February 27, 2024 | 7:00 PM Page 1 of 7 City Council / Successor Agency Regular Meeting Minutes
MINUTES
CITY OF UNION CITY CITY COUNCIL / SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY REGULAR 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, February 27, 2024
7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
The meeting was called to order by Mayor Dutra-Vernaci at 7:09 PM.
1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.
1.b. Roll Call
Attendance Attendee Name
Present Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Absent None
2. UNFINISHED BUSINESS
There were none.
3. PROCLAMATIONS AND PRESENTATIONS
There were none.
February 27, 2024 | 7:00 PM Page 2 of 7 City Council / Successor Agency Regular Meeting Minutes
4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications.
Indy Singh thanked the Council for their work, stressed self-care, and suggested using vacant land for community food growth to improve food justice and land use.
Susie Garcia questioned possible Brown Act violations by Councilmembers seen together at events, seeking clarification on the Act's rules.
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.
5. CONSENT CALENDAR
Mayor Dutra-Vernaci asked staff to provide a brief report on Item 5.g. City Attorney Kokotaylo and City Manager Malloy provided a brief report at her request.
Motion: Approve the Consent Calendar.
RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER:Councilmember Patiño
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
5.b. Approve The Minutes Of The City Council Meeting Held On December 12, 2023
A motion was made to approve the minutes.
5.c. Adopt Two Resolutions Of The City Council Of The City Of Union City Updating Adopted Resolutions No. 6138-23 And 6250-24 Regarding The City’s Homekey Application And Implementation Of The “Project Reclamation – Alameda County Scattered Sites Project” Per Direction From The State Department Of Housing And Community Development A motion was made to adopt the resolutions.
Enactment Nos. Resolution Nos. 6258-24 and 6259-24
5.d. Adopt A Resolution Accepting The Completion Of The 2023-2024 Citywide Street Pavement Rehabilitation Project, City Project No. 23- 01 A motion was made to adopt the resolution.
Enactment No. Resolution No. 6260-24
5.e. Adopt A Resolution Authorizing The Award Of A Construction Contract To Bay Cities Paving & Grading, Inc., In The Amount Of $17,049,000, And Approving A Total Construction Budget In The February 27, 2024 | 7:00 PM Page 3 of 7 City Council / Successor Agency Regular Meeting Minutes
Amount Of $21,222,750; Approving Two Budget Transfers, One In The Amount Of $25,742 From The Measure B Bike & Ped Fund (Fund 2543) And Another In The Amount Of $1,373,974 From The Measure BB Road Fund (Fund 2545), For A Total Of $1,399,716 In Budget Transfers To The Union City Boulevard Bike Lanes Project, City Project No. 17-29; And Rejecting The Bid Protest From The Ghilotti Construction Company, Inc.
A motion was made to adopt the resolution.
Enactment No. Resolution No. 6261-24
5.f. Adopt A Resolution Approving A Reimbursement Payment In The Amount Of $291,676.73 To The Alameda County Water District Pursuant To The Cooperative Agreement For Cost Sharing For Pavement Work For The Alvarado-Niles Pipeline Seismic Improvement Project (ACWD Job 21192), And Approving An Appropriation, In The Amount Of $291,676.73 From The Allied Waste Vehicle Fee Fund Balance For Fiscal Year 2023-2024 To The Smith Street Restoration Project, City Project No. 24-05
A motion was made to adopt the resolution.
Enactment No. Resolution No. 6262-24
5.g. Adopt A Resolution Authorizing A Legal Services Agreement With Redwood Public Law, LLP For Kristopher Kokotaylo To Continue Serving As City Attorney
A motion was made to adopt the resolution.
Enactment No. Resolution No. 6263-24
5.h. Adopt A Resolution Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The City Of Union City And The Management Employee Group (MEG) To Allow For A Pilot Program On Alternative Work Schedules (AWS)
A motion was made to adopt the resolution.
Enactment No. Resolution No. 6264-24
6. PUBLIC HEARINGS
6.a. Public Hearing And Adopt A Resolution Approving Administrative Site Development Review (ASD-23-023) And Use Permit (UP-23-008) For A New Enclosed Wireless Facility On Top Of The Avalon Union City Apartments, Located At 24 Union Square (APN 87-19-1-25), And To Increase The Height Of The Building From 79 To 86 Feet
Associate Planner Natalie Dean provided staff presentation and responded to Councilmember questions.
Mayor Dutra-Vernaci opened the Public Hearing at 7:27 PM. There being no speakers, Mayor Dutra-Vernaci closed the Public Hearing at 7:27 PM.
February 27, 2024 | 7:00 PM Page 4 of 7 City Council / Successor Agency Regular Meeting Minutes
Motion: Adopt a resolution approving Administrative Site Development Review (ASD-23-023) and Use Permit (UP-23-008) for a new enclosed wireless facility on top of the Avalon Union City Apartments, located at 24 Union Square (APN 87-19-1-25), and to increase the height of the building from 79 to 86 feet.
RESULT: Pass
MOVER: Councilmember Singh
SECONDER: Councilmember Sakakihara
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
Enactment No. Resolution No. 6265-24
7. CITY MANAGER REPORTS
7.a. Receive Report On Potential Public Safety Parcel Tax And Utility Users’ Tax Revenue Measures For The November 2024 Election And Provide Policy Direction
City Manager Malloy and Bryan Godbe of Godbe Research presented the item and responded to Councilmember questions.
