NOTICE AND AGENDA
CITYOF UNION CITY
GARYSINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAIME PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
CITYCOUNCIL
SPECIAL MEETING
Tuesday, May 6, 2025
5:00 PM
CityCouncil Chambers | 34009Alvarado-Niles Road, Union City, CA94587 NOTICE OF REMOTE PARTICIPATION:
Councilmember Patiño will participate in the meeting via teleconference from the site listed below. The meeting agenda will be posted on the teleconference site, which is accessible to the public. Anyone wishing to address the Council from the teleconference site will be provided with an opportunity to do so.
Location:
Omni LosAngeles Hotel (Lobby)
251 South Olive Street
LosAngeles, CA90012
1. CALL TO ORDER
2. ROLL CALL
3. ORAL COMMUNICATIONS - Comments limited to items on the Special MeetingAgenda
4. CITYMANAGER REPORTS
4.a. Adopt a Resolution Canceling the Request for Commercial Cannabis PermitApplicants Issued Pursuant to Resolution No. 6245-24 and/or Provide Further Direction
5. ADJOURNMENT
/s/ Thai Nam Pham
Thai Nam Pham, MMC, CPMC
City Clerk
MEETING INFORMATION
Regular City Council meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers, City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.
Meetings can also be observed via Zoom: http://citycouncil-live.unioncity.org Meetings are broadcast live on UCTV Channel 15 and live-streamed on the City's website:
https://www.unioncity.org/199/City-Meetings-Video.
Public Comment: Members of the public cannot provide comments via Zoom unless specifically permitted, as detailed below. Remote access is subject to technical availability. If the Zoom platform or other technology fails, the City Council will proceed with the meeting in person unless prohibited by law.
Public Records: Documents related to agenda items are available for review on the City's website (https://www.unioncity.org) or during business hours at the City Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.
Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting. Closed captioning is available for all regular City Council meetings.
ADDRESSING THE CITY COUNCIL
In-Person Public Comment:
Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting.
To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address. Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.
Written Comment:
To submit written comments on an agenda item or during Public Comment, please email:
[email protected]. Include "public comment" in the subject line and reference the agenda item number.
Written comments will be forwarded to the City Council and made publicly available.
Public Comment via Zoom:
As noted above, the public may not address the Council via Zoom unless required byAB 2449. If the City is required to provide this opportunity, the Mayor will announce it at the beginning of the meeting. If allowed, raise your virtual hand on Zoom to indicate that you would like to speak on a specific agenda item.
CITY COUNCIL NORMS AND GUIDELINES
(Resolution No. 6129-23;Adopted May 23, 2023)
The Union City Council abides by the following norms:
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 our code of ethics.
2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.
3. We recognize that matters of confidential nature are to be kept private and undisclosed.
4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we 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 the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.
6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.
7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.
8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.
9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.
10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.
11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.
May these Council Norms be administered and enforced in the following manner:
1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.
2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.
3. The City Council can review and revise the Council Norms as needed.
4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.
CERTIFICATION OF MEETING NOTICE AND AGENDAPOSTING
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. BrownAct. /s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency Agenda Item
Agenda Item
DATE: 5/6/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION CANCELING THE REQUEST FOR COMMERCIAL CANNABIS PERMIT APPLICANTS ISSUED PURSUANTTO RESOLUTION NO. 6245-24AND/OR PROVIDE FURTHER DIRECTION Staffrecommends that the City Counciladopta resolution canceling the request forcommercialcannabis permitapplicants issued pursuant to Resolution No. 6245- 24, which called forapplications fromJanuary 10, 2024 throughApril 9, 2024. The City Councilmay also provide other policy direction as it deems appropriate.
STRATEGIC PLAN ALIGNMENT
This report is in alignment with thefollowingCityCouncil Priority:
GoalA: Financial Stability and Sustainability
Strategy 11: Assess the effectiveness of the City’s cannabis programto determine whether it is meeting intended objectives, public safety impacts, revenue targetsand other factors.
BACKGROUND
On November 14, 2017, the City Counciladopted Chapter 5.44 of the Union City Municipal Code (“UCMC”) which established the regulatory framework for commercial cannabis operators within the City. Concurrently, the City Council adopted Resolution No. 5144-17, allowing for up to three commercial cannabis permits in each ofthefollowing categories:cultivation, manufacturing, distribution, testing,and retail.
The City Council to-date has awarded commercialcannabis permits to two retail businesses, but has not awarded any commercialcannabis permits for cultivation, manufacturing, distribution, or testing.
