PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 25th day of February 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
City Council/RSA Agenda 184 Tuesday, February 25, 2025
ORDINANCE NO. 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING SECTION 2.20.040 “COMMISSIONER ATTENDANCE
STANDARDS”, CHAPTER 2.21 “PARK AND RECREATION
COMMISSION” SECTIONS 2.21.020 AND 2.21.030 AND CHAPTER 2.25 “SENIOR CITIZENS COMMISSION” SECTIONS 2.21.020 AND 2.21.030
OF THE UNION CITY MUNICIPAL CODE TO REVISE ATTENDANCE
STANDARDS AND REDUCE COMMISSION MEMBERSHIP FROM
SEVEN TO FIVE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City Council created the Park and Recreation Commission pursuant to Chapter 2.21 of the Union City Municipal Code (the "Code"); and WHEREAS, section 2.21.020 (“Creation—Membership”) of the Code currently provides the Park and Recreation Commission shall be comprised of seven members plus two alternates; and
WHEREAS, section 2.21.030 (“Term of office—Filling vacancies—Chairperson”) of the Code currently provides the term of office for the seven members of the Park Commission; and
WHEREAS, the City Council created the Senior Citizens Commission pursuant to Chapter 2.25 of the Code; and
WHEREAS, section 2.25.020 (“Creation—Membership”) of the Code currently provides the Senior Citizens Commission shall be comprised of seven members plus two alternates; and
WHEREAS, section 2.25.030 (“Term of office—Filling vacancies—Chairperson”) of the Code currently provides the term of office for the seven members of the Senior Citizens Commission; and
WHEREAS, the City has had difficulty achieving quorum with a seven-member commission of the Park and Recreation and Senior Citizens Commissions; and WHEREAS, reducing the membership of the Park and Recreation and Senior Citizens Commissions, without reduction of alternates, will allow the Commissions to meet quorum requirements and continue to fulfill their purposes and duties; and WHEREAS, the City Council desires to amend the Code to reflect the reduction of membership to serve on the Commissions; and
WHEREAS, the City Council desires to provide certainty regarding meeting attendance and advisory body member standards.
City Council/RSA Agenda 185 Tuesday, February 25, 2025
Ordinance No. 2025-XXX
Commission Attendance & Membership Reduction Ordinance
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals (“Recitals”) are true, correct, and incorporated herein by reference.
SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 3. Municipal Code Amendments. Chapter 2.21 “Park and Recreation Commission” Section 2.21.020 (“Creation—Membership”) and Section 2.21.030 (“Term of office—Filling vacancies—Chairperson”) of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
§ 2.21.020. Creation—Membership.
There is created in the City a City Park and Recreation Commission to consist of seven five members plus two alternates which shall be designated as the Park and Recreation Commission of the City. § 2.21.030. Term of office—Filling vacancies—Chairperson.
The term of office of the members of the Park and Recreation Commission shall be four years. The term of office for the seven five current members shall expire consistent with the terms of office at the time of appointment. In the event of a vacancy or term expiration of a Commissioner or alternate, the Mayor, with the approval of the City Council, shall appoint successors to fill any vacancies for a term of four years or the unexpired portion thereof.
Each Park and Recreation Commissioner or alternate so appointed shall serve until his/her successor is duly appointed and qualified. Annually, during the month of August, or as soon thereafter as the Park and Recreation Commission holds a regular meeting, the Park and Recreation Commission shall elect from among its members a Chairperson and a ViceChairperson to serve for one year.
Chapter 2.25 “Senior Citizens Commission” Section 2.25.020 (“Creation— Membership”) and Section 2.25.030 (“Term of office—Filling vacancies— Chairperson”) of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
§ 2.25.020. Creation—Membership.
There is created in the City a Senior Citizens Commission to consist of seven five members plus two alternates which shall be designated as the Senior Citizens Commission of the City. All Senior Citizen Commissioners City Council/RSA Agenda 186 Tuesday, February 25, 2025
Ordinance No. 2025-XXX
Commission Attendance & Membership Reduction Ordinance
and alternates must be dues paying members of the Ralph & Mary Ruggieri Senior Center.
§ 2.25.030. Term of office—Filling vacancies—Chairperson.