Mayor Dutra-Vernaci opened the Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
The Council received the report and directed staff to conduct additional surveys to test voter support for a modified public safety parcel tax and a potential increase in utility users’ taxes.
7.b. Waive Further Reading And Adopt An Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers”
City Attorney Kokotaylo provided staff presentation and responded to Councilmember questions.
Mayor Dutra-Vernaci opened the Public Comment.
Camille Cummings urged equitable policy enforcement by suggesting administrative fines over criminal penalties and holding retail licensees accountable rather than penalizing cashiers or those possessing, using, or purchasing tobacco products.
Isha Singh advocated for the policies, emphasizing their potential to make tobacco products less accessible to teens and enhance community safety.
Soorya Ramaraju reiterated calls for action against youth-targeted flavored tobacco products.
Amaya Wooding highlighted the importance of minimum price policies for tobacco products, noting disparities in pricing between cigars and cigarettes and the impact on consumer behavior.
February 27, 2024 | 7:00 PM Page 5 of 7 City Council / Successor Agency Regular Meeting Minutes
Deborah Chhun supported the ban on all vapes, citing public health concerns.
Dave Patel expressed concerns about the impact of the proposed policies on local businesses, emphasizing the need for balanced approaches that protect youth without harming local enterprises.
Lakhbir Singh opposed new licensing and vape ban regulations, arguing they negatively impact small businesses and are ineffective due to nearby cities without such bans.
Jagrup Singh criticized annual changes and increasing fines in tobacco laws, emphasizing his business’s compliance and advocating for uniform state regulations.
Kevin Sardhu objected to licensing fees and proposed bans, highlighting the black-market issue and the unfair impact on lawabiding businesses.
Amit Barn questioned the rationale behind new fees and the vape ban, pointing out policy inconsistencies and the potential adverse effects on businesses.
Vivian Chang supported the proposed ordinance updates,
emphasizing the need for regular compliance checks to enforce the ordinance effectively.
Luis Santos Hernandez advocated for spatial restrictions on tobacco retailers near schools and youth-focused spaces to limit youth access to tobacco products.
Arjun Sigampalli and Lucine Mokahel voiced support for the ordinance, stressing the importance of protecting youth from the harmful effects of tobacco.
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.
Motion: Waive Further Reading and Adopt an ordinance amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers”.
RESULT: Fail
MOVER: Mayor Dutra-Vernaci
SECONDER: Councilmember Sakakihara
AYES: Councilmember Sakakihara and Mayor Dutra-Vernaci
NOES: Councilmember Patiño and Vice Mayor Wang
ABSENT: None
ABSTAIN: Councilmember Singh
Motion: Direct staff to come back with a proposed ordinance for consideration with everything as is, with the exception of a prohibition on the sale of all vape products and replace it with single-use vape products.
RESULT: Pass
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MOVER: Councilmember Patiño
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None
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 Youth Commission.
Councilmember Singh had no report.
Councilmember Sakakihara reported on the Housing Commission and Parks and Recreation Meeting.
Councilmember Patiño reported on Fire Advisory Commission, CalCities Board of Directors, CalCities East Bay Division Meeting, AVA Community Energy Marketing, Regulatory and Legislative Subcommittee Meeting, and AVA Community Energy Board of Directors Meeting.
Mayor Dutra-Vernaci reported on the Metropolitan Transportation Commission and Alameda County Transportation Commission.
12. GOOD OF THE ORDER
Councilmember Patiño reported on attending a Hispanic elected officials meeting, preparing for the Congressional City Conference, and participating in interviews about gun control and other topics with students from Logan High School. He also mentioned an upcoming trip to D.C. for the National League of Cities Conference.
Councilmember Sakakihara reported on attending the Police Deputy Chief’s promotion ceremony and the Crab Feed with the POA and Lions Club. He also requested that the Council agendize Bob Singer’s presentation on a bike park at a future council meeting. The item received majority support. Lastly, he raised a resident’s concern about a fee for home additions, suggesting a review of the ordinance based on its application and financial implications.
Mayor Dutra-Vernaci noted the cancellation of the March 12th City Council meeting due to Councilmember Sakakihara's reserve duty and Councilmember Patiño and Vice Mayor Wang's commitments in Washington, D.C., leading to a lack of quorum.
She reminded the Council of the policy requiring 60 days' notice for absences to February 27, 2024 | 7:00 PM Page 7 of 7 City Council / Successor Agency Regular Meeting Minutes
assist in agenda planning and announced her likely absence from the first meeting in June due to an out-of-state travel.
Councilmember Singh reported on Sister City benches and a signal situation at Alvarado-Niles and Hop Ranch Road.
Vice Mayor Wang reported on attending the Police Deputy Chief’s promotion ceremony and the Crab Feed with the POA and Lion Club.
13. CLOSED SESSION
13.a. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency Designated Representatives: Kristopher J.
Kokotaylo, City Attorney; Mayor Dutra-Vernaci Unrepresented Employee: City Manager
No reportable action.
14. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:02 PM.
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 March 26, 2024.
Thai Nam Pham, MMC, CPMC
City Clerk