On January 9, 2024, the City Council adopted Resolution No. 6245-24 opening the application process for commercial cannabis permits, effective January 10, 2024 through April 9, 2024. This application cycle was limited to applicants who have previously received an intent to award a commercial cannabis permit (“Resolution ofIntent”)and included availability ofthefollowing permit types:cultivation (3), manufacturing (3), distribution (3), testing (3),and retail(1).
On February 13, 2024, the City Counciladopted Resolution No. 6254-24 amending the existing commercialcannabis permit application procedures to include a CommunityOutreach Plan requirement.
The process for furtherconsideration of potentialapplicant(s) has not moved forward. DuringGood ofthe Orderat the January 14, 2025 City Councilmeeting, staff received arequest to agendizeforconsideration canceling thecommercialcannabisapplication process initiated pursuant to ResolutionNo. 6245-24.
DISCUSSION
Consistent with therequest duringGood ofthe Orderat theJanuary 14, 2025 CityCouncilMeeting, staff has prepared aresolution for Councilconsideration.
Pursuant to the UnionCityMunicipalCode, Section 5.44.030(D)(5):
The City reserves theright to rejectany orallapplications. Prior to permit issuance, the Citymay also modify, postpone, orcancelany request forapplications at any time without liability, obligation, or commitment to any party, firm, or organization. Applicants for permits assume the risk that the City may elect to terminate or not issue permits forany commercialcannabis usesatany time prior to permit issuance.
The application procedures approved pursuant to Resolution No. 6245-24 also provide that the City reserves the right to cancelany request for applications at any time.An applicant that participated under the previous process has submitted acommunication for publiccomment which is included with this report.
Adopting the proposed resolutionwould result in the City Councilcanceling this application process for a commercialcannabis permit issued pursuant to Resolution No. 6245-24.
FISCALIMPACT
Thereis no fiscalimpactasaresult ofthe CityCounciltaking therecommended action.
RECOMMENDATION
Staffrecommends that the City Counciladopta resolution canceling the request forcommercialcannabis permitapplicants issued pursuant to Resolution No. 6245- 24 or providefurther direction as it deems necessary.
Prepared by:
Jennifer Phan, DeputyCityManager
Submitted by:
Jennifer Phan, DeputyCityManager
ATTACHMENTS:
Description Type
Draft Resolution Resolution
PowerPoint Presentation Attachment
Public Comment fromApplicant (datedApril 30, 2025) Attachment Public Comment fromUFCW(Dated May 5, 2025) Attachment
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
CANCELING THE REQUEST FOR COMMERCIAL CANNABIS PERMIT
APPLICANTS ISSUED PURSUANT TO RESOLUTION NO. 6245-24
WHEREAS, on November 14, 2017, the City Council adopted Ordinance No. 845- 17 which, among other things, established a permitting process for approval of commercial cannabis operators in the City of Union City; and WHEREAS, on November 14, 2017, the City Council adopted Resolution No. 5144-17, which allowed for up to three commercial cannabis permits in each of the following categories: cultivation, manufacturing, distribution, testing, and medicinal retail; and
WHEREAS, pursuant to Union City Municipal Code (“UCMC”) Section
5.44.030(D)(2), the City Council may, in its sole discretion, adopt a resolution to open the process for accepting applications for commercial cannabis permit(s) and adopt the procedures to govern the application process and the manner in which the City Council will determine the most qualified applicant to receive the permit(s); and WHEREAS, on January 9, 2024, the City Council adopted Resolution No. 6245- 24 opening the application process for commercial cannabis permits, effective January 10, 2024, through April 9, 2024; and
WHEREAS, pursuant to Resolution No. 6245-24, the City Council is not required or obligated to award or issue any commercial cannabis permits following the application process, even if the City Council determines that an applicant or applicants are qualified to receive the permit(s). The City Council, in its sole and absolute discretion, expressly reserves the right not to award a commercial cannabis permit to an applicant; and WHEREAS, pursuant to the UCMC Section 5.44.030(D)(5) and the application procedures approved pursuant to Resolution No. 6245-24, the City reserves the right to reject any or all applications and cancel any request for applications at any time without liability, obligation, or commitment to any party, firm, or organization.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby cancels the request for commercial cannabis applicants issued pursuant to Resolution No. 6245-24.
