamaclay Isha Singh
Riya Pallikonda Jaskirat Singh
Nehal Patel Lakhbir Singh
Sheila Phan Amaya Wooding
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.

Councilmember Sakakihara provided a Desk Item to Councilmembers, “Proposed Changes to the Tobacco Retail License Ordinance.” It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Patiño to move forward with staff-recommended text amendments with the following adjustments:
• Item No. 5, making the minimum pack size move from five (5) to ten (10) cigars with a minimum price of $15.00;
• The effective date of the ordinance for four (4) months to allow for the sale down of inventory;
• Arm length transactions to have an exemption relative to gift transactions; and
• The prohibition of redemption of tobacco discounts or coupons.

The motion was carried by the following roll call vote:

AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None
A second motion was made by Councilmember Sakakihara, seconded by Mayor Dutra Vernaci, that items in the desk item not incorporated into the previous motion, including adding $1,000 vs. $500 for the third offense to avoid labeling it as a misdemeanor, be sent to the Legislation and Policy Committee for further review and recommendation to the Council.

The motion was carried by the following roll call vote:

AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None

7.c. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With TeamCivX In The Amount Of $54,925 For A Total Contract Amount Of $161,000, And Authorize A Supplemental Budget Appropriation Of $28,500 For The January 9, 2024 | 7:00 PM Page 5 of 6 City Council / Successor Agency Regular Meeting Minutes
Fiscal Year 2023-2024 Budget To Accommodate The Additional Scope Of Services.

Mayor Dutra-Vernaci notified the public that the item would be heard after Items 8, 9, 10, 11, and 12.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

9. AUTHORITIES AND AGENCIES
There were none.

10. CITY COMMISSION / COMMITTEE REPORTS
There were none.

11. ITEMS REFERRED BY COUNCIL
Vice Mayor Wang reported on the Planning Commission and Alameda County Waste Management Authority.

Councilmember Singh had no report.

Councilmember Sakakihara reported on the Housing Authority of Alameda County.

Councilmember Patiño reported on the League of California Cities (LOCC) East Bay Division Holiday Gathering, AVA Community Energy Board of Directors, and LOCC Policy Committee. He also congratulated Councilmember Sakakihara on his reappointment to the LOCC Taxation Policy Committee and Vice Mayor Wang on his appointment to the LOCC Public Safety Policy Committee. He further noted his reappointment to the LOCC Governance, Transparency, and Labor Relations Committee.

Mayor Dutra-Vernaci reported on the Alameda County Mayors Conference at Piedmont, Metropolitan Transportation Commission, and Alameda County Transportation Commission.

12. GOOD OF THE ORDER
Vice Mayor Wang reported his attendance at a meeting in San Francisco.

Councilmember Wang had no report.

Councilmember Sakakihara reported his attendance at Captain Souza’s retirement walkout event and LOCC Policy Committee orientation. He thanked the mayor for running an orderly meeting, the rest of the council for having civil discussions despite policy disagreements, and staff for their work.

Councilmember Patiño reported his attendance at Captain Souza’s retirement walkout event, the Hanukah Menorah Lighting at Kennedy Park, and UC Apostolic Church to celebrate Bishop Adam Lopez. He also asked that the closing of the meeting be dedicated to slain Oakland Police Officer Tuan Le.

Mayor Dutra-Vernaci requested the Council to send two items to the Legislation and Policy Committee:
• A conversation about having a City Flag Policy; and
January 9, 2024 | 7:00 PM Page 6 of 6 City Council / Successor Agency Regular Meeting Minutes
• A policy on the rotation of the vice mayor seat.

Her requests received no objections.

7.c. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With TeamCivX In The Amount Of $54,925 For A Total Contract Amount Of $161,000, And Authorize A Supplemental Budget Appropriation Of $28,500 For The Fiscal Year 2023-2024 Budget To Accommodate The Additional Scope Of Services.

Mayor Dutra-Vernaci and Councilmember Singh announced they had a potential conflict of interest in Item 7.b. and recused themselves from the item.

City Manager Joan Malloy presented a report and responded to questions from the councilmembers.

Councilmember Patiño moved and seconded Councilmember Sakakihara to adopt Resolution No. 6246-24 authorizing the City Manager to execute the first amendment to the TeamCivX Professional Services Agreement in the amount of $54,925, and authorizing a supplemental budget appropriation of $28,500 for the Fiscal Year 2023-2024.

The motion was carried by the following roll call vote:

AYES: Councilmembers Patiño, Sakakihara, and Vice Mayor Wang
NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Mayor Dutra-Vernaci and Councilmember Singh

13. CLOSED SESSION
There were none.

14. ADJOURNMENT
Vice Mayor Wang adjourned the meeting in honor of Oakland Police Officer Tuan Le at 10:51 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City on May 14, 2024.

Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency

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