The term of office of the members of the Senior Citizens Commission shall be four years. The term of office for the seven five current members shall expire consistent with the terms of office at the time of appointment. In the event of a vacancy or term expiration of a Commissioner or alternate, the Mayor, with the approval of the City Council, shall appoint successors to fill any vacancies for a term of four years or the unexpired portion thereof. Each Senior Citizens Commissioner so appointed shall serve until his/her successor is duly appointed and qualified. Annually, during the month of August, the Senior Commission shall elect from among its members a Chairperson and Vice-Chairperson to serve for one year
Section 2.20.040 (“Commissioner attendance standards”) subsections E of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
E. Commissioners and alternates who are unable to attend a meeting for one of the reasons listed in subsection F shall be required to notify the Recording Secretary for the board, commission, committee, or organization within 24 hours of the meeting regarding their inability to attend for the reasons specified in subsections F.1 and F.2 below and within 72 hours of the meeting for the reasons specified in subsections F.3, F.4 and F.5 below and pursuant to the procedure adopted by the board, commission, committee, or organization and reflected in the by-laws, which shall be amended to provide for such procedure.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
City Council/RSA Agenda 187 Tuesday, February 25, 2025
Ordinance No. 2025-XXX
Commission Attendance & Membership Reduction Ordinance
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 11th day of March 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
City Council/RSA Agenda 188 Tuesday, February 25, 2025
Item 7.4 RESOLUTION TO STANDARDIZE THE
APPOINTMENT AND EXPIRATION DATES FOR NEW
APPOINTMENTS TO ADVISORY BODIES; ORDINANCE
AMENDING COMMISSIONER ATTENDANCE STANDARDS
AND MEMBERSHIP OF PARK AND RECREATION
COMMISSION AND SENIOR CITIZENS COMMISSION
City Council/RSA Agenda 189 Tuesday, February 25, 2025
2 Background
Advisory Body Start and End Dates
• City Council has established various Brown Act advisory bodies. • Currently, members have varying beginning and expiration dates. o The City’s past practice has been to have the start date reflect the appointment date, with expiration at a set date a certain number of years from the appointment date. o This results in a range of dates for positions that are not aligned or consistent.
City Council/RSA Agenda 190 Tuesday, February 25, 2025
3 Background
Code Re: Park and Recreation Commission and Senior Commission and Excused Absences • The City’s Park and Recreation Commission and Senior Commission are currently seven member bodies that have had difficulty achieving quorum. • The Code provides for excused absences in certain circumstances but does not specify a timeline to notify the recording secretary.
City Council/RSA Agenda 191 Tuesday, February 25, 2025
4 Background
Legislation and Policy Committee
• On January 27, 2025, the Legislation and Policy Committee met and recommended that staff:
o Prepare a Resolution to create uniform start and expiration dates of the City Council’s advisory bodies.
o Prepare an Ordinance to establish timeframes for notices of excused absences and lower the number of members of the Park and Recreation Commission and Senior Commission.
City Council/RSA Agenda 192 Tuesday, February 25, 2025
5 Proposed Resolution
• Specifies all new appointments to City boards, commissions, and committees will commence on January 1st and expire on December 31st of the final year of their terms. • Aligns term with the calendar year for the entirety of the member’s service. • Provides administrative consistency and efficiency in the appointment processes. • Will not be retroactively applied; does not apply to current appointees unless subsequently appointed.
City Council/RSA Agenda 193 Tuesday, February 25, 2025
6 Proposed Ordinance - Absences
• Requires at least 72 hours notice to the Recording Secretary for the following excused absences:
o Employment conditions requiring travel outside the Bay Area, evening meetings, etc. o Lack of transportation to the meeting.
o Previously scheduled vacation or travel.
• Requires at least 24 hours notice to the Recording Secretary for the following excused absences:
o Serious illness and/or injury of the Commissioner and/or their immediate family. o Death in the family.
City Council/RSA Agenda 194 Tuesday, February 25, 2025
7 Proposed Ordinance – Park and Recreation
Commission and Senior Commission
• Lowers the membership of the Park and Recreation and Senior Citizen Commissions from seven to five.
• 2 alternates will remain.
• Allows meetings to proceed with a quorum of three instead of four members.
City Council/RSA Agenda 195 Tuesday, February 25, 2025
8 Proposed Ordinance – Desk Item
Commissioners and alternates who are unable to attend a meeting for one of the reasons listed in subsection F shall be required to notify the Recording Secretary for the board, commission, committee, or organization no later than 24 hours of the meeting regarding their inability to attend for the reasons specified in subsections F.1 and F.2 below and no later than 72 hours of the meeting for the reasons specified in subsections F.3, F.4 and F.5 below and pursuant to the procedure adopted by the board, commission, committee, or organization and reflected in the by-laws, which shall be amended to provide for such procedure.
City Council/RSA Agenda 196 Tuesday, February 25, 2025
9 Recommendation
1) Adopt a Resolution to standardize the appointment and expiration dates for new appointments to all boards, commissions and committees. 2) Waive full reading and introduce by title only an Ordinance of the City Council of the City of Union City amending Section 2.20.040 “Commissioner Attendance Standards”, Chapter 2.21 “Park and Recreation Commission” Sections 2.21.020 and 2.21.030 and Chapter 2.25 “Senior Citizens Commission” Sections 2.21.020 and 2.21.030 of the Union City Municipal Code to revise attendance standards and reduce commission membership from seven to five.
City Council/RSA Agenda 197 Tuesday, February 25, 2025
Desk Item 7.4
DATE: FEBRUARY 25, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY
SUBJECT: DESK ITEM 7.4
Please see below a proposed revision for the Ordinance contained in Item 7.4 for consideration:
Commissioners and alternates who are unable to attend a meeting for one of the reasons listed in subsection F shall be required to notify the Recording Secretary for the board, commission, committee, or organization no later than 24 hours of the meeting regarding their inability to attend for the reasons specified in subsections F.1 and F.2 below and no later than 72 hours of the meeting for the reasons specified in subsections F.3, F.4 and F.5 below and pursuant to the procedure adopted by the board, commission, committee, or organization and reflected in the by-laws, which shall be amended to provide for such procedure.
City Council/RSA Agenda 198 Tuesday, February 25, 2025