Resolution No. 2025-XXX
Closing Application Process for Commercial Cannabis Permits
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on this 6
th day of May 2025 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
Item 4.a: Canceling Request for
Commercial Cannabis Permit Applicants
May 6, 2025 City Council Meeting
2 Item 4.a:
Canceling Request for Commercial Cannabis Permit Applicants Background
• Chapter 5.44 of the Union City Municipal Code established regulatory framework for commercial cannabis operators
• Resolution No. 5144-17 established at three (3) permits in each category:
• To-date, two retail businesses have opened and are currently in operation.
Cultivation Distribution Manufacturing Testing Dispensary/ Retail
3 Item 4.a:
Canceling Request for Commercial Cannabis Permit Applicants Background (cont.)
• January 9, 2024 – Resolution No. 6245-24 opened
application process for commercial cannabis permits
• February 13, 2024 – Resolution No. 6254-24 amended
existing commercial cannabis permit application procedures to include a Community Outreach Plan requirement
• January 10, 2024-April 9, 2024– Application period
• January 14, 2025 – City Council requested to agendize for consideration canceling the commercial cannabis application process
4 Item 4.a:
Canceling Request for Commercial Cannabis Permit Applicants UCMC Section 5.44.030(D)(5) and Approved
Procedures Pursuant to Resolution No. 6245-24
The City reserves the right to reject any or all applications. Prior to permit issuance, the City may also modify, postpone, or cancel any request for applications at any time without liability, obligation, or commitment to any party, firm, or organization.
Applicants for permits assume the risk that the City may elect to terminate or not issue permits for any commercial cannabis uses at any time prior to permit issuance.
5 Recommendation
Staff recommends that the City Council adopt a resolution canceling the request for commercial cannabis permit
applicants issued pursuant to Resolution No. 6245-24.
City Council may also provide further policy direction as it deems appropriate.
Item 4.a:
Canceling Request for Commercial Cannabis Permit Applicants 1 04/30/2025
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
City of Union City,
Embarc remains committed to doing business in partnership with the City of Union City and working collaboratively to ensure the long-term success and compatibility of our operations.
To that end, we are open to relocating our proposed business to an alternative site identified by the Chief of Police that may better align with community expectations and ensure continued neighborhood compatibility. We recognize the importance of public trust and safety and are eager to support a solution that reflects those values.
We are hopeful to continue our productive collaboration with City staff and the Union City Police Department—as we have over the past two years—to deliver the best possible outcome for the Union City and its residents.
Sincerely,
Lauren Carpenter
Chief Executive Officer, Embarc Union City
United Food & Commercial Workers Union
Amber Baur, Executive Director · Mark Ramos, President · Kirk Vogt, Secretary-Treasurer · Andrea Zinder, Recorder 8530 Stanton Avenue, P.O. Box 5158 · Buena Park, California 90620 (714) 670-5580 1127 11th Street, Suite 830 · Sacramento, California 95814 www.ufcwwest.org
May 2, 2025
Dear Mayor and City Council,
The United Food and Commercial Workers (UFCW) represents a highly diverse group of tens of thousands of hardworking men and women in California. We speak in a clear, progressive, and unified voice to ensure our members receive fair wages, ample benefits, and maintain a healthy work-life balance.
We are writing in support of Embarc in Union City. Despite the several years of delays, Embarc remains dedicated to creating local economic opportunities, providing community benefits, and fostering genuine partnerships with the City and its residents. Embarc has applied and been selected twice now, and we simply ask that staff work with Embarc to get their project across the finish line.
As detailed in their proposal, Embarc has committed to 100% local hiring, a competitive wage, meaningful benefits, and opportunities for advancement within the company. These commitments ensure that employment at Embarc will provide for local workers and their families, allowing the company’s workforce to be—and remain—truly local.
For Union City this means:
• Dozens of jobs that pay a living wage
• Millions of dollars in direct and indirect revenue for the city annually • A partner in Embarc that has proven it will put the needs of the community first Embarc is one of the few cannabis operators in California to be unionized—demonstrating their clear commitment to a represented workforce. Embarc has wonderful working relationships with the United Food and Commercial Workers Union to represent employees across all currently operational stores. Furthermore, Embarc has:
• An unparalleled leadership team with extensive cannabis operating experience • A proven track record in compliance and navigating the regulated market • Meaningful community relationships and a commitment to responsible operations • Professionalism and integrity
We urge you to stand with Embarc and direct staff to work with them to bring back the project with any necessary modifications including a location supported by the Chief of Police.
Thank you for your time and consideration.
Regards,
Kristin Heidlebach
Legislative Director
UFCW Western